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1999 Report of the Commissioner of the Environment and Sustainable Development

1999 Report—Chapter 3

Exhibit 3.4—Profile of Key Legislation

• Part II of CEPA specifically addresses toxic substances, covering their manufacture, import and use in Canada. The ministers of Environment and Health are jointly accountable for most Part II decisions.
• A substance is defined as "toxic" if it enters or may enter the environment in amounts or under conditions that pose a risk to the environment, to the environment that supports human life, or to human health.
• The Domestic Substances List, a list of 23,000 industrial chemicals in commercial use, is used to determine whether a substance is classified as new to Canada or as an existing substance.
• Substances that are new to Canada are assessed under the New Substances Notification Regulations.
• An existing substance does not require assessment, unless it appears on the Priority Substances List (PSL). The PSL, published by the ministers of Health and Environment, lists the substances to be given priority for assessment to determine whether or not the substance is "toxic" as defined by CEPA .
• If a substance is found to be toxic, consultations are used to determine the best means of managing and reducing the associated risks.
• The CEPA "tool box" for managing toxic substances contains regulations and enforcement practices and non-regulatory approaches, including codes of practice and memoranda of understanding.
• CEPA is applicable where another piece of federal legislation does not provide for environmental protection.

• The PCPA requires the registration and regulation of the import, manufacture and use of pesticides in Canada, referred to as "control products". The PCPA is under the jurisdiction of the Minister of Health and administered through the Pest Management Regulatory Agency.
• Pesticides include fungicides, insecticides and plant growth regulators, as well as antimicrobials such as disinfectants, swimming pool chemicals and wood preservatives.
• Most pesticides are intentionally toxic to the target organisms. Pesticides are formed of the "active" ingredient (the part with the pesticidal effect) and other ingredients such as surfactants, adjuvants, etc. used to augment the effects of the active ingredient. These, too, can be harmful to human health or the environment.
• The PCPA and regulations provide for the evaluation of detailed information on all pesticides prior to their registration and sale. Pesticides are approved based on their "safety, value and merit".
• Risk assessment and risk management are blended during product registration. The risks of a pesticide are managed by means of the instructions on the pesticide label.
• A product must be denied registration in Canada if the Minister of Health finds there to be, "an unacceptable risk of harm to public health, plants, animals or the environment". "Unacceptable risk" is not defined in the legislation, regulations, or any formal document.

• The Fisheries Act is intended to protect fish and fish habitat.
• The Act places a general prohibition on placing deleterious substances in waters frequented by fish, unless under conditions specifically authorized by regulation .
• Deleterious substances are defined as substances deposited directly into water or that are under conditions where they may enter water and affect fish and fish habitat in a negative way. Deleterious substances may include substances considered toxic, including industrial chemicals and pesticides.
• This is a "zero tolerance" approach to deleterious substances in waters frequented by fish, since it does not allow for any "safe" level of a substance to enter these waters.
• Regulations set standards for discharge of effluent into water bodies for six different sectors such as pulp and paper and mining.