On October 5, 2024, Canada released three significant documents that move it closer to implementing the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA). The 2023 legislation, Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), requires that decisions made under CEPA respect the right to a healthy environment. Canada has released a draft implementation framework setting out how the Minister of the Environment and the Minister of Health (the ministers) will consider the right in administering CEPA. The bill also requires the creation of a publicly available “Watch List” of substances determined to be capable of becoming toxic under CEPA to inform Canadians and businesses of substances that they may wish to avoid. Canada has published a proposed Watch List Approach that will inform the process and considerations for substances to be included on the Watch List. The bill directs the ministers to develop a new plan of chemical management priorities and will propose a new regime to manage toxic substances of highest risk. Canada has published a proposed plan of priorities under CEPA. Comments on each of the three documents are due December 4, 2024. For further information on these three documents, please read the full memorandum.

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