COM1152 CEPA AR 2008-09 v2 - Environment and Climate ... · Act, 1999(CEPA 1999) from April 1, 2008, to March 31, 2009. In 2008–2009, the Minister consulted with the National Advisory

Canadian EnvironmentalProtection Act, 1999

Annual Reportfor April 2008 to March 2009

Canadian EnvironmentalProtection Act, 1999

Annual Reportfor April 2008 to March 2009

Cover photo credits: © Corel Corporation 1994; Photos.com 2009

Website: H0Hwww.ec.gc.ca/ceparegistry

Print versionCat. No.: En81-3/2009EISBN 978-1-100-14830-4

PDF versionCat. No.: En81-3/2009E-PDFISBN 978-1-100-14836-6

© Her Majesty the Queen in Right of Canada, represented by the Minister of the Environment, 2010

Aussi disponible en français

http://www.ec.gc.ca/ceparegistry

Canadian Environmental Protection Act, 1999 Annual Report for April 2008 to March 2009

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Foreword

This Annual Report provides an overview of the results achieved under the Canadian Environmental ProtectionAct, 1999 (CEPA 1999) from April 1, 2008, to March 31, 2009.

The publication of this report responds to the statutory requirement to provide annual reports to Parliament onthe administration and enforcement of the Act.

The chapters are organized according to the major parts of CEPA 1999. Each chapter contains introductoryremarks that describe the applicable provisions of the Act followed by a description of the key results achievedunder that part in the reporting period.

This report includes the following mandatory information:

Section 99H1.1 describes the activities of the National Advisory Committee. There were no other committeesestablished under paragraph 7(1)(a) of CEPA 1999 during the reporting period.

Section 100H1.2 describes the activities under the Canada– Ontario Agreement Respecting the Great LakesBasin Ecosystem.

Section 1.3 describes the activities under the Canada– Quebec Administrative Agreement.

Section 101H1.4 describes the activities under the Canada– Saskatchewan Administrative Agreement.

Section 102H1.5 describes the activities under the Canada– Alberta Equivalency Agreement.

Section 103H3.2 provides examples of the types of research initiatives under way and their key contributionsin the reporting period. Environment Canada and Health Canada scientists published numerous reports,papers, book chapters, articles and manuscripts on subjects related to CEPA 1999. This impressive bodyof work appeared in books and scientific journals that are available in libraries and from the publishers.

There were no activities under the international air pollution provisions (Division 6 of Part 7) of CEPA1999 during the reporting period.

There were no activities under the international water pollution provisions (Division 7 of Part 7) ofCEPA 1999 during the reporting period.

Publication in the Canada Gazette

In the table headings, “ draft Notice,” “ final Notice” and “ draft Order” refer to the publication date in theCanada Gazette, Part I, Notices and Proposed Regulations. “ Final Order” refers to the publication date inthe Canada Gazette, Part II, Official Regulations. To learn about the purpose of publication in the CanadaGazette, consult the Canada Gazette URL provided in Appendix A or contact Canada Gazette generalinquiries listed in the same appendix.


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Table of Contents

Executive Summary ............................................................................................................. ix

1 Administration (Part 1) .................................................................................................. 11.1 National Advisory Committee............................................................................................... 11.2 Canada– Ontario Agreement Respecting the Great Lakes Basin Ecosystem............................... 11.3 Canada– Quebec Administrative Agreement ........................................................................... 21.4 Canada– Saskatchewan Administrative Agreement ................................................................. 31.5 Canada– Alberta Equivalency Agreement ............................................................................... 3

2 Public Participation (Part 2)........................................................................................... 42.1 CEPA Environmental Registry .............................................................................................. 42.2 Public Consultations ........................................................................................................... 4

3 Information Gathering, Objectives, Guidelines and Codes of Practice (Part 3) ........................ 53.1 Environmental Quality Monitoring ........................................................................................ 5

3.1.1 National Air Pollution Surveillance Network .............................................................. 53.1.2 Canadian Air and Precipitation Monitoring Network ................................................... 63.1.3 Integrated Atmospheric Deposition Network.............................................................. 63.1.4 Northern Contaminants Program .............................................................................. 63.1.5 Intercontinental Atmospheric Transport of Anthropogenic Pollutants to the Arctic.............. 73.1.6 Global Atmospheric Passive Sampling Study............................................................. 7

3.2 Research............................................................................................................................ 83.2.1 Air......................................................................................................................... 83.2.2 Water................................................................................................................... 103.2.3 Wildlife................................................................................................................ 143.2.4 Human Health...................................................................................................... 16

3.3 Objectives, Guidelines and Codes of Practice...................................................................... 183.3.1 Environmental Quality Guidelines .......................................................................... 193.3.2 Drinking Water Quality Guidelines.......................................................................... 19

3.4 State of the Environment Reporting ................................................................................... 203.5 Gathering and Reporting of Pollution and Greenhouse Gas Information................................. 20

3.5.1 National Pollutant Release Inventory...................................................................... 203.5.2 Greenhouse Gas Emissions Reporting Program........................................................ 21

4 Pollution Prevention (Part 4) ........................................................................................ 224.1 Pollution Prevention Plans................................................................................................. 22

4.1.1 Mercury Releases from Mercury Switches in End-of-life Vehicles.............................. 224.1.2 Base Metal Smelters and Refineries, and Zinc Plants .............................................. 224.1.3 Textile Mills that Use Wet Processing..................................................................... 224.1.4 Nonylphenol and its Ethoxylates Contained in Products ........................................... 234.1.5 Inorganic Chloramines and Chlorinated Wastewater Effluents................................... 234.1.6 Wood Preservation Facilities .................................................................................. 234.1.7 Dichloromethane .................................................................................................. 234.1.8 Acrylonitrile.......................................................................................................... 24

4.2 Pollution Prevention Awards .............................................................................................. 244.3 Canadian Pollution Prevention Information Clearinghouse.................................................... 24


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5 Controlling Toxic Substances (Part 5) ............................................................................ 265.1 Existing Substances.......................................................................................................... 26

5.1.1 Risk Assessment................................................................................................... 265.1.2 Risk Management ................................................................................................. 28

5.2 New Substances ............................................................................................................... 295.3 Export of Substances ........................................................................................................ 31

6 Animate Products of Biotechnology (Part 6).................................................................... 326.1 Existing Substances.......................................................................................................... 326.2 New Substances ............................................................................................................... 32

7 Controlling Pollution and Managing Waste (Part 7) .......................................................... 337.1 Disposal at Sea................................................................................................................. 33

7.1.1 Disposal at Sea Permits ........................................................................................ 337.1.2 Disposal Site Monitoring Program .......................................................................... 33

7.2 Control of Movement of Hazardous Waste and Hazardous Recyclable Materialand of Prescribed Non-hazardous Waste for Final Disposal................................................... 34

8 Environmental Emergencies (Part 8).............................................................................. 36

9 Government Operations and Federal and Aboriginal Lands (Part 9)..................................... 37

10 Compliance and Enforcement (Part 10).......................................................................... 3810.1 Designations and Training ................................................................................................. 3810.2 Compliance Promotion ...................................................................................................... 38

10.2.1 Collaboration with First Nations ........................................................................... 3910.2.2 Multi-instrument Compliance Promotion............................................................... 3910.2.3 Activities on Individual CEPA Instruments ............................................................ 39

10.3 Enforcement Priorities ...................................................................................................... 4110.4 Enforcement Activities ...................................................................................................... 41

10.4.1 Enforcement Statistics......................................................................................... 4110.4.2 Environmental Protection Compliance Orders ........................................................ 4310.4.3 Environmental Protection Alternative Measures...................................................... 4310.4.4 Prosecutions and Court Cases............................................................................... 43

10.5 Domestic and International Actions.................................................................................. 43

Appendix A Contacts....................................................................................................... 44

Appendix B List of Acronyms............................................................................................ 45

Appendix C Draft and Final Assessment Decisions of Chemicals Management PlanChallenge Substances .................................................................................... 46


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List of Figures

Figure 1 Visitors to the CEPA Environmental Registry, by month, from 2006– 2007 to 2008– 2009 ..... 4Figure 2 Number of visits to the Canadian Pollution Prevention Information Clearinghouse

(March 2005 (site relaunch) to March 2009) ................................................................... 25Figure 3 Imports and exports of hazardous waste and hazardous recyclable material,

2001– 2008 (tonnes) ...................................................................................................... 35

List of Tables

Table 1 Canadian environmental quality guidelines from April 2008 to March 2009 ....................... 19Table 2 Guidelines and guidance documents for Canadian drinking water quality from April 2008

to March 2009............................................................................................................... 19Table 3 Dichloromethane P2 requirements ................................................................................... 23Table 4 Summary of existing substance assessment decisions published from April 2008

to March 2009............................................................................................................... 27Table 5 Proposed orders adding substances to Schedule 1 of CEPA 1999 from April 2008

to March 2009............................................................................................................... 28Table 6 Significant New Activity Notices for existing substances from April 2008 to March 2009 .... 28Table 7 Regulations from April 2008 to March 2009 .................................................................... 29Table 8 Significant New Activity Notices for new substances from April 2008 to March 2009.......... 30Table 9 Notices of Ministerial Conditions for new substances from April 2008 to March 2009......... 30Table 10 Disposal at sea quantities permitted (in tonnes) and permits issued in Canada

from April 2008 to March 2009 ...................................................................................... 33Table 11 Disposal at sea quantities permitted (in tonnes) and permits issued by region

from April 2008 to March 2009 ...................................................................................... 34Table 12 Hazardous waste and hazardous recyclable material, imports, 2001– 2008 (tonnes) ............ 35Table 13 Hazardous waste and hazardous recyclable material, exports, 2001– 2008 (tonnes)............. 358Table 14 Summary of inspections, investigations and enforcement measures from April 2008

to March 2009............................................................................................................... 41Table 15 Assessment decisions of Batches 1 through 5 under the Chemicals Management Plan

Challenge from April 2008 to March 2009....................................................................... 46


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Executive Summary

This Annual Report provides an overview of the results achieved under the Canadian Environmental ProtectionAct, 1999 (CEPA 1999) from April 1, 2008, to March 31, 2009.

In 2008– 2009, the Minister consulted with the National Advisory Committee on various CEPA 1999initiatives, and reported on actions under three administrative agreements and one equivalency agreement.

The CEPA Environmental Registry continued to provide public access to all CEPA-related initiatives, with anaverage of 79 000 visits each month. There were 30 public consultation opportunities published on theRegistry in the reporting period.

Results were achieved under six key environmental quality monitoring initiatives, such as the National AirPollution Surveillance Network, the Canadian Air and Precipitation Monitoring Network and the NorthernContaminants Program. In 2008– 2009, Environment Canada and Health Canada scientists publishedhundreds of articles, reports and papers. Much of this research is carried out in collaboration with othergovernments, academic institutions and industry, in Canada and abroad. The report provides examples ofresearch activities related to air quality, water, wildlife and human health.

In collaboration with provincial and territorial governments, four environmental quality guidelines for water orsoil, and seven drinking water quality guidelines or guidance documents were finalized in the reporting period.

Public reporting continued in 2008– 2009 through the publication of Canadian Environmental SustainabilityIndicators for air quality, water quality and greenhouse gas emissions; the National Pollutant ReleaseInventory, which provides a publicly accessible inventory of pollutant releases (to air, water and land),disposals and transfers for recycling; and greenhouse gas reports.

