Departmental Sustainable Development Strategy: Departmental Website Component of the 2012-2013 Report on Plans and Priorities

Canada's Government is committed to addressing all of the substances that have been identified as being of priority. Under the Canadian Environmental Protection Act, 1999 (CEPA 1999), Environment Canada and Health Canada have identified priorities though the categorization of all substances in commerce, as included on the Domestic Substances List. The assessment and management of substances is addressed through a range of activities best suited to the level of priority, nature and use of the substances, and types of risks they may pose to Canadians or their environment. For example, substances of highest priority have been addressed through a Challenge Initiative, leading to rapid action on substances of greatest concern; substances of likely low risk have been subject to a Rapid Screening process to provide for regulatory certainty and appropriate channelling of government and stakeholder resources; sectoral-based approaches are used for substance relevant to specific industry sectors such as the Petroleum Sector Stream Approach. New initiatives are now underway to address concurrently large groups of similar substance.

To support assessment and management activities, there are research and monitoring activities including updating information on the commercial status of these substances. There is also international collaboration relating to data sharing and shared development of assessment and management approaches.

Depending on the use, release and physical nature of the substance, there could be atmospheric considerations that are relevant to air quality.

Priority-setting, assessment, and related research and monitoring identify substances of concern and the nature of risks that they pose to Canadians and their environment, allowing risk management to focus on implementing appropriate measures for reduction of those risks. As part of this priority setting process, issues related to air quality can be identified.

Performance expectations:

• Close to 1,500 existing commercial substances under the Chemicals Management Plan will be assessed for risk to human health and/or the environment under the second phase of the Chemicals Management Plan (2011–2016); and
• There will be implementation of risk management measures for those substances identified as being of concern to human health or the environment.

Any person who intends to import or manufacture a new substance in Canada must submit a notification to Environment Canada prior to importing or manufacturing the substance. Once the notification is received, Environment Canada and Health Canada are responsible for assessing the substance within the prescribed regulatory timeline, to determine if the proposed uses of the substance could lead to its posing any risk to human health or the environment. One of the considerations when doing risk assessments can be the impacts on air quality.

Actions taken under the New Substances program ensure that new substances are not allowed onto the market if this would result in risks to the environment or human health.

Approximately 500 new substance notifications are processed on an annual basis. Of these 500 assessments, approximately 25 Significant New Activity Notices and 10 Ministerial Conditions are issued annually to restrict use of these substances for other activities, or to mitigate potential risks.

Performance expectations:

• 100% of new substances, intended for manufacture and/or import into Canada, which have been notified by industry to Environment Canada have been assessed within the prescribed regulatory timeline, to determine if the substance is toxic or capable of becoming toxic within the meaning of section 64 of CEPA 1999.

The notice on pollution prevention plans for switches in vehicles was published in Canada Gazette, Part I on December 29, 2007. It required as part of their pollution prevention plans, both vehicle manufacturers and steel mills to consider participating in a national mercury switch management program that requires the collection and recycling of mercury switches. The goal of the Notice is to achieve an annual capture rate of 90% of mercury switches within the first four years of the program.

Mercury P2 Plans and Regulations:
Each person identified in the P2 notice is required to submit schedules requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Mercury Switches in End-of-life Vehicles Processed by Steel Mills. The information submitted in these Schedules will be used to track the participation, implementation and progress, of the proposed program.

Performance expectations:

• A final declaration was submitted in January 2012 and will be used to determine the final mercury switch capture rate. Results will be published in 2012–2013.

Dental Amalgam Regulations:
Best management practices for dental facilities are set out in the Memorandum of Understanding between the Canadian Dental Association and Environment Canada respecting the voluntary implementation of the Canada-wide standard on Mercury for Dental Amalgam Waste. The pollution prevention notice, published in May 2010, indicates that dental facilities that have not implemented best management practices should do so, with the objective of 95% national reduction in mercury release to the environment from dental amalgam waste.

Performance expectations:

• Environment Canada expects that 95% of dental facilities in Canada, using or removing dental amalgams would have best management practices in place for December 2010, at the end of the implementation of the P2 Notice. This target will be evaluated based on the P2 Plan declarations received from dental facilities. A national survey will be conducted to evaluate that level.
• Adoption of P2 concepts by targeted users will also be measured by the number of Schedules reported and waste disposal statistics of collection and disposal of mercury from dental offices to appropriate waste management facilities.

