Overview: substances of potential concern - the Watch List

In June 2023, the Canadian Environmental Protection Act, 1999 (CEPA) was amended as a result of Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (now SC 2023, ch. 12). The new section 75.1 of the amended CEPA states that "the Minister of the Environment shall compile and may amend from time to time a list that specifies substances that the Minister of the Environment and the Minister of Health have reason to suspect are capable of becoming toxic or that they have determined to be capable of becoming toxic" (the "Watch List"). Substances on Schedule 1 to CEPA cannot appear on the Watch List.

The Watch List is a legislated requirement under CEPA. The Watch List seeks to provide greater transparency in the identification of substances of potential concern to interested parties and the public.

The Watch List does not impose any requirements or restrictions on a substance or class of substances. The Minister of the Environment may add a substance to the Watch List when the Minister and the Minister of Health have a reason to suspect it is capable of becoming toxic, or if it has been determined it to be capable of becoming toxic.

The Minister of the Environment and the Minister of Health have published the proposed Watch List Approach for public comment. It describes processes and considerations associated with adding and removing substances from the Watch List. Comments received will be considered in the finalization of the Approach. The Watch List Approach is planned to be published by the end of 2025. Substances will be considered for addition to the Watch List according to the Approach and published in the CEPA Registry soon afterward.

Proposed Watch List Approach

The proposed Watch List Approach is available for comment for a 60-day period, ending on December 4, 2024. The Watch List Approach will inform the process and considerations for substances to be included on the Watch List. To participate, please visit the Consulting with Canadians webpage.