Canada Regulatory News

On August 10, 2024, the Government of Canada,, announced plans to amend the Domestic Substances List under the Canadian Environmental Protection Act (CEPA) of 1999 by unmasking the identities of 198 s...

On August 10, 2024, the Government of Canada,, announced plans to amend the Domestic Substances List under the Canadian Environmental Protection Act (CEPA) of 1999 by unmasking the identities of 198 substances currently listed under Part 3 with confidential status. The Minister of the Environment intends to make these changes to enhance transparency and accountability in the management of chemicals.

Public Engagement and Comment Period

The proposed order, which includes the currently masked names and confidential accession numbers of these substances, has been released for public comment. Stakeholders and the general public have 60 days from the publication of the notice to provide feedback or raise objections. Those wishing to object to the unmasking must submit an application with a masked name that adheres to the Masked Name Regulations and provide a solid justification based on CEPA guidelines.

Confidentiality Considerations

Parties submitting information under this process may request that their information remain confidential. Any such request must identify the data to be kept confidential and provide a justification consistent with CEPA's confidentiality criteria under subsection 313(2).

Next Steps in the Regulatory Process

Following the public consultation period, the feedback received will be reviewed and considered before the order is finalized. Once finalized, the amendments will be published in the Canada Gazette, Part II, and will officially come into force upon registration. The amendments aim to align with Environment and Climate Change Canada’s 2018 initiative to balance transparency with the protection of confidential business information. This move is part of a broader strategy to ensure a more transparent chemicals management framework in Canada, in line with the amendments introduced by Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, which became law in June 2023.

Summary of the Proposed Changes

The proposed changes will remove 198 substances from Part 3 of the Domestic Substances List and add them to Part 1 under their Chemical Abstracts Service Registry Numbers. These substances have been listed confidentially on the DSL since 2004 or earlier. The changes support Canada's ongoing commitment to increase transparency and public awareness of substances on the Canadian market, while protecting proprietary business information.

On August 10, 2024, Canada announced a new target for per- and polyfluoroalkyl substances (PFAS) in drinking water under the Canadian Environmental Protection Act (CEPA) of 1999,. This action is part ...

On August 10, 2024, Canada announced a new target for per- and polyfluoroalkyl substances (PFAS) in drinking water under the Canadian Environmental Protection Act (CEPA) of 1999,. This action is part of the Government's ongoing efforts to protect public health by addressing contaminants in the water supply.

New PFAS Drinking Water Target

The new target sets a threshold of 30 nanograms per litre (ng/l) for the combined concentration of 25 specified PFASs detected in drinking water. This target aims to keep PFAS concentrations as low as reasonably achievable to minimize potential health risks. The new target replaces previous guidelines specific to perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) and nine screening values for individual PFAS substances.

Background and Development

The objective was developed in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water. It reflects growing concerns about the health impacts of PFAS and takes into account both treatment feasibility and analytical capabilities. In the past, Health Canada has established specific guidelines for PFOS, PFOA, and other PFAS compounds, based on growing scientific evidence of their persistence in the environment and potential health effects.

This initiative is consistent with Canada's broader strategy to address PFAS as a class, following the Government of Canada's Notice of Intent published in April 2021 and the subsequent release of the draft State of PFAS Report in May 2023. This report provided a comprehensive overview of PFAS sources, environmental occurrence, and health risks, and emphasized the need for consistent management of these substances.

Health and Environmental Considerations

PFAS are known for their stability, due to strong carbon-fluorine bonds, that make them resistant to degradation in the environment. They are widely used in a variety of applications, including firefighting foams, textiles, cosmetics, and food packaging. Due to their extensive use, PFAS have been found in water, air, soil, and food, raising concerns about widespread human exposure.

Exposure to certain PFAS has been linked to adverse health effects, including effects on the liver, thyroid, and immune system, as well as developmental effects. Although current scientific understanding of PFAS health impacts continues to evolve, the adoption of a cumulative approach to monitoring and limiting PFAS concentrations in drinking water reflects a precautionary principle approach to protecting public health.

Analytical and Treatment Strategies

The new drinking water target takes into account the capacity to measure and reduce PFAS levels effectively. Municipal water systems can use technologies such as granular activated carbon, reverse osmosis, nanofiltration, and anion exchange to lower PFAS concentrations. For residential water treatment, devices using granular activated carbon or reverse osmosis that meet specific certification standards can help reduce PFAS exposure for households that rely on private wells.

Next Steps and Public Engagement

The implementation of this target is part of an ongoing effort to enhance the regulation of PFAS in Canada. The government encourages continued research and public engagement to refine approaches to PFAS management. The technical document detailing the new target is available for public consultation, ensuring transparency and collaboration in the management these environmental contaminants.

On July 15, 2024, the Canadian Government introduced Order 2024-87-23-01, a significant amendment to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999 (CEPA). Th...

