HazMat Legislative and Regulatory Activities in Canada

Toxic Substances Warning Label Act Introduced In Parliament: The Toxic Substances Warning Label Act (C-266) was introduced and completed its first reading in the House of Commons on February 5, 2021. The bill would prohibit the sale, importation, and advertisement of any product that contains a toxic substance or produces a toxic substance when used, unless that product has a label warning of the potential exposure to the toxic substance affixed on one or more surfaces of its packaging. Similar bills have been introduced in previous sessions of Parliament. None has proceeded past the introduction and first reading in the House of Commons.

Canada Adjusts Fees For New Substance Notifications Effective April 1, 2021: Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or masked name application). As of April 1, 2019, Environment and Climate Change Canada (ECCC) modifies NSN fees annually based on the country’s Consumer Price Index (CPI). Based on a decrease in Canada’s CPI over the past 12 months, fees for NSN submissions will decrease by 0.2% starting April 1, 2021. ECCC has posted a revised fees table, effective April 1, 2021, to March 31, 2022.

Canada Seeks Comment On Renewal Of Federal Agenda For VOCs In Consumer And Commercial Products: Canada began a public consultation on March 10, 2021, to obtain comments on the 2021 to 2028 agenda to reduce volatile organic compounds (VOC) in consumer and commercial products. The consultation paper is Canada’s first step in informing stakeholders of the federal government’s plans to develop specific measures to reduce VOC emissions further from consumer and commercial products over the 2021 to 2028 time frame. Canada’s approach will be to align, where possible, with requirements in place in key U.S. jurisdictions, which Canada states will contribute to a level playing field, provide regulatory certainty for business, and benefit human health and the environment. Canada seeks to engage with the paints and coatings industry; the automotive refinishing industry; portable fuel container manufacturers; the printing industry; the adhesives and sealants industry; stakeholders; and provincial and territorial governments. Comments are due April 8, 2021.

Natural Resources Canada Announces Critical Minerals List: On March 11, 2021, Natural Resources Canada announced the release of a list of 31 minerals considered critical for the sustainable economic success of Canada and its allies — “minerals that can be produced in Canada, are essential to domestic industry and security and have the potential to support secure and resilient supply chains to meet global demand.” The press release states that the list “prioritizes building an industrial base for the low-carbon, digitized economy, and provides greater certainty and predictability to industry, trading partners and investors on what Canada has to offer.” The 31 critical minerals are:

Canada Posts Rolling Workplan For Performance Measurement Evaluations Of Toxic Substances: Canada conducts performance measurement evaluations to provide Canadians with information on the effectiveness of risk management actions for substances found to be toxic under the Canadian Environmental Protection Act, 1999 (CEPA). Canada systematically evaluates the risk management, human health, and environmental objectives using robust data and expert analysis. Canada has posted the following rolling workplan of performance measurement evaluations of risk management strategies for certain substances underway or to be initiated over the next four years. Canada states that it selected substances as set out in the Performance Measurement Evaluation Strategy for toxic substances. Canada notes that the substances listed and timeframes may be subject to change and that the rolling workplan is provided for information purposes only.