Canada Regulatory News

On June 24, 2023, Environment and Climate Change Canada (ECCC) published a mandatory data call-in for over 850 substances utilized in various products such as cosmetics, paints, and building materials...

On June 24, 2023, Environment and Climate Change Canada (ECCC) published a mandatory data call-in for over 850 substances utilized in various products such as cosmetics, paints, and building materials. The purpose of this data collection is to gather crucial information regarding the commercial status and applications of these substances across Canada. The collected data will play a significant role in future risk assessments, risk management, and other actions within the framework of the Chemicals Management Plan (CMP), as stated in the notice published by the ECCC on June 24.

Companies are required to submit their responses by January 17, 2024. This notice marks the first extensive survey of chemicals conducted under section 71 of the Canadian Environmental Protection Act (CEPA) since the recent reforms to the country's environmental legislation. Another section 71 survey focusing on PFASs is anticipated to be conducted later this year.

The listed substances have been categorized into four parts, each subject to specific reporting requirements:

1. Part consists of nearly 500 substances. The reporting requirements apply to manufacturing, imports, and uses exceeding 100 kg of any substance.

2. Part 2 encompasses approximately 130 substances and reporting is mandatory for quantities equal to or exceeding 1,000 kg.

3. Part 3 comprises 20 substances associated with specific applications. Reporting is necessary for imports or uses above 100 kg.

4. Part 4 covers more than 200 substances. Reporting is required if the substances were manufactured, imported, or used in quantities of 100 kg or more, along with an additional use activity.

Substances falling under parts 1, 2, and 4 necessitate reporting as individual chemicals or if they are present in a mixture or product at a concentration equal to or exceeding 0.1% by weight. Moreover, reporting is mandatory for substances in parts 1, 2, and 4 if they exceed the 0.1% by weight concentration in any manufactured item intended for specific purposes, such as use by children under 14, contact with mucosa (excluding the eyes), inhalation or dermal contact, cookware or utensils for heated food or beverages, food packaging material, reusable food or beverage containers, clothing or footwear, bedding, sleeping bags or towels, furniture, mattresses, cushions or pillows for residential use, residential carpet, vinyl or laminate flooring, or foam under the flooring.

Part 3 substances require reporting when imported or used in volumes above 100 kg either on their own or in mixtures, products, or articles intended for specified applications. These applications include adhesives, paints and paint thinners, automobile care products, furniture, and food packaging.

The information required for the CEPA section 71 survey includes the total quantity in kilograms of the substance(s) manufactured, imported, or used during the calendar year 2022, as well as the functions, uses, and manufacturing facilities associated with the listed substances.

It is important to note that the reporting mandate does not apply to listed substances if they are solely in transit through Canada or if they are contained within products regulated by specific other statutes, such as the Pest Control Products Act or the Fertilizers Act.

Furthermore, the notice includes exceptions for tetrachloroethylene (also known as perchloroethylene or Perc) and trichloroethylene (TCE) when their use would be subject to reporting under other laws, such as for solvent degreasing and dry cleaning.

To find out more about the substance list please click here: https://www.gpcgateway.com/common/downloadable/MQ--/Q2FuYWRh

On June 17, 2023, Health Canada published its proposed Tents Regulations in the Canada Gazette which includes amendments to the Toys Regulations and the Textile Flammability Regulations. The governmen...

On June 17, 2023, Health Canada published its proposed Tents Regulations in the Canada Gazette which includes amendments to the Toys Regulations and the Textile Flammability Regulations. The government is seeking stakeholder comments on these proposals until August 26. 

The purpose of the Tents Regulations is to ensure the safety of individuals in Canada by addressing the risk of injuries and fatalities caused by tent fires. These regulations establish specific requirements for fire-safety labeling and flammability performance of tents. Initially, the regulations incorporated sections of an industry standard that focused on the flammability concerns related to the commonly used tent material at the time of enactment, specifically paraffin-coated cotton canvas. However, these performance requirements are no longer suitable for addressing the flammability hazards associated with the materials currently available in the market. As a result, the existing requirements may hinder the use of tent materials that are actually safe from a risk perspective, leading manufacturers to apply flame-retardant chemicals to comply with the regulations. 

Health Canada is proposing to replace the current flammability and fire-safety labeling requirements in the Tents Regulations with contemporary standards developed by the Canadian General Standards Board (CGSB). The proposed standard, entitled CAN/CGSB-182.1-2020 Flammability and Labelling Requirements for Tents, would provide updated guidelines that align with modern tent materials. Furthermore, Health Canada is suggesting the inclusion of flammability performance and fire-safety labeling requirements for children's play tents in the Toys Regulations. This would allow for separate regulation of play tents not intended for outdoor use, thereby excluding them from the Tents Regulations. Additionally, amendments to the Textile Flammability Regulations are proposed to exclude products covered by the Toys Regulations, streamlining the regulatory framework. 