For the substances that are found ‘toxic’ under the Canadian Environmental Protection Act, 1999 (CEPA 1999) and are added to the Schedule 1, a proposed instrument to establish or control actions for managing the substance must be published in Canada Gazette, Part I within two years of the recommendation that the substance be added to Schedule 1. Within 18 months of the Canada Gazette, Part I publication, the final instrument must be published in Canada Gazette, Part II.

Information on the above is available on the Chemical Substances Website and CEPA Environmental Registry.

Under the Chemicals Management Plan, there have been a number of initiatives to assess and manage substances. The Challenge to Industry and other stakeholders was developed to address approximately 200 chemicals identified as high priorities for action due to their potential to cause harm to human health and/or environment. Under the Challenge, 43 substances have met the criteria for addition to Schedule 1 and development of risk management measures.  Those 43 substances will reach their legislated timelines at different times according to the schedule of the Challenge.

The Petroleum Sector Stream Approach (PSSA) is another initiative which will identify substances which meet the criteria for addition to Schedule 1. The PSSA includes approximately 160 petroleum substances, many of which are limited to petroleum sector facility sites.

The Substance Grouping Initiative was launched and will assess an additional 500 substances across 9 categories and will identify those which meet the criteria for addition to Schedule 1.

Performance expectations:

• All substances added to the List of Toxic Substances will have at least one risk management measure in place within the legally mandated timeframes.

Compliance promotion relates to activities that are undertaken to increase the awareness and the understanding of environmental legislation and their related risk management instruments. Through these activities, information is provided on what is required to comply, the benefits of complying with the law as well as the consequences of non-compliance.

The approach to compliance promotion is collaborative and coordinated across the department’s programs and regions and with Enforcement Branch. It is achieved using various tools and approaches such as website postings, letters and emails, brochures, site visits, responses to inquiries and information sessions.

Performance expectations:

• Conduct compliance promotion activities to increase stakeholder awareness for new regulations for substances newly added as of 2010 to the List of Toxic Substances of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

Canada actively participates in the OECD work on sustainable materials management (SMM), through its participation in the Working Party on Resource Productivity and Waste. SMM is a new concept that shifts from the policy focus from waste management to materials management in support of sustainable development.

Canada is also working with the Commission for Environmental Cooperation (CEC) of North America to improve understanding of the transboundary movements (flows) of used and end-of-life computers and monitors in/from North America and enhancing capacities of the e-waste refurbishing and recycling sectors to implement environmentally sound management practices.

In addition, Canada also works collaboratively with the United States and Mexico to support enforcement activity specific to transboundary movements of electronic wastes.

Performance expectations:

• Canada will continue participation in OECD meetings or workshops.
• The production of a report on greenhouse gas mitigation scenarios from material management options in OECD countries, as well as a synthesis report on SMM, concluding the work on SMM since 2005.
• New work will be initiated on nanowaste management and critical materials management.
• Canada’s participation in the work under the CEC will establish a clearer picture of the transboundary movements (flows) of used and end-of-life computers and monitors in/from North America, and will enhance capacities of e-waste refurbishing and recycling sectors to implement environmentally sound management practices.

In October 2009, the Canadian Council of Ministers of the Environment (CCME) approved the Canada-wide Action Plan for Extended Producer Responsibility (EPR) and the Canada-wide Strategy for Sustainable Packaging.

The Canada-wide Action Plan for Extended Producer Responsibility commits jurisdictions to work towards managing a list of product categories included in the plan, such as electronic waste, packaging and household hazardous wastes, through extended producer responsibility (EPR) programs by 2015 (phase one) and 2017 (phase 2). EPR programs assign the responsibility of managing a product or packaging at the end-of-life to manufacturers, importers and/or first sellers, therefore shifting responsibility for waste management from municipalities to industry, and away from taxpayers.

Environment Canada began drafting an Extended Producer Responsibility regulation for mercury-containing lamps in summer 2011. The regulations will require manufacturers and importers of mercury-containing lamps to create or join a recycling stewardship program for lamps.

The Sustainable Packaging Strategy for its part commits jurisdictions to work towards managing packaging waste through EPR programs. The strategy also sets out supporting measures for jurisdictions to encourage the use of sustainable packaging.

See this website for more information.

Performance expectations:

• Environment Canada will continue to support the harmonization of EPR programs across Canada through monitoring, reporting and policy analysis activities.
• The EPR and Product Stewardship Inventory of Programs published by Environment Canada, provides the public with a central place for information on all programs in Canada.
• Advance the development of an instrument related to EPR of mercury-containing lamps, including the publication of the proposed regulations in Gazette I in fall 2012.