In keeping with CEPA 1999’s national goal of pollution prevention, eight pollution prevention planningNotices were in various phases of implementation during the reporting period. Through the CanadianCouncil of Ministers of the Environment, five pollution prevention awards were presented in 2008– 2009to organizations that have shown leadership and innovation in pollution prevention.

In 2008– 2009, significant progress was made on the Challenge program under Canada’s ChemicalsManagement Plan. This program is collecting information on the properties and uses of approximately200 chemical substances that are potentially harmful to human health or the environment, and are highpriorities for action. As of March 31, 2009, requests for information had been launched for 151 substances,and draft or final assessment decisions had been published for 88 of those substances. Of those assessed,27 substances were declared or proposed to be declared toxic under CEPA 1999, with 3 of those substancesslated for virtual elimination. Other types of assessments (draft or final) were conducted on another163 substances. In total, draft or final assessment decisions were published for 251 existing substancesor groups of substances.

Various risk management measures were undertaken in 2008– 2009. Eight substances or groups ofsubstances were proposed for addition to Schedule 1 of CEPA 1999 (the List of Toxic Substances). Noticesof intent to apply Significant New Activity Notices, which require new and future uses of a substance to benotified and assessed, were published for 13 substances and final Orders were published for 148 substances.These substances are no longer in commerce in Canada but have hazardous properties that could affect theenvironment or human health if commercial activity resumes. An additional 534 substances were removedfrom the Domestic Substances List, meaning that these substances are also subject to notification andassessment prior to any manufacture or import. A total of eight regulations were proposed, amended orfinalized in 2008– 2009. Included were final regulations regarding perfluorooctane sulfonate and its salts


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(PFOS), which are found in some water, soil and stain repellents applied to textiles, and polybrominateddiphenyl ethers (PBDEs), which are used as flame retardants. Both of these substances were targeted forimmediate action under Canada’s Chemicals Management Plan.

The Canadian public and environment continued to be protected from the possible risks associated with theintroduction of new substances to the Canadian market. The Ministers conducted 492 assessments of newchemicals or polymers. Of the 492 notifications received, the Minister issued 28 Significant New ActivityNotices and 10 Ministerial Conditions.

Work on animate products of biotechnology continued in 2008– 2009. Guidelines were developed forconducting screening assessments of micro-organisms on the Domestic Substances List. A Technical ExpertGroup provided advice and recommendations on the process. During 2008– 2009, three notifications werereceived for new animate products of biotechnology and Significant New Activity Notices were published fortwo of these substances.

Under Part 7 of CEPA, activities in the reporting period related to disposal at sea, and the import and exportof hazardous wastes and recyclable materials. In 2008– 2009, 96 permits were issued in Canada for thedisposal of 3.79 million tonnes of waste and other matter. Most of this was dredged material that wasremoved from harbours and waterways to keep them safe for navigation. As required by CEPA 1999,monitoring projects were completed on a total of 20 ocean disposal sites in the reporting period.

The Minister implemented the Government’s international obligation as a Party to the Basel Convention onthe Control of Transboundary Movements of Hazardous Wastes and their Disposal through CEPA’s Export andImport of Hazardous Waste and Hazardous Recyclable Material Regulations. In calendar year 2008, importsand exports of these materials were 509 501 and 457 806 tonnes, respectively.

Under the Environmental Emergency Regulations, a total of 5400 facilities had filed Notices of Identificationof Substance and Place as of March 31, 2009. In addition, 2332 facilities have filed notices indicating thatthey have prepared and implemented environmental emergency plans.

Promoting compliance with and enforcing CEPA’s regulations continues to be a priority. In 2008– 2009,the total number of designated CEPA enforcement officers was 167, including 37 officers from theEnvironmental Emergencies Program. Numerous training programs were developed and implemented. Thereport also provides examples of the numerous compliance promotion projects undertaken by regional officesto increase the awareness and understanding of the law and its regulations, such as collaboration with FirstNations and workshops on individual CEPA 1999 regulations. Enforcement Officers conducted more than4600 inspections during the reporting period, and more than 75 investigations were in various stages ofdevelopment. Enforcement measures included 145 Environmental Protection Compliance Orders, amongother measures.


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1 0BAdministration (Part 1)

Part 1 of CEPA 1999 requires the Ministersto establish the National Advisory Committee,composed of one representative for the federalMinister of the Environment and one for thefederal Minister of Health, representatives fromeach province and territory, and not more thansix representatives of Aboriginal governmentsfrom across Canada.

Part 1 allows the Minister of the Environmentto negotiate an agreement with a provincial orterritorial government, or an Aboriginal people withrespect to the administration of the Act. Part 1also allows for equivalency agreements, whichsuspend federal regulations in a province orterritory that has equivalent regulatory standards.

1.1 National Advisory CommitteeThe National Advisory Committee advises theMinisters on actions taken under CEPA 1999,enables national, cooperative action, and seeksto avoid duplication in regulatory activity amonggovernments. The Committee also serves asthe single window into provincial and territorialgovernments, and representatives of Aboriginalgovernments on consultations and offersto consult.

To carry out its duties in 2008– 2009, the NationalAdvisory Committee participated in one face-to-face meeting, eight conference calls, and ongoingcorrespondence among members throughout theyear. Federal initiatives brought to the Committeefor discussion included

implementation of Canada’s ChemicalsManagement Plan including risk assessmentand risk management activities for Batches 1through 9 of the Challenge;

the federal government’s RegulatoryFramework for Air Emissions;

development of motor vehicle fuel efficiencyregulations for Canada, and the federal agendaon cleaner vehicles, engines and fuels;

status of the CEPA 1999 Parliamentaryreview; and

other risk management activities, such asdeveloping, amending or repealing regulations;pollution prevention plans; guidelines and codesof practice; proposed options for managing risksto the environment and human health; and otherissues related to CEPA 1999.

90Hwww.ec.gc.ca/ceparegistry/gene_info/nac.cfm

1.2 Canada–Ontario AgreementRespecting the Great LakesBasin Ecosystem

Since 1971, Canada and Ontario have workedtogether through the Canada– Ontario AgreementRespecting the Great Lakes Basin Ecosystem. Thisagreement, most recently renewed in June 2007,guides the efforts of Canada and Ontario inachieving a healthy, prosperous and sustainableGreat Lakes Basin ecosystem for present andfuture generations and is the mechanism formeeting Canada’s obligations under the Canada–U.S. Great Lakes Water Quality Agreement. TheAgreement comprises 13 goals, 37 results and183 specific commitments in four priority areas:

designated Areas of Concern (AOCs) in theGreat Lakes Basin;

harmful pollutants;

lake and basin sustainability; and

coordination of monitoring, research andinformation.

The Areas of Concern Annex (Annex 1 of theAgreement) comprises two goals: Goal 1 is tocomplete priority actions for delisting four AOCs(Nipigon Bay, Jackfish Bay, Wheatley Harbour andSt. Lawrence River, Cornwall). In 2008– 2009,remedial actions in the four Goal 1 AOCs nearedcompletion with the main outstanding actionsfor delisting being upgrades to sewage treatmentplants in the Nipigon and St. Lawrence areas. Theobjective of Goal 2 is to make significant progresstoward Remedial Action Plan implementation,environmental recovery and restoration of beneficialuses in the remaining 11 AOCs. Work carried outincluded the cleanup of contaminated sediment,

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the establishment and advancement of contaminatedsediment management strategies, and the deliveryof habitat restoration strategies and projects torestore beneficial uses.

The Harmful Pollutants Annex (Annex 2 of theAgreement) addresses both past (legacy) andongoing sources of pollution in the Great LakesBasin. Annex 2 takes a substance and/or sectorapproach to reducing and preventing releasesthroughout the basin, and seeks to virtuallyeliminate persistent bioaccumulative toxicsubstances. Environment Canada’s effortsunder Annex 2 include actions undertaken bythe Great Lakes Binational Toxics Strategy,which is a collaborative arrangement betweenEnvironment Canada and the U.S. EnvironmentalProtection Agency to achieve progress toward thereduction of persistent toxic substances withinthe Great Lakes Basin. Environment Canada’sefforts under Annex 2 also support the deliveryof Canada’s Chemicals Management Plan.

In 2008– 2009, the Great Lakes BinationalToxics Strategy Stakeholders Forum continuedits work to reduce emissions and releases to theenvironment of Level 1 substances, includingmercury, polychlorinated biphenyls (PCBs),dioxins and furans, hexachlorobenzene andbenzo(a)pyrene. Since the signing of the Strategyin 1997, 13 of the challenge goals establishedfor Level 1 substances by Environment Canadaand the United States Environmental ProtectionAgency have been met. Significant progress hasbeen made toward the remaining four challengegoals. Canada continues to make progress towardreaching the PCB challenge goals outlined in theStrategy, to monitor dioxins in the environment, toinvestigate dioxin data as available, and to look forreductions in uncontrolled combustion sourcessuch as burn barrels. Canada conducted testing ofcertified wood stoves to evaluate emission factorsand completed a Polycyclic Aromatic HydrocarbonSource Apportionment Modeling project. Canadianmonitoring data indicate declining environmentalconcentrations of dioxins, furans, coplanar PCBs,benzo(a)pyrene and hexachlorobenze at Ontario sites.

91Hwww.binational.net

Environment Canada worked to achievecommitments under Annex 3 of the 2007– 2010

Canada– Ontario Agreement Respecting theGreat Lakes Basin Ecosystem to restore beneficialuses in open lake waters through LakewideManagement Plan activities. Stakeholderscontinued to be actively engaged throughparticipation in development and updating ofLakewide Management Plans. Work also continuedtoward a better understanding of the state andtrends in the Great Lakes Ecosystem. EnvironmentCanada worked with universities and othergovernment agencies on many water and wildliferesearch projects. These included implementingcooperative binational monitoring programs insupport of Lakewide Management Plans; draftinga suite of updated indicators for peer review atthe 8th biennial State of the Lakes EcosystemConference, which it hosted in collaborationwith the United States Environmental ProtectionAgency; and drafting the State of the Great Lakes2009 Highlights report.

Additionally, information on emerging contaminantmonitoring and surveillance efforts in the GreatLakes was gathered through Canada’s integratedmulti-media approach to toxics monitoring under theChemicals Management Plan. Canada continued toengage both federal and provincial partners inmonitoring, surveillance and research on emergingharmful pollutants. Canadian monitoring dataindicate declining environmental concentrations ofpolybrominated diphenyl ethers (PBDEs) at Ontariosites. Canadian monitoring data also provided abetter understanding and insight into the basin-widedistribution of perfluorinated compounds. Canadianscientists continued to conduct research on theidentification, prioritization and screening ofchemicals in commerce that may be of concern forfuture assessment, monitoring and surveillance. Asthe understanding of the sources and extent of thechemical problems increases, different approachesare used to address the problems, such as education.

www.ec.gc.ca/ceparegistry/documents/agree/Fin-COA07/toc.cfm

1.3 Canada–QuebecAdministrative Agreement

The governments of Canada and Quebec agreed toa five-year Administrative Agreement Between theGovernment of Quebec and the Government of

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Canada Regarding the Implementation in Quebec ofFederal Regulations Pertaining to the Pulp and Paperand Metal Mining Sectors, which came into force onApril 1, 2007. Under the Agreement, the provinceacts as a “ single window,” collecting data from pulpand paper mills required by the provincial regulationsand federal regulations under the Fisheries Act andCEPA 1999, and sending this data to EnvironmentCanada. The relevant CEPA 1999 regulations arethe Pulp and Paper Mill Effluent Chlorinated Dioxinsand Furans Regulations and the Pulp and Paper MillDefoamer and Wood Chip Regulations. Both levelsof government maintain full responsibility forconducting inspections and investigations, andfor taking appropriate law enforcement measuresto ensure that industry complies with theirrespective requirements.