This regulatory proposal aims to address various issues associated with the current requirements in the Tents Regulations under the Canada Consumer Product Safety Act (CCPSA). These issues include outdated references and methodologies for assessing the flammability performance of modern tent materials, which may lead to a reliance on flame- retardant chemicals for compliance. It is worth noting that the proposed changes do not include a prohibition on flame retardants in conventional tents and certain children's play tents, as previously considered in the 2019 proposal. 

If finalized, the new requirements would take effect immediately upon publication in the Gazette. Sellers would have one year to comply, while manufacturers and importers would have 180 days to ensure compliance.  

On June 17, 2023, the Canadian government put forward proposals to amend the regulations governing formaldehyde emissions from composite wood products. The aim of these proposed amendments is to provi...

On June 17, 2023, the Canadian government put forward proposals to amend the regulations governing formaldehyde emissions from composite wood products. The aim of these proposed amendments is to provide clarity on the requirements for quality control testing and record-keeping. The existing requirements, which came into effect in January 2023, were designed to closely align with the regulations set out by the United States under the Toxic Substances Control Act (TSCA). Interested parties are invited to submit their comments on the proposed amendments by August 31. 

The Formaldehyde Emissions from Composite Wood Products Regulations, which were officially published in the Canada Gazette, Part II, on July 7, 2021, have been in force since January 7, 2023. The primary objective of the Regulations is to mitigate potential health risks associated with indoor formaldehyde exposure for Canadians. The regulations establish specific limits on acceptable formaldehyde emissions from composite wood products. When present in indoor air, formaldehyde can cause irritation of the eyes, nose, and throat. Moreover, evidence suggests that it may worsen asthma symptoms, particularly among children. 

To achieve the desired outcomes, the Regulations prohibit the importation, sale, or offering for sale of composite wood products that exceed the established limits for formaldehyde emissions. These measures aim to align with the provisions outlined in the Toxic Substances Control Act (TSCA) Title VI to the maximum extent possible. This alignment fosters regulatory harmonization and creates a level playing field internationally. 

The proposed amendments include the following: 

1. Removal of the accreditation requirement for laboratories conducting routine quality control formaldehyde emissions testing. 

2. Clarification of record-keeping obligations along the supply chain of composite wood products, with a focus on finished goods. This entails requiring a single manufacturer's declaration confirming the incorporation of certified panels into finished goods. 

3. Adjustment of the notification period for non-compliant lots, extending it from two days to 72 hours. 

4. Alignment with the requirements outlined in the February update to the TSCA formaldehyde emissions regulations in the United States. 

Legislation (S-5) to modernize the Canadian Environmental Protection Act (CEPA) received consent from the Senate and royal assent on 13 June. The provisions of Bill S-5 will come into effect immediate...

Legislation (S-5) to modernize the Canadian Environmental Protection Act (CEPA) received consent from the Senate and royal assent on 13 June. The provisions of Bill S-5 will come into effect immediately and the Canadian government now has two years to announce the specific requirements of the legislation.  

Bill S-5, known as the Strengthening Environmental Protection for a Healthier Canada Act, marks a significant milestone in safeguarding the well-being of both the environment and the Canadian people. The Canadian Environmental Protection Act, 1999 (CEPA), constitutes a fundamental piece of Canada's environmental legislation, aiming to combat pollution and shield the environment and its inhabitants from the detrimental consequences.   

Bill S-5 is the first significant set of amendments to CEPA in over two decades since it came to force in1999. The aims to: 

1. Enhance protection for vulnerable communities that bear the brunt of pollution's impact. 

2. Advance Indigenous reconciliation by explicitly confirming the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, encompassing the principles of free, prior, and informed consent, as well as recognizing the invaluable role of Indigenous knowledge in environmental and health-related decision-making. Moreover, these amendments introduce new reporting requirements. 

3. Mandate the development of a new Plan of Chemicals Management Priorities, strengthen the assessment of cumulative effects resulting from exposure to multiple chemicals, and establish a Watch List to facilitate the transition toward safer alternatives. 

4. Foster the development and adoption of scientifically supported alternative testing methods and strategies, reducing reliance on animal testing in favor of more humane approaches. 

5. Embed an environmental purpose within the Food and Drugs Act (FDA), facilitating the effective management of environmental risks associated with pharmaceuticals and establishing a modernized regulatory framework for drugs within an environmental context. 

