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ARCHIVED - Canadian Environmental Protection Act, 1999
- CEPA annual report April 2001 - March 2002

Part 5.  Controlling Toxic Substances

Assessment of Substances on the Priority Substance List

Long Description

CEPA requires the Ministers of the Environment and of Health to identify substances to be assessed to determine whether they pose a significant risk to the health of Canadians or to the environment. There are a number of sections of CEPA 1999 under which substances can be assessed including s. 74, screening assessments; s. 76 priority substance assessment; and s. 75 review of decisions in other jurisdictions.

After an assessment or review is complete, with stakeholder input as needed, an assessment report is prepared, including proposed conclusions regarding toxicity. EC and HC jointly publish a summary of the assessment report and statement of proposed measures in Canada Gazette, Part I (s.77(1)). The public then has 60 days to provide comments on the summary of the assessment report and proposed measures. Revisions, as needed based on comments received, are made to the assessment report, including conclusions regarding toxicity.

If it is proposed to recommend adding the substance to Schedule 1, then a statement indicating the process the Ministers intend to follow in order to develop a control instrument or regulation is published in the Canada Gazette, Part I (s.77(6)). A summary of public comments is also posted on the EC website. If the substance is considered to be toxic, EC has 2 years to publish a proposed control instrument, starting from the date of the final recommendation (s.91(1)).

If a substance is considered to be toxic through this process, or if the Minister is otherwise satisfied that a substance is toxic, then the Minister can recommended to the Governor in Council that the substance be added to the List of Toxic Substances (s.77(9)), and the proposed order is considered by the Privy Council Office (PCO) and the Special Committee of Council (SCC). If approved by the SCC, the proposed order to add the substance to the List of Toxic Substances is published in the Canada Gazette, Part I (s.332(1)). Following a 60 day public comment period (s.332(2)), public comments are considered and final recommendations are made by Ministers. If the Ministers recommend adding the substance to the List of Toxic Substances, then the adding order is submitted to the PCO and SCC for SCC approval. If approved by the SCC, the final order adding the substance to the List of Toxic Substances is published in Canada Gazette, Part II.