Canadian Environmental Protection Act, 1999 Annual Report for April 2012 to March 2013

2 Addressing Key Risks

2.1 Toxic Substances Harmful to Human Health or the Environment

Part 5 of CEPA 1999 includes specific provisions for data collection, assessment and management for controlling toxic substances. Part of this included a requirement for the government to sort through, or “categorize,” the substances on the Domestic Substances List. The categorization process identified substances that:

• were suspected to be inherently toxic to humans or to the environment, and are persistent (take a very long time to break down) or bioaccumulative (collect in living organisms and end up in the food chain); or
• present the greatest potential for exposure to Canadians.

The Chemicals Management Plan (CMP) is a program to protect Canadians and their environment from exposure to harmful chemicals. It includes a number of activities for which the obligations or authorities are spread throughout CEPA 1999. The Chemical Substances website provides more information on activities related to the CMP.

Under the CMP, the government conducts pre-market assessments of health and environmental effects of all new substances to Canada--approximately 500 per year. The CMP also provides one of the most comprehensive approaches in the world to assessing risks from the tens of thousands of substances that were in use before these new substance requirements were in place. Under CEPA 1999, the government performed a triage exercise on the approximately 23 000 such “existing substances.” That categorization process identified approximately 4300 substances for more detailed assessment.

A key goal of the CMP is to assess and manage as appropriate, all 4300 of these existing substances by 2020. Approximately 1100 chemicals were assessed, and where required, risk management was initiated during the first phase of the CMP in 2006–2011. In October 2011, the government renewed its commitment to pursue the CMP for 5 years. Now in its second phase, the CMP involves the continued assessment and management of the potential ecological and health risks associated with approximately 1500 substances by 2016.

This second phase builds on successes and lessons learned from the first phase of the CMP. Key elements of the second phase of the CMP include:

• completing assessments of approximately 500 substances across 9 groupings; these groupings represent substances that have been grouped based on shared similar characteristics (such as structural or functional similarities);
• investing in additional research on key substances like bisphenol A, flame retardants and substances that affect hormone function;
• addressing approximately 1000 additional substances in the 2011–2016 period through other initiatives, including rapid screening of substances and the polymers approach;
• updating the commercial use information of substances through mandatory reporting to inform risk assessment and risk management activities, notably the Domestic Substances List Inventory Update; and
• continuing the assessment and management (where required) of priority substances identified through the first phase of the CMP (e.g., petroleum sector stream substances and the Challenge).

Top of page

Monitoring, Research, Information Gathering and Risk Assessment Activities

Monitoring

Monitoring and surveillance activities are essential to identify and track chemicals in the environment and human exposure to those chemicals.

In 2012–2013, a broad range of chemical monitoring activities were undertaken in support of the CMP, the Northern Contaminants Program, the Great Lakes Surveillance Program, the Great Lakes Water Quality Agreement, the Joint Canada–Alberta Oil Sands Monitoring Program, the Great Lakes Herring Gull Contaminants Monitoring Program, as well as the United Nations Environment Programme Stockholm Convention on Persistent Organic Pollutants and the United Nations Economic Commission for Europe Convention on Long-range Transboundary Air Pollution.

Environment Canada monitoring activities focused on chemicals of concern and emerging chemicals in air and precipitation, including persistent organic pollutants and CMP priority chemicals. Health Canada monitoring activities focused on human exposure to contaminants.

In addition to data collection and reporting on a range of chemicals, monitoring efforts in 2012–2013 also included upgrades to monitoring technologies and establishing new sampling techniques and methodologies to detect trace contaminants in the environment.

Research

Research conducted under CEPA 1999, in support of chemical risk assessments, focuses on emerging environmental and human contaminants. The research is used to fill data gaps in risk assessments; evaluate the impact of toxic substances and other substances of concern on the environment and human health; determine the extent of ecological and human health exposure to contaminants; and provide specialized sampling and analytical techniques used in future monitoring, and in compliance promotion and enforcement.

Health Canada continues to undertake research and assessments to support the development of regulations, guidelines and air quality objectives with a goal of reducing population exposures to pollutants and improving human health.

Research was carried out under a number of programs, including the CMP, the Northern Contaminants Program, the Strategic Technology Applications of Genomics in the Environment Program and the Great Lakes Action Plan.

During 2012–2013, research was initiated on a number of subjects, including the impacts of climate change on mercury cycling in Arctic aquatic ecosystems, the impacts of phthalates on genetic mutations in amphibians and developing time trends for priority chemicals (i.e., flame retardants and polychlorinated naphthalene).

Ongoing research continued on the exposure and toxicity of CMP priority chemicals such as endocrine-disrupting compounds, trace metals, aromatic azo and benzidine substances, flame retardants and nanomaterials.

A number of research projects were completed in 2012–2013. Many of these reports have been or are in the process of being published in peer-reviewed scientific journals. Research subjects include:

• pharmaceutical and personal care products: bioaccumulation and toxicity; occurrence and fate in wastewater treatment systems and effluents;
• flame retardants: debromination, validation of egg-injection method; occurrence in avian species eggs; in ovo effects; presence in house dust; maternal transfer to eggs in avian species; avian cytotoxicity and mRNA expression; investigating organochlorine pesticides and polybrominated diphenyl ethers and alternative flame retardants to understand global loadings from long-range transport;
• siloxanes: bioaccumulation and toxicity; cyclic volatile methyl siloxanes; validation of a method for estimating chemical persistence in air; determination in water, sediment, soil, biota and biosolid; concentrations in biosolid amended soil, influent, effluent, receiving water and sediment of wastewater treatment plants; detection, occurrence and fate; analysis in waste-to-energy landfill biogases; fathead minnow egg-to-juvenile exposure; and ecotoxicity in soil;
• persistent organic pollutants: impact on gene expression; levels of different persistent organic pollutants in humans; effects of dioxin-like compounds; atmospheric measurements using improved tools and techniques;
• perfluorinated compounds: genetic impact of exposure; characterization; guidance on passive and active air sampling methods; a new model of gas-particle partitioning for ionizable chemicals that depend on atmospheric pH.

Other subjects researched include drugs used in finfish aquaculture; antimicrobial resistance; methoxylated polybrominated diphenoxybenzenes; phytotoxicity of vanadium pentoxide; emerging metabolites of CMP priority pollutants in humans; biomonitoring analytes; volatile organic compounds in residences; trace metals in air; levels of metals in polar bears; rare earth elements; priority organic chemicals; and exotoxicity of xanthenes dyes and non-chlorinated bisphenol (binox).

Information Gathering and Risk Assessment

Environment Canada and Health Canada continued to gather information and assess the potential ecological and health risks from the remaining high-priority substances of the first phase of the CMP: the Challenge and the CMP Petroleum Sector Stream Approach.

The Challenge

Through the Challenge program of the CMP, the government committed to addressing the 200 highest-priority substances. These 200 substances were divided into 12 smaller groups or “batches” that were addressed sequentially. Each batch of substances in the Challenge progressed through various information gathering, screening assessment, risk management, and compliance promotion and enforcement (where appropriate) stages. To date, 42 of these substances have been found to meet one or more of the criteria in section 64 of CEPA 1999. During the 2012–2013 period, risk assessment and risk management work was ongoing to complete the last batch for this initiative.

