Canada Regulatory News

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 (CEP...

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 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.

On June 21, 2024, in Gatineau, Quebec, the Government of Canada marked a significant milestone in its pursuit of environmental justice with the Royal Assent of Bill C-226 - An Act Respecting the Devel...

On June 21, 2024, in Gatineau, Quebec, the Government of Canada marked a significant milestone in its pursuit of environmental justice with the Royal Assent of Bill C-226 - An Act Respecting the Development of a National Strategy to Assess, Prevent and Address Environmental Racism and to Advance Environmental Justice. This legislation represents the government’s commitment to addressing the intertwined issues of race, socio-economic status and environmental risk.

Government Commitment

The Government of Canada’s support for Bill C-226 underscores its commitment to eliminating racial discrimination and promoting a healthier, cleaner and more sustainable environment for all Canadians The Honourable Steven Guilbeault, Minister of Environment and Climate Change, praised the legislation as a critical step towards breaking the cycle and eliminating environmental racism.

Details of the Bill

Bill C-226 mandates the development, within two years, of a national strategy to coordinate national efforts to address and prevent environmental racism and promote environmental justice. This strategy may propose amendments to existing federal laws, policies and programs and will be reviewed every five years.

Public Engagement and Resources

To promote public engagement and transparency, the government has launched the Advancing Environmental Equity online platform. This resource provides Canadians with insights into ongoing initiatives, enabling them to contribute to the development of the national strategy and keeping them informed about environmental justice issues.

Voices of Advocacy

The passage of Bill C-226 was met with widespread acclaim, particularly from those who have witnessed first-hand the harmful effects of environmental injustices. MP Elizabeth May expressed gratitude towards the advocates and community leaders whose tireless efforts have brought this critical issue to the forefront. Lenore Zann celebrated this legislative achievement as a redress for past injustices and emphasized that no Canadian should be disproportionately exposed to environmental hazards.

Supporting Legislation and Future Steps

The bill complements amendments to the Canadian Environmental Protection Act (CEPA), which now formally recognizes the right to a healthy environment as a human right. Looking ahead, the government is working on an implementation framework for these rights, with a draft expected in the fall of 2024.

Conclusion

The Royal Assent of Bill C-226 represents a transformative development in Canadian environmental policy. By addressing the deeply rooted issue of environmental racism, Canada is setting a precedent for integrating justice into environmental governance and ensuring that all communities have a voice in shaping policies that affect their lives and environment.

In a significant move to improve environmental protection and public health, the Canadian government recently updated its regulations on mercury-containing products. These changes, announced on June 1...

In a significant move to improve environmental protection and public health, the Canadian government recently updated its regulations on mercury-containing products. These changes, announced on June 19, 2024, mark a critical step in Canada's ongoing commitment to reduce mercury pollution.

Mercury Regulation and Environmental Protection

Mercury and its compounds are recognized as toxic substances under Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). This classification empowers both the Minister of the Environment and the Minister of Health to develop and implement measures to reduce the risks associated with mercury releases, particularly from man-made sources. Over the years, Canada has actively participated in national and international efforts to minimize the environmental and health risks posed by mercury. These include a range of legislative, regulatory and programmatic strategies at federal, provincial, and territorial levels.

Improved Management Practices

Following the publication of the first mercury regulations in November 2014, Canada published the Code of Practice for the Environmentally Sound Management of End-of-life Lamps Containing Mercury in February 2017. This Code, while voluntary, supports best practices among collectors, transporters, and processors of mercury-containing lamps to prevent environmental contamination. It serves to complement existing provincial and territorial initiatives, particularly in regions with limited access to recycling facilities.

Global Commitments

At the global level, the Minamata Convention on Mercury, a legally binding treaty under the United Nations Environment Program (UNEP), entered into force on August 16, 2017. Canada, a signatory since October 10, 2013 and a ratifying member as of April 7, 2017, is committed to a life-cycle approach to reducing mercury pollution. The treaty emphasizes the elimination or reduction of mercury in various products and industrial processes through best environmental practices and restrictions on mercury trade.

Specific Measures under the Minamata Convention

The Minamata Convention mandates the phase-out of certain mercury-containing products such as certain types of lamps by 2020, with additional requirements introduced in subsequent amendments. In particular amendments were adopted in 2022 and 2023 to accelerate the phase-out of compact fluorescent lamps and other mercury-added products to 2026 and 2027, extending beyond the original deadlines due to specific exemptions granted to Canada.