On July 15, 2024, the Canadian Government introduced Order 2024-87-23-01, a significant amendment to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999 (CEPA). This move targets three specific chemicals - oxirane, [(2-propenyloxy)methyl]- (AGE), oxirane, [(2-methylphenoxy)methyl]- (o-CGE), and 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(oxiranylmethyl)- (TGIC) - to prevent potential environmental and public health risks.

Key Details:

• Significant New Activity (SNAc) Requirements: The amendment introduces mandatory notification and review procedures for any significant new activities (SNAs) involving these substances. This will ensure that any potential increase in exposure, particularly from new manufacturing processes or imports, is carefully assessed before proceeding. The requirement applies to activities involving these substances in consumer products or cosmetics above certain concentration thresholds.

• Environmental and Health Protection: As part of the wider Chemicals Management Plan (CMP), these changes aim to reduce the risks associated with these chemicals, particularly when they are introduced into new contexts that could increase exposure levels. The SNAc provisions are designed to preemptively manage risks by mandating that any proposed significant new activity involving these chemicals undergoes rigorous review by environmental and health authorities.

• Current and Future Implications: These substances are currently used in a range of commercial applications, including as resin intermediates and in various consumer products such as adhesives and epoxy coatings. The amendments do not affect ongoing activities where the substances are used within safe limits. However, they are essential to prevent an unregulated increase in their use, which could pose new risks.

• Global Context: The substances in question are not naturally occurring and have known industrial uses both in Canada and internationally, including in the U.S. and Europe. The Canadian government’s proactive measures are in line with international standards and aim to mitigate any potential future risks from increased use of these substances.

• Compliance and Enforcement: Companies wishing to undertake significant new activities involving these substances must submit a Significant New Activity Notification (SNAN) at least 90 days prior to the start of the activity. This will allow the government to conduct a comprehensive risk assessment and, if necessary, impose further risk management measures to protect public health and the environment.

Conclusion:

The amendment to the Domestic Substances List underlines Canada's commitment to protecting both the environment and public health by regulating the use of potentially hazardous substances before they can pose significant risks. This action reflects ongoing efforts under the Chemicals Management Plan to ensure that industrial and commercial activities involving these substances are closely monitored and managed.

The Government of Canada is seeking public input on its latest efforts to tackle pollution from per- and polyfluoroalkyl substances (PFAS), a group of persistent chemicals commonly found in everyday p...

The Government of Canada is seeking public input on its latest efforts to tackle pollution from per- and polyfluoroalkyl substances (PFAS), a group of persistent chemicals commonly found in everyday products. This consultation, open until September 11, 2024, invites Canadians to provide feedback on the updated Draft State of PFAS Report and the revised Risk Management Scope. These documents outline the potential health and environmental risks of PFAS and propose new regulatory measures. This initiative is part of Canada's commitment to using science-based decisions to protect the environment and public health.

Addressing PFAS Pollution

The Government of Canada is committed to ensuring a clean and safe environment for all generations, emphasizing the importance of clean air and water. The Government uses modern tools such as the Canadian Environmental Protection Act, 1999 (CEPA), to tackle pollution across various economic sectors.

Canada is stepping up its efforts to address PFAS, known as "forever chemicals." PFAS are a group of highly persistent man-made substances found in everyday products such as food packaging, cosmetics, non-stick cookware and electronics. These chemicals are widespread around the world, contaminating air, water, soil and living organisms.

Based on the latest scientific data, the government has released an updated Draft State of PFAS Report and a revised Risk Management Scope. The report suggests that PFAS, excluding fluoropolymers, may be harmful to human health and the environment at current levels.

Updated Assessment and Future Actions

The government is proposing a separate assessment for fluoropolymers due to their distinct exposure and hazard profiles. The Ministers of Environment and Health are also considering whether fluoropolymers should be placed on the Watch List under CEPA to guide importers and manufacturers towards safer alternatives. Canadians will be consulted on this process in the near future.

The revised Risk Management Scope introduces a phased approach to regulating PFAS, starting with restrictions on PFAS in firefighting foams and expanding to other uses.

Canada’s Current and Upcoming Actions on PFAS

Canada is one of the first countries to address the entire class of PFAS. The government plans to continue to restrict PFAS in firefighting foams and monitor their levels in humans and the environment. Following the updated Draft State of PFAS Report, an information collection Notice will be issued under CEPA to collect data from those who manufacture, import and use certain PFAS.

The government also plans to publish updated regulations in fall 2024 to further restrict the use of PFOS, PFOA, and LC-PFCAs. Health Canada has released a draft objective for PFAS in drinking water, with the final objective to be published soon.

Efforts to reduce PFAS contamination at federal sites include providing alternative drinking water sources, installing water treatment systems, issuing food consumption advisories, and long-term monitoring.