The Substances Groupings Initiative

One of the current key initiatives under the CMP is the Substances Groupings Initiative. This initiative was launched on October 8, 2011, and included plans for the Government of Canada to assess and manage, where appropriate, the potential health and ecological risks associated with the following nine groups of substances:

• aromatic azo- and benzidine-based substances
• boron-containing substances
• certain internationally classified substances with potential for exposure to individuals in Canada
• certain organic flame retardants
• cobalt-containing substances
• methylenediphenyl diisocyanates and diamines
• phthalates
• selenium-containing substances
• substituted diphenylamines

In June 2012, three Notices were issued under section 71 of CEPA 1999. One Notice applies to 7 substances that are part of the Methylenediphenyl Diisocyanate and Diamine Substance Grouping and 1 substance that is part of the Internationally Classified Substance Grouping. Another Notice applies to a subset of substances that are part of the Cobalt-Containing Substance Grouping. The last Notice applies to 13 substances that are part of the Substituted Diphenylamine Substance Grouping. Information received from these data gathering initiatives will be used to inform the upcoming ecological and human health risk assessment of these substances.

In February 2013, a Notice with respect to triclosan was issued under section 71 of CEPA 1999. Information received from this data gathering activity will be used to inform subsequent risk management of this substance, if applicable.

In March 2013, another Notice was issued under section 71 of CEPA 1999 that applies to 10 substances that are part of the Certain Organic Flame Retardants Substance Grouping. Information received from this data gathering initiative will be used to inform the upcoming ecological and human health risk assessment of these substances.

The Petroleum Sector Stream Approach

The Petroleum Sector Stream Approach includes approximately 160 substances identified as priorities for action through the categorization process and that were set aside to be addressed in a sectoral approach. A large portion of high-priority petroleum substances are used or manufactured during petroleum refining or bitumen/heavy crude oil upgrading activities. Data collection, risk assessment and, where appropriate, risk management is continuing on the substances that are part of this initiative.

In April 2012, draft screening assessments on three low boiling point naphtha substances, five heavy fuel oils and four petroleum refinery gases were published in the Canada Gazette for a 60-day public comment period.

In May 2012, draft screening assessments on two gas oils were published for a 60-day public comment period.

The Domestic Substances List Inventory Update

Building on the Domestic Substances List Inventory Update completed during Phase 1 of the CMP, a second inventory update was issued in December 2012 through a section 71 Notice, requiring information by September 2013 on the use and volume of information on the remaining priority substances.

This section 71 Notice seeks to obtain updated information on the commercial status of approximately 2700 substances that are remaining priorities, to support any subsequent risk assessment and risk management activities, if applicable. This initiative will also inform Rapid Screening, the Polymer Approach, as well as priority setting for the next phase of the CMP.

The Rapid Screening Approach

The rapid screening approach is utilized for substances of lower concern. This approach uses a series of qualitative and quantitative steps to efficiently evaluate the likelihood that a substance may cause harm, given conservative estimates of exposure. At each step in the rapid screening process, any substance that appears to present a potential for harm will be identified as requiring further assessment. For those substances that pass through all steps of the rapid screening without being identified as requiring further assessment, the government will conclude that the substances do not meet any of the criteria as set out under section 64 of CEPA 1999. Rapid screening of the substances part of phase 1 of the Inventory Update was initiated in 2012–2013.

Summary of Screening Assessment Progress

Screening assessments are conducted to determine whether substances meet or are capable of meeting the criteria in section 64^Footnote1 of CEPA 1999. The results of the screening assessments are published in draft form on the Chemical Substances website, and the ministers of the Environment and of Health publish a notice in the Canada Gazette, Part I. Interested parties can submit written comments on the measure proposed and on the scientific considerations, the basis on which the measure is proposed, during a 60-day public comment period. After taking into consideration comments received, the ministers may, if they deem it appropriate, revise the screening assessment report and the proposed measure.

Table 1 lists the 2012–2013 assessment conclusions and measures for 71 existing substances. This total reflects draft and/or final assessment decisions for 57 substances determined to be priorities prior to the CMP, as well as 14 substances from the petroleum sector stream approach.

Screening assessments include living organisms. Reporting on living organisms is included in Section 2.2 of this report.

More information can be found on the Chemical Substances website.

Health Canada continued to conduct risk assessments and develop and implement risk management measures to address risks posed by harmful chemicals in foods, consumer products, cosmetics and drinking water.

Health Canada also continued its review, listing and prioritization for assessment of risk due to presence in the environment of substances in Food and Drugs Act regulated products. Resulting from CMP screening assessments and new scientific knowledge, Health Canada continued its Food and Drugs Act re-evaluation of food additives and food packaging materials and assessment of food contaminants.

Health Canada continued its activities to re-evaluate previously approved pesticides in accordance with Pest Control Products Act timelines and requirements, along with the monitoring of health and environmental incidents associated with pesticides, analyzing trends and sales data, and taking regulatory actions as needed.

New Substances

Substances that are not on the Domestic Substances List are considered to be new to Canada. New substances may not be manufactured in or imported into Canada unless Environment Canada has been notified with certain prescribed information and the period for assessing the information has expired. New substances include living organisms, and reporting on living organisms is included in Section 2.2 of this report.

In 2012–2013, 504 new substance notifications were received pursuant to the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms).

Some of the 504 new substances notifications related to nanomaterials and substances that have the potential to be manufactured in the nanoscale.

For new substances in products regulated under the Food and Drugs Act, 72 notifications for chemical/polymer substances and 5 notifications for living organisms were received and assessed in 2012–2013.

Top of page

Risk Management Activities

Along with the results of the screening assessment, the ministers must publish in the Canada Gazette their final recommendation to the Governor in Council by choosing one of the following three options: adding a substance to Schedule 1 of CEPA 1999 (the List of Toxic Substances), adding it to the Priority Substances List for further assessment, or concluding that no further action is necessary for the substance.

Ministers may recommend the addition of a substance to Schedule 1 of CEPA 1999 to the Governor in Council if a screening assessment shows that a substance meets one or more of the criteria in section 64 of CEPA 1999. The Governor in Council may then approve an order specifying its formal addition to Schedule 1. The decision to recommend adding substances to Schedule 1 of CEPA 1999 following a toxic conclusion obliges the ministers to develop risk management instruments.

Table 2 lists the substances or groups of substances that were proposed to be added to Schedule 1 of CEPA 1999 in 2012–2013. Table 3 lists the substances or groups of substances that were added to Schedule 1 in 2012–2013.

For chemical substances assessed and found to meet the definition of toxic, steps are taken to control their use and prevent, reduce or eliminate their release into the environment. This is known as “risk management.” Risk management instruments include regulations, pollution prevention plans, environmental performance agreements, permits, substance lists, guidelines, codes of practice and significant new activity notices/orders. These instruments can address any aspect of the substance’s life cycle, from the research and development stage through manufacture, use, storage, transport and ultimate disposal or recycling. In addition to implementing existing risk management instruments during the reporting period, 7 risk management instruments were published to address 18 toxic substances or groups of substances.

Significant New Activity Notices and Orders

Significant New Activity Notices can be issued for a chemical substance so that any major changes in the way it is used are reported to the Government of Canada. This approach ensures that government experts can evaluate whether a new use poses a new or increased risk to human health or the environment, and determine if risk management should be considered for the new use.

In 2012–2013, Notices of intent to apply the Significant New Activity provisions of CEPA 1999 were published for 9 substances, and final orders were published for 11 substances (Table 4). A person who intends to use, manufacture or import any of these substances for a new activity must provide the prescribed information.

