Risk management of chemical substances
What is Risk Management?
The Government of Canada is committed to protecting Canadians and their environment from chemical substances that could be harmful. The Chemicals Management Plan (CMP) is a Government of Canada initiative aimed at reducing the risks posed by chemical substances to Canadians and their environment.
With proper use, storage and disposal, most chemical substances pose minimal risk. However, some chemical substances manufactured or used under certain conditions can lead to exposure that has harmful short- and/or long-term effects. Risk management of chemical substances involves preventing or controlling the conditions that may cause harm, such as: the use of a chemical substance, the way it is made, how it is disposed of, and/or the amount or concentration that is released to the environment.
Risks to the environment and/or human health are determined through the risk assessment process. Once it has been decided that a chemical substance poses a risk, risk managers figure out how best to minimize or eliminate the risk to help protect the public and the environment. To do this, the risk manager must understand how the chemical substance is created, used, who uses it and how it reaches the environment or people. Risk management instruments are then identified, developed and put into action to help prevent, reduce or eliminate that risk.
If a risk management instrument has been in place for some time and the government is not satisfied that the risk has been sufficiently prevented or reduced, it can take further action.
The government is committed to implementing pollution prevention as a national goal and as the priority approach to environmental protection. Pollution prevention is about preventing the creation of waste at the source rather than cleaning it up after it has been produced. Minimizing or avoiding the creation of pollutants and wastes can be more effective in protecting the environment and less costly than treating them, or cleaning them up after they have been created.
Managing Risks of Chemical Substances under the Canadian Environmental Protection Act, 1999
The Canadian Environmental Protection Act, 1999 (CEPA 1999) defines "toxic" substances in section 64 as those that enter or may enter the environment at levels or conditions that:
- have or may have a harmful effect on the environment;
- are or could be dangerous to the environment that life depends on; or
- are or could be dangerous to human life or health.
The figure depicts the CEPA management process or cycle, as it is known, made up of five integrated components: a hub of information exchange through stakeholder engagement and outreach in the middle that links to the other four components. These four interconnected components link in a circle: Risk Assessment, Risk Management, Compliance and Enforcement, and Research and Monitoring.
These chemical substances are referred to as "CEPA-toxic". These are the chemical substances for which risk management actions generally are implemented, in order to help prevent and control risks and protect human health and the environment. Before the government can take action on these chemical substances under CEPA 1999, they have to be added to the List of Toxic Substances. In special cases, some chemical substances, which have been assessed and concluded to meet one or more of the criteria under section 64, have not been added to the List of Toxic Substances. These chemical substances are included on the Non-Statutory List.
Risk Management Instruments
Preventing or controlling risks is done by selecting and applying instruments that are most likely to achieve environmental and/or human health objectives. A variety of voluntary and mandatory instruments are used to manage risks posed by chemical substances. This range of options allows risk managers to use flexible, adaptable and phased approaches when dealing with harmful chemical substances in an integrated global market.
Under CEPA 1999, instruments are chosen based on a number of environmental, health, economic and social considerations, while risk managers also consider existing federal laws and programs, laws in provinces and territories, and sometimes those made in other countries.
Some examples of risk management instruments are:
These risk management tools may be used to control various aspects of the life cycle of a CEPA-toxic substance from the design and development stage to its manufacture, use, handling, storage, import, export, transport and ultimate disposal. For most chemical substances, CEPA 1999 also requires that risk management tools be developed and applied within strict timelines.
The Government of Canada also has access to risk management tools outside of CEPA 1999 that can address CEPA-toxic or other chemical substances. Actions can be taken to develop instruments under other Acts, such as the Canada Consumer Product Safety Act (CCPSA), the Pest Control Products Act (PCPA) and the Food and Drugs Act (FDA). When making risk management decisions, consideration is given to which Act is best placed to manage the identified risks. Some examples of non-CEPA tools are to commit participating sectors or companies to specific challenges or performance levels:
Before making decisions on what risk management instruments are the most appropriate to manage the risks, the objectives that should be achieved in order to protect Canadians and their environment are established.
Environmental and human health objectives are statements that describe what should be done to address environmental and human health concerns related to a chemical substance or group of chemical substances. These can be qualitative (for example, reduce exposures to the general population) or quantitative (for example, achieve a level of 5 micrograms/L in surface water). Once human health or environmental objectives are decided upon, risk management objectives are established.
Risk management objectives are goals or targets that describe the expected results. These results would be achieved through the implementation of a risk management instrument. Risk management objectives may be described in quantitative terms such as a performance standard, release limit, product content limit, percent reduction or more qualitative terms such as "lowest achievable levels". Risk management objectives are developed to contribute to the achievement of, or progress towards an environmental or human health objective.
Risk Management Decision Making - How to Choose the Best Instrument(s) to Control the Risk
To identify the best suited risk management instruments (mandatory or voluntary), risk managers follow a consistent and systematic approach. Through the instrument choice process, risk managers identify what instrument or mix of instruments are best suited to help achieve the risk management objectives on a sustained basis. The process takes into consideration the effectiveness and efficiency of the different risk management instruments, available information on the chemical substance and its sources of risk, and process guidance such as the Government of Canada's Cabinet Directive on Regulatory Management.