In 2008– 2009, Environment Canada examinedmore than 700 monthly reports from mills,and federal Enforcement Officers conductedinspections at 20 mills. In 2008– 2009, theAgreement’s Management Committee met twice,on July 17, 2008, and January 29, 2009.

1.4 Canada–SaskatchewanAdministrative Agreement

The Canada– Saskatchewan AdministrativeAgreement for the Canadian EnvironmentalProtection Act has been in force since September1994. It is a work-sharing arrangement coveringcertain provincial legislation and seven CEPA1999 regulations, including two regulationsrelated to the pulp and paper sector, tworegulations on ozone-depleting substancesand three regulations on PCBs.

No prosecutions under these regulations wereundertaken in 2008– 2009. Activities underthe Agreement in 2008– 2009 included

Provincial authorities relayed a total of ninespills of electrical fluids that could havecontained PCBs. Corrective actions includedthe immediate cleanup of the spills, and properdisposal of PCBs and contaminated soils.

The only mill subject to the Pulp and PaperMill Effluent Chlorinated Dioxins and FuransRegulations has been closed and no longer

has a continual effluent discharge. Because ofrain and runoff, in April, July and September2008, the mill owners conducted discharges,which were found to be in compliance.

Environment Canada and the SaskatchewanMinistry of Environment did not conduct anyon-site inspections under the Ozone-depletingSubstances Regulations, 1998; the Storage ofPCB Material Regulations; or the Pulp andPaper Mill Effluent Chlorinated Dioxins andFurans Regulations.

www.mb.ec.gc.ca/pollution/e00s63.en.html

1.5 Canada–AlbertaEquivalency Agreement

In December 1994, the Agreement on theEquivalency of Federal and Alberta Regulationsfor the Control of Toxic Substances in Albertacame into effect. As a result of the Agreement, thefollowing CEPA 1999 regulations, or parts thereof,are no longer applicable in Alberta:

Pulp and Paper Mill Effluent ChlorinatedDioxins and Furans Regulations (all sections);

Pulp and Paper Mill Defoamer and Wood ChipRegulations (sections 4(1), 6(2), 6(3)(b), 7,and 9);

Secondary Lead Smelter Release Regulations(all sections); and

Vinyl Chloride Release Regulations, 1992(all sections).

There are no longer any operating vinyl chlorideplants or lead smelters in Alberta and thereforeno compliance issues to report under the VinylChloride Release Regulations or the SecondaryLead Smelter Release Regulations.

The Canada– Alberta Agreement is currently underreview. Until its renewal, Environment Canada andAlberta Environment continue to work together inthe spirit of the Agreement.

Alberta Environment indicated that there wereno reported violations by the four pulp andpaper mills regulated under the pulp and paperregulations in 2008– 2009.

92Hwww.mb.ec.gc.ca/pollution/e00s61.en.html

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2 1BPublic Participation (Part 2)

Part 2 of CEPA 1999 outlines public participationrequirements under the Act, including theestablishment of an environmental registry,whistleblower protection, and the right of anindividual to request an investigation and pursuecourt action.

2.1 CEPA Environmental RegistryThe CEPA Environmental Registry was launched onEnvironment Canada’s website with the proclamationof CEPA 1999 on March 31, 2000. Since that time,ongoing efforts have been made to increase theRegistry’s reliability and user-friendliness. Thestructure of the Registry continued to evolve duringthe reporting period, as new documents were addedand as improvements were suggested by users.

Figure 1 shows that from 2007– 2008 to2008– 2009, there was a reduction in the numberof visitors to approximately 79 000 per month, adecrease from 163 000 in the previous year.The content of the Registry continues to expandto serve Canadians better and now encompassesthousands of CEPA-related documents andreferences. It has become a primary source of

environmental information for the public andprivate sectors, both nationally and internationally,and has been used as a source of information inuniversity and college curriculums.

In 2008– 2009, the Registry ([email protected])received more than 250 requests for CEPA-relatedinformation. Many of these requests were forinformation on the assessment reports of Batches3 and 4 substances under the ChemicalsManagement Plan Challenge. Other requestsinvolved pollution prevention plans, proposedregulations, guidelines, import of chemicals,biotechnology, permits and the DomesticSubstances List. There was one Notice ofObjection filed in 2008– 2009.

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2.2 Public ConsultationsIn 2008– 2009, there were 30 opportunitiesposted on the Environmental Registry forstakeholders and the public to consult. This is theaverage number usually posted within a given year.

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Figure 1. Visitors to the CEPA Environmental Registry, by month, from 2006–2007 to 2008–2009


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3 2BInformation Gathering, Objectives, Guidelinesand Codes of Practice (Part 3)

Part 3 of CEPA 1999 requires the Minister ofthe Environment to issue environmental qualityobjectives and guidelines, release guidelines andcodes of practice. Under this Part, the Ministerof Health is also required to issue objectives,guidelines and codes of practice with respect tothe elements of the environment that may affectthe life and health of the people of Canada. Part 3also provides for research, information gathering,the creation of inventories and reporting.

3.1 Environmental Quality MonitoringIn Canada, air and water quality monitoring iscarried out through partnerships among provincial,territorial and federal governments; municipalities;universities; air and water associations;environmental groups and volunteers.

3.1.1 National Air Pollution SurveillanceNetwork

The National Air Pollution Surveillance (NAPS)network is a joint federal, provincial, territorialand municipal network established in 1969. It isprimarily an urban network, with nearly 300 airmonitoring stations located in 177 communities.In total, almost 840 instruments, includingcontinuous analyzers, particulate matter monitorsand samplers, are used to provide air qualitymeasurements for criteria air contaminantsand toxic substances. These include polycyclicaromatic hydrocarbons, dioxins and furans, whichare produced through combustion like woodburning, as well as heavy metals, such as arsenic,lead and mercury. In all, more than 340 types ofchemicals are analyzed in samples collected attypical urban NAPS sites, including more than167 volatile organic compounds that contributeto smog formation. Over the years, the networkhas produced one of the longest and mostgeographically diverse air quality databases withthe largest number of pollutants in Canada.

NAPS data are used to report on progress towardachieving the Canada-wide Standards for

Particulate Matter (PM) and Ozone. Ozone andfine particulate matter data are used by theCanadian Environmental Sustainability Indicatorsprogram for its air indicator, while the Canada–U.S. Agreement on Air Quality uses data fordiscussions relating to transboundary pollution.Sulphur dioxide, nitrogen dioxide, ozone, fineparticulate matter and carbon monoxidemeasurements through the NAPS network arealso used by Alberta, Ontario and Quebec to reporton their Air Quality Index, and by EnvironmentCanada and the remaining provinces to report onthe Air Quality Health Index. A large number ofrequests for NAPS data are received each year byEnvironment Canada from other governments,academic researchers and Canadians.

In 2008– 2009, Environment Canada continuedto add new sites and provide analytical support tothe network to improve the capacity to provideinformation on urban air quality and the humanhealth impacts of local emissions. In 2009, NAPScelebrated its 40th anniversary. An informationalbrochure providing trends data was produced todistribute to stakeholders and the public.

Since 1970, lead and sulphur dioxideconcentrations, and particulate matter levels havedecreased by 90%, 96% and more than 50%,respectively, in ambient air. In addition, urbanbenzene concentrations decreased by 76%between 1991 and 2008, while rural benzeneconcentrations decreased by 50% between 1994and 2008. These changes to ambient pollutantlevels resulted from the implementation ofenvironmental regulations and fuel standards thataddressed concerns about the impact of thesesubstances on the health of Canadians. Whileconcentrations of major pollutants have decreasedin the last 40 years, ongoing measurements andresearch on health effects have made it apparentthat pollutants, such as fine particulate matter(smaller than 2.5 microns) and ozone, are still ofconcern. New chemicals are also identified forregulation based on health or environmental risks.As these new priorities are identified, NAPS


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implements methods and procedures to collectdata on these chemicals. This process resultsin a continuously evolving measurement programto track relevant critical air contaminants.Environment Canada is developing andimplementing analytical methods to address theatmospheric science knowledge gaps linked to thechanging characteristics of the volatile and semi-volatile chemicals emitted in ambient air from newvehicle engines that are fitted with novel emissioncontrol technologies and use a wide array ofconventional and renewable fuels.

www.etc-cte.ec.gc.ca/naps/index_e.html

3.1.2 Canadian Air and PrecipitationMonitoring Network

The Canadian Air and Precipitation MonitoringNetwork is a regional/remote monitoring networkthat has been measuring air quality since 1978.There are currently 30 measurement sites inCanada, located in rural areas to provide arepresentative sampling of regional air quality.One site in the United States and another inCanada ensure the comparability of measurementmethods between the two countries. The networkmeasures a wide range of air pollutants, includingseveral toxic substances under CEPA 1999 (e.g.particulate sulphate, gaseous ammonia, nitrate,gaseous sulphur dioxide and nitric acid).

In 2008– 2009, more than 25 000 samples ofall types were analyzed in support of Canadianenvironmental research initiatives. New sitesand additional analytical capacity were added toincrease the capacity of the network to define theimpacts of domestic and international air pollutantemissions on air quality, human health and theenvironment.

www.msc-smc.ec.gc.ca/natchem/particles/n_capmon_e.html

3.1.3 Integrated Atmospheric DepositionNetwork

Mandated by Annex 15 of the Great Lakes WaterQuality Agreement, the Integrated AtmosphericDeposition Network is a binational ventureinvolving Canadian and U.S. agencies that wasestablished in 1990 to monitor trends of non-point

priority toxic pollutant sources in the Great LakesBasin.

The network maintains a monitoring station onthe shoreline of each of the five Great Lakesalong with several additional satellite stations.The monitoring stations provide long-term dataon regionally representative concentrations oftoxic substances in gas, particle and precipitationsamples. Environment Canada operates stationson Lake Huron at Burnt Island and on LakeOntario at Point Petre. Substances monitoredincluded polycyclic aromatic hydrocarbons (PAHs),organochlorine pesticides, including those bannedand in-use, congener-specific PCBs and traceelements. PBDEs were added in early 2008after the network was realigned with Canada’sChemicals Management Plan.

In 2008– 2009, emphasis was placed on continuedmeasurements of priority toxic substances, dataanalysis, and development and refinement ofmethods. An international peer review of theIntegrated Atmospheric Deposition Networkprogram took place in November 2008 at theSociety of Environmental Toxicology and Chemistryconference, and the related reports were publishedin 2008. A final report including recommendationsfor the Integrated Atmospheric Deposition Networkfrom the peer review panel was received.

www.msc-smc.ec.gc.ca/iadn/index_e.html

3.1.4 Northern Contaminants Program

Environment Canada continued atmosphericmeasurements of persistent organic pollutants(POPs) and other priority chemicals in the Arcticthrough the Northern Contaminants Air Monitoring:Organic Pollutant Measurements project, underthe Northern Contaminants Program. Led byIndian and Northern Affairs Canada, the NorthernContaminants Program is Canada’s NationalImplementation Plan for the Arctic Monitoringand Assessment Programme and contributes toCanada’s obligations under the United NationsEnvironment Programme’s Stockholm Conventionon Persistent Organic Pollutants.