Regulations

On January 2, 2013, Environment Canada published the final Prohibition of Certain Toxic Substances Regulations, 2012. The regulations prohibit the manufacture, use, sale, offer for sale or import of certain toxic substances listed in Schedule 1 and 2 of the Regulations, as well as products containing these substances with a limited number of exceptions. These regulations repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2005. Four new toxic substances have been added to the list of substances already controlled under the former regulations: benzenamine, N-phenyl- reaction products with styrene and 2,4,4-trimethylpentene (BNST), short-chain chlorinated alkanes (SCCAs), polychlorinated naphthalenes (PCNs) and tributyltins (TBTs). These regulations also modify restrictions on hexachlorobenzene (HCB) and include administrative changes aimed at harmonizing the English- and French-language versions of the former regulations, and simplified reporting requirements.

Table 5 lists all of the proposed and final regulations regarding chemicals published under Part 5 of CEPA 1999 in 2012–2013.

On November 10, 2012, Health Canada published proposed regulations in the Canada Gazette, Part I under the Canada Consumer Product Safety Act, to prohibit children’s polyurethane foam products containing tris (2-chloroethyl) phosphate (TCEP). Under the CMP, TCEP is identified as a substance requiring high-priority assessment due to its potential exposure to Canadians and its possible human carcinogenic effects.

Government Operations and Federal and Aboriginal Lands

Part 9 of CEPA 1999 provides the authority to make regulations, objectives, guidelines and codes of practice that apply to departments, boards and agencies of the Government of Canada; federal works and undertakings; federal land; Aboriginal land; persons on that land and other persons insofar as their activities involve that land; and Crown corporations.

The Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations seek to reduce the risk of contaminating soil and groundwater as a result of spills and leaks of petroleum products and allied petroleum products from storage tank systems. The Regulations include the staged implementation of certain regulatory requirements and saw the obligation for product transfer areas and the removal of high-risk systems come into force in June 2012. Analysis of compliance data for performance milestones, such as the identification requirements, has indicated a high compliance rate to date. This and other performance data establish a comprehensive inventory of federal storage tank systems and continue to be used to support performance analysis, compliance promotion efforts and enforcement activities to ensure continued compliance with the regulations.

To date, 1182 regulatees have identified approximately 16 000 storage tanks to Environment Canada through the Federal Identification Registry of Storage Tank Systemsdatabase for a total volume capacity of 2.5 billion litres of petroleum and allied petroleum products.

In January 2013, a consultation document outlining proposed revisions to the Federal Halocarbon Regulations, 2003 was published on Environment Canada’s ozone website. A notice regarding the consultations was published on the CEPA Registry and sent electronically to all known stakeholders. Four face-to-face consultation meetings were held in Edmonton, Halifax and Gatineau, and two webinars were conducted in March 2013.

Pollution Prevention Planning

The provisions within Part 4 of CEPA 1999 allow the Minister of the Environment to require designated persons to prepare, implement and report on pollution prevention (P2) plans for toxic substances. P2 Planning Notices provide the flexibility for industry to determine the best methods within their processes and activities to meet the risk management objective within the Notice.

In fiscal year 2012–2013, three final Notices were published; five other P2 Planning Notices continued to be active. Further information on P2 planning is available online.

Pollution Prevention Planning Notices published

Bisphenol A in industrial effluents

A final Notice was published in the Canada Gazette, Part I on April 14, 2012. The Notice requires industrial facilities that use bisphenol A (BPA) above a given threshold to develop and implement a plan to keep any effluent resulting from that use below a set standard. BPA is imported for use in a number of sectors such as investment casting, epoxy resin, polyvinyl chloride compounding, wire cable coating and can coatings.

Synthetic rubber manufacturing sector – isoprene

A final Notice was published in the Canada Gazette, Part I on June 9, 2012, which addresses harmful substances that are released from resin and synthetic rubber manufacturing industries. This was followed by a 60-day comment period.

This sector-based P2 Planning Notice will allow the addition of other substances as may be required in the future, with substance-specific risk management objectives and requirements. The first substance addressed by the Notice is isoprene or 1,3 butadiene, 2-methyl-. The substance is used mainly in the production of rubber for vehicle tires and inner tubes, a wide variety of products including medical equipment, toys, shoe soles, textiles, paints, and pressure-sensitive adhesives. This P2 planning notice will currently have an impact on one facility within the synthetic rubber sector.

Cyclotetrasiloxane, octamethyl- (siloxane D4) in industrial effluents

A final Notice was published in the Canada Gazette, Part I on June 2, 2012. The Notice requires that industrial facilities manufacturing or using D4 or a mixture containing D4 above a given threshold develop and implement a plan to keep effluents below a set standard. About 30 facilities, mostly located in Ontario and Quebec, are expected to be subject to this P2 Planning Notice.

Active Pollution Prevention Planning Notices

During 2012–2013, five P2 Planning Notices continued to be active, covering dental amalgam, mercury releases from mercury switches in end-of-life vehicles, nonylphenol and its ethoxylates contained in products, inorganic chloramines and chlorinated wastewater effluent, and polyurethane and other foam sector (except polystyrene) – toluene diisocyanates. More information about Notices and results is available online.

Environmental Performance Agreements

Environment Canada uses a range of tools to protect the environment, including voluntary, non-regulatory agreements with industry that commit certain sectors or companies to specific challenges or performance levels. An Environmental Performance Agreement is negotiated around the key principles and design criteria outlined in Environment Canada’s Policy Framework for Environmental Performance Agreements.

Active Agreements include: the Environmental Performance Agreement on production of hydrochlorofluorocarbons in Canada with E.I. DuPont Canada Company; the Environmental Performance Agreement with the Vinyl Council of Canada and the Tin Stabilizers Association; the Environmental Performance Agreement respecting perfluorinated carboxylic acids (PFCAs) and their precursors in perfluorinated products sold in Canada; and the Refractory Ceramic Fibre Environmental Performance Agreement, which was renewed for five years (2013–2018). Detailed information about these agreements is available online.

A new Environmental Performance Agreement Respecting Bisphenol A in Paper Recycling Mill Effluents was signed in 2012–2013. The Agreement establishes performance objectives for releases of effluent containing BPA from paper recycling mills with the goal of minimizing, to the greatest extent practical, the risk of environmental impacts to the aquatic environment. The Agreement will be in effect from March 5, 2013, until March 5, 2017, and covers all paper recycling mills in Canada. By signing the Agreement, paper recycling mills voluntarily agree to meet specific environmental performance objectives, conduct sampling and analyses, report the results to Environment Canada, and provide required information for verification purposes. The mills also agree to maintain performance once the performance objectives have been achieved.

Environmental Quality Guidelines

Environmental quality guidelines specify recommendations in quantitative or qualitative terms to support and maintain particular uses of the environment. Table 6 lists the environmental quality guidelines that were published or being developed nationally through the Canadian Council of Ministers of the Environment (CCME) in 2012–2013. During the same period, Environment Canada developed federal environmental quality guidelines for various chemicals identified in the CMP (Table 6). These federal environmental quality guidelines received ministerial approval in February 2013 and are now available on the chemical substances Web portal.

Where federal priorities align with those of the CCME (i.e., those of the various provincial and territorial jurisdictions), the federal environmental quality guidelines will be tabled with the CCME for consideration as national values.

Note: Hexabromocyclododecane (HBCD); polybrominated diphenylethers (PBDEs); perfluorooctane sulphonate (PFOS); tetrabromobisphenol-A (TBBPA).