Engaging in Risk Management
Consulting with interested and implicated stakeholders is an important element for the development and design of risk management instruments. The public and stakeholders are first engaged when a chemical substance is assessed and proposed to be concluded as harmful to human health or the environment (that is, CEPA-toxic). Risk management scope documents are published at the same time as draft screening assessments and outline the Government of Canada's early thinking on risk management. If the final screening assessment maintains the toxic conclusion, the risk management approach document is published and outlines in more detail the Government of Canada's plan for risk management. Both the draft screening assessment and the risk management approach provide an opportunity for stakeholders to provide feedback and information to inform the path forward. Consultations continue throughout risk management tool development, implementation. Stakeholder input on information gaps, technical considerations and socio-economic impacts can help inform the decisions made to manage risks for a CEPA-toxic substance. Information on consultation opportunities is available in the CMP's Two Year Rolling Risk Management Activities and Consultations Schedule and the CEPA Environmental Registry.
Managing Risks in a Global Context
Sometimes taking action in Canada isn't enough to manage risks that originate outside our borders. Some chemical substances used in other countries can travel long distances through the air and end up in the Canadian environment, such as mercury and persistent organic pollutants. Canada is an active participant in international efforts toward the sound management of substances and waste. Canada's participation in global agreements on substances and waste aims to protect the health of Canadians and their environment, influence global priorities, and provide Canadian expertise based on our own domestic substances management experience.
View more information on the Compendium of Canada's Engagement in International Environmental Agreements (2015).
Compliance with Risk Management Instruments
Compliance means meeting specific requirements set in a risk management instrument and is secured through two types of activity: promotion and enforcement.
Promoting compliance contributes to the awareness and understanding of regulated communities of their obligations to comply with risk management instruments. Promotion includes products (factsheets, brochures, posters, guides, videos, social media messages, etc.) and activities (presentations at information sessions, tradeshows, workshops, meetings, responses to inquiries, etc.). Increasing the voluntary compliance of regulatees reduces the number of enforcement actions needed.
Environment and Climate Change Canada's Compliance and Enforcement Policy for CEPA 1999 will be applied when enforcement staff suspects non-compliance with a risk management instrument. This policy sets out the range of possible responses to alleged violations, including warnings, directions in case of release, environmental protection compliance orders, ticketing, ministerial orders, injunctions, prosecution and environmental protection alternative measures (which are an alternative to a court prosecution after the laying of charges for a CEPA 1999 violation). In addition, the policy explains when the Department of Environment and Climate Change will resort to civil suits by the Crown for cost recovery.
Measuring Our Performance
Performance measurement evaluates the ongoing relevance, success and effectiveness of the actions taken to manage risks from CEPA-toxic substances (that is, have human health and environmental objectives been met?).
Substance-based performance measurement considers performance of all final risk management instruments applied to a chemical substance and relevant data or indicators of exposure to the environment or human health.
Instrument-based performance measurement evaluates the effectiveness of an individual instrument in meeting the specific risk management objectives that were set out when the risk management tool was designed. The results of performance measurement will help determine if additional risk management or assessment is needed.
View more information on Pollution Prevention Planning Notices and Results.
Making Information Available
The Government of Canada works with stakeholders such as the general public and industry, in addition to indigenous health and environmental communities to help make sure decisions made on risk management are understood, and that the process used is transparent.
Information on actions the Government of Canada takes to manage risks is made available through the Canada Gazette and other government Web sites, such as the CEPA Environmental Registry. See the Chemicals Management Plan and the Risk Management Action Milestones for Challenge Substances listed on this web site. The Two Year Risk Management Activities and Consultations Schedule presents a summary of risk management activities scheduled to occur during the next two years under the CMP, including opportunities for stakeholder consultations and engagement.
- The Toxic Substances Management Process
An information source about the approach taken to develop management tools for substances found toxic under CEPA 1999 (source: Environment and Climate Change Canada).
- Toxic Substances Management Policy
The federal Toxic Substances Management Policy puts forward a preventive and precautionary approach to deal with substances that enter the environment and could harm the environment or human health. (source: Environment and Climate Change Canada).
- Toxic Substances List (Schedule 1 - List of Toxic Substances)
A list of substances that have been found to meet at least one of the criteria set out in section 64 of CEPA 1999 (source: Environment and Climate Change Canada).
- Non-Statutory List
A list of substances that have been found to meet at least one of the criteria set out in section 64 of CEPA 1999, but that have not been added to Schedule 1 of the Act (source: Environment and Climate Change Canada).
- Sources (Toxic Substances in Canada)
A list of toxic substances managed under CEPA 1999 that are organized according to their sources (source: Environment and Climate Change Canada).
- Environmental Protection Alternative Measures (EPAMs)
A look at the Environmental Protection Alternative Measures that provide an alternative to legal prosecution in cases of CEPA 1999 violations (source: Environment and Climate Change Canada).
- National Pollutant Release Inventory (NPRI)
A collection of information about releases and transfers of key pollutants across Canada (source: Environment and Climate Change Canada).
- Pollution Prevention Planning
An information resource for pollution prevention planning under CEPA 1999, and access to the Pollution Prevention Planning Database (source: Environment and Climate Change Canada).
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