The Canadian Department of Environment and Climate Change (ECCC) and the Health Department (HC) recently announced a new proposal aimed at implementing Section 75.1 of the Canadian Environmental Protection Act (CEPA, 1999 version). The proposal suggests the creation of a "Watch List" of chemical substances, which includes those substances not identified as toxic under CEPA but that possess hazardous properties. This measure is part of the modernization reforms of CEPA to more effectively monitor chemicals that may pose risks to the environment and human health.
Identification and Removal of Substances
The Minister of the Environment may add a substance to the Watch List:
- When the Ministers propose addition to the Watch List following an assessment under Part 5 of CEPA
- When a review of a decision of another jurisdiction under subsection 75(3) that, in the Ministers' opinion, is based on scientific considerations and is relevant to Canada indicates that the substance is capable of becoming toxic; or
- Based on the evaluation of other information by the Ministers
When deciding whether to add a substance to the Watch List, specific considerations may include:
- the severity or type of effect
- the physical or chemical properties of the substance
- the function and use of the substance
- the environmental fate of the substance
- the potential for increases or changes in current uses and exposures; or
- the potential for future uses and exposures
If a substance is listed in Schedule 1 of CEPA or the Minister no longer suspects that the substance may be toxic, it must be removed from the Watch List. The process of adding substances to the Watch List will follow a public consultation procedure.
Follow-up Activities
While adding substances or categories of substances to the Watch List does not introduce new requirements or restrictions, the department may consider follow-up activities in the future, such as conducting environmental and biomonitoring to collect data on the presence of substances in wildlife, air, water, or humans.
Public Comments
The public can submit feedback via email to substances@ec.gc.ca until December 4, 2024. All comments must cite "Proposed Watch List Approach" in the subject line.
Further Information