Codes of Practice

Environmental codes of practice specify procedures, practices or quantities of releases relating to facilities and activities during any phase of development and operation involving a substance, and any subsequent monitoring activities. Codes of practice are issued by the Minister of Environment under subsection 54(1) of CEPA 1999.

A proposed Code of Practice for 2-Butanone, Oxime (Butanone Oxime) was published on January 26, 2013. The proposed Code of Practice outlines specific information to be added to the labels of relevant products with an aim to change consumer behaviour to help reduce air concentrations of butanone oxime during and immediately following interior application of consumer alkyd paint and coatings products. The final publication of the Code is expected in early 2014.

In April 2012, Environment Canada published a five-year review of the progress achieved through implementation of the Code of Practice for the Environmental Management of Road Salts and concluded that the Code was a valid and effective risk management tool and that more road organizations are using the right amount of salt, in the right place, at the right time. Many road organizations have voluntarily adopted new approaches to winter maintenance and invested in new technology. Recommendations for future work included establishment of national targets and emphasis on managing salt-vulnerable areas.

Substance-specific Risk Management Results

Risk Management for New Chemicals and Polymers

Following a notification, when the assessment of a new substance (see previous section for explanation of New Substances) identifies a risk to human health or the environment, CEPA 1999 empowers the Government of Canada to intervene prior to or during the earliest stages of its introduction into Canada. In this case, there are three actions that may be taken. The Minister of the Environment may:

1. permit the manufacture or import of the substance subject to specified conditions; or
2. prohibit the manufacture or import of the substance; or
3. request additional information considered necessary for the purpose of assessment. The notifier shall not manufacture or import the substance until supplementary information or test results have been submitted and assessed.

If the Minister suspects that a significant new activity (SNAc) in relation to the substance may result in the substance’s becoming “toxic,” a SNAc Notice may be published in the Canada Gazette, Part I for the substance.

Of 504 notifications received in 2012–2013, the Minister issued 18 Significant New Activity Notices (Table 7), 9 of which concerned nanomaterials or potential nanomaterials, 7 Ministerial Conditions (Table 8), and no prohibitions.

Export of Substances

Under Schedule 3 of CEPA 1999, the Export Control List (ECL) includes substances whose export is controlled because their use in Canada is prohibited or restricted, or because Canada has agreed, through an international agreement that requires notification or consent of the country of destination before export, such as the Rotterdam Convention, to control their export. CEPA 1999 requires exporters to submit prior notice of export with respect to substances on the ECL. In 2012–2013, 86 export notices were submitted to the Minister of the Environment.

On September 12, 2012, Environment Canada published a final Order amending the ECL to add, and move from one Part of the ECL to another, new substances and groups of substances that have been added to the Rotterdam and Stockholm Conventions as well as substances recently banned or restricted in Canada.

On September 29, 2012, Environment Canada published the proposed Order Amending Schedule 3 (the Export Control List) of CEPA 1999. The Order proposes the addition of endosulfan, a pesticide, to the Export Control List. This substance was added to the Rotterdam Convention in October 2011.

Top of page

2.2 Living Organisms

Products of biotechnology that are living organisms are regulated for health and safety purposes by a variety of federal departments and agencies across the government. For example, the Canadian Food Inspection Agency is an important regulator of crop plants and microorganisms used in animal feeds, fertilizers and veterinary biologics. CEPA 1999 sets a standard by which other federal legislation is measured such that living organisms regulated in a CEPA-comparable fashion are exempted from the New Substances provisions in CEPA 1999. Such legislation is listed in Schedule 4 of CEPA 1999. Living organisms used for other purposes, not covered by existing federal legislation, are regulated under CEPA 1999. This includes genetically modified animals and microorganisms used for various research, environmental, industrial and domestic purposes.

CEPA 1999 establishes an assessment process for living organisms that are new animate products of biotechnology, which mirrors provisions in Part 5 of CEPA 1999 respecting new substances that are chemicals or polymers. In addition, paragraph 74(b) requires that all living organisms on the Domestic Substances List (about 68 “existing” microorganisms) undergo a screening assessment to determine whether the living organism is toxic or capable of becoming toxic.

Top of page

Monitoring, Research and Risk Assessment Activities

Research

Government research on living organisms focuses on determining hazardous characteristics and the pathogenicity of various biotechnology microbes in order to support screening assessments. The research is coordinated jointly with regulators at Health Canada and Environment Canada and focuses principally on microorganisms on the CEPA Domestic Substances List.

During 2012–2013, research was initiated on a number of subjects, including a study of constituents, exposure effects of a mixture of microorganisms used for bioremediation of oil-contaminated soil and water, and detection of all microbial species within a microbial consortium. Research continued under the Canadian Regulatory System for Biotechnology towards the development of toxicity and pathogen screening methods.

In addition, a number of research projects were completed and have been or are in the process of being published in peer-reviewed scientific journals. Research topics included data summary reports on several Aspergillus species (potentially problematic fungi) and screening assessments for the bacterium Pseudomonas aeruginosa and for Bacillus cereus.

Risk Assessment of Existing Animate Products of Biotechnology

Environment Canada and Health Canada jointly perform the screening assessment of microorganisms listed on the Domestic Substances List. In 2012–2013, the final screening assessment report for three strains of Pseudomonas aeruginosa was published on June 6, 2012, in the Canada Gazette, Part I. A draft screening assessment report was also published on January 12, 2013, on eight strains identified as priority “C,” for a 60-day public comment period, implementing the rapid screening approach for lower-priority organisms. Work continues on the remaining screening assessments for several other Domestic Substances List microorganisms of high priority. Health Canada initiated assessment of “In-Commerce List” organisms.

The Technical Expert Group, composed of independent scientific experts from academia, industry, public advocacy groups and other federal government departments, continued providing advice on the process and validating the scientific basis of screening assessments and their conclusions.

Risk Assessment of New Animate Products of Biotechnology

During 2012–2013, 25 notifications were received pursuant to the New Substances Notification Regulations (Organisms) for new animate products of biotechnology, and 21 notifications were assessed.

Top of page

Risk Management Activities

Significant New Activity Notices

In 2012–2013, final orders for SNAcs were published for three existing living organisms (Table 9). A person who intends to use, manufacture or import any of these living organisms for a new activity must provide prescribed information prior to initiating the new activity.

In 2012–2013, three new living organisms were subjected to a SNAc Notice. No new living organisms were subjected to Ministerial Conditions or Ministerial Prohibition.

Top of page

2.3 Air Pollution and Greenhouse Gases

Emissions of air pollutants and threaten the health of Canadians, degrade the environment, contribute to smog and have associated socio-economic impacts and consequences. While significant progress has been made to date in reducing emissions, air pollution remains an ongoing issue in Canada. Emissions originate from numerous domestic sources, such as industrial and transportation, as well as transboundary transport of air pollution from other countries.

The Government of Canada is implementing a sector-by-sector regulatory approach to make progress towards its Copenhagen target for GHGs. Regulations are already in place for two of Canada’s largest sources of emissions--the transportation sector and coal-fired electricity generation. The government is continuing to implement its sector-by-sector regulatory approach to achieve additional reductions.

The government began actively addressing air pollution in the 1970s and 1980s, and continues to develop, amend, implement and administer regulations under CEPA 1999 to reduce air pollutant emissions from vehicles, engines and fuels, and from consumer and commercial products. In addition, federal air emission controls apply to a limited number of industrial sectors such as secondary lead smelters, vinyl chloride plants, asbestos mines and mills.

