A new plan to apply Section 75.1 of the Canadian Environmental Protection Act (CEPA, 1999 version) was recently announced by the Health Department (HC) and the Canadian Department of Environment and Climate Change (ECCC). The plan calls for the establishment of a “Watch List” of chemicals, which would include those that have dangerous qualities but have not been classified as harmful under CEPA. This action is a component of CEPA’s modernization measures, which aim to better monitor substances that could endanger human health and the environment. 

Identification and Removal of Substances

The Minister of the Environment may add a substance to the Watch List:

• When the Ministers suggest being added to the Watch List after a Part 5 CEPA assessment
• When a review of a determination made by another jurisdiction under subsection 75(3) that the Ministers believe is grounded in scientific considerations and pertinent to Canada suggests that the substance has the potential to become hazardous; or When the Ministers evaluate additional information

When deciding whether to add a substance to the Watch List, specific considerations may include:

• the severity or type of effect
• the physical or chemical properties of the substance
• the function and use of the substance
• the environmental fate of the substance
• the potential for increases or changes in current uses and exposures; or
• the potential for future uses and exposures

A material must be taken off the Watch List if it is on Schedule 1 of CEPA or if the Minister no longer believes it to be toxic. Substances will be added to the Watch List after a public consultation process. 

Follow-up Activities

The department may think about future follow-up actions, like performing environmental and biomonitoring to gather information on the presence of substances in wildlife, air, water, or humans, even though adding substances or categories of substances to the Watch List does not impose new rules or limitations.

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