Implementing the modernized Canadian Environmental Protection Act: proposed Watch List Approach

Purpose

The purpose of this document is to seek feedback on the Government of Canada's proposed approach for implementing section 75.1 of the Canadian Environmental Protection Act, 1999 (CEPA).

Context

On June 13, 2023, the Governor General granted Royal Assent to Bill S-5, the Strengthening the Environmental Protection for a Healthier Canada Act (now SC 2023, ch. 12), amending CEPA and other federal legislation. 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 to CEPA cannot appear on the Watch List.

Proposed Watch List Approach

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

The Watch List will include a list of 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 would not supersede or modify any Act, regulation or legal obligation.

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 is capable of becoming toxic or if they have determined it to be capable of becoming toxic. Adding a substance to the Watch List is 1 of the measures following an assessment or review of a substance under subsection 77(2) of CEPA.

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

• When the Ministers propose addition to the Watch List 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 may consider information including 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. For instance, these considerations could include:

• the severity or type of effect
• 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

The addition of a substance to the Watch List will follow a public consultation process.

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 the Act, 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 information that is clear, concise, and searchable, to explain the reason for its addition. The additional information will include the substance identifier [a Chemical Abstracts Service Reference Number^{Footnote 2} (CAS RN) or a substance description], the substance name (or class of substance when appropriate), the area of concern and reference.

A comprehensive list of substances where the Significant New Activity (SNAc) provisions under CEPA have been applied can be found using the SNAc publications list.

Administration and communication of the Watch List

The Watch List will be administered by ECCC.

Substances will be added to the Watch List by the Minister of the Environment following the existing processes for public consultation, and publication of a final recommendation under CEPA (for example, draft assessment, final assessment, jurisdictional recommendation), by the Ministers indicating the substance meets the criteria for addition. This will be communicated to stakeholders and the public through existing mechanisms (for example, Canada Gazette, CEPA Registry, Chemical Substances web pages, mailing lists).

Substances that ECCC and HC assessed before the Watch List comes into effect may be reviewed for potential addition on the Watch List.

Communication of amendments

Information about the Watch List will be communicated using:

• the CEPA Registry, and
• Government of Canada publications and tools (for example, 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 in the future. 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 proposed new activity can be assessed, and risk management action imposed, if necessary.
• 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 a mandatory information-gathering notices are 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.

Public comments

The publication of this document is followed by a 60-day public comment period, providing an opportunity for the public to provide feedback on the Approach. All comments submitted must cite "Proposed Watch List Approach" in the subject line.

You are invited to submit your comments by December 4, 2024 to:

By mail:

Chemicals Management Division,
Environment and Climate Change Canada,
Gatineau, Quebec K1A 0H3

By email: substances@ec.gc.ca