In October 2012, federal, provincial and territorial environment ministers agreed to begin implementation of a new national Air Quality Management System. The federal government will implement the base-level industrial emission requirements using regulatory and non-regulatory instruments under CEPA 1999 for major industrial sources to establish nationally consistent performance levels across the country. The government has issued more ambitious Canadian Ambient Air Quality Standards for fine particulate matter and ground-level ozone as objectives under CEPA 1999.

For additional information about emission reporting activities, visit the Canadian Environmental Sustainability Indicators (CESI), the National Pollutant Release Inventory (NPRI) and the National Greenhouse Gas Inventory Report (NIR) websites.

Top of page

Monitoring, Research and Risk Assessment Activities

Monitoring

In Canada, atmospheric monitoring is carried out through partnerships and/or collaborations with provincial, territorial and federal governments, municipalities and universities. Due to the fact that atmospheric issues such as intercontinental transport of air pollution and the depletion of the ozone layer are a global concern and in many instances require global solutions, partnerships and collaboration with international organizations and agencies are also essential.

In 2012–2013, a broad range of monitoring activities was undertaken in support of the Clean Air Regulatory Agenda, which focuses on specific pollutants such as particulate matter, ozone, NO_x and SO₂ as well as others.

Efforts continued in tandem under the National Air Pollution Surveillance program and the Canadian Air and Precipitation Monitoring Network to measure air quality at urban, rural and regionally representative sites in order to understand patterns and trends of specific atmospheric pollutants. The Canadian Greenhouse Gas Monitoring Network includes observations of carbon dioxide and other GHGs from 15 measurement sites across Canada.

In addition to ongoing data collection and reporting on a wide range of environmental issues, monitoring efforts in 2012–2013 also included upgrades to monitoring technologies, data reporting and database infrastructure.

Research

Environment Canada undertakes scientific research that focuses on modelling, measurements and atmospheric chemistry studies related to air pollutants and GHGs as well as emissions research and measurements related to the transportation and fuel sectors. These activities ensure that policy and regulatory actions are informed by sound and relevant science and allow decision-makers to evaluate that the measures taken achieve their intended effects.

Specifically, air quality research efforts help quantify priority air pollutants and determine trends, improve and validate air quality predictions both in the near term and into the future within the global context, as well as enhance understanding of the impacts of air pollutant emission sources on Canadians and the environment.

Environment Canada’s GHG research program focuses on monitoring and modelling of GHGs to quantify sources and sinks in a continental and global context, and to model the climate system response to changing atmospheric concentrations of GHGs.

Health Canada conducts research and assesses the health risks of indoor and outdoor air pollutants to better understand the health impacts posed by these pollutants. Research examined the effects of, for example, industrial emissions and the transport sector on a number of health outcomes such as cardiorespiratory disease.

During 2012–2013, a number of research projects were initiated, including exposure to and better characterization of diesel exhaust particulate; the effectiveness of the Air Quality Health Index in small towns and rural areas; exposure to fine particulate matter (PM_2.5) and nitrogen dioxide (NO₂); community exposure to air emissions from local industry; methods to improve indoor residential air quality; health effects of wildfire and forest fire smoke; and exposure to and improved characterization of ambient PM_2.5.

Ongoing research continued on health impacts of exposure to air pollutants from a variety of sources; health impacts of long-term exposure to air pollutants; characterization of atmospheric aerosols; GHG sources and sinks; the role of GHGs in the climate system; improving analytical tools for assessing atmospheric aerosols from vehicles; emissions from heavy-duty diesel engines; atmospheric transport and deposition of mercury; understanding and predicting air quality at high resolution in airsheds of particular interest from a human health or environmental perspective (e.g., urban); understanding the potential environmental impact of exhaust emissions from marine engines with the increase in shipping activity in the Arctic; understanding the linkages between air quality and weather; understanding the impact of specific emissions sources on air quality; renewable fuels operation in cold temperature; non-criteria exhaust emissions from new engine technologies; and health impacts of biodiesel fuels.

A broad range of research projects were completed in 2012–2013. Environment Canada scientists published more than 100 research papers related to air pollutants and GHGs in peer-reviewed scientific journals. Research topics included human health impacts of exposure to traffic emissions (heart disease, asthma, stroke); indoor air quality (residential, daycare centres); modelling of global and regional climate response to GHGs; detection and attribution analyses of climate change; the carbon cycle in the Earth system; development and evaluation of high-resolution air quality forecasting models; engine emissions; hybrid and battery electric vehicle operation; atmospheric mercury (sources, concentrations, snowpack, deposition); exposure to polycyclic aromatic hydrocarbons (PAHs) in air; air filtration and cardiorespiratory health in a First Nations community; PM_2.5 exposure and characterization; chemical processes in sea-salt chloride depletion; snow scavenging of atmospheric aerosols; lanthanoids in atmospheric aerosols; and air mass transport of flame retardants, combustion by-products and pesticides.

Also during this reporting period, health benefits analyses were completed to support the development of GHG emission regulations for coal-fired electricity generation, light-duty vehicles and marine fuel.

Research activities continue to support the health risk assessments currently underway for a number of air pollutants (carbon monoxide, coarse particulate matter, sulphur dioxide and nitrogen dioxide), industrial sectors and transportation-related air pollutant sources.

Risk Assessment

Health Canada published the Notice for the Finalized Air Health Assessment for Biodiesel in the Canada Gazette, Part I on July 14, 2012 (PDF Format, 3.27 Mb, pp. 10-15)

Top of page

Risk Management Activities

Air Quality Guidelines

The Residential Indoor Air Quality Guidelines provide summaries of the health risks posed by specific indoor pollutants, based on a review of the best scientific information available. They also summarize the known health effects, detail the indoor sources and, where possible, provide a recommended exposure level below which health effects are unlikely to occur. The Guidelines are recommendations only and are meant to serve as a scientific basis for activities to reduce the risk from indoor air pollutants and also provide information to individuals on how to reduce exposure to indoor pollutants.

In 2012–2013, Health Canada published the following Notices in the Canada Gazette, Part I:

• Proposed Residential Indoor Air Quality Guideline for Naphthalene on October 13, 2012 (PDF Format, 1.15 Mb, pp. 4-6).
• Proposed Residential Indoor Air Quality Guideline for Benzene on March 16, 2013 (PDF Format, 1.98 Mb, pp. 14-20).
• Finalized Residential Indoor Air Quality Guideline for Fine Particulate Matter [2.5 microns] on June 30, 2012 (PDF Format, 5.12 Mb, pp. 37-41).

Vehicle, Engine, Equipment and Fuels Emissions

Canada has implemented and will continue to develop a series of regulations to reduce GHG emissions and smog-forming air pollutant emissions from vehicles, engines and fuels. Currently, there are regulations in place to reduce emissions from passenger cars and light-duty trucks, heavy-duty vehicles, motorcycles, recreational vehicles as well as construction and agricultural equipment, and small engines such as lawnmowers and chainsaws.

Greenhouse Gas Emissions Regulations

The Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations were published in the Canada Gazette, Part II on October 13, 2010. These regulations introduce GHG emission standards for new cars and light trucks beginning with the 2011 model year. The regulated standards become more stringent over the 2011 to 2016 model-year period and will generate progressively larger emission reductions. Building on those regulations, Environment Canada published in December 2012 in the Canada Gazette, Part I proposed amendments to the regulations that would establish more stringent GHG emission standards for passenger automobiles and light trucks of the 2017 and later model years.

