Advancing the Government of Canada’s Chemicals Management Plan

1. Advancing the Government of Canada’s Chemicals Management Plan Commission for Environmental Cooperation: Chemicals Management Forum San Antonio, Texas – May 15th, 2012 Margaret Kenny, Director General Chemicals Sector Directorate Environment Canada

2. The Canadian Environmental Protection Act, 1999 • The Canadian Environmental Protection Act, 1999 (CEPA 1999) provides the legislative authorities to Environment Canada and Health Canada for managing substances that are found to be ‘toxic’ to human health and/or the environment: • Provides authority for a range of risk management tools, beyond traditional regulation (ex. Codes of Practice and Administrative Agreements etc.) • Requires the maintenance and publication of the National Pollutant Release Inventory and the CEPA Environmental Registry • Under Section 64 of CEPA 1999 a substance is considered to be ‘toxic’ if it is entering or may enter the environment in a quantity or concentration or under conditions that: • have or may have an immediate or long-term harmful effect on the environment or its biological diversity; • constitute or may constitute a danger to the environment on which life depends; or • constitute or may constitute a danger in Canada to human life or health • Under CEPA 1999, there are separate authorities for both new and existing substances

3. Existing Substances in Canada • An “existing substance” is one that is or has been used in Canada as a commercial substance or product, or released into the Canadian environment as a single substance, effluent, mixture or contaminant • The Domestic Substances List (DSL) is a list of existing substances that were in Canadian commerce between 1984 – 1986 (~ 23,000 substances) • The DSL is regularly updated to include “new substances” deemed eligible following assessment under the New Substance Notification Regulations • CEPA 1999 prescribed a Categorization exercise, requiring that all 23,000 existing substances on the DSL be prioritized to determine which should be subject to a further screening-level risk assessment under CEPA 1999 • 4,300 existing substances were identified as priorities under Categorization for further risk assessment, and if necessary, risk management actions

4. New Substances in Canada • Any substance that is not listed on the Domestic Substance List is subject to the New Substance Notification Regulations (NSNRs) • The NSNRs ensure that no new substances (chemicals, polymers or animate products of biotechnology) are introduced into the Canadian marketplace before an assessment of whether they are potentially toxic has been completed, and any appropriate or required control measures have been taken • Any company or individual who plans to import or manufacture a substance subject to the NSNR must provide all information prescribed in the regulations prior to manufacture or import to the New Substances Program at Environment Canada • Following receipt of a notification package, a joint assessment process is carried out with Health Canada to determine whether there is a potential for adverse effects associated with the intended use of the substance and the circumstances of its introduction • When this process identifies a new substance that may pose a risk to human health or the environment, CEPA 1999 empowers Environment Canada to intervene prior to or during the earliest stages of its introduction into Canadian commerce

5. Canada’s National Pollutant Release Inventory • The National Pollutant Release Inventory (NPRI) is Canada’s legislated, publically-accessible inventory of pollutant releases (to air, water and land), disposal and transfers for recycling • The NPRI comprises: • Information reported by facilities and published by Environment Canada under the authority of Sections 46 – 50 of CEPA 1999; and • Comprehensive emission summaries and trends for key air pollutants, based on facility-reported data and emission estimates from other sources (ex. agriculture) • For the latest reporting year (2010), over 8400 facilities reported to the NPRI on more than 300 listed substances and emission summaries were compiled for criteria air contaminants (contribute to smog and acid rain etc.) as well as for selected heavy metals and persistent organic pollutants • NPRI data is used extensively in the risk assessment and, if necessary, risk management of existing substances in Canada

6. Canada’s Chemicals Management Plan The Government of Canada launched the Chemicals Management Plan (CMP) in 2006, with the primary objective of protecting human health and the environment from risks of harmful chemicals Jointly delivered by Environment Canada & Health Canada The first phase of the CMP (2006-2011) addressed ~ 1,100 of the 4,300 existing substances identified as priorities by Categorization, including 500 of highest priority

