Canada's Chemicals Management Plan has a closing timeline of 2020 and although it seem far away the question is how will it help or hinder your business in the use of chemicals and what changes MUST you apply in your business?
1. Canada's Chemicals
Management Plan goes way
into 2020 to complete
Yes Canada is talking about the changes to our current Chemical Plan and
Canadian Environmental Protection Act, 1999 (Cepa). The review will address
the many initiatives laid out in the Act, including the Chemicals Management
Plan (CMP). Remember the review is not just hazardous substance but
domestic substances. Canadian municipalities, the provinces and territories,
and the federal government each have roles in protecting against risks from
chemical substances. The federal government makes laws and develops
guidelines and objectives that apply to all of Canada, leads scientific
research on human health and environmental issues, and acts with other
countries to collaborate on the assessment and effective management of
chemicals. While most federal chemicals initiatives are led jointly by
Environment Canada and Health Canada, several other federal departments
and agencies contribute to a range of activities to promote a life cycle
approach to the sound management of chemicals. Canada’s approach strives
to be transparent – and all stakeholders – including industry, academia,
health and environmental organizations, Aboriginal organizations,community
groups, and other nongovernment organizations are given opportunities to
provide input into the implementationof the Chemicals Management Plan.
In Canada the legislation governing the use of chemical substances include:
ƒ The Hazardous Products Act – establishes standards for chemical
classification and hazard communication and the authority to regulate or
prohibit consumer products and workplace chemicals which pose a risk to
their users; ƒ
The Pest Control Products Act – ensures the protection of human health,
safety and the environment by regulating products used for the control of
pests; , ƒ
The Food and Drugs Act – governs foods, drugs, natural health products,
cosmetics and medical devices sold in Canada; ƒ
The Transportation of Dangerous Goods Act – promotes public safety in the
transportation of dangerous goods; ƒ
2. The Fisheries Act – prohibits the deposit of toxic or harmful substances into
fish-frequentedwaters; ƒ
The Canada Labour Code – regulates issues related to OccupationalSafety
and Health; and ƒ various regulations made under these Acts.
One huge aim in big scope of protection and Canadian Lands and People;
which aims to protect human health and the environment through: ƒ setting
priorities and government-imposed administrative timelines for action on
chemicals of concern; ƒ integrating chemicals management activities across
federal departments and choosing the best placed federal statute under
which to take action; ƒ enhancing research, monitoring and surveillance; ƒ
increasing industry stewardship and responsibility for substances; ƒ
collaborating internationally on chemicals assessment and management; and
ƒ communicating to Canadians the potential risks of chemical substances
The Act
CEPA 1999 - Full document in HTML format
CEPA 1999 (Justice Canada Web site)
CEPA, 1999 current to February 6, 2014 (PDF, 1.767 MB)
Bill C-33: An Act to amend the Canadian Environmental Protection Act, 1999
Perfluorooctane Sulfonate Virtual Elimination Act
o Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual
Elimination List
The CMP, a joint initiative of Environment and Climate Change Canada
(ECCC) and Health Canada, assesses risks posed by chemical substances
and living organisms.
The third phase; Chemicals Management Plan (CMP) and are specified on the
Domestic Substances List.
The substances are currently undergoing a public consultation and will
undergo screening assessments.
Those substances of higher health or environmental concern will go on for
further assessment.
The ecological risk classification used data and models to identify
substances warranting further evaluation,and to describe hazard or potency
parameters used, including:
3. mode of action;
chemical reactivity;
internal toxicity thresholds; and
bioavailability.
Potential exposure of organisms in aquatic and terrestrial environments was
characterised based on:
emission rates;
persistence; and
long-range transport in air.
Substances were assigned to low, moderate or high groups of potential
ecological concern based on hazard and exposure classifications.
Accordingly:
40 substances were classified in the high category;
92 as moderate; and
508 substances as low.
These include such proposed actions as:
explicitly allowing the minister to vary any part of a Snac notice – such as
data requirements and timeframes for submission – not just the new
activities;
providing an explicit downstream notification requirement upon publishing of
a Snac notice for a substance on the DSL, similar to that already required for
a substance not on the list; and
expressly providing for the minister to use interim risk management
measures, including conditions and prohibitions, with respect to a significant
new use of a substance being notified.