The final Heavy-Duty Vehicle and Engine Greenhouse Gas Emission Regulations were published in the Canada Gazette, Part II on March 13, 2013. These regulations establish mandatory GHG emission standards for new on-road heavy-duty vehicles and engines beginning with the 2014 model year.

Air Pollutant Emissions Regulations

Regulations Amending the On-Road Vehicle and Engine Emission Regulations (On-Board Diagnostic Systems for Heavy Duty Engines and Other Amendments) were published in the Canada Gazette, Part II on February 13, 2013. On-board diagnostic systems are computer systems that monitor, through sensors, the malfunction of emission-related components to facilitate proper repair and maintain emission performance. The amendments set requirements which standardize and make it mandatory to monitor emission-related components via an on-board diagnostic system on heavy-duty vehicles. The amendments apply to engines and vehicles of the 2014 and later model years. These amendments also result in a net decrease in regulatory burden for the industry. The amendments also include some administrative changes to the regulations, including changes to the importation declaration requirements for all importers and to the End of Model Year Report for on-road motorcycles.

Renewable Fuels Regulations

The Renewable Fuels Regulations, published on September 1, 2010, in the Canada Gazette, Part II require fuel producers and importers to have an average renewable content of at least 5% based on the volume of gasoline that they produce or import commencing December 15, 2010.

The Regulations Amending the Renewable Fuels Regulations, passed on June 30, 2011, set a date of coming into force of July 1, 2011, for a requirement for 2% renewable fuel content in diesel fuel and heating distillate oil.

The first compliance periods for both the gasoline and the distillate requirement ended on December 31, 2012. On January 1, 2013, Environment Canada began implementation of the Renewable Fuels Electronic Reporting system that will enable the regulated community to submit their regulatory information electronically. The first set of compliance period reports were submitted in February 2013.

On December 31, 2012, the Minister of the Environment, announced the government’s intention to propose an amendment to the Renewable Fuels Regulations that would see a permanent national exemption from the 2% renewable content requirement in home heating oil, as well as a 6-month extension to the exemption from the 2% renewable content requirement for diesel fuel for Canada’s Maritime provinces.

These measures are being implemented to mitigate potential cost increases for Canadians that use oil to heat their homes and to provide flexibility for suppliers operating in the Maritime provinces to make adjustments required to comply with the Regulations.

The Renewable Fuels Regulations, combined with provincial regulations, were originally expected to lead to cumulative GHG emissions reductions of approximately four megatonnes per year once fully implemented. Removing heating oil from the Regulations will impact these GHG reductions, but the impact is expected to be less than a tenth of a megatonne per year.

Regulations Amending the Sulphur in Diesel Fuel Regulations

The Regulations Amending the Sulphur in Diesel Fuel Regulations were published in the Canada Gazette, Part II on June 20, 2012. The amendments enable the production, import and sale of diesel fuel with a maximum sulphur content of 1000 mg/kg for use in large vessels, enabling the supply of lower sulphur fuel to ships operating in the joint Canada/U.S. Emission Control Area as adopted by the International Maritime Organization in 2010.

The amendments retain the sulphur limit of 15 mg/kg in diesel fuel produced or imported for use in non-large vessels and locomotives as of June 1, 2012. They also reduce the limit of sulphur content in diesel fuel sold for use in non-large vessels to 15 mg/kg as well as limit the concentration of sulphur in diesel fuel produced, imported or sold for use in Canada for small and large stationary engines to 15 mg/kg and 1000 mg/kg, respectively. These requirements will come into force on June 1, 2014, and are aligned with the U.S.

Vehicle and Engine Compliance Program

Environment Canada administers a program to verify compliance with various regulations. To further realize the benefits of aligned emission standards, Environment Canada works closely with the U.S. Environmental Protection Agency.

Vehicles and engines manufactured in Canada or imported into Canada must comply with emission standards. Despite the best efforts of manufacturers, defects in the design, construction or functioning of a vehicle/engine that affects or could affect compliance with a prescribed standard can occur, given the complexity of vehicle/engine designs, the variety of parts and different component suppliers. Where defects do occur, CEPA 1999 requires companies to take corrective action by issuing a notice of defect.

In 2012–2013, 138 emission tests were performed on various types of vehicles and engines. The Vehicle and Engine Compliance Program reviewed 431 submissions for products unique to the Canadian market for the 2012 and 2013 model years. During this period, 41 notices of defect and other notifications were processed, affecting approximately 150 000 vehicles and engines.

The Off-Road Compression-Ignition Engine Emission Regulations and the Marine Spark-Ignition Engine, Vessel and Recreation Vehicle Emission Regulations prescribe that import declarations be submitted to Environment Canada rather than to a customs office. This allows Environment Canada to better monitor vehicles and engines being imported into Canada. During this period, over 750 declarations for the aforementioned Regulations were processed.

Technical experts from the program also worked in collaboration with the enforcement officers, providing technical expertise as well as contributing to enforcement training sessions across the country. These training sessions covered Canada’s vehicle and engine emission regulations and were designed to assist their work in suspected non-compliance cases. See Section 4 for information on compliance and enforcement activities.

In April 2012, the Department launched its Vehicle and Engine Emissions Reporting Registry. The first release of the new single-window electronic reporting system is designed to enable automobile manufacturers to submit their annual report pursuant to the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations. These reports are used to establish their fleet average GHG emissions performance relative to the standards and their net balance of emission credits/deficits. The system also enables automobile manufacturers to submit fuel consumption information collected by Natural Resources Canada as part of the voluntary fuel consumption guide and labelling program.

Electricity Emissions

Greenhouse Gas Emissions Regulations

On September 12, 2012, the Reduction of Carbon Dioxide Emissions from Coal-fired Generation Electricity Regulations were published in the Canada Gazette, Part II. The Regulations set a stringent performance standard for new coal-fired electricity generation units and those that have reached the end of their useful life. The performance standard of the Regulations will come into effect on July 1, 2015.

Equivalency Agreements

Under section 10 of CEPA 1999, the Governor in Council has the authority to make an order declaring that a regulation under sections 93, 200, or 209 does not apply in a province or territory. A precondition of this order is agreement by the Minister and the province or territory that there are provincial laws that are equivalent to the subject federal regulation.

On September 14, 2012, a draft equivalency agreement with the Province of Nova Scotia was released for public comment in respect of the federal Reductions of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations. Notice of availability of the agreement was published in the Canada Gazette, Part I. A final agreement is expected to be released in the coming year.

Pollution Prevention Planning

In 2012–2013, one P2 Planning Notice relating to air pollution continued to be active, covering base metal smelters and refineries, and zinc plants. Information about the Notice and performance results is available online.

Environmental Performance Agreements

In 2012–2013, an Environmental Performance Agreement with Rio Tinto Alcan concerning atmospheric emissions of polycyclic aromatic hydrocarbons was ongoing. Information about the agreement and updates is available online.

Top of page

2.4 Water Quality

Water quality is determined by assessing the chemical, physical and biological content of water for particular purposes. It is expressed in terms of the kinds and concentrations of substances dissolved and suspended in the water and what those substances do to inhabitants of the ecosystem.

