The Canadian Environmental Protection Act 1999 (CEPA 1999) is the most important chemical control law in Canada. It is a broad act covering a number of subjects, i.e., chemicals, living organisms, marine environment, vehicles, and hazardous wastes. It requires every new substance placed after 1994 to be assessed. It also requires a review and assessment of the substance that were introduced in the Canadian market before 1994.
The Canadian Environmental Protection Act, 1999 (CEPA 1999) specifies that new substances manufactured or imported into Canada above certain thresholds since 1994 must undergo government-led human health and environmental assessments. If a substance is found to have the potential to pose risks to the environment or human health, control measures may be put in place before it is allowed into the Canadian marketplace. If the risks are judged to be too great, or if it is determined that they cannot be adequately managed, the substance may be prohibited in Canada.
Canada’s Domestic Substance List (DSL) forms the basis for distinguishing new substances from the inventory of ‘existing substances’ that were manufactured, imported, or used in Canada on a commercial scale in the mid 1980’s. Substances not on DSL placed in non-DSL list & cannot be manufactured or imported unless information first provided to the government of Canada.
Feb-27-2024
On February 3, 2024, the Canadian government published a draft assessment to restrict the use of six essential oils in personal care products.
A notice summarizing the scientific considerations of the draft assessment for 12 substances was published in the Canada Gazette, Part I (Canada 2024).
The consultation period for the proposed draft assessment and risk assessment is from February 3, 2024, to April 3, 2024.
The Government of Canada is considering the following options to address the health concerns
Health Canada is implementing measures to reduce exposure to certain cosmetic ingredients, such as tarragon oil, jasmine oil, and fragrances, as prohibited or restricted ingredients.
It is also identifying jasmine oil and fragrances in certain Natural Health Products (NHPs) as restricted ingredients in the NHP Database to protect human health.
Regulatory and non-regulatory measures are also being taken to reduce exposure to essential oils in consumer products and promote public awareness.
A risk assessment has been published for the substances in the group of phenylpropanoids and aldehydes listed in the table below.
CAS RN |
Common name |
Proposed conclusion on section 64 criteria |
Follow-up activities |
8006-78-8 |
Bay oil |
Meets one or more of the criteria |
Refer to the risk management scope |
8016-88-4 |
Tarragon oil |
||
8022-96-6 |
Jasmine oil |
||
8024-43-9 |
Perfumes and essences of jasmin |
||
8024-08-6 |
Violet oil |
||
80-54-6 |
Lilial |
||
91-51-0 |
Verdantiol |
Does not meet |
Under consideration |
37677-14-8 |
Myrac-aldehyde |
||
52474-60-9 |
Myrmac-aldehyde |
||
52475-86-2 |
Myrmac-carboxaldehyde |
||
65405-84-7 |
Cetonal |
||
66327-54-6 |
Vernaldehyde |
Conclusion of assessment
The draft assessment suggests that bay oil, tarragon oil, jasmine oil, perfumes, violet oil, and lilial are toxic under CEPA's 64(c) criteria due to potential hazards to human life or health. Other substances such as verdantiol, myrac-aldehyde, myrmac-aldehyde, myrmac-carboxaldehyde, cetonal, and vernaldehyde do not meet these criteria. The 12 substances in the phenylpropanoids and aldehydes group are not harmful to the environment or biological diversity.
Feb-22-2024
This period is dedicated to overhauling the nation’s approach to chemical management and embedding a groundbreaking right to a healthy environment within the Canadian Environmental Protection Act (CEPA). This legislative development sets the stage for a comprehensive update to the existing framework, ensuring that environmental protection measures are both modernized and effective. In February Environment and Climate Change Canada (ECCC) published a list of public consultation opportunities for initiatives that will support a strengthened and modernized CEPA.
Public Engagement and Consultation: Shaping the Future Together
A key component of the modernization process is public consultation. The Government is committed to facilitating public input on a wide range of initiatives to strengthen CEPA. A schedule for these consultations has been outlined, with each session scheduled to last 60 days, subject to adjustment based on the latest information. Efforts will be made to minimize overlapping consultations to ensure that the public can fully engage with each initiative without the burden of simultaneous requests for feedback.
Participating in the Development of a Healthier Environment
The Government invites public participation in the development of a framework for the right to a healthy environment under CEPA. Interested parties are encouraged to review the discussion document and provide their perspectives to help shape the development of the framework. This initiative represents an important step towards the recognition of environmental rights in Canada’s legal framework.
Key Initiatives Underway
- Right to a Healthy Environment: Efforts are underway to formulate a framework that recognizes the right to a healthy environment, a fundamental aspect of the updated CEPA.
- Enhancing Chemicals Management: The government is developing a comprehensive plan that outlines priorities for chemicals management. This plan includes risk assessment, information gathering, research, and strategies to minimize the use of vertebrate animals in testing.
This table summarizes the timeline and focus of upcoming public consultations and provides a clear roadmap for stakeholders to engage in improving Canada's environmental protection:
Initiative |
Timeframe |
Description |
Implementation Framework for a Healthy Environment |
Winter 2024 |
Discussion on the framework to ensure the right to a healthy environment |
Proposed Watch List Approach |
Spring 2024 |
Introduction of a watch list for environmental monitoring |
Chemicals Management Priorities Plan |
Summer 2024 |
Outline of priorities for managing chemical risks |
Strategy for Vertebrate Animal Testing |
Summer/Fall 2024 |
Development of alternatives to vertebrate animal testing |
High-Risk Toxic Substances Regulations |
Winter 2025 |
Discussion on regulating high-risk toxic substances |
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