In 2008– 2009, data on long-term trends and acircumpolar assessment of spatial distribution ofPOPs contributed to the first Global Monitoring


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Report of the Stockholm Convention. The dataalso formed the basis of a ministerial report tothe Arctic Monitoring and Assessment Programmepresented in January 2009. Air concentration dataon new priority chemicals, including perfluorinatedcompounds and current-use pesticides, measuredat Alert since 2006, started to become availablein 2008– 2009 with the support of Canada’sChemicals Management Plan. This is the firstattempt to measure these chemicals at a HighArctic station, with the goal of continuing themeasurements in order to assess temporal trends.A newly developed flow-through passive air samplerhas been tested at Alert since September 2007,and testing is ongoing. It was designed specificallyfor use in remote regions without electricity, and itcan sample large volumes of air relatively quickly.This sampler has the potential to meet the increaseddemand for more spatially resolved long-term trenddata on atmospheric POPs in the Arctic; theseare needed to assess the effectiveness of theStockholm Convention.

In 2008– 2009, the project to provide atmosphericmeasurements of mercury continued to deliver dataabout atmospheric mercury levels and processes inthe Canadian Arctic. The work conducted throughthis project provides crucial information about keyatmospheric transport, transformation and depositionprocesses of this priority pollutant in the Arctic.

www.ainc-inac.gc.ca/nth/ct/ncp/index-eng.asp

3.1.5 Intercontinental Atmospheric Transportof Anthropogenic Pollutants to the Arctic

This project is one of 44 Canadian-funded projectsand one of 5 projects led by Environment Canada’sscientists under the International Polar Year, which isa large, global, interdisciplinary scientific programfocused on the Arctic and the Antarctic. The projectmeasures POPs and mercury air concentrationssimultaneously in potential source regions alongthe Pacific coasts and in the Canadian, Americanand Russian Arctics. This project is an extensionof the Northern Contaminants Program’s networksfor measurement of atmospheric POPs and mercury.It is a collaboration of a team of scientists fromsix countries, namely Canada, Russia, the UnitedStates, China, Vietnam and Japan.

In Canada, POPs and mercury are measured atstations in Alert, Nunavut, and Little Fox Lake,Yukon. Mercury in air is also measured at Whistler,British Columbia, where measurements took placebetween summer 2007 and spring 2008 and willcontinue until spring 2010. Early results show aircarrying PCBs from different source regions ondifferent days to the Little Fox Lake measurementsite. Researchers are detecting, for the first time,a decrease in annual atmospheric mercuryconcentrations at the Alert site. This project wasalso featured in a youth-generated exhibit, On ThinIce – Youth Respond to International Polar Year,at the Ontario Science Centre, Toronto, from 2008to 2009.

www.ec.gc.ca/api-ipy/default.asp?lang=En&n=8EBD7558-1

3.1.6 Global AtmosphericPassive Sampling Study

The Global Atmospheric Passive Sampling Studyis a global network for monitoring chemicals in theenvironment using simple sampling devices thatrequire no electricity. The network builds on asuccessful two-year pilot study that was initiatedin December 2004 at more than 50 sites locatedon all seven continents. It is a collaborative effortmanaged by Environment Canada scientistsworking with a team of international researchers.The results of the study contribute to Canada’sobligations pursuant to the Stockholm Conventionon Persistent Organic Pollutants under the UnitedNations Environment Programme, and the Protocolon Persistent Organic Pollutants under the UnitedNations Economic Commission for Europe.

In 2008– 2009, data from the network contributedto the first global monitoring report of the StockholmConvention on Persistent Organic Pollutants, whichwas to be presented at the Conference of the Partiesin Geneva in May 2009. The Global AtmosphericPassive Sampling Study measurements were theonly available data for air for some regions andprovided invaluable baseline information thatwill be used to assess effectiveness of controlmeasures. Quarterly sampling at 55 global sitescontinued in 2008– 2009, the fourth samplingyear for this network. Progress was also made onscreening efforts to identify priority pollutants


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associated with the Chemicals Management Planin archived samples.

www.msc-smc.ec.gc.ca/gaps

3.2 ResearchEnvironment Canada and Health Canada scientistspublished hundreds of articles, reports andpapers during this reporting period. The followingexamples illustrate the types and range of researchundertaken in 2008– 2009.

3.2.1 Air

3.2.1.1 Air Quality Research in Support ofthe Clean Air Regulatory Agenda

Air quality research supported by the Clean AirRegulatory Agenda provides coordinated, timely,credible and relevant information to Canadiansand decision-makers about the health risks andenvironmental impacts of current and future levelsof air pollutants through research, monitoring,modeling and scientific assessment.

The program primarily focuses on the pollutantsresponsible for smog, acid deposition and mercurypollution (e.g. sulphur dioxide, nitrogen oxides,volatile organic compounds, particulate matter,ozone and mercury).

Information derived from this program also enablesCanada to track the effectiveness of measures toimprove air quality, such as those implementedunder CEPA 1999; the Canada-wide Standardsfor particulate matter, ozone and mercury; theCanada– United States Air Quality Agreement; andthe United Nations Economic Commission forEurope’s Convention on Long-range TransboundaryAir Pollution.

Activities under the program in 2008– 2009included

The scientific integrity and scope of the long-term environmental target for acid depositionmitigation in Canada (i.e. zero exceedances ofcritical loads) were improved. New informationfrom western Canada and updated informationfor parts of eastern Canada were integratedinto critical load maps for acid deposition.

The adequacy of current targets to promoterecovery of aquatic ecosystems from aciddeposition was assessed by monitoringchemical and biological responses of lakesto reductions in acidifying emissions.

Understanding of exposure of humanpopulations to criteria air pollutants insouthwestern Ontario was increased as a resultof the completion of sophisticated analyses ofair quality data.

Understanding of the factors governing thetransport of ground-level ozone and thesources and composition of particulate matterin ambient air was improved as a result of thecollection of new measurements.

Understanding of exposure of humanpopulations to pollutants from specificsources was improved as a result of newmeasurements of criteria air pollutants inurban areas.

Understanding of the scale and scope ofmercury pollution in Canada was improved asa result of the initiation of new field studies.

New features were added to an air qualitymodel (AURAMS) to improve its capacityto accurately predict future air quality inresponse to changes in air pollutant emissionsand climate.

Understanding of the source– receptorrelationships between air pollutant emissionsand ambient concentrations of fine particulatematter was improved as a result of sourceapportionment studies conducted for fiveCanadian cities and two rural areas: receptormodeling and supporting analysis were appliedto measurement data collected from theNational Air Pollution Surveillance Network’sfine particulate matter speciation program.

3.2.1.2 Air Quality Research in Support ofthe Chemicals Management Plan

Research studies that were undertaken insupport of the Chemicals Management Planin 2008– 2009 included

Investigations were initiated on the levels ofperfluorinated chemicals, PBDEs and otheremerging chemicals in air and related mediato help advance the sampling and analytical


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techniques for these compounds. Workcontinued on the first international studyinvestigating different sampling techniquesfor measuring perfluorinated chemicals. Airsamples were collected at a background fieldsite in Germany continuously over a one-yearperiod (April 2007 to April 2008) using bothactive high-volume samplers (continuous,two-week sample periods) and passivesamplers. The inter-comparison study involvedEnvironment Canada, and three groups fromGermany and the United Kingdom. Resultsshow good consensus for target compoundsamong participating laboratories as well asgood agreement for results on perfluorinatedchemicals for air samples collected by activeand passive air samplers.

In collaboration with researchers at theUniversity of British Columbia, the Universityof Alberta and Health Canada, the Chemicals,Health and Pregnancy Study was initiated toassess human exposure to perfluorinatedchemicals and PBDEs, and links to effects onmaternal hormone levels. Environment Canadascientists focused on the analysis of targetcompounds in indoor and outdoor air samples,dryer lint and house dust employing a diskpassive sampler technique, developed in-house, to collect air samples from 59 homes.Analysis of target chemicals has beencompleted, allowing for the reporting of ionicperfluorinated chemicals for the first timein indoor/outdoor air. Publications are inpreparation (www.cher.ubc.ca/chirp).

An atmospheric modeling study shows thattoxic POPs migrate from their sources in warmlatitudes to the Arctic at a high elevation ofatmosphere. In higher atmospheric levels,lower air temperatures increase the residencetimes of the chemicals and stronger windsdeliver them more efficiently to the Arctic.

The robustness of the long-term trends inconcentrations of legacy and currently usedpesticides in the air over the Great Lakeswas examined. Inter-annual variation in theconcentrations of airborne pesticides exhibiteda good association with climate— the NorthAtlantic Oscillation and El Niño – SouthernOscillation. For legacy pesticides (e.g. alpha-hexachlorocyclohexane), after removing their

long-term decline trend driven by theirdegradation in air and soils, strong climateinfluences were demonstrated through thistime-series research.

Currently used pesticides and legacyorganochlorine pesticides are being measuredin air and water of the Canadian archipelago.Following expeditions to the western archipelagooff Banks Island in May and July 2008,compounds identified in air and/or waterwere chlorpyrifos, dacthal, chlorothalonil,pendimethalin, trifluralin, endosulfan,chlordane, hexachlorocyclohexanes, heptachlorepoxide and dieldrin. Calculations show thatthe atmosphere is a source to water forcurrently used pesticides (i.e. air-to-watertransfer dominates), whereas the legacypesticides are experiencing net water-to-airtransfer (i.e. water is the source to air) or amore balanced air-water exchange that occursin both directions. Other research on currentlyused pesticides is being conducted in Ontariostreams and the Great Lakes.

Research continued to determine aging effectson soil– air exchange of POPs, and developmentof analytical methods for chiral brominatedflame retardants. The bioavailability of POPs insoil has been found to decrease with residueage. Research is examining decreasedaeroavailability, or increased binding to soil,as the chemical ages.

In collaboration with National Research Councilscientists, a study was initiated to establishnew analytical approaches for “ fingerprinting”and monitoring silver isotopes in environmentalsamples. This new analytical technique hasrecently emerged as the leading method fordescribing transport and transformationprocesses of elements in nature.

Development continued on a method foranalyzing platinum-group elements inenvironmental samples resulting from theiruse as main active components in automotivecatalytic converters. Initially, it was believedthat the emitted elements remained in theroadside environment, but recent studies haveshown that fine particles containing platinum-group elements can be transported anddistributed at regional and long-range levels.


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Research continued on a method for analyzingrare earth elements (including most of thelanthanide and actinide series) in environmentalsamples, as rare earth elements are excellenttracers of specific industrial emission sources.These include petroleum-refining operationsthat use fluidized-bed catalytic crackingprocesses, and oil-burning sources such asoil-fired power plants.

3.2.2 Water

3.2.2.1 Pesticides

Research studies on pesticides in 2008– 2009included

Research was conducted to examine theuse of short-term in situ (caging in thefield) exposures using a sensitive freshwatercrustacean (Hyalella azteca) as a tool topredict long-term effects of current-usepesticides in aquatic ecosystems. Resultsshowed significantly decreased survival andacetylcholinesterase activity (an enzyme thatis inhibited by organophosphate and carbamateinsecticides) after one-week exposures tostreams in the Niagara region of southernOntario. Data revealed that organophosphateand carbamate insecticides were detected inthe surface waters at these sites.

Previous monitoring studies across the threePrairie provinces indicated that sevenherbicides (2,4-D, MCPA, dicamba, clopyralid,bromoxynil, dichloroprop and mecoprop) werefound in prairie aquatic ecosystems. Researchwas conducted on the effects of a mix of sevenherbicides, including glyphosate (one of themost popular herbicides used in Canada today),on attached and free-living wetland microbialcommunities in four prairie wetlands. Theseexperiments were conducted on wetlands thathad markedly differing salinities. Severalmolecular and physiological approaches wereused to assess the effects and risks associatedwith this herbicide mixture, using complexmicrobial communities as indicators. Results ofthis study indicate that this herbicide mixturehas the potential to affect energy cycling inprairie wetlands. As well, preliminary resultsindicate that effects of the herbicide mixture

may be dampened considerably in very salineponds. Therefore, highly saline ponds maynot be as vulnerable to herbicide effects asfreshwater ponds.

