Publication
title
Canada's New Chemical Management Plan
DATE
February 13, 2007
EXPERTISE
In December 2006, the federal government introduced Canada's new Chemical Management Plan (the "Plan"), intended to improve the degree of protection in Canada against chemicals that are considered hazardous to the environment and human health. A main component of the Plan is an information gathering and assessment process for approximately 4,000 chemical substances in widespread commercial use. This process will be undertaken with a view to determining whether additional regulation and management of these substances is needed. The goal of the Plan is to complete the information gathering process and conduct further assessment with respect to these chemical substances by 2010. After this initial phase, regulatory measures to control the import, manufacture and use of the substances may be introduced. Companies that import, manufacture or use chemical substances in their business activities should be aware of the Plan as the chemicals they use may be subject to future regulatory restrictions in Canada. The Plan includes a process for industry to participate by providing information on certain substances to the Government during the assessment process. The Canadian Environmental Protection Act, 1999 ("CEPA 1999") is the central piece of Canadian legislation governing the import, manufacture and use of chemical substances in Canada. Its predecessor, the Canadian Environmental Protection Act (introduced in 1988), set up a regime whereby the importation, manufacture or use of new chemical substances in Canada was subject to regulatory assessment to ensure the safety of the new substance and so that risk management measures could be adopted, if necessary. However, at the time this regulatory assessment procedure was adopted, there already existed in Canada approximately 23,000 chemical substances which had not been subject to any prior systematic analysis to determine if they had a negative impact on the environment or human health. These chemicals, known as "existing substances", were compiled on the Domestic Substances List ("DSL") as required by CEPA 1999. CEPA 1999 set a goal for Environment Canada and Health Canada to categorize all 23,000 chemical substances by the fall of 2006. The purpose of the categorization was to identify substances to which people were most likely to be exposed, as well as those which were persistent or bioaccumulative and inherently toxic to humans or the environment. The federal government completed the categorization of the DSL substances in September 2006 and found that 19,000 posed no risk to the environment or human health, but identified approximately 4,000 chemical substances for which further information was required. The chemical substances identified as needing a more thorough examination have been categorized so that those considered to have the greatest potential for harm are examined first. BACKGROUND
GOVERNMENT'S CHALLENGE TO INDUSTRY
Of the 4,000 substances identified as needing further information, approximately 200 are deemed to be high priority based on their potential to harm the environment or human health. With respect to these high-priority substances, the Government has issued a "Challenge to Industry" to provide information to enable early completion of screening assessments and regulatory action.
As part of the Challenge, the Government will be releasing substance profiles for groups of chemical substances every quarter for comment by industry and other stakeholder groups. On February 3, 2007, the Government published the substance profiles for the first group of chemical substances. The profiles can be found on the Government of Canada's Chemical Substances website at http://www.chemicalsubstanceschimiques.gc.ca/en/index.html. The comment period will be open for six months, following which Environment Canada and Health Canada scientists will review the information provided and the Government will then decide what action to take.
Companies that use a chemical identified by the Government as a high-priority substance requiring further information should consider participating in the Challenge to Industry. By providing comments and information you can help ensure that the Government has enough information on a particular substance to make an informed decision with respect to the appropriate treatment of the substance.
OTHER ASPECTS OF THE PLAN
The Chemical Management Plan also calls for:-
regulatory prohibition of 5 chemical substance categories, including certain flame retardants, stain repellents and non-stick coatings;
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restrictions on re-introduction and new use of certain hazardous substances;
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rapid screening of approximately 1,200 chemical substances that met categorization criteria, but are low risk;
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re-evaluation of 200 older pesticides under the Pest Control Products Act;
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mandatory ingredient labelling of cosmetic products; and
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regulations to address environmental risks posed by the disposal of pharmaceutical and personal care products.
The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault LLP or any member of the firm on the points of law discussed.
© Ogilvy Renault LLP 2007 - All Rights Reserved
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Sophie Perreault
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Jean Piette
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Matthew J. Halpin
Ottawa
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Richard J. King
Toronto
416.216.2311
rking@ogilvyrenault.com
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