The government now has until June 2025 to develop a comprehensive new plan that prioritizes chemicals for risk assessment and potential risk management. This plan will replace the chemicals management plan (CMP) from 2006, which has largely fulfilled its purpose of evaluating over 4,300 chemicals out of the 23,000 currently present in Canadian commerce. 

As per the new legislation, the government also has a two-year timeframe to establish a framework that outlines how it will incorporate the right to a healthy environment into its implementation of CEPA. This framework will encompass important concepts such as environmental justice and intergenerational equity. 

On 19 May 2023, Environment and Climate Change Canada (ECCC) and Health Canada published their draft state of per-and polyfluoroalkyl substances (PFAS) report. The report signifies a significant deve...

On 19 May 2023, Environment and Climate Change Canada (ECCC) and Health Canada published their draft state of per-and polyfluoroalkyl substances (PFAS) report. The report signifies a significant development by the Canadian government in acknowledging the potential risks posed by PFASs to human health and the environment. This collaborative effort between Environment and Climate Change Canada (ECCC) and Health Canada moves the government closer to considering regulatory measures to restrict these persistent compounds. 

Based on the findings outlined in the report, which align with the toxicity criteria specified in section 64 of the Canadian Environmental Protection Act (CEPA), the government intends to recommend adding the group of over 4,700 PFASs as a class to Schedule 1 of CEPA. This schedule lists toxic substances within the country, and if confirmed in the final report, it will pave the way for potential regulatory and non-regulatory controls on the use of PFASs, particularly in firefighting foams. The government also aims to explore avenues for reducing exposure to PFASs from other sources and products, while seeking alignment with actions taken by other jurisdictions. 

The draft report indicates the possibility of future regulatory actions not only targeting PFASs in firefighting foams but also addressing their wide usage in cosmetics, food packaging, and other products. This underscores Canada's commitment to intensifying efforts in addressing PFASs comprehensively. The country already regulates the manufacturing, import, use, and sale of specific PFASs such as perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and long-chain perfluorocarboxylic acids (LC-PFCAs). By adopting a class-based approach, Canada aims to align its actions with those of the United States, including initiatives in Maine, as well as with the European Union's proposal to address a broader range of PFASs. In the accompanying risk management scope, the Canadian government expresses its intent to consider alignment with jurisdictions such as the EU, US, Australia, New Zealand, and others. 

Interested parties have the opportunity to provide comments on the draft report and risk management scope until 19 July. 

On 1 April 2023, the Canadian government announced that they are taking steps to limit the potential risks associated with the use of chlorocresol in cosmetics by proposing an order to add it to the l...

On 1 April 2023, the Canadian government announced that they are taking steps to limit the potential risks associated with the use of chlorocresol in cosmetics by proposing an order to add it to the list of toxic substances. This announcement was published in the Canada Gazette. The proposed order would add chlorocresol to Schedule 1 of the Canadian Environmental Protection Act (CEPA). Stakeholders have until 31 May to provide feedback on the proposed order. After this date any subsequent risk management proposals will be subject to their own consultation process if the order is finalized. 

Chlorocresol is a biocide that is commonly used in cosmetics, non-prescription drugs and health products for skin irritations, and as a lubricant in food processing facilities. It is also registered as an active ingredient in pest control products in Canada. 

According to Health Canada and Environment and Climate Change Canada (ECCC), any potential risk management actions related to chlorocresol will focus primarily on its use in cosmetics, as this is where there is concern for Canadians. In 2019, the agencies released a draft assessment which indicated that chlorocresol, when used in moisturizers and lotions, may have adverse effects on the adrenal glands. The finding was confirmed two years later, prompting the recommendation to add chlorocresol to Schedule 1 and to include it on Canada’s Cosmetic Ingredient Hotlist as a prohibited or restricted substance. 

Environment and Climate Change Canada (ECCC) has published a statement which confirms their plan  to issue a mandatory survey. The objective of this survey is to collect information on certain per- a...

Environment and Climate Change Canada (ECCC) has published a statement which confirms their plan  to issue a mandatory survey. The objective of this survey is to collect information on certain per- and polyfluoroalkyl substances (PFASs). Furthermore , this survey is going to aid the ongoing efforts to evaluate and determine potential future regulatory actions on PFASs, as well as understanding structural analogues and functional alternatives (SAFAs) under the Chemicals Management Plan (CMP).  

The ECCC is authorized under Section 71 of the Canadian Environmental Protection Act (Cepa) to ask manufacturers and importers to provide data, including toxicological tests. The survey will be released after the ‘State of PFAS’ report, which is expected in June, and will not be included in the report.