National Strategy and Legislative Actions

In response to the treaty and ongoing environmental concerns, Canada enacted the National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act in 2017. Developed by the Minister of the Environment, the strategy aims to eliminate mercury pollution from lamps, a significant step that was accomplished in collaboration with all relevant Canadian jurisdictions. The strategy encourages the use of mercury-free products and has seen significant compliance, with more than 103 million lamps recycled since 2018.

Health Considerations and Regulatory Amendments

Health Canada's initiatives include the phase-out of bulk dental amalgam powders, which are known to pose risks of mercury exposure risks to dental professionals, reflecting a broader commitment under the Convention to reduce the use of dental amalgam. The comprehensive amendments to the mercury regulations not only seek to align with the Convention's requirements but also aim to address administrative and practical issues, such as labeling, reporting, and recognition of accreditation bodies.

Key Updates in the Mercury Regulations

The updated regulations, which will take effect on June 19, 2024, make significant changes to control the use of mercury in products and underscore Canada's commitment to the Minamata Convention on Mercury. Key updates  to the regulations include:

• Reduced Mercury Limits: The amendments specifically reduce the permissible mercury content in exempted lamps, such as straight fluorescent lamps used for general lighting, a significant reduction from previous levels.

• Phase-out Deadlines Set: Deadlines have been set for the phase-out of certain mercury-containing products. These include popular types of mercury-containing lamps, with deadlines also set for replacement lamps to ensure a smooth transition.

• Elimination of Exemptions: The update removes exemptions for products that are no longer used in Canada or whose exemption period has expired, streamlining the regulations and ensuring relevance and effectiveness.

• Expanded Scope of Accreditation: The scope of accreditation bodies recognized under the regulations now includes signatories to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, enhancing the credibility and consistency of compliance assessments.

Implementation and Compliance

These amendments officially came into force on June 19, 2024, with full enforcement starting on the first anniversary of their publication in the Canada Gazette, Part II. This timeline provides stakeholders with sufficient time to adapt to the new requirements.

Conclusion of the Updated Regulations

By reducing the mercury content in lamps and prohibiting specific products, the updated regulations will significantly reduce the risk of mercury releases into the environment. These measures not only meet Canada's international obligations under the Minamata Convention but also position Canada as a leader in global mercury reduction efforts. The amendments demonstrate Canada's proactive approach to environmental protection and public health safety, ensuring a sustainable future with reduced mercury exposure.

Canada updates Cosmetic Ingredient Hotlist: Bans Basic Green 4 and restricts three ingredients  On May 17, 2024, Health Canada released its latest update to the Cosmetic Ingredient Hotlist, adding...

Canada updates Cosmetic Ingredient Hotlist: Bans Basic Green 4 and restricts three ingredients 

On May 17, 2024, Health Canada released its latest update to the Cosmetic Ingredient Hotlist, adding Basic Green 4 (also known as malachite green) to the list of prohibited substances due to possible developmental consequences. In addition, the following 3 ingredients were added to list of restricted substances in the update:  

• Benzophenone, maximum concentration up to 3% 

• p-chloro-m-cresol, not allowed in products intended to be applied on or near mucous membranes, such as those in the mouth, nose or eyes; maximum concentration up to 0.1% in other cosmetics. 

• Solvent violet 13, maximum concentration up to 0.3% in cosmetic products other than nail products. 

The previous update to the Hotlist was in August 2022.  

Review and Feedback on Proposed Changes Ongoing 

The current update does not include retinal and thioglycolic acid esters as proposed in July 2023. Health Canada is still reviewing feedback on these substances and is accepting comments on the proposed ban on thioglycolic acid esters and the intention to amend the entries for an additional four compounds until June 7. 

Cosmetic Ingredient Hotlist 

The Food and Drugs Act (FDA) and the Cosmetics Regulations (CR) must be followed in order for a cosmetic product to be sold in Canada. Under Section 16 of the FDA, cosmetics that are produced, imported, or offered for sale in Canada must be safe to use. Health Canada notifies producers and other stakeholders of potential bans or restrictions on certain ingredients used in cosmetics through the Cosmetic Ingredient Hotlist, an administrative mechanism. Hundreds of cosmetic ingredients are currently listed on the hotlist, which consists of two parts, one for ingredients that are prohibited and another for those that are restricted. 