3.2.2.2 Metals

Research studies on metals in 2008– 2009included

Research was undertaken on models to predicteffects of mixed metals. A metal effectsaddition model, which was developed topredict the chronic toxicity of mixtures ofmetals in environmental samples to an aquaticinvertebrate (Hyalella azteca), was tested at34 sites across Canada.

The bioavailability and toxicity of zinc fromsediments with different chemistries weredetermined for four aquatic invertebrates(Hyalella azteca, Chironomus riparius,Hexagenia spp., and Tubifex tubifex) to derivesediment quality guidelines. Research on thebioaccumulation and toxicity of uranium in anamphipod (Hyalella azteca) from artificiallyspiked and naturally contaminated sedimentswas completed. The relative contributionof cadmium from food and water tobioaccumulation and toxicity was determinedin an amphipod (Hyalella azteca). The impactof the cadmium source (food or water) onthe toxic endpoint (e.g. survival, growth orreproduction) was determined.

3.2.2.3 Municipal Wastewater Effluents

Research studies related to municipal wastewatereffluents that were undertaken in 2008– 2009included

Fathead minnows (Pimephales promelas) wereexposed for one complete lifecycle to municipalwastewater effluent from the HamiltonWoodward plant to identify the effects on fishreproduction. Exposed fish grew well butproduced fewer eggs than control fish. Analysesof municipal wastewater effluent showed thepresence of several pharmaceuticals andpersonal care products. The highestpharmaceutical concentration was thediabetes drug metformin at 70 μg/L. Otherproducts detected above 500 ng/L were


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codeine, naproxen, clarithromycin, ranitidine,ibuprofen, triclosan and azithromycin.

Research evaluated the effects of municipalwastewater effluents on reproductivedevelopment of wild fish populations inCanada, and whether any impacts influencedthe survival of fish populations and altered thefish community structure. The Grand River,Ontario, was selected for these studies, as it isone of the most highly impacted river systemsin the country by municipal wastes. WascanaCreek in Regina was also selected, as duringthe winter low-flow periods, the creek is almost100% treated sewage. This creek does notreceive any other major discharges, making ita simpler model system to understand. As wellas examining impacts on fish growth andsurvival, detailed tests on how the effluentaffected the reproductive potential of fish wereperformed, as previous studies have showneffects in other countries at high effluentconcentrations.

Studies in the Grand River in 2007demonstrated increases in fish abundance anddiversity downstream of wastewater effluentdischarges, when compared with reference fishcommunities with similar habitat characteristics.However, 2008 observations were significantlydifferent from those of 2007. The 2008fish community assessment demonstrateddecreases in the diversity of fish species andabundance immediately downstream of thewastewater discharges. As sampling continuedfurther downstream, species diversity graduallyincreased until the next wastewater dischargewas reached, where species diversity wouldagain drop downstream of the discharge. Thiscorresponded with an increase in the relativeabundance of more tolerant fish speciesdownstream of the wastewater discharges.Water flow rates in the Grand River in 2007reflected the drought situation in southernOntario, and the 2008 flow rates reflectedthe near record rainfall for the region. Thesedifferences in flow rates between years couldcontribute to the differences in fish abundanceand species diversity observed betweensampling periods. Extremes in water levels canhave dramatic impacts on minimum daily

dissolved oxygen concentration, habitatavailability and effluent dilution.

Studies in Wascana Creek over the last twoyears determined that fish populations existimmediately downstream of the sewagedischarge in Regina. However, conditionsfurther downstream are unsuitable for fishsurvival. Detailed studies on reproductivefunction in fish downstream of the discharge,relative to upstream reference fish, arecontinuing.

Investigations were initiated to examine theimmune status of wild freshwater musselschronically exposed to municipal effluents inthe Grand River, Ontario. Mussels collecteddownstream of municipal effluents exhibitedsignificantly higher levels of hemocytephagocytosis activity (immune response)than those collected from the upstream site.Elevated phagocytosis is known to be inducedby metals and elevated bacterial levels, bothof which are found in municipal effluents.These data suggest that chronic exposureto municipal effluents results in immunestimulation in wild mussels.

3.2.2.4 Endocrine-disrupting Substances

Research conducted on potential endocrine-disrupting substances in 2008– 2009 included

A study with colleagues from the Universityof Ottawa was undertaken to determine theimpacts of ethinylestradiol on wild fish.Ethinylestradiol, a birth control ingredient, isdischarged in wastewaters from municipalsewage treatment plants and is known tocause effects in fish at concentrations founddownstream of some wastewater discharges.One of those effects is the stimulation ofproduction (induction) of the egg yolk protein,vitellogenin, in male fish. The conventionalwisdom was that ethinylestradiol would passthrough fish to be readily excreted in bile, asis the case for natural estrogen. However, thestudy showed that bottom-feeding wild fishfrom the impact zone of the St. Clair Riverbioaccumulate ethinylestradiol. Vitellogenin isalso induced in male fish from the same zone.Neither effect was observed in fish from thereference site. Ethinylestradiol is associated


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primarily with municipal sewage treatment planteffluents, which suggests that the Corunnasewage treatment plant is the likely cause of theobserved estrogenic responses in wild fish fromthe Stag Island area of the St. Clair River. Stableisotope analysis suggests that ethinylestradiolbioaccumulation is a result of eating preycontaining ethinylestradiol. This is thefirst report of the bioaccumulation of thepharmaceutical ethinylestradiol in wild fish.

Sediments at Randle Reef, Hamilton Harbour,are highly contaminated with PAHs and metals,as well as various other contaminants. Studiesthere have demonstrated adverse effects in fish,including elevated mortalities and increasedincidences of tumours. However, reproductiveeffects and genetic alterations that could beinherited by future generations of fish have notbeen evaluated. This study exposed sub-adultfathead minnows (Pimephales promelas) tocontaminated water and sediments at RandleReef, Hamilton Harbour, using two approaches.In the first, fish were caged at Randle Reef forsix weeks. In the second, fish were exposed inthe laboratory to whole sediments for threeweeks. Fish from both studies were transferredto clean aquaria and evaluated for reproductiveimpairment immediately following exposure.The study also determined germline mutationrates in fish exposed in the laboratory, usingmicrosatellite DNA markers. Overall, no evidencewas found to support the initial expectationthat fish exposed to the highly contaminatedsediments at Randle Reef would experienceelevated germline mutations and reproductiveimpairment. This finding was unexpected,given the large number of studies that havereported effects following exposure to PAHsand PAH-contaminated sediments, includingsediments contaminated with coal tar.

The study also exposed juvenile rainbow trout(Oncorhynchus mykiss) to the Randle Reefsediments in the laboratory and explored theeffects of the sediment-borne contaminants ondifferential gene expression. More than 140 geneswere isolated that were up- or down-regulatedin the sediment-exposed fish compared withreference fish. The isolated mRNAs were cloned,sequenced and compared with nucleotidesequences from databases of known fish genes.

Over 60 of the mRNA segments isolated wereknown fish genes important in the responseto stressors.

3.2.2.5 Chemicals Management Plan

Research studies undertaken in support ofCanada’s Chemicals Management Plan in2008– 2009 included

Juvenile rainbow trout (Oncorhynchusmykiss) were exposed to the flameretardant tetrabromobisphenol-A bis(2,3 dibromopropylether) under flow-through conditions. This study establishedthe solubility of this substance under the testconditions, developed an extraction methodand confirmed the waterborne concentrationof the test substance.

A method was developed for the synthesis of3-monochloro, 5-monochloro and 3,5-dichloroderivatives of triclosan. Triclosan, anantifungal compound, has been linked to awide range of health effects and is oftendetected in the aquatic environment.

A method was developed for the synthesis ofmono, di, tri and tetrachloro derivatives ofbisphenol A. Bisphenol A, a component in someplastic products, has been shown to pose a riskto the environment and human health.

Fathead minnow (Pimephales promelas)embryos were exposed to two dyes used inCanadian commerce: Acid Blue 80 and DisperseYellow 7. Results showed an interestingpattern of no effect in eggs or newly hatchedlarvae, but lethality to four-day-old fry. Thisdelayed mortality has implications for thelengths of exposures in regulatory fish bioassays.Results will be assessed in collaboration withmeasurement of environmental concentrationsof these dyes in Canadian wastewaters todetermine whether dye levels in the Canadianenvironment pose a threat to biota.

Research on perfluorinated chemicals in theaquatic environment focused on the geographicbreadth of contamination and levels ofexposures. Perfluorinated chemicals were foundat parts per trillion concentrations throughoutthe Arctic with higher concentrations nearrivers and estuaries. An initial survey ofCanadian rivers and streams was completed


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and accepted for publication in the WaterQuality Research Journal of Canada. Thissurvey showed that perfluorooctanesulfonicacid and perfluorooctanoic acid were themajor perfluorinated compounds present,and that highest concentrations were foundin tributaries of Lake Erie and Lake Ontario,and in the St. Lawrence River downstreamof Montréal.

Studies on the long-range transport andphysical-chemical properties of cyclicsiloxanes were conducted, and a methodwas developed for trace analysis of thesesubstances. The analysis is challengingbecause of the ubiquitous use of silicone-based chemicals in consumer and industrialproducts. Preliminary results showed lowlevels of cyclic siloxanes in Arctic air samplescollected at Resolute Bay, Nunavut, confirmingthe potential of these compounds to undergolong-range transport.

Lake sediment cores, glacial ice cores andsurface waters from the Arctic were collectedand analyzed for new or emerging organicchemical contaminants that are a priority forscreening and assessment under CEPA 1999.The use of samples from the Arctic allowsfor assessment of the potential for remoteenvironments to become contaminated.Brominated flame retardants were found to beprominent contaminants in remote Arctic lakesand on the Devon Island ice cap. Among theflame retardants detected, the predominantchemical was decabromodiphenyl ether, awidely used flame retardant. It was recentlyproposed that this chemical be declared“ toxic” according to CEPA 1999. Concentrationsof decabromodiphenyl ether were found to beincreasing both at the ice cap (1995– 2008)and in recent (post-1990) lake sediments.Brominated flame retardants were also detectedin seawater in Barrow Strait (Lancaster Sound)and Rae Strait (near Gjoa Haven) at parts perquadrillion concentrations. Currently usedpesticides (endosulfan, chlorthalonil anddacthal) were detected at low part per trillionconcentrations in the Devon ice cap and inseawater samples.

The extent of groundwater contaminationdischarging to surface water was studied in

three urban streams to test a new samplingmethod involving direct sampling below thestream bed. The sites were located in Angus,Ontario; Amherst, Nova Scotia; and Halifax,Nova Scotia. All three locations had a knownplume of groundwater containing chlorinatedsolvents heading to the streams, which allowedfor testing of the screening methodology. Theknown chlorinated solvent plume was detectedat each location and roughly delineated.

Methods were developed to determine thepresence of polybrominated-chlorinatedbiphenyls in fish. These chemicals can beformed through the combustion of brominatedflame retardants in the presence of chlorine,and also during municipal waste incineration.Analysis of samples of Lake Ontario fishshowed that several polybrominated-chlorinated biphenyls were present at partper trillion levels. These compounds have notbeen reported previously in North Americansamples. Follow-up studies are plannedbecause the biological effects of thesechemicals may be similar to those of PCBsas well as chlorinated dioxins and furans.