Water quality is affected in many ways, often caused by nature's own patterns. The water quality of rivers and lakes changes with the seasons and geographic areas, even when there is no pollution present. It is also affected by human development including disposal of human wastes, animal wastes and chemical substances into the environment.

Water quality is primarily the responsibility of provinces and territories in Canada, but the federal government plays a leading role, including, under CEPA 1999, in scientific research, monitoring and leadership on the development of guidelines for water quality.

Top of page

Monitoring, Research and Risk Assessment Activities

Monitoring

In 2012–2013, monitoring activities focused on the environmental impacts of industrial effluents from activities such as mining and pulp and paper production. Work also continued within the Freshwater Inventory and Surveillance of Mercury Network.

In addition to data collection and reporting on a wide range of environmental issues, monitoring efforts in 2012–2013 also included upgrades to monitoring technologies and to data reporting and database infrastructure.

Research

Both Health Canada and Environment Canada continued their water quality research activities. Health Canada conducts research on drinking water quality in support of the Guidelines for Canadian Drinking Water Quality. Environment Canada’s research included analytes in wastewater treatment plant influent and effluent; the environmental fate of azo benzidine compounds and their transformation products; and organophosphorus flame retardants in a variety of environmental compartments.

Top of page

Risk Management Activities

In addition to the activities listed below, risk management actions that reduce releases of specific toxic chemicals contribute to the overall improvement of water quality. For example, the Environmental Performance Agreement on BPA in Paper Recycling Mill Effluents, the P2 Plan on Bisphenol A and the P2 Plan on Siloxane D4.

Drinking Water Quality Guidelines

Health Canada works in collaboration with the provinces and territories to develop the Guidelines for Canadian Drinking Water Qualityand their technical documents. Priorities for developing guidelines are also established in consultation with the provinces and territories and are based on a national perspective.

Health-based guideline values are developed for drinking water contaminants that are found or expected to be found in drinking water supplies across Canada at levels that could lead to adverse health effects.

Guidance documents are also developed under the Guidelines for Canadian Drinking Water Quality to provide operational or management guidance related to specific drinking-water-related issues (such as boil-water advisories) or to make risk assessment information available when a guideline is not deemed necessary (such as controlling corrosion in drinking-water distribution systems).

The Guidelines for Canadian Drinking Water Quality are used by all provinces and territories as a basis to establish their own regulatory requirements to ensure the quality of drinking water in their own jurisdictions.

Table 11 lists the guidelines that were completed or in progress in 2012–2013.

Top of page

2.5 Waste

Waste generally refers to any material, non-hazardous or hazardous, that has no further use, and which is managed at recycling, processing or disposal sites.

In Canada, this responsibility for managing and reducing waste is shared among the federal, provincial, territorial and municipal governments. For instance, municipal governments are responsible for collecting and managing waste from homes for recycling, composting and disposal, while provincial and territorial authorities are responsible for the approval, licensing and monitoring of waste management operations.

For its part, Environment Canada exercises responsibilities with respect to international and interprovincial movements of hazardous waste, releases of toxic substances to the air, land and water, disposal at sea, and activities on federal lands.

Top of page

Monitoring, Research and Risk Assessment Activities

Monitoring

The CMP Monitoring and Surveillance Program collects data on the concentration of chemical substances in environmental compartments at locations across Canada. Environmental compartments include surface water, sediment, air, aquatic biota and wildlife. Wastewater system influent, effluent and biosolids as well as landfill leachate and gas are also monitored at select locations representing a range of input and treatment system types.

The program has collected data on many substances including PBDEs, perfluorinated compounds (including PFOS and PFCAs), siloxanes, triclosan, BPA and metals in landfill leachate and/or landfill gas, to provide measured environmental data for risk assessment and risk management decision making. The collection of data on these substances will establish baseline information and ultimately allow for the analysis of temporal trends--a key element of measuring the performance of risk management activities.

During the 2012–2013 reporting period, research was undertaken to compile, present and analyze a five-year period of Environment Canada’s landfill leachate monitoring data.

Disposal at Sea Site Monitoring Program

As required by CEPA 1999, representative disposal at sea sites are monitored to verify that permit conditions were met, and that scientific assumptions made during the permit review and site selection process were correct and sufficient to protect the marine environment. By disposal site monitoring, Environment Canada is able to verify that the permitting of disposal is sustainable and that permit holders can have continued access to suitable sites. Where monitoring indicates a problem or where the site has reached its capacity over time, management action in the form of closing, moving or altering the site use can occur.

In 2012–2013, monitoring projects were completed at 11 ocean disposal sites nationally (or 12% of actively used sites), and identification and reference sites were sampled in the Bay of Fundy. No management action was required at the sites studied during the 2012–2013 period.

Environment Canada’s Quebec Region conducted a hydroacoustic survey of a site in the Magdalen Islands and another at a site in Deception Bay, in northern Quebec. In the Magdalen Islands, video monitoring was conducted to characterize the macro-benthic fauna of a disposal site. In Deception Bay, findings indicate that the sediment input into the bay comes more from shoreline erosion caused by landslides than ocean disposal.

Environment Canada’s Atlantic Region focused monitoring efforts on the Bay of Fundy where pre- and post-disposal bathymetric surveys were conducted in an ongoing program to monitor the stability of a disposal site within the bay. At the same site, sediment samples were collected at six potential reference locations as one part of a collaborative effort to develop a cumulative effects monitoring framework. Samples collected were assayed for toxicity using a battery of tests: lethal and sub-lethal. A geophysical survey of a second disposal site in the Bay of Fundy was also completed as part of an ongoing program to develop a post-disposal habitat map for a dredged material disposal site.

In Environment Canada’s Pacific Region, monitoring was undertaken at the five disposal sites. High-resolution multibeam bathymetric and backscatter survey, site visualization, surficial sediment sampling, benthic invertebrate sampling, and sediment profile imaging were undertaken at Cape Mudge, Cape Lazo, Hanson Island, Hichey Point and Malaspina Disposal Sites.

Further details can be found in the Compendium of Monitoring Activities at Ocean Disposal Sites, which is sent to permit holders and submitted to the International Maritime Organization annually.

Top of page

Risk Management Activities

In addition to the activities listed below, risk management actions included in section 2.1, Toxic Substances Harmful to Human Health or the Environment, that reduce releases of specific toxic chemicals also contribute to the overall improvement of water quality. One example is the Prohibition of Certain Toxic Substances Regulations, 2012.

Controlling the Movement of Hazardous Waste and Hazardous Recyclable Material

CEPA 1999 provides authority to make regulations governing the export, import and transit of waste (including both hazardous and non-hazardous waste) and hazardous recyclable materials. It also provides authority to establish criteria for refusing an export, import or transit permit, should the waste or hazardous recyclable material not be managed in a manner that will protect the environment and human health.

Canada implements its international obligations as a party to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention), the OECD Decision on the Control of Transboundary Movement of Wastes Destined for Recovery Operations, and the Canada–United States Agreement on the Transboundary Movement of Hazardous Waste through the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) and the PCB Waste Export Regulations, 1996.

In 2012, more than 2 300 notices were processed for proposed imports, exports and transits of hazardous wastes and hazardous recyclable materials under the EIHWHRMR. The notices received covered 20 919 individual waste streams, which exhibited a range of hazardous properties such as being explosive, flammable, acutely toxic, corrosive, dangerously reactive and environmentally hazardous. Approximately 35 250 individual transboundary shipments of hazardous waste and hazardous recyclable material were reported in movement documents received by Environment Canada.

