Beginning in June 2024, the Canadian public will have an important new tool to protect the environment and public health. Under subsection 76(1) of the Canadian Environmental Protection Act, 1999 (CEPA), any person may request that the Ministers of Environment and Health assess a substance to determine whether it meets the criteria outlined in Section 64 of CEPA. This new process, which began in June 2023, is part of Canada's ongoing efforts to increase public participation in environmental safety.

Assessment Criteria

The Ministers may either approve the request, adding the substance to the Plan of Priorities, or deny it. Assessments conducted under CEPA consider scientific information to determine whether the substance:

1. Has or may have an immediate or long-term harmful effect on the environment or its biological diversity.

2. Constitutes or may constitute a danger to the environment on which life depends.

3. Constitutes or may constitute a danger to human life or health in Canada.

If a substance meets the criteria in Section 64, risk management measures may be implemented.

Overview of Public Request Process

Any person may request that the Minister of the Environment and the Minister of Health assess a substance. This includes any substance as defined in Section 3 of CEPA, such as discrete substances, classes or groups of substances, or mixtures/effluents. The substance(s) of concern must be clearly identified, with a rationale for the request provided.

Requests for assessment can be made by completing the request form (available summer 2024) and submitting it by email. There is no deadline for submission. If more information is required, the requestor will be contacted for clarification. Once submitted, the request will be reviewed and the Minister of the Environment will respond within 90 calendar days. The response will include:

• The decision on whether the substance will be added to the Plan of Priorities.

• The reasoning behind the Ministers' decision on the request.

Before Submitting a Request

Before submitting a request, it is recommended to check the following lists to determine whether the substance has already been addressed or is an upcoming priority for assessment:

• Substance Search Tool: Check if the substance is on the DSL or referenced in legislative or regulatory instruments.

• Priority Substances Lists (PSL): PSL1 & PSL2 list substances prioritized under CEPA 1988.

• Status of Substances Prioritized Under the Chemicals Management Plan (2006–2024): Determine if a substance has been addressed under the CMP since 2006.

• Schedule 1 of CEPA: Substances assessed and found to be harmful to human health or the environment.

• Non-statutory List of Substances: Substances assessed as harmful but not included in Schedule 1.

• CMP Risk Management Actions Table: Summary of actions taken on hazardous substances.

• Record of Requests for Assessment: Summary of past requests and their outcomes.

• Plan of Priorities: Substances prioritized for assessment under CEPA (proposed plan to be published in summer 2024 and finalized by June 2025).

Submitting a Request for Assessment

To submit a request, complete the request form (available summer 2024) and send it via email. Requests can be submitted at any time with no deadline. If more information is needed, the requestor will be contacted for clarification. The Minister of the Environment will respond to the request within 90 calendar days with a decision and the reason for the decision.

The Canadian Department of the Environment oversees several regulations under the Canadian Environmental Protection Act, 1999 (CEPA), including the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. These regulations require amendments to align with updated technical standards to ensure that regulated parties can use the latest compliant storage tank equipment.

The Storage Tank Systems Regulations set out requirements for petroleum and allied petroleum storage tank systems under federal jurisdiction. When these regulations were first introduced, they incorporated the technical standards available at the time. However, these standards have since been updated and amendments are required to ensure that the latest compliant equipment can be used. Therefore, a 60-day consultation period has begun on June 8, 2024, to gather feedback from Indigenous peoples, industry stakeholders, and other interested parties on these proposed amendments.

Background

The regulations, implemented in June 2008, aim to prevent soil and groundwater contamination from petroleum storage tank systems on Aboriginal and federal lands. They apply to systems managed by First Nations communities, private companies, and federal entities, and require all equipment to meet certain technical standards. Regular reviews are conducted to ensure that these standards are up to date with industry practices.

Objective

The proposed amendments seek to update references to technical standards in the regulations. This will ensure that regulated parties can acquire and install equipment certified to the most current standards, thereby facilitating compliance and improving safety.

Description

The amendments will revise Section 14 of the Regulations by updating references to 48 technical standards, including those in the Canadian Council of Ministers of the Environment (CCME) Code. For instance, the current standard for overfill protection devices will be replaced with the latest version, ANSI/CAN/UL/ULC 2583. Outdated standards such as CAN/ULC-S660 will be updated to reflect the most recent versions.

Regulatory Development

Consultation: In 2022, the Department reviewed the regulations and engaged with Indigenous peoples, industry stakeholders and other interested parties. Feedback supported updating technical standards and simplifying references to ensure the regulations remain relevant.

Modern Treaty Obligations and Indigenous Engagement: The proposal respects the federal government’s obligations to Indigenous peoples and is consistent  with the rights protected by section 35 of the Constitution Act, 1982, modern treaties and international human rights obligations.

Regulatory Analysis

Benefits and Costs: The amendments will address the compliance gap by updating technical standards and facilitating the acquisition of compliant equipment without additional cost or administrative burden to regulated parties.

Small Business Lens: The analysis shows that the amendments will not impose additional costs on small businesses.

One-for-One Rule: This rule does not apply as the amendments do not introduce any new administrative costs and do not repeal existing regulations.

Regulatory Cooperation and Alignment: The proposed amendments are designed to align with current industry standards without affecting regulatory cooperation agreements.

Implementation, Compliance, and Enforcement

The amendments will come into force upon registration. They do not require an implementation plan and do not impose new compliance and enforcement requirements.