by Tammy J. Murphy
On October 28, 2020, two separate Orders regarding Schedule 1, List of Toxic Substances of the Canadian Environmental Protection Act, 1999 (CEPA, 1999) were published in the Canada Gazette, Part II.
Addition of substances to this list allows for the development of risk management strategies, if needed, for substances that are determined to be “toxic,” as per CEPA, 1999. This may be accomplished through the implementation of preventive and/or control actions for any or all phases of that substance’s life cycle. Likewise, substances may be removed from Schedule 1 if further research, additional information, etc. becomes available showing that the substance no longer meets the criteria for inclusion on the list.
SOR/2020-217 added Benzene, 1-chloro-2-[2,2-dichloro-1-(4-chlorophenyl)ethyl]-, also referred to as Mitotane, to Schedule 1 as it meets the criteria for “CEPA, 1999 toxic.” The assessment determined the risk is ecological as Mitotane can cause harm to multiple aquatic species at low concentrations. The other risks include persistence in various media (air, water, soil, sediment) as well as bioaccumulation and biomagnification in aquatic organisms and/or food chains. Subsequent Section 71 surveys determined the use for this substance is as an essential therapeutic drug (prescription drug) and is being imported in limited quantities. As such, currently there is no consideration for “limiting its essential use as a therapeutic drug in Canada.”
Conversely, SOR/2020-218 removed a substance – Benzenamine, N-phenyl-, reaction product with styrene and 2,4,4-trimethylpentene (BNST) – from Schedule 1. BNST was originally added to the list in 2011 as the screening assessment found it was persistent, bioaccumulative and inherently toxic to aquatic organisms. And, at the time, information suggested the quantities potentially released into the environment could be high. However, in 2017, BNST and 13 other substituted diphenylamine (SPDA) substances were assessed as part of the Chemicals Management Plan’s Substance Groupings Initiative. Based on the new information obtained from this assessment, it was concluded that BNST is not considered toxic per CEPA, 1999 and is subsequently removed from Schedule 1.
The full text of both Orders can be found in the respective issue of the Canada Gazette and should be consulted for complete details.
Department of the Environment and Department of Health, Canadian Environmental Protection Act, 1999, “Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999.” Canada Gazette, Part II, 28 October 2020 edition (see pages 2726 to 2735): http://gazette.gc.ca/rp-pr/p2/2020/2020-10-28/pdf/g2-15422
Department of the Environment and Department of Health, Canadian Environmental Protection Act, 1999, “Order Amending Schedule 1 to the Canadian Environmental Protection Act, 1999.” Canada Gazette, Part II, 28 October 2020 edition (see pages 2736 to 2746): http://gazette.gc.ca/rp-pr/p2/2020/2020-10-28/pdf/g2-15422
Canada, Canadian Environmental Protection Act, 1999 (CEPA, 1999), Schedule 1, List of Toxic Substances, Mitotane, BNST
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