More than 99% of imports and 98% of exports for both hazardous waste and hazardous recyclable materials occurred between Canada and the United States. The United States is the only country that received, from Canada, shipments of hazardous wastes destined for disposal. Canada has received shipments of hazardous wastes destined for disposal from two countries: Barbados and the United States. Other regions involved in the movement of hazardous recyclable materials, for both imports and exports, included Brunei, Darussalam, Nigeria, United Arab Emirates, Indonesia, Peru, United Kingdom, Belgium, Germany, Spain, Russian Federation, Mexico and the Republic of Korea.

The quantity of hazardous waste and hazardous recyclable material imported into Canada was 346 700 tonnes (t) in 2012.^Footnote2 This represents a decrease of 48 086 t or 12% over the total 2011 import quantity. Shipments destined for recycling totaled 245 071 t and represented about 71% of all imports in 2012. Hazardous recyclable material imported into Canada in greater quantities were glass from cathode ray tubes and other activated glass, waste electrical and electronic assemblies or scrap-containing components, used or spent batteries, and waste liquors from the pickling of metal. Hazardous wastes imported in greater quantities included metals or metal-bearing wastes, waste organic solvents, corrosive waste acidic or basic solutions, wastes containing cyanides.

The quantity of hazardous waste and hazardous recyclable materials exported was 496 095 t in 2012. This represents an increase of 26 401 t or 8% from the 2011 figure. Shipments exported for recycling totalled 403 587 t and represented about 81% of all exports in 2012. Corrosive waste acidic or basic solutions, treated cork and wood wastes, lead-acid batteries, waste oil/water or hydrocarbon/water mixtures or emulsions, and wastes containing organic or inorganic cyanides made up the majority of hazardous recyclable material exported abroad for recycling. Hazardous wastes exported in greater quantities included corrosive waste acidic or basic solutions, metals or metal-bearing wastes, waste oil/water or hydrocarbon/water mixtures or emulsions, wastes from industrial pollution-control devices for the cleaning of industrial off-gases, and wastes containing organic or inorganic cyanides.

Imports of hazardous recyclable materials in 2012 were shipped to five provinces: Quebec, Ontario, New Brunswick, British Columbia and Alberta.

Exports of hazardous recyclable materials in 2012 originated from eight provinces: Quebec, Ontario, New Brunswick, Nova Scotia, British Columbia, Alberta, Manitoba and Saskatchewan. Exports of hazardous wastes for final disposal originated from the same provinces, except Saskatchewan.

Tables 12 and 13 list the quantities imported and exported from 2003 to 2012.

Please note that data are revised periodically as new information becomes available. Therefore, information presented here may differ from what was previously published in other reports.

Disposal at Sea

The disposal of a substance at sea, from a ship, aircraft, platform or other structure is prohibited without a CEPA Disposal at Sea permit (see CEPA Part 7, Division 3 for full definitions, exemptions and jurisdictions).

A permit for disposal at sea will be approved only if it is the environmentally preferable and practical option. CEPA 1999 provides additional controls on disposal at sea, including:

• a prohibition on the export of a substance for disposal in an area of the sea under the jurisdiction of a foreign state or in its internal waters;
• a list of six substances for which a disposal at sea permit can be obtained (Schedule 5 of the Act);
• an assessment framework for reviewing permit applications based on the precautionary principle, which must be followed (Schedule 6 of the Act); and
• a statutory obligation to monitor selected sites.

For further information, consult the Disposal at Sea website.

Through CEPA 1999 and the Disposal at Sea Regulations made under the Act, Canada implements its international obligations as a party to the 1996 Protocol to the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol). In this regard, Canada and other Convention and Protocol parties have been supporting the continuation of a major project on the reduction of barriers to compliance with the treaty. Workshops, guidance and technical assistance are offered to countries to aid their acceding to the London Protocol or to coming into compliance with it. In 2012, Canada participated in a workshop in the Republic of Korea for Asian countries aimed at promoting accession to the Protocol.

Following many years of work by Canada and other Parties, an amendment to the London Protocol has been tabled to further regulate ocean fertilization and to set the framework for regulation in the future of other marine geo-engineering activities that fall within the scope of the Protocol and have the potential to harm the marine environment. Canada is developing a position concerning this amendment. Cooperation with other international bodies, including the Convention on Biological Diversity, that have also called for this global regulation is ongoing.

Canada also participates actively in the development of international guidances relevant to disposal at sea. Current projects include finalizing revised dredged material assessment guidance; developing best practices for disposal related to offshore mining wastes; and developing low-tech assessment guidance for dredged material. Guidance on the assessment of CO₂ streams for sub-seabed geological storage and Action Levels (levels of concern) for fish waste were completed in 2012–2013.

Disposal at Sea Permits

In 2012–­2013, 91 permits were issued in Canada for the disposal of 3.97 million tonnes of waste and other matter (tables 14 and 15), compared with 99 permits for the disposal of 4.64 million tonnes in 2011–2012. Most of the material permitted for disposal was dredged material that was removed from harbours and waterways to keep them safe for navigation. Also permitted was excavated native till (geological matter) that is disposed of at sea in the lower mainland of British Columbia, where on-land disposal options for clean fill are extremely limited. Fish-processing waste is also permitted in remote communities where there is no access to reuse-and-recycling opportunities.

Top of page

2.6 Environmental Emergencies

Part 8 of CEPA 1999 addresses the prevention of, preparedness for, response to and recovery from an uncontrolled, unplanned or accidental release of a substance into the environment that poses potential or actual harm to the environment or to human health. Part 8 provides the authority, among other things, for making regulations, guidelines and codes of practice. Part 8 also establishes a regime that makes the person who owns or controls the substance liable for restoring the damaged environment and for the costs and expenses incurred in responding to an environmental emergency.

The Environmental Emergency Regulations (referred to as the E2 Regulations) made under Part 8 of CEPA 1999require any person responsible, as specified in the E2 regulations, for substances listed in the E2 Regulations to notify the Minister of the Environment and to prepare, document, implement, test and update an environmental emergency plan (E2 plan) for the place where the substance is located, if the total quantity of the substance on location and if the substance is in a storage container, the maximum capacity of the storage container  are equal to or greater than the regulated threshold quantity for the substance.

Environment Canada’s Environmental Emergencies website includes implementation guidelines for E2 plans, a common issues section and online notice filing. The website also provides public access to a database containing basic information about registered facilities (e.g., company names and addresses).

As of March 31, 2013, approximately 4350 facilities had filed Notices Regarding the Identification of Substance and Place under the E2 Regulations. Of these facilities, approximately 2700 were required to prepare E2 plans. The seven most commonly identified substances were propane, anhydrous ammonia, pentane, butane, gasoline, hydrochloric acid and chlorine.

A socio-economic study conducted in early 2013 provided insight into the costs of E2 planning, compliance with the E2 Regulations and the financial impacts of environmental emergencies. Based on about 250 respondents to the study’s survey, the average one-time cost for preparing an E2 plan ranges from approximately $5,500 to $14,000. Environment Canada previously estimated that costs associated with E2 plans ranged from $5,000 to $25,000, depending on the size of the facility and whether the E2 plan was new or revised.

In 2012–2013, Environment Canada regional activities associated with the implementation of the E2 Regulations included hosting substance-specific workshops and site visits for the regulated community covering prevention, preparedness and response aspects for propane, liquefied natural gas and ammonia. Other themed workshops addressed E2 plan content and exercise design.