Development of methods for the chemicaldetection in the environment of ChemicalsManagement Plan medium-priority compounds(anthracenedione dyes and azo dyes) andemerging compounds (such as antibiotics) wasa key activity. Methods were developed to extractand analyze dyestuffs from aqueous matrices(including wastewater effluent) as well as fromsediments. In addition, Soxhlet and microwave-assisted methods were developed to determineantibiotics in sediments. Researchersdeveloped a method for measuring lowconcentrations of propanedinitrile, [[4-[[2-(4-cyclohexylphenoxy)ethyl] ethylamino]-2-methylphenyl]methylene]- (CHPD), a dye thatwas declared toxic under CEPA 1999 andtargeted for virtual elimination. This newmethod will be used to develop a strategy toensure that CHPD is virtually eliminated fromthe environment. Research into the plausibilityof using micellar-enhanced ultrafiltrationto remove antibiotics from wastewaterdemonstrated that the ultrafiltration techniquesignificantly improved contaminant removal.


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3.2.3 Wildlife

3.2.3.1 Substance-specific Research

Substance-specific research in 2008– 2009included

Monitoring was completed on the long-termtemporal and spatial trends of priority toxicchemicals (e.g. perfluoroalkyl compounds andbrominated flame retardants) and regulatedlegacy compounds (e.g. DDT and PCBs) ineggs of fish-eating seabird bioindicator species(e.g. gulls, puffins and cormorants) and inother selected wildlife in the Arctic, Pacific(particularly in the Strait of Georgia) andAtlantic marine environments as well as theSt. Lawrence River – Great Lakes ecosystem.Conducted in association with internationalcollaborators, the projects obtained informationon the presence, sources, environmentalpathways and effects of these compoundson birds and other species, and their foodwebs. For Great Lakes Herring Gulls (Larusargentatus) and their aquatic food web, theresults show that perfluoroalkyl compounds andbrominated flame retardants are currently in astate of change; depending on the substance,they can show greater or lesser trends in theiramount of residues increasing over time. Forexample increases in PBDE levels have beenlower in recent years. At the same time, newgenerations of contaminant stressors toHerring Gulls are on the rise.

Analyses were completed of essential and non-essential elements in the livers of polar bearscollected from five regions in Canada in 2002,in Alaska between 1994 and 1999, and fromthe northwest and east coasts of Greenlandbetween 1988 and 2000. The analysesshowed that concentrations of most elementsin polar bears did not exceed toxicity thresholds,although cadmium and mercury exceededlevels correlated with the formation of hepaticlesions in animals studied in the laboratory.Geographical trends were observed for a numberof elements in livers, including mercury.

Liver activities of major contaminant-metabolizing enzymes and circulating PCBsand PBDEs (and their hydroxylated analogues)were shown to differ in cohorts of captive west

Greenland sledge dogs exposed to a controland contaminated diet of minke whaleblubber. Dietary, age-related and trans-generational effects were also observed onthe fate of various chlorinated and brominatedorganic contaminants.

The thyroid hormone transport protein,transthyretin, was isolated, cloned andsequenced, and found to be identical betweenHerring Gulls (Larus argentatus) and GlaucousGulls (Larus hyperboreus). In competitivebinding studies with the gull transthyretinand natural thyroid hormones, severalenvironmentally relevant substances anddegradation (metabolite) products were foundto effectively bind to the transthyretin. Thisfinding suggested that environmentallyrelevant hydroxide-containing PCB and PBDEcongeners, and to a lesser extent PCB andPBDE congeners, have a high potential to bephysiologically active in these gull species bydisturbing thyroid hormone transport.

The production and use of non-PBDEbrominated flame retardant alternatives havebeen on the rise. Non-PDBE flame retardantsand isomers of the chlorinated flame retardantDechlorane Plus were detected in eggs collectedfrom 1982 to 2006 from seven Herring Gull(Larus argentatus) colonies in the five GreatLakes. Dechlorane Plus concentrations weregenerally higher after the mid-1990s for allsites. Over the past 25 years, Dechlorane Plusisomers have accumulated in the food web offemale Herring Gulls with subsequent transferduring egg formation.

A study with ringed seals (Pusa hispida)revealed that the concentration and patternof PCBs and the formation of hydroxy andmethylsulfonyl PCB metabolites differedbetween two ringed seal populations. The twopopulations are contrasted by the degree ofcontamination exposure (in this case, thehighly contaminated Baltic Sea and lesscontaminated Svalbard areas).

Studies on the effects and toxicokinetics ofselected brominated flame retardants onAmerican Kestrels (Falco sparverius) being heldin a captive colony were completed. Changes inreproductive success, eggshell thinning andnestling growth were found with dietary or in ovo


15

exposure. The work is being published in thescientific literature and three graduate studentsare completing thesis research.

An ongoing assessment of the impact ofmethylmercury, lake acidity and related stressorson the breeding success of Common Loons(Gavia immer) and other wildlife in easternCanada continued through studies in NovaScotia, Quebec, Ontario and western Canada.

Studies of the toxicity of methylmercuryto developing avian embryos are beingundertaken for a variety of seabird speciesto determine the comparative sensitivities ofthese species to methylmercury exposure andto estimate toxic-effect concentrations.

Investigations of the relationships betweencontaminant levels and parasite load in fish-eating birds (e.g. Double-crested Cormorants[Phalacrocorax auritus] from the Great Lakes)were continued to improve understanding ofhow contaminants and parasites may beinteracting to affect the health of wildlife.

Exposure and effects studies of Bald Eagle(Haliaeetus leucocephalus) nestlingscontinued on the Pacific coast of NorthAmerica. Results showed that exposure ofeagles to PCBs and DDT-related compoundswas highly influenced by trophic level (levelin the food chain) and marine carbon input.However, levels of brominated flame retardantsdid not appear to be influenced by trophiclevel, perhaps suggesting some capability ofthe animals to metabolize those chemicals.

A collaborative study with colleagues in Walesshowed that American (Cinclus mexicanus)and European populations of Dippers wereexposed to different patterns of persistentcontaminants. Exposure of American Dippersto PCBs and brominated flame retardants wassubstantially greater as a result of their feedingon juvenile salmon, compared with theinvertebrate diet of their European counterpart.

3.2.3.2 Methodology

Research on analytical methods in 2008– 2009included

A collaborative study with Norwegian andFaroese scientists was carried out to

investigate whether biochemical markers infree-ranging Northern Fulmars (Fulmarusglacialis) are related to organochlorine levels.There were significant correlations betweenone of the biomarkers and most of theorganochlorine groups in the Canadian birdsstudied.

Tree Swallow (Tachycineta bicolour) colonieswere established at reference and test sites,and methods were selected and refined forwildlife sampling and standard toxicity testing.The methods established will be used forundertaking long-term studies to identify andassess the occurrence and ecological effects ofchemicals found in sewage treatment planteffluents using selected wildlife indicators.

Laboratory analyses of fatty acids in birds andother wildlife continued. Ecological tracers suchas fatty acids were used in combination withother methods (e.g. stable isotopes) to assesshow contaminants, nutrients and pathogensare being transferred to wildlife through foodwebs. This approach provided insight intosources of emerging contaminants (e.g.brominated and fluorinated chemicals) andinto the factors regulating exposure to thesechemicals in wildlife.

Work continued on use of river otter (Lontracanadensis) feces as a non-intrusive samplingmethod, and was expanded to include DNA-genotype measurements, thus allowing theidentification of individual otters. CombiningDNA and contaminant measurements of scatspermitted assessments of otter movementover time and space as well as an assessmentof population characteristics. Results havebeen shared with federal contaminated sitesmanagers, and further studies are under way todetermine whether Victoria harbour, and possiblyVancouver harbour, populations are impacted byresidual contamination of harbour sediments.

Work continued to establish and validate newmethods based on analyses of gene expressioncombined with cultures of neuronal and othertissue types from wild and domestic birds.These new methods aim to assess toxicityof commercial industrial contaminantmixtures, and various individual congenersof polybrominated diphenyls and otherpriority substances.


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3.2.4 Human Health

The following human health studies have contributedor will contribute to risk assessments of chemicalsubstances.

3.2.4.1 Exposure and Biomonitoring

Research on exposure and biomonitoring in2008– 2009 included

The Canadian Health Measures Survey isa national survey carried out by StatisticsCanada, in collaboration with Health Canadaand the Public Health Agency of Canada, tocollect information from Canadians about theirhealth. The survey includes a biomonitoringcomponent to measure human levels ofenvironmental chemicals in a sample thatrepresents the overall Canadian population.A total of 5600 randomly selected Canadiansaged 6– 79 were tested at 15 collection sites.Blood and urine specimens were collectedfrom the participants and analyzed for anumber of substances. This survey will providebaseline data to track trends and allow forcomparisons with sub-populations in Canadaand with other countries. The results willalso help to focus future research effortson the links between exposure and health,and provide information to guide action bygovernments. Biomonitoring data from the firstcycle of the survey, conducted from 2007 to2009, will be released in July 2010. Thesecond cycle of the survey is currently underway and includes children aged 3– 5.

Two migration studies were conducted onbisphenol A. The first migration study,completed in March 2008, investigatedselected brands of polycarbonate baby bottles.The test results were considered in the finalscreening assessment report for bisphenol Areleased in October 2008. The secondmigration study in September 2008 evaluatedselected brands of non-polycarbonate babybottles and baby bottle liners, and the testresults were published in a peer-reviewedjournal in June 2009. Bisphenol A has alsobeen measured in house dust samples throughthe Health Canada Canadian House DustStudy.

A national survey of contaminants in Canadiandrinking water is under way. This three-yearstudy is examining levels of disinfection by-products, both new and regulated, and selectedemerging contaminants in Canadian drinkingwater. Sixty water treatment plants anddistribution systems are being sampled acrossCanada. More than 100 water quality parametersand contaminant concentrations are beingdetermined for each location. The results willprovide updated exposure data to be used in thepreparation and update of the Guidelines forCanadian Drinking Water Quality.

Studies are under way on dermal absorptionof substances being assessed under theChemicals Management Plan. Skin is a majorroute of entry to the human body for manysubstances, especially those in consumerproducts such as cosmetics. As a result, it isimportant to understand how chemicals aretransported from the outer surface of the skinto internal layers and blood circulation. Thisknowledge is especially important when trying todetermine what types of chemicals Canadiansare exposed to, and how these may affect humanhealth. This project is establishing routine testmethods to measure the dermal absorption ofchemicals that have been identified as having apriority for human health, which will allow formore accurate estimates of exposure levels.

A national indoor air survey of chemicals ismeasuring selected priority chemicals inCanadian residential indoor air. Indoor airsamples are being collected and analyzedin a randomly selected national sampleof Canadian homes, whose occupants areparticipating in the Canadian Health MeasuresSurvey. At the same time, outdoor (ambient)air concentrations from selected major citiesand rural areas are being determined in thesampling sites of Environment Canada’sNational Air Pollution Surveillance Networkto generate baseline information for targetchemicals in these areas.

Research is under way to examine dietaryexposure estimates of young children toemerging POPs and plasticizers. Foodsfrequently consumed by infants and youngchildren are being analyzed for contaminants,including perfluorinated compounds, PBDEs


17

and bisphenol A. The outcomes of this studywill complement other ongoing Health Canadabiomonitoring projects that are measuring thesame chemicals in blood and human milk.This study will provide needed informationon children’s exposure to more short-livedcontaminants that are rapidly excreted, suchas bisphenol A, whose long-term exposure isnot well-characterized by measurements inblood or other biological matrices.