Further Amendments to Cosmetic Ingredient Hotlist Entries  

Health Canada has also modified the Hotlist for 5 additional substances with new restrictions:  

1. The Alpha-hydroxy acids (AHAs) entry was amended to clarify that polyhydroxy acids (PHAs) and bionic acids with alpha-hydroxyl groups and their salts satisfy the chemical definition of AHAs. 

2. The entry for secondary dialkanolamines was amended to encompass secondary alkyl- and alkanolamines and their salts  

3. For hydroquinone the entry was amended to include both compounds p-hydroxyanisole and hydroquinone used in nail products with increased maximum concentration limits and a concentration limit of 0.1% 

4. The entry for p-hydroxyanisole was amended to introduce a concentration limit of 0.1% in nail products that contain both p-hydroxyanisole and hydroquinone. 

5. The talc entry was amended to reduce both genital and chronic inhalation exposure, as well as to broaden warnings about the risks of acute inhalation to all loose powder products. 

On 11 May 2024, the Canadian Department of Environment published a notice proposing amendments to the Domestic Substance List (DSL) and introducing significant new activity (SNAC) notification require...

On 11 May 2024, the Canadian Department of Environment published a notice proposing amendments to the Domestic Substance List (DSL) and introducing significant new activity (SNAC) notification requirements for certain consumer and cosmetic uses of piperazine.

Amendments to be considered following the implementation of the draft:

• Significant New Activity Notification (SNAN): The Order amending the DSL proposes that individuals or corporations undertaking significant new activities with a substance must submit a Significant New Activity Notification (SNAN) at least 90 days before the activity begins.
• Human Health Concerns: The Order aims to address human health concerns by targeting the use of the substance in consumer products and cosmetics, as these are potential sources of direct exposure.
• Notification Requirements: SNAC notification is required for the use of piperazine in the manufacture of consumer products and cosmetics if the concentration of the substance is equal to or greater than 0.1% by weight, and for the import of the substance in consumer products if the total quantity is greater than 10 kg per year.
• Exemptions: An activity is not a SNAC if the substance is a R&D substance, a site-limited intermediate or if the substance or the product containing the substance is only intended for export.

Assessment report

Along with the notice the Department of Environment and the Department of Health have published the piperazine assessment study, which concludes that piperazine has a low risk of environmental impact.

Piperazine does not meet the criteria outlined in paragraphs 64(a) and (b) of CEPA because it does not enter the environment in a quantity or concentrations or under conditions, that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, or that constitute or may constitute a danger to the environment on which life depends.

Comment deadline

The draft Notice draft is open for public comment for the next 60 days, until 10 July 2024.

The Canadian government has announced plans to restrict more than a dozen gas oil and kerosene substances in certain consumer products, citing potential risks to human health. The decision follows a p...

The Canadian government has announced plans to restrict more than a dozen gas oil and kerosene substances in certain consumer products, citing potential risks to human health. The decision follows a provisional determination that 16 substances in the ‘gas oils and kerosenes with uses in products available to consumers’ (GOKUPAC) group meet the toxicity criteria under section 64 of the Canadian Environmental Protection Act (CEPA), according to a draft assessment published on May 4.

 Key Dates

- May 4, 2024: Start of 60-day public comment period on the draft assessment and risk management scope. Notice published in the Canada Gazette, Part I: Vol. 158, No. 18.

- May 2025: Expected release of final assessment and proposed risk management approach.

Background Information

Initially, the 15 substances from the GOKUPAC group were part of a broader assessment involving 42 substances. Additional human health information led to the removal of these 15 substances from the original group. New ecological data also changed the proposed conclusion on environmental effects and determined that these substances are not harmful at the exposure levels considered in the assessment. The current draft assessment focuses on these 15 gas oils and kerosenes and one additional similar substance, CAS RN 64771-72-8.

 Public Comment Period

The public is invited to submit written comments within 60 days of the publication of the notice. Comments should address the proposed actions and the scientific basis for these actions. More scientific details can be found on the Canada.ca (Chemical Substances) website.

 By addressing these potential risks, the Canadian Government aims to improve consumer safety and protect public health from exposure to hazardous chemicals.