The Chemistry Industry Association, the Consumer Specialty Products
Association, the Mining Association of Canada and the Canadian Cosmetic,
Toiletry and Fragrance Association. aspects of the CMP, including that the
program:
4. is risk-based, with decisions being made after taking into account both
hazards and likely exposures;
establishes a scientific prioritization process to examine substances of
higher concern first, factoring in hazard characteristics such as persistence,
bioaccumulation and inherent toxicity;
sets “ambitious yet achievable” timelines, and transparently communicates
progress;
has sufficient flexibility under Cepa to tailor program elements to suit the
needs of a specific task at hand and to evolve over time; and
maintains public credibility by placing the responsibility for risk assessment
and risk management on the government, while considering information from
industry groups.
Since 2006, 2006, Canada’s government has:
assessed 2,765 of 4,300 chemicals that were identified as priorities for
attention by 2020;
classified 364 chemicals as harmful to the environment and/or human health;
implemented 81 risk management actions, to date, that address 325 of those
chemicals; and
assessed approximately 4,900 chemicals prior to their introduction into the
Canadian market, and taken action, when necessary, to manage potential
risks to Canadians and their environment.
Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
Canadian
Environme
ntal
Protection
Act, 1999
(CEPA
1999)
Phase 1 and 2
Substances:
Complete draft
screening
assessments of
remaining CMP
Phase 1
(Challenge
Initiative and
the Petroleum
Sector Stream
Approach) and
CMP Phase 2
Approxima
tely 120
These
substances
were
identified as
priorities
under the
CMP to be
assessed by
2020. The
assessments
were initiated
under phase
1 or 2 of the
Publication will
occur in the early
onset of phase 3
of the CMP.
For those
substances
identified for
follow-up
information
gathering actions,
measures will be
proposed after the
5. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
(Groupings
Initiative)
substances and,
as needed,
follow-up
information
gathering or risk
management
actions.
CMP. final assessment
is published.
Phase 3
Substances:
Conduct risk
assessments of
remaining
priorities, and,
as needed,
follow-up
information
gathering or risk
management
actions.
Approxima
tely 1,550
List of
Substance
s in the
next phase
of CMP
(2016-
2020)
These
substances
were
identified as
priorities
under the
CMP Plan to
be assessed
by 2020, or
via the
review
process for
theIdentificat
ion of Risk
Assessment
Priorities:
Results of the
2015 Review.
Assessments will
be published as
indicated in
the Two-year
Rolling Risk
Assessment
Publication Plan.
For those
substances
identified for
follow-up
information
gathering actions,
measures will be
proposed after the
final assessment
is published.
Risk
Management
(RM) of Toxic
Substances:
Continuing
administration
and
Over 600
individual
substance
s
represente
d by 132
listings on
RM actions,
including
instruments
respecting
preventive or
control
actions (per
RM actions for
toxic substances
are to be taken
within 3.5 years of
the final
assessment and
statement that the
6. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
implementation
of over 180 RM
instruments and
continued
development of
new
instruments.
Schedule 1
of the
CEPA 1999
(List of
Toxic
Substance
s)
section 92 of
CEPA 1999),
are applied to
substances
concluded as
toxic, within
the meaning
of section 64
of CEPA
1999.
Consultation
on RM begins
when
substances
are first
proposed to
be concluded
as toxic, and
continues
throughout
the risk
management
cycle.
Minister's propose
that the substance
be added to
Schedule 1 of
CEPA 1999.
RM activities and
engagement
opportunities will
occur on an
ongoing basis
throughout the RM
cycle, and
anticipated
timelines are
provided in
the Two Year
Rolling Risk
Management
Activities and
Consultations
Schedule.
Performance
measurement:
Implement
substance based
performance
measurement
(SBPM) for four
pilot
substances.
Develop SBPM
plans for
4 plans
developed
to date
Additional
substance
s to be
announced
Performance
measurement
is used to
assess
ongoing
relevance,
success and
effectiveness
of the actions
taken to
address the
Ongoing:
Information on
performance
measurement
activities is
provided in
the Two Year
Rolling Risk
Management
Activities and
Consultations
7. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
additional toxic
substances.
Conduct
effectiveness
evaluation for
certain CEPA
instruments.
risk, that is,
have
objectives
been met?