Quick Facts

• Canada is committed to preventing and minimizing chemical pollution, including PFAS.

• PFAS are widely used in products such as firefighting foams, food packaging, cosmetics and textiles.

• PFAS persist in the environment, leading to continued exposure and potential health risks.

• Potential health effects include effects on the liver, kidney, thyroid, immune system and reproductive health.

• Canada regulates several PFASs under the Prohibition of Certain Toxic Substances Regulations, 2012.

• New measures are being proposed to protect Canadians, including those disproportionately affected by PFAS exposure.

The government is seeking public input to refine risk management strategies and ensure effective, science-based measures to protect health and the environment from PFAS exposure.

On July 12,2024, Environment and Climate Change Canada introduced new Federal Environmental Quality Guidelines (FEQGs) for benzene, toluene, ethylbenzene and xylene (BTEX). These guidelines provide up...

On July 12,2024, Environment and Climate Change Canada introduced new Federal Environmental Quality Guidelines (FEQGs) for benzene, toluene, ethylbenzene and xylene (BTEX). These guidelines provide updated standards for both short-term and long-term exposure levels in freshwater and marine environments, filling a significant gap left by previous interim measures. This initiative reflects the latest scientific knowledge and aims to improve the protection for aquatic life.

Federal Environmental Quality Guidelines

Federal Environmental Quality Guidelines (FEQGs) establish acceptable quality standards for the environment, focusing on the toxicological effects of specific substances. These guidelines have three main functions: to help prevent pollution by setting environmental quality objectives; to assess the significance of chemical concentrations in the environment (in water, sediment, soil, and biological tissues); and to measure the effectiveness of risk management measures. While the use of FEQGs is voluntary unless mandated by permits or regulations, they are critical to maintaining environmental standards. Developed under the Canadian Environmental Protection Act, 1999 (CEPA), FEQGs support the risk assessment and management of priority chemicals identified in the Chemicals Management Plan (CMP) or other federal initiatives.

FEQG Development and Implementation

FEQGs are formulated according to the protocols of the Canadian Council of Ministers of the Environment (CCME), where data permit. They are developed to meet federal needs, especially when existing CCME guidelines are outdated or not expected to be updated soon. Detailed information can be found on the Federal Environmental Quality Guidelines (FEQG) page.

Federal Water Quality Guidelines for BTEX

The table below presents the Federal Water Quality Guidelines (FWQGs) for the protection of aquatic life from benzene, toluene, ethylbenzene and xylene (BTEX) in both freshwater and marine environments. Notably, there were no pre-existing FWQGs for BTEX, although interim CCME guidelines existed for benzene, toluene and ethylbenzene, developed under a now obsolete protocol.

Substance Identity and Characteristics

BTEX, a group of monoaromatic hydrocarbons, includes benzene (C6H6), toluene (C7H8), ethylbenzene (C8H10) and xylene (C8H10). Xylene with its three isomers (o-xylene, m-xylene, p-xylene) is included in the toxicity dataset as a composite. BTEX compounds are flammable, colourless liquids found in crude oil and petroleum products. They are volatile organic compounds (VOCs) that evaporate readily due to their high vapour pressure. Benzene is listed separately as toxic under CEPA, while toluene, ethylbenzene, and xylene are included in the general listing of VOCs.

Sources and Uses

In Canada, there are both natural and anthropogenic sources of BTEX. Natural sources include coal, volcanic emissions and forest fires. Anthropogenic sources include emissions from petrochemical and coal power plants, contaminated sites, landfills and industrial activities. BTEX is widely used in oil and natural gas operations and is found in crude oil, oil sands and various gasoline products. Benzene is a precursor in the production of chemicals like ethylbenzene, cumene and cyclohexane and is used in the manufacture of  detergents, drugs, and pesticides. Toluene is used in chemical synthesis and as a solvent in products such as adhesives and paint thinners. Ethylbenzene primarily produces styrene and is used in consumer products like adhesives and coatings. Xylene is used as a solvent in cleaning agents and varnishes.

On June 20, 2024, Canada’s Competition Act has been updated with new provisions specifically targeting greenwashing. These amendments require businesses to provide testing or substantiation for cert...

On June 20, 2024, Canada’s Competition Act has been updated with new provisions specifically targeting greenwashing. These amendments require businesses to provide testing or substantiation for certain environmental claims to ensure that they are evidence based.

The Competition Bureau launched a public consultation regarding these new greenwashing provisions on July 22, 2024. The consultation aims to gather input that will help shape the Bureau's future enforcement guidance on environmental claims. The Bureau's commitment to transparency and predictability is evident in its approach to involve Canadians in the process of developing enforcement guidance for these significant amendments.

The Bureau is seeking a broad range of perspectives and will carefully consider all feedback received. Interested parties are encouraged to submit their comments by September 27, 2024.
 

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 Alli...

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.