Recently, Canada updated its procedure for public submissions on substance assessments under the 2023 Canadian Environmental Protection Act (CEPA), section 76(1). Now, stakeholders such as importers, manufacturers, and consumers can request evaluations from the Environment and Health Ministers to ensure substances comply with the risk standards in CEPA section 64. These requests may be accepted, placing the substance on a priority list, or declined.
This document details the compliance criteria under Section 64 of the CEPA and explains the submission process for substance assessments.
Section 64 Criteria of the Canadian Environmental Protection Act (CEPA)
Under CEPA, assessments use existing data to determine if substances might enter the environment and:
- Cause immediate or lasting harm to the environment or biodiversity;
- Threaten ecosystems critical for life; or
- Pose risks to human health or safety in Canada.
Substances meeting these criteria will trigger the implementation of risk management strategies.
Pre-Assessment Steps
1. Pre-Application Preparation
Before initiating an assessment request, ensure the substance has been reviewed for future evaluation considerations (contact us for specific URLs):
- Confirm if the substance is recognized in the "Canadian Domestic Substances List" (DSL) or cited in specific regulations.
- Check its status on the Priority Substances Lists (PSL1 & PSL2).
- Review its handling under the Chemicals Management Plan (CMP 2006-2024) for historical and planned treatments. CMP 2006-2024: https://www.canada.ca/en/environment-climate-change/services/evaluating-existing-substances/status-substances-prioritized-cmp.html
- Ensure its listing in Schedule 1 of CEPA, marking substances hazardous to health or the environment. CEPA Schedule 1: https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/substances-list/toxic/schedule-1.html
- Determine if it is on the non-statutory hazardous chemicals list. Non-Statutory List: https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/substances-list/toxic/not-listed-schedule-1.html
2. Submission of Assessment Application
In summer 2024, the Canadian government will introduce an application form with a user guide on its website. Applicants must fill out and email this form to apply.
3. Assessment Application Log
The website will also include a feature to view past application records and outcomes, ensuring transparency and traceability.
4. Review Timeline
Upon receipt of an application, the Ministry of Environment will decide within 90 days whether to include the substance in the Priority Assessment Plan, guiding the implementation of risk management measures. The request may be approved for inclusion or denied.
Past Assessment Documentation
Since June 2023, the Canadian government has approved two of three chemical assessment requests, specifically for the tire additive N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD) and cycloaliphatic acids in tailings ponds. The third request, concerning chemical residues, was denied for lack of sufficient evidence.