Substance-
based
performance
measurement
is an
initiative that
considers
performance
of all
instruments,
together with
relevant data
or indicators
of exposure
to the
environment
or human
health to
measure
whether
environmenta
l and/or
human health
objectives
are being
met.
Schedule.
Information
Gathering
Activities:
Information
Approxima
tely 1,550
Updated
information
on
substances in
Information is to
be gathered prior
to the start of
assessment in
8. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
gathering
activities
building on the
information
submitted by
stakeholders via
the Domestic
Substances List
(DSL) Inventory
Update in 2012.
Access to
information via
information
sharing
agreements with
domestic and
international
programs.
commerce in
Canada,
volumes and
uses is
required to
support
timely risk
assessment
and risk
management
decisions.
most cases.
Further targeted
information
gathering may
occur after the
start of
assessment.
Information may
be gathered to
inform risk
management
actions as
required.
Inventory
Update:
Inventory
Update (IU) on
existing
substances to
determine
commercial
status
Approxima
tely 1,500
(TBC after
stakeholde
r
consultati
on)
Updated
information
on
substances in
commerce in
Canada,
volumes and
uses is
required to
inform risk
assessment
and risk
management
decisions.
Survey launch
planned for 2016
and cyclical every
4 years.
New
Substances:
Approxima
tely 500
New
Substance
Ongoing.
9. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
Assessment of
new substances
notificatio
ns
assessed
per year;
30 control
measures
developed
per year.
Notifications
are required
for all new
substances
proposed for
introduction
into the
Canadian
marketplace
as per
theNew
Substances
Notification
Regulations u
nder CEPA
1999.
Products of
Biotechnology:
Publication of
draft and final
screening
assessments
ofmicro-
organisms on
the DSL that
were assessed
during the
second phase of
the CMP.
Approxima
tely 16
draft and
21 final
publication
s.
68 organisms
were
identified for
assessment
under section
74 of CEPA
1999, and
assessed
during CMP
Phase 2.
Publication of all
final assessments
by 2017-18.
DSL
Nanomaterials:
Prioritisationof
substances in
commerce
TBD
(dependen
t on
results of
informatio
Prioritization
is needed to
identify
which
substances
Develop and
implement
Government of
Canada approach
and guidance for
10. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
according to
responses to the
section 71
survey.
Screening
assessment of
high priority
nanomaterials
on the DSL.
n
gathering
initiatives,
currently
underway)
should be
assessed for
risks to the
environment
or human
health.
the prioritization
of existing
nanomaterials,
complete
prioritisationby
2018.
Assessments
completed and
published as
required.
Monitoring:
Ongoing monitor
ing of chemicals
in the
environment and
humans.
Varies by
monitoring
activities
and
program
needs; up
to 90
substance
s
measured
in human
biomonitor
ing
studies.
Monitoring
provides
essential
information
used to make
sound and
effective
public health
and
environmenta
l health
policies and
interventions,
and helps to
measure the
effectiveness
of
Government
actions to
limit or
reduce
potential
risks to
humans
Various ongoing
initiatives,
including reports
on Cycle 4 of
theCanadian
Health Measures
Survey (CHMS)in
2017 and Cycle 5
in 2019, and
annual review of
environmental
monitoring
activities based
on program
priorities.
11. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
and/or the
environment.
Research:
Research on
effects,
exposure and
methods and
tool
development.
Varies by
project
and
program
needs.
Research is
needed to
better
understand
the exposure
and effects of
a variety of
chemicals
that were
identified as
priorities
under the
CMP, as well
as to develop
new tools to
efficiently
and
effectively
assess risks.
Complete 3rd cycle
of research
projects by March
2017 and launch
4th cycle of
research projects
in 2017-18.
Environmental
research projects
to be conducted
from 2016 to 2019.
Launch of next
cycle of
environmental
research projects
in 2019-2020.
Compliance and
Enforcement
Depending
on number
of
assessed
and the
resultant
risk
manageme
nt
outcomes.
Compliance
promotion
and
enforcement
activities
ensure that
regulatees
are aware,
understand
and comply
with
regulatory
Ongoing.
12. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
requirements.
Drinking Water:
Guidelines for
Canadian
Drinking Water
Quality.
Approxima
tely 5 per
year (new
or
revised).
These health-
based
guidelines for
existing, new
and emerging
contaminants
that can
impact health
are
developed
through a
Federal-
Provincial-
Territorial
process.