3.2.4.2 Hazard Identification

Research on hazard identification in 2008– 2009included

Ongoing studies examined the toxicity ofchemical mixtures by determining interactionbetween components of the mixtures on boththe development of long-term neurobehaviouralfunction and glucose control, as well as changesin tissue residue levels in both parent animalsand offspring as a function of co-exposure tochemicals.

A rodent study was completed to assess theimpact of dieting and the severity of dietregimen on the mobilization of lipophiliccontaminants from fat stores in adult rodents.

A chronic swine study was completed toassess the bioavailability of lead from soil andthe potential cardiotoxicity of chronic exposureto lead in soil. Parallel in vitro bioaccessibilitystudies using the same lead soil were alsoconducted by collaborators.

Several projects have addressed thedevelopmental toxicity of endocrine-disruptingsubstances. Studies funded through theChemicals Management Plan to examine themolecular targets of endocrine-disruptingsubstances have progressed to the developmentof rapid in vitro methods for identifyingsubstances with thyroid hormone disruptingpotential.

In vivo and in vitro studies are being conductedto investigate mode and mechanism ofactions of priority substances (e.g. mixturesof endocrine disrupters) under the ChemicalsManagement Plan. In vivo studies are beingconducted in rodents to identify the criticalperiod of development (in utero and/or thepostnatal periods) sensitive to endocrine

disruption caused by two different mixturesadministered alone or in combination.

3.2.4.3 Mechanistic Studies

To identify new biomarkers of exposure and healtheffects, and explain the molecular mechanisms oftoxicity, scientists use genomics and proteomicsmethodologies to support regulatory activities. Thisresearch work has led to discoveries of relevantbiomarkers of exposure, susceptibility and healthoutcomes of exposure to a toxicant or toxicants,including endocrine disruptors. For example,studies were conducted in 2008– 2009 to

develop a greater mechanistic understandingof processes within cells that produce geneticinstability in certain repetitive DNA sequencesacross generations of germline and somaticcells in response to chemical exposure, inorder to develop improved tools to identifyand predict the hazards of environmentalexposures;

enhance the scientific understanding ofadverse health effects associated withexposures to complex particulate matrices,including dust, vehicular emissions, silicaparticles, carbon black, cigarette smoke,cannabis smoke and engineered nanoparticles,by assessing mutagenic effects and geneexpression changes in response to controlledlaboratory and/or in situ exposures;

develop proteomic and metabolomic methodsallowing the identification of biomarkers of airpollutant toxicity, for example, from ozone orvarious airborne particulate materials.

3.2.4.4 Population Studies

Human population studies in 2008– 2009included

Epidemiological studies were conducted toevaluate the relationship between populationexposure to air pollution and mortality, hospitaladmissions, emergency room visits, cancerincidence and infant health. Epidemiology panelstudies were undertaken, using indoor, outdoorand personal air-pollutant exposure monitoringtechniques, to assess children’s exposure tosource-specific pollutants, and the relation totheir cardiovascular and respiratory outcomes.


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Ongoing refinement and use of the Air QualityBenefit Assessment Tool continued to estimatehealth benefits of proposed air pollutionreductions. Methodologies for the analysis oflife expectancy and quality-of-life impactsof ozone and particulate matter were beingdeveloped and will be applied to the tool.A study was undertaken to develop riskestimates specific to the most highlysusceptible segments of the population.New health endpoints, such as pregnancyoutcomes, were also studied.

The Maternal– Infant Research on EnvironmentalChemicals is a national, multi-partner, five-year study recruiting 2000 pregnant womenduring the first trimester of pregnancy.The pregnant women are followed throughpregnancy and up to eight weeks after birth.This study is measuring the extent to whichpregnant women and their babies are exposedto environmental chemicals; assessing whatpregnancy health risks, if any, are associatedwith exposure to heavy metals (lead, mercury,cadmium, arsenic and manganese); andmeasuring the levels of environmentalchemicals and some of the beneficialcomponents (nutritional and immuneconstituents) of breast milk.

A Canadian study is evaluating the importanceof sources of lead exposure, such as drinkingwater in contact with lead service lines, dustand paint, by comparing Canadian childrenaged 1– 5 living in areas served by lead servicelines, with children of the same age living insimilar homes served by non-lead pipes.

A biomonitoring study focusing onenvironmental lead exposure in childrenfrom pre-1970s housing in St. John’s,Newfoundland and Labrador, is under way.This study is measuring lead exposure (bloodlead levels) in young children living in a rangeof housing ages in St. John’s. Concurrentmeasurement of residential lead levels inthe sample households will permit anevaluation of exposure sources.

A study on plastics and personal care productsused during pregnancy is recruiting 80 pregnantwomen from the Ottawa area and collectingmultiple maternal urine samples, detailedconsumer product/food packaging diaries,

infant urine and meconium (earliest stools),and breast milk. Meconium is being evaluatedas a potential matrix for measuring in uteroexposure. Biospecimens are being analyzed forphthalates and their metabolites, bisphenol A,triclosan and triclocarban.

3.2.4.5 Air Quality Health Impacts

Air quality human health studies in 2008– 2009included

Collection of baseline data for a range of airpollutants typically found in residences wascompleted for the Regina indoor and outdoorair quality study. Participant reports werecompleted and distributed, and data analysiscontinues. A similar collaborative study wasinitiated in Halifax to collect baseline data fora range of air pollutants, including particulatematter, ozone, nitrogen dioxide, volatileorganic compounds, formaldehyde, carbonmonoxide, dust and fungal contaminants.

Spatial monitoring of air pollutants was initiatedin Ottawa, Hamilton and Windsor, andcompleted in Winnipeg, to provide baselineinformation required to develop methodologiesto investigate specific industrial sector sources.

Monitoring results previously obtained in theWindsor study under the Border Air QualityStrategy are being used to develop methodsof spatial analysis to estimate the Canadianpopulation’s exposure to source-specific airpollutants more precisely.

Analysis of results continued for the Windsorexposure assessment study and the Torontocase control study for asthmatic children.The east Montréal panel study to examine thepersonal exposure of asthmatic school childrenwas initiated, with fieldwork to be completed in2009– 2010. The Montréal congestive heartfailure study that monitors patients commencedin 2008 and will continue to March 2011.

3.3 Objectives, Guidelinesand Codes of Practice

Under CEPA 1999, both the Minister of theEnvironment and the Minister of Health shall issueenvironmental quality objectives, environmental


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quality guidelines, release guidelines, and codesof practice.

3.3.1 Environmental Quality Guidelines

Environmental quality guidelines specifyrecommendations in quantitative or qualitativeterms to support and maintain particular uses ofthe environment, such as protection of aquaticlife, and land uses, including agricultural,industrial, commercial and residential/park land.

Table 1 lists the environmental quality guidelinesthat were published or were being developedthrough the Canadian Council of Ministers of theEnvironment in 2008– 2009. The protocol to developwater quality guidelines was extensively revisedand updated. In September 2008, the CanadianCouncil of Ministers of the Environment revised itspublication policy and made electronic versions of allCanadian Environmental Quality Guidelines availablewithout cost from their website.

Table 1. Canadian environmental quality guidelinesfrom April 2008 to March 2009

Guideline Published In Progress

Water • 1,4-Dioxane (industrialsolvent)

• Chlorpyrifos(organophosphorusinsecticide)

• Organic waste andfeed deposits onbottom sedimentsfrom aquacultureoperations

• Alcohol ethoxylates*(covering 32substances)

• Cadmium• Carbaryl*• Chlorinated paraffins• Cobalt• Cyanide/cyanates• Endosulfan*• Glyphosate*• Nitrate• Pentachlorophenol• Uranium• Zinc

Soil • PAHs (16 substances) • N-Hexane• Nickel• Zinc

* In partnership with industry

http://ceqg-rcqe.ccme.ca

On April 19, 2008, the Minister of Health publisheda draft human health science assessment forinhaled manganese and a proposed health-basedreference concentration for manganese in air.This reference concentration represents theconcentration to which the general population,

including sensitive subgroups, can be exposed fora lifetime without appreciable harm.

3.3.2 Drinking Water Quality Guidelines

Drinking water quality guidelines are establishedby the Federal– Provincial– Territorial Committee onDrinking Water; they are published by the Ministerof Health under section 55 of the Act. Theyestablish maximum acceptable concentrationsof contaminants in drinking water. When aformal guideline is deemed not necessary by thecommittee, guidance documents may be publishedinstead to provide advice and guidance on issuesrelated to drinking water quality.

Table 2 lists the technical and guidancedocuments that were published or in progressin 2008– 2009.

Table 2. Guidelines and guidance documents forCanadian drinking water quality fromApril 2008 to March 2009

Published In Progress

Guideline Technical Documents

• Chlorite• Chlorate• Haloacetic acids

• 1,2-dichloroethane• 2-methyl-4-chlorophenoxyacetic

acid (MCPA)• Ammonia• Benzene• Carbon tetrachloride• Chlorine• Chromium• Dichloromethane• Enteric viruses• Fluoride• Nitrate/nitrite• N-nitrosodimethylamine (NDMA)• Protozoa• Radiological characteristics• Selenium• Tetrachloroethylene• Vinyl chloride

Guidance Documents

• Potassium from watersofteners

• Chloral hydrate indrinking water

• Issuing and rescindingboil water advisories

• Issuing and rescindingdrinking water avoidanceadvisories in emergencysituations

• Controlling corrosion in drinkingwater distribution systems

• Heterotrophic plate counts

www.hc-sc.gc.ca/ewh-semt/pubs/water-eau/index-eng.php#guidance


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3.4 State of the EnvironmentReporting

State of the environment reports and environmentalindicators provide Canadians with information andknowledge about current environmental issues,and establish reliable scientific trend data thatsupport informed policy and decision-making.

Canadian Environmental Sustainability Indicatorsfor air quality, water quality and greenhouse gasemissions were released on a new website inMarch 2009. The air quality indicators trackground-level ozone and fine particulate matter,two key components of smog that are among themost widespread air pollutants. CESI supportshundreds of monitoring stations to produce theindicators, in particular supporting more than450 water quality sites. The water quality indicatormeasures the extent and severity of water pollutionby tracking a wide range of substances in wateracross Canada. The greenhouse gas indicator tracksCanada’s greenhouse gas emissions. Findingsprovide important context for the Government’sactions on clean air, clean water and climatechange.

Key national results from 2008 include

Air quality — Nationally, ground-level ozoneexposure increased approximately 11% from1990 to 2006, but the increasing trend inannual ozone exposures has slowed in recentyears. No trend was detected in fine particulatematter exposure from 2000 to 2006.

Water quality — From 2004 to 2006, waterquality in southern Canada for the protectionof aquatic life was rated as excellent at24 sites (6%), good at 159 sites (42%), fairat 113 sites (30%), marginal at 68 sites(18%) and poor at 15 sites (4%).

Greenhouse gases — Emissions in 2006 were22% higher than in 1990. Emissions peakedin 2004 at 743 megatonnes and thendeclined by 3% from 2004 to 2006.