7. Key Achievements to Date Addressed approximately 1,100 existing substances in commerce in Canada: Assessed ~ 200 high priority substances under the Challenge to Industry Initiative Addressed high priority substances included in the Petroleum Stream Sector Approach and released draft assessments for ~ 70 of these complex mixtures Completed pre-market evaluations for over 1,800 “new” chemical substances Assessed 373 older, in use pesticides subject to the Pest Control Products Act Used rapid screening tools to address substances of lower concern Expanded and integrated environmental monitoring programs to provide national coverage and address new priority substances Completed phase one of the information gathering initiative to update the information on 550 Domestic Substance List chemicals Established the Challenge Advisory Panel as a mechanism to solicit advice on precaution and weight of evidence on the CMP Challenge to Industry

8. Key Achievements to Date (Cont’d) Managed risks using the most appropriate legislation: CEPA 1999, the Food and Drugs Act, Pest Control Products Act and the CanadaConsumer Product Safety Act Taken risk management actions to address key sources of exposure for 43 chemicals found to be harmful to human health or the environment, for example: Prohibited the manufacture, import, advertisement and sale of polycarbonate baby bottles made with Bisphenol A Pollution prevention planning notices for Bisphenol A and Hydrazine Implemented new regulations to require labelling for cosmetics to improve information available to inform consumer decisions Contributed to Environmental Emergencies (E2) evaluations and used E2 Regulations to ensure regulated industries develop E2 Plans Consulted on the development of new approaches / instruments to manage the risks posed by chemical substances

9. What CMP has Established: Communication & Stakeholder Outreach Developed the chemical substances website to share information with and facilitate engagement of stakeholders and the public, with ‘Listservs’ implemented to notify affected stakeholders of recent publications Capacity building contracts used to support NGO participation in the CMP process Sector specific government-industry working groups established to strengthen relationships and improve information exchange; Regular calls initiated with Provincial Governments and other Government Departments to provide advanced notice of upcoming initiatives and publications Established the CMP Stakeholder Advisory Council in order to: Provide a forum for stakeholders to inform and advise on the implementation of the CMP; Foster dialogue on issues pertaining to the CMP between stakeholders and Government as well as among different stakeholder groups; and Provide stakeholders with information on activities of the CMP which may be shared with their constituencies or members

10. Addressing Remaining Existing Priority Chemical Substances: CMP II Priorities addressed or being addressed under a previous initiative of CMP: ~ 1100 Remaining priorities to be addressed by 2020: ~ 1650 Remaining priorities included under the Groupings Initiative of CMP II: ~ 500 Likely to be no longer in commerce or eligible for rapid screening: ~1050 (identified from DSL Inventory Update initiatives and other approaches)

11. Taking Action to Protect Canadians and their Environment Assess and risk manage chemical substances of concern: Continue assessment and, if necessary, application of risk management for existing chemicals identified as priorities through Categorization (Grouping Initiative) Continue new substance evaluations under CEPA 1999 NSNRs Generate and use new data and information: Continue to re-evaluate older, current use pesticides under the Pest Control Products Act and manage and risks to human health or the environment as appropriate Reassess food additives, food contaminants and food packaging materials based on CMP priorities under the Food and Drug Act Conduct marketplace sampling and testing on chemicals found in consumer products in Canada under the CanadaConsumer Product Safety Act Work with international partners to identify opportunities for coordinated and collaborative actions or work-sharing on chemicals / issues of mutual interest

12. Ensuring a Strong Science Foundation Continue to leverage / integrate external expertise to advance scientific knowledge Establish a Science Advisory Body for the CMP Continue to measure substances of concern in Canadians and their environment and enhance understanding of their potential impacts: Monitoring and Surveillance • Integrating & augmenting environmental monitoring of chemicals across Canada (various media) • Canadian Health Measures Survey Biomonitoring Program • Surveys of industrial use • Maternal-Infant Research on Environmental Chemicals • Surveillance studies on chemical exposures to vulnerable populations Research • Enhanced research on the impacts of chemicals to humans and the environment Other Other Academic Public Health HC and EC Government Organizations Organizations Institutions Departments (Multiple Programs) (NGOs, Private)

13. Fulfilling Responsibilities of Government and Industry to Reduce Risks Maintain requirement on industry to provide information to inform risk assessment and management activities Undertake further inventory updates of the Domestic Substances List with information from Industry through the use of CEPA 1999 s.71 Notice Use innovative methodology (ex. early stakeholder engagement) to address key information needs Support industry stewardship through strategic risk assessment and risk management actions Conduct certain ‘group’ risk assessments with a focus on risk management substitution to inform industry of safer alternatives Finalize Food and Drug Act “In-Commerce List” of substances and begin prioritization exercise