They are
used by all
jurisdictions
in Canada to
establish
drinking
water
requirements
to protect
public health.
Ongoing.
Canada
Consumer
Product
Safety Act
(CCPSA)
Cosmetic
Regulation
Consumer
Products and
Cosmetics:
Continued
surveillance of
consumer
products and
cosmetics
Levels of
substances in
these
products
currently on
the market
are required
to inform risk
Ongoing.
13. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
s under
the Food
and Drugs
Act
(F&DA)
through
analytical
testing of levels
of substances in
these products.
assessment,
and to target
appropriate
risk
management
actions.
Pest
Control
Products
Act (PCPA)
Pesticides:
Initiate re-
evaluations Re-
evaluation of
registered
pesticides.
As
required.
The PCPA
requires a
cyclical
review (15
years) of all
pesticides.
2016 to 2021, or
according to PCPA
timelines.
Pesticides:
Re-evaluation of
older chemicals.
46 older
active
ingredient
s in 1,817
substance
s.
The PCPA
requires that
all pesticides
registered
prior to 1995
be re-
evaluated.
2016 to 2021, or
according to
PMRA published
work plan.
Pesticides:
Initiate special
reviews
(seeRegulatory
Directive: Pest
Management
Regulatory
Agency Re-
evaluation
Program -
program 4).
As
required.
Special
reviews will
be
undertaken
where there
are
reasonable
grounds that
health and
environmenta
l risks or
value of a
pesticide is
Action as
required.
14. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
unacceptable
or when a
member
country of
the
Organization
for Economic
Co-operation
and
Development
prohibits all
uses of an
active
ingredient for
health or
environmenta
l reasons.
Pesticides:
Continue to
monitorpesticide
health and
environmental
incidents and
take action as
needed.
As
required.
Monitoring of
incidents
helps
identification
of trends and
additional
information
to support
the risk
assessment
process and
inform
development
of education
and
prevention
materials.
Action as
required.
15. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
F&DA
Substance
s
Substances in
F&DA Products:
Environmental
assessment
regulations
(EAR) under the
F&DA of
medicinal
ingredients in
human and
animal drugs
that receive a
Drug
Identification
Number (Class 1
substances).
Environmental
Assessment
Regulations
under CEPA
1999 for all
other new F&DA
substances in
F&DA products
(Class 2
substances).
As
required.
These
regulations
will replace
the New
Substance
Notification
Regulations
under CEPA
1999 as they
currently
apply to new
F&DA
substances.
The EAR will
outline data
requirements
and
assessment
timelines for
industry so
that
government
can conduct
risk
assessments
and, as
required,
take risk
management
actions.
EAR for Class 1
substances: Regul
ations in Canada
Gazette, Part I, in
2017;
Development of
guidance and
program
requirements in
2017/18;
Regulations in
Canada Gazette,
Part II, in 2018
EAR for Class 2
substances in
Canada Gazette,
Part I in 2020 and
Part II in 2021
Recommendatio
ns and/or path
forward for
where
improvements
NRI
complement
regulatory
and
legislative
Multi-stakeholder
Consultation
report available
early in FY
2016/17
16. Regulatory
Regime
Planned
Government
Action
Number of
Substances
Rationale for
Action
Timelines
could be made
to Non
Regulatory
Initiatives (NRI)
to reduce the
release of F&DA
substances/prod
ucts into the
environment.
risk
management
measures by
helping to
reduce or
mitigate the
risk posed by
F&DA
substances
entering the
Canadian
environment.
NRI can
achieve this
by targeting
consumer
and industry
actions and
can help
reduce
regulatory
burden to
industry.
Based on
consultation
results a proposed
path forward/work
plan for NRI will
be developed by
the end of 2016.
2017-2021:
Implementationof
work plan
objectives which
could include
support for
development and
implementation of
new or improved
NRI for F&DA
substances/produc
ts, risk
management
recommendations,
education,
guidance and
research.
In Commerce
List:
Assessment of
substances on
the Revised In
Commerce List
(ICL)
Revised
ICL
contains
approxima
tely 3,670
substance
s. Several
hundred
are
The ICL is a
list of
substances
contained in
products that
are regulated
under the
F&DA, but
were in
Complete
assessment of
those substances
identified on the
ICL, for further
consideration
during
prioritization, by