The Canadian Environmental SustainabilityIndicators website was redesigned in 2008– 2009to make it more relevant and accessible toCanadians by

presenting the information in a more conciseand less technical manner by answering keyquestions about each issue;

linking indicator results to their key socialand economic drivers, as well as to how theyare influenced by individual or householdbehaviour;

including the ability to view and search forlocal or regional information on a map and, forthe first time, to compare Canada’s performancewith that of other G-8 countries; and

providing easier navigation to find keyinformation related to the three mainindicators of air quality, water quality andgreenhouse gases.

www.ec.gc.ca/indicateurs-indicators/default.asp?lang=En

3.5 Gathering and Reporting ofPollution and Greenhouse GasInformation

3.5.1 National Pollutant Release Inventory

The National Pollutant Release Inventory (NPRI) isCanada’s legislated, publicly accessible inventoryof pollutant releases (to air, water and land),disposals and transfers for recycling. The NPRIincludes information reported by industrialfacilities, and comprehensive emission summariesand trends for key air pollutants in Canada. Theinventory is an important source of information foridentifying, assessing and managing risks to theenvironment and human health. Public accessto the NPRI motivates industry to prevent andreduce pollutant releases, and improves publicunderstanding about pollution and environmentalperformance in Canada.

The following publications were released in2008– 2009:

2006 Air Pollutant Emissions Data andUpdated Trends (April 2008);

Final Report of the National Pollutant ReleaseInventory Multi-Stakeholder Work Group onSubstances 2008 (August 2008);


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Reporting Facilities’ and Data Users’ Views onthe National Pollutant Release Inventory: FinalReport (June 2008); and

Reviewed NPRI facility data for 2007 waspublished in December 2008, includingNPRI 2007 Highlights, a 2007 Facility DataSummary, resources for accessing NPRIfacility data in various formats, and frequentlyasked questions.

www.ec.gc.ca/inrp-npri

3.5.2 Greenhouse Gas EmissionsReporting Program

This reporting program lays the foundation forthe development of a single domestic mandatorygreenhouse gas reporting system to meet thegreenhouse gas reporting needs for all jurisdictionsand to minimize the reporting burden for bothindustry and government. The program’s main

objectives are to provide Canadians with timelyinformation on these emissions, to enhance thelevel of detail in the National Greenhouse GasInventory, to support the development ofgreenhouse gas regulations for large industrialemitters, and to meet provincial and territorialrequirements for information on these emissions.The data are collected under three acts: byEnvironment Canada under CEPA 1999, byStatistics Canada under the Statistics Act, andby Alberta Environment under the Climate Changeand Emissions Management Act.

In 2008– 2009, the Overview of the Reported2007 Greenhouse Gas Emissions was releasedon December 22, 2008. Key data tables and adynamic search tool to query the reported datawere also made available.

www.ec.gc.ca/pdb/ghg/ghg_home_e.cfm


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4 3BPollution Prevention (Part 4)

Part 4 of the Act provides the authority for theMinister of the Environment to require thepreparation and implementation of pollutionprevention plans. The Act also provides theauthority for the establishment of a nationalpollution prevention information clearinghouseto facilitate the collection, exchange anddistribution of information about pollutionprevention. Authority is also provided to createan awards program to recognize significantachievements in the area of pollution prevention.

4.1 Pollution Prevention PlansThe provisions within Part 4 of the Act allow theMinister of the Environment to require designatedpersons to prepare, implement and report onpollution prevention plans for toxic substances.Pollution prevention planning Notices provide theflexibility for industry to determine the best methodswithin their processes and activities to meet therisk management objective within the Notice.

While there were no new pollution prevention(P2) planning Notices published in 2008– 2009,there were eight P2 planning Notices affecting229 facilities across Canada, and managing18 substances found on Schedule 1.

93Hwww.ec.gc.ca/planp2-p2plan

4.1.1 Mercury Releases from MercurySwitches in End-of-life Vehicles

This Notice applies to certain vehiclemanufacturers and steel mills, and requirespreparation of a P2 plan by July 2008. The riskmanagement objective is to reduce releases ofmercury to the environment through participationin a mercury switch management program. Thefirst interim progress reports were submitted inJanuary 2009 and the results are being analyzed.

4.1.2 Base Metal Smelters and Refineries,and Zinc Plants

This Notice applies to 11 facilities. Nine of thesefacilities are also subject to 2008 and 2015

annual limit targets for air releases of sulphur dioxideand particulate matter. In addition, one of the ninefacilities is subject to a 2008 annual limit target formercury, and another facility is subject to a 2008annual limit target for dioxins and furans.

In 2008– 2009, the Minister received annualinterim reports from the facilities. Analysis ofthe 2006 and 2007 data submitted by facilitiesindicates the following:

Sulphur dioxide — Six out of nine facilitiesreported discharges that were lower than their2008 targets.

Particulate matter — Six out of nine facilitiesreported discharges that were lower than their2008 targets.

Mercury — The facility subject to a 2008target reported releases that were greater thanthe 2008 target.

Dioxins and furans — The facility subject toa 2008 target reported releases that weregreater than the 2008 target.

4.1.3 Textile Mills that Use Wet Processing

As of March 31, 2009, 63 facilities had indicatedthat they had prepared and were implementing P2plans that take into consideration the followingtwo objectives:

reduce the annual use of nonylphenol andnonylphenol ethoxylates by at least 97% by2009, relative to the annual use in 1998; and

reduce the toxicity of effluent to a maximumacute toxicity of 13% IC50 (50% inhibitingconcentration) by 2009.

Analysis of interim progress reports indicate thatuse of nonylphenol and nonylphenol ethoxylatesdropped by 95.4% by 2005. By 2006, allfacilities reported using, in total, less than 700 kg,surpassing the objective established in the P2planning Notice, for a total reduction of 99.7%.Toxicity tests performed in 2006 revealed thatonly 22% of facilities were successful at that time.However, the majority of facilities indicated thatthey intend to meet the toxicity objective by 2009.

http://www.ec.gc.ca/planp2-p2plan


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4.1.4 Nonylphenol and its EthoxylatesContained in Products

This Notice applies to certain persons or facilitiesthat manufacture or import soap and cleaningproducts, or processing aids used in the wet textileindustry or pulp and paper industry. Phase 1 setsa reduction target of 50% from base year levels(typically 1998), of the total mass of nonylphenoland nonylphenol ethoxylates used in themanufacturing of products or imported annually.Phase 2 sets a target of 95% reduction frombase year levels of the total mass used in themanufacturing of products or imported annually.

As of March 31, 2009, 72 facilities had declaredthat they had prepared and were implementing aP2 plan. In 2006, interim progress reports werereceived along with five submissions declaring thattheir facility had fully implemented their P2 plan.Analysis of these reports indicates that the annualuse of nonylphenol and nonylphenol ethoxylates inmanufacturing was reduced to 0.80 million kg in2006 (a 63% reduction from 1998 base year) andimports were reduced to 0.23 million kg in 2006(an 81% reduction from 1998 base year).

4.1.5 Inorganic Chloraminesand Chlorinated Wastewater Effluents

This Notice applies to owners or operators ofcertain wastewater systems. The risk managementobjective is to achieve and maintain aconcentration of total residual chlorine that is lessthan or equal to 0.02 mg/L in the effluent releasedto surface water by December 15, 2009.

As of March 31, 2009, 84 facilities had declaredthat they had prepared and were implementing aP2 plan. Four of the 84 facilities declared thatthey had already fully implemented their P2 plan.The remaining facilities have until June 15, 2010,to implement their P2 plans.

4.1.6 Wood Preservation Facilities

This Notice applies to wood preservation facilitiesthat use inorganic arsenic compounds, hexavalentchromium compounds, polychlorinateddibenzodioxins, polychlorinated dibenzofuransor hexachlorobenzene. The risk managementobjective is to reduce releases of these substancesto the lowest achievable levels by applyingor achieving equivalence with certain bestmanagement practices.

The five facilities that were named in the Noticewere required to prepare and implement a P2 planby March 2006. As of March 31, 2009, three ofthe facilities had declared that they had fullyimplemented P2 plans. The other two facilitiesclosed their operations.

4.1.7 Dichloromethane

A total of 38 facilities from 5 different industrysectors prepared and implemented pollutionprevention plans in response to this Notice.Table 3 identifies the overall objectives ofthe Notice as well as the targeted sectors,the deadlines for implementation and thecorresponding risk management objectives.

Table 3. Dichloromethane P2 requirements

Sectors Deadline forImplementation

Risk Management Objective

Overall objective 01-Jan-07 Reduce annual release by 85% from 1995 base year level

Adhesives formulation 31-Dec-05 70% reduction of uses

Aircraft paint stripping, including the stripping ofaircraft components

31-May-08 80% reduction of annual releases

Flexible polyurethane foam blowing 31-May-08 100% reduction of annual releases

Industrial cleaning 31-May-08 80% reduction of annual release and 100% elimination of uses forcleaning the mixing chamber low-pressure injection molding machines

Pharmaceuticals and chemical intermediatesmanufacturing and tablet coating

31-Dec-05 80% reduction of annual releases


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Final results indicated that releases were reducedby 93% compared with 1995 levels, therebyexceeding the overall objective. More specifically,the Notice resulted in reductions in uses ofdichloromethane from 900 000 kg in 1995 to60 000 kg by the end of the P2 plan implementationperiod. These reductions were achieved throughthe replacement of dichloromethane withalternatives, the reformulation of products andother pollution prevention methods.

4.1.8 Acrylonitrile

This Notice requires facilities that manufacturesynthetic rubber to reduce the releases ofacrylonitrile to the lowest possible level.

One facility falls under the Notice and fullyimplemented their P2 plan in 2006. The facilityreduced fugitive releases by 89%, and storage orhandling releases by 82%, from a base year of1996. The facility continued to control emissionsbelow 2006 levels until 2008 when acrylonitrileemissions ceased as the nitrile rubbermanufacturing unit in the plant was closed.

4.2 Pollution Prevention AwardsEnvironment Canada participates in the CanadianCouncil of Ministers of the Environment PollutionPrevention Awards Program, which recognizesorganizations that have shown leadership andinnovation in pollution prevention. The five awardrecipients in 2008 were

MicroBusiness Category — Awarded toLOGical Creations Ltd. from Airdrie, Alberta,for their TREECYCLE program.

Medium Business Category — Awarded toSteelcase Canada from Markham, Ontario, for

reducing the use and releases of toxicsubstances within their processes.

Organization/Institution/Group Category —Awarded to two recipients: the North YorkGeneral Hospital in Toronto, Ontario, for theirGreen Team Initiative; and the UniversityHealth Network in Toronto, Ontario, for theirEnvironmental Management System.

Greenhouse Gas Reduction Category —Awarded to the Cogeneration Facility Operatedby Hamilton Renewable Power Incorporated atthe Woodward Avenue Wastewater TreatmentPlant for their impressive reductions ingreenhouse gas emissions.

www.ccme.ca/ourwork/pollution.html?category_id=134

4.3 Canadian Pollution PreventionInformation Clearinghouse

The Canadian Pollution Prevention InformationClearinghouse is a public website that wasdeveloped in 1998 to provide comprehensiveinformation and tools for Canadians to strengthentheir capacity to prevent pollution.

In 2008– 2009, 180 new records were added tothe clearinghouse and the number of visits levelledoff to an average of 15 000 visits each month. Theclearinghouse continues to be an important tool forthe public, industry and youth when researchingpollution prevention techniques, case studies andresources. Efforts to promote the clearinghousecontinue through website links, articles andnewsletters.

www.ec.gc.ca/cppic


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Figure 2. Number of visits to the Canadian Pollution Prevention Information Clearinghouse(March 2005 (site relaunch) to March 2009)


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5 4BControlling Toxic Substances (Part 5)

Part 5 of the Act includes specific requirementsfor the assessment and management of substancescurrently existing in commerce (substances on theDomestic Substances List) or being released to theenