CEPA's Two Latest Updates and Regulatory Actions June 2023

The Canadian Environmental Protection Act (CEPA) is a regulation enacted in Canada to protect the environment and human health from the risks associated with harmful substances. It provides the government with the authority to assess and manage chemicals and other substances in the country.

In the latest update of Canada Gazette, Part I, Volume 157, Number 25, dated June 24, 2023, two important environmental announcements were made in accordance with the Canadian Environmental Protection Act (CEPA) and its regulations.

Firstly, the Minister of the Environment has released the draft Federal Environmental Quality Guidelines for benzene, toluene, ethylbenzene, and xylene (BTEX). These guidelines aim to preserve environmental quality and are based on the authority provided by the CEPA. The draft guidelines are now available on the Canada.ca (Chemical substances) website. The Minister encourages the public to provide their feedback during the 60-day public comment period. Interested individuals can access more information about the scientific considerations underlying the guidelines on the same website. Comments should be submitted in writing, citing the Canada Gazette, Part I, and the publication date of the notice. They can be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment in Gatineau, Quebec. Comments can be submitted via email to substances@ec.gc.ca or through Environment and Climate Change Canada's Single Window online reporting system.

Secondly, the Minister of the Environment has issued a notice under the Chemicals Management Plan (CMP) for the year 2023. This notice requires individuals or entities to provide information related to the toxicity or potential toxicity of substances listed in Schedule 1. The information gathered will assist in assessing the need for control measures and determining how these substances should be regulated. The notice applies to individuals or entities engaged in manufacturing, importing, or using substances in specified quantities. Certain exclusions apply to substances in transit, regulated hazardous waste or recyclable materials, registered pest control products, registered fertilizers or supplements, registered feeds, substances mixed with registered seeds, and substances subject to specific reporting obligations.

The required information includes details about the person or entity, facility information, quantities of substances manufactured, imported, or used, activities involving the substances, and information on goods sold containing the substances. The notice provides provisions for the confidentiality of the information and allows for requests to extend the compliance deadline. The information must be provided by January 17, 2024.