14. Engaging Stakeholders to Reduce Risks Continue to seek input to inform risk assessment and risk management actions: Engage and partner with manufacturers (ex. Responsible Care Program), importers, retailers and retail associations to better inform supply-chain managers Review the Stakeholder Advisory Council to maintain diverse viewpoints Conduct webinars and workshops to engage with and inform CMP stakeholders Continue improvement of the Chemical Substances website and our use of other communication tools (ex. social media) to educate and support information sharing with stakeholders and the public Effective use of technology is a cost-effective way of keeping stakeholders engaged Use a wide range of tools to collect and disseminate information: E-mail subscription service available to keep stakeholders aware of new information Capture substance information from ‘cradle-to-grave’ by linking NPRI, in-commerce surveys and eco/bio monitoring data and use widely available and understood communication tools (ex. Google Earth) for public dissemination

15. Example of How the National CMP Informs CEC-SMOC: Mercury • In 2010, Canada published the Risk Management Strategy for Mercury, which provides a comprehensive and consolidated description of Canada’s progress on managing risks posed by Mercury • Domestic actions include the proposed Mercury Containing Product Regulations, intended to prohibit the import, manufacture and sale of mercury-containing products in Canada, with some exceptions • Canada has significantly reduced domestic emissions, and the majority of anthropogenic mercury deposition in Canada now originates from foreign (trans-boundary) sources • Therefore, Canada is actively participating in international initiatives to address global mercury issues, including the CEC SMOC – Mercury Taskforce, the United Nations Environment Program (Global mercury partnerships and intergovernmental negotiations for a global legally-binding instrument on Mercury) and the Convention on Long-Range Trans-boundary Air Pollutants – HM’s Protocol • Canada has contributed to the CEC-SMOC mercury activities through actions including: • Exceeding its emission reduction targets (80% in total national emissions 1996-2006); • Compiling national air emission inventories and trends for mercury; and • Monitoring for mercury in air, water and wildlife, and biomonitoring in adults and infants • Of note, Canada has provided training and equipment to Mexico to develop its capacity to: manage mercury containing products in hospitals; conduct market and supply surveys; and, establish a national emission inventory

16. Example of How the National CMP Informs CEC-SMOC: PBDEs • In July 2008, Canada published the PBDE Regulations, which prohibit the manufacture of all PBDEs (tetra-, penta-, hexa-, hepta-, octa-, nona- and decaBDE), including any mixtures, polymers and resins that contain them; and, the use, sale, offer for sale and import of tetra-, pent- and hexaBDE, as well as any mixtures, polymers and resins that contain them • Imports of products containing PBDEs continue to pose a risk to the Canadian environment; therefore additional domestic measures for PBDEs in products are being considered, in addition to extending the existing prohibition regulations to prohibit the use, sale, offer for sale and import of hepta- to decaBDE • Additionally, as PBDEs are persistent organic pollutants, Canada receives considerable deposition of these chemicals from foreign (trans-boundary) sources • Therefore, Canada is contributing internationally on the issue of reducing exposures to PBDEs through initiatives including the CEC SMOC – PBDE Taskforce, the Convention on Long Range Transboundary Air Pollutants and the Stockholm Convention • Canada's most significant contributions to the CEC-SMOC PBDE activities over the past year include providing expertise to a number of studies such as identifying socio-economic implications for the use of PBDEs and other brominated flame retardants and their alternatives • Of note, Canada is also supporting capacity building for Mexico by hosting and providing training on PBDEs sampling techniques for Mexican technicians

17. For Additional Information: Chemical Substances Website: • www.chemicalsubstances.gc.ca Chemical Substances Website Subscription Service: • http://www.chemicalsubstanceschimiques.gc.ca/listserv/index-eng.php Groupings Initiative Information (Launch Announcement, Group Profiles etc.): • http://www.chemicalsubstanceschimiques.gc.ca/group/index-eng.php Stakeholder Identification Form for Groupings Initiative: • http://www.ec.gc.ca/ese-ees/default.asp?lang=En&n=0216C3DB-1 Canadian Environmental Protection Act, 1999 Environmental Registry: • http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=D44ED61E-1 New Substance Notification Regulations / New Substances Program: • http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=AB189605-1