Implementing the Canadian Environmental Protection Act, 1999, Watch List Approach

Purpose 

The purpose of this document is to provide information on the Government of Canada’s approach for implementing section 75.1 of the Canadian Environmental Protection Act, 1999 (CEPA). 

Context

On June 13, 2023, the Strengthening the Environmental Protection for a Healthier Canada Act (S.C. 2023, c. 12), amending CEPA and other federal legislation, came into force. The new section 75.1 of CEPA states that the Minister of the Environment shall compile and may amend from time to time a list that specifies substances that the Minister of the Environment and the Minister of Health (the Ministers) have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic. This list is known as the Watch List (Liste de surveillance). Substances listed on Schedule 1 of CEPA cannot be added to the Watch List.  

Watch List Approach

The Watch List Approach (the Approach) outlines how Environment and Climate Change Canada (ECCC) and Health Canada (HC) will meet the requirements for compiling and amending the Watch List. The Approach describes the considerations and processes by which the Watch List will be administered.  

The Watch List includes substances that have been assessed as not currently meeting the criteria for toxic substances under section 64 of CEPA and may be of potential concern if exposure or hazard characteristics were to change in the future. The Watch List will not impose new or additional requirements or restrictions on a substance^{Footnote 1}  and does not supersede or modify any Act, regulation or legal obligation.

Right to a Healthy Environment under CEPA 

The Government of Canada has a duty to protect the right to a healthy environment as provided for under CEPA, subject to reasonable limits. The implementation framework sets out considerations to protect this right and uphold the principles described in the implementation framework. 

Work to inform the Approach began before the implementation framework was published on July 19, 2025, and this Approach is proceeding under the transition period referenced in the implementation framework. The Approach aligns with the implementation framework by supporting protection of human health or the environment from harmful substances, pollutants, and waste. Even though the implementation framework did not apply, many elements included in the implementation framework were considered. For example, efforts were made to allow members of the public to participate in the development of the Approach by providing an online 60-day comment period in late 2024. The Approach also describes opportunities where the public can comment on substances proposed to be added to the Watch List during public comment periods on draft assessments. The Approach indicates, when identifying a substance to be added to the Watch List, potential risks to populations who may be disproportionately impacted. The potential for long-term effects on human health or the environment is also considered.  

Identification of Watch List Substances

The Minister of the Environment may add a substance to the Watch List when the Ministers have reason to suspect it can become toxic or if they have determined it to be capable of becoming toxic. Adding a substance to the Watch List is one of the measures to be taken following an assessment or review of a substance under section 77 of CEPA. Substances on Schedule 1 of CEPA cannot be added to the Watch List.   

The Minister of the Environment may add a substance to the Watch List:

• when the Ministers propose the addition following an assessment under Part 5 of CEPA; 
• when a review of a decision of another jurisdiction under subsection 75(3) that, in the Ministers’ opinion, is based on scientific considerations and is relevant to Canada indicates that the substance is capable of becoming toxic; or
• based on the evaluation of other information by the Ministers. 

In identifying a substance to be added to the Watch List, the Ministers will consider information such as hazardous properties or the likelihood that an increase in use or change in exposure (route or duration) may increase the risk profile of the substance. These could include:

• the severity or type of effect; 
• disproportionately impacted populations;
• the physical or chemical properties of the substance; 
• the function and use of the substance;
• the environmental fate of the substance;
• the potential for increases or changes in current uses and exposures; or
• the potential for future uses and exposures.

Where possible, the Ministers will include considerations for listing a substance on the Watch List into existing processes.

Substances to be removed from the Watch List

The Minister of the Environment must delete a substance from the Watch List if:

• it is added to Schedule 1 of CEPA, when a substance or class of substances has been determined to be toxic or
• the Ministers no longer have reason to suspect that the substance is capable of becoming toxic. 

Information published with each Watch List addition

When adding a substance to the Watch List, efforts will be made to post additional relevant information that is clear, concise, and searchable. This will include the substance identifier (a Chemical Abstracts Service Reference Number (CAS RN)  or a substance description), the substance name (or class of substance when appropriate), whether it is being added due to potential for human health or environment concerns and any relevant references. 

Watch List table

Administration and communication of the Watch List 

The Watch List will be administered by ECCC. 

Substances will be proposed for addition to the Watch List by the Minister of the Environment at the time of publication of a draft assessment, which would include a public comment period prior to adding the substance on the Watch List. 

Substances will be added to the Watch List by the Minister of the Environment following the existing processes that include: 

• substance assessment or review and recommended measure, as described above in the Identification of Watch List Substances section, 
• posting in the Canada Gazette, Part I (e.g., proposed measure and science summary), and
• publication in the CEPA Registry 

Substances assessed before the Watch List was created may be reviewed for potential addition on the Watch List at a later date.

Communication of amendments

Information about amendments to the Watch List will be communicated using:    

• the CEPA Registry, and
• Government of Canada publications and tools (e.g., Canada Gazette; Latest news about the Chemicals Management Plan; News Release; Backgrounder). 

Examples of follow-up activities for Watch List substances

Adding a substance or class of substances to the Watch List does not impose new requirements or restrictions concerning the substance or class. However, the departments may consider follow-up activities. Examples of follow-up activities include those used to obtain additional information on the uses, hazards, or changes in levels of exposure to the substance, such as:

• Significant New Activity (SNAc) Provisions - The SNAc provisions in CEPA require a person to provide the Government of Canada with information about a substance when proposing to use, import or manufacture the substance for a significant new activity, so that the proposed new activity can be assessed, and risk management action imposed, if necessary.^{Footnote 2}    
• Environmental Monitoring and Biomonitoring - Environmental monitoring and biomonitoring are used to collect data on the presence of substances in wildlife, air, water, or humans to inform potential for exposure. These activities may be used to establish baseline concentrations of chemicals or track trends in concentrations over time.
• Section 71 Notices – Section 71 notices are mandatory information-gathering notices published by the Government to collect scientific data (for example, toxicological studies) or commercial data (for example, substance use and quantities) to monitor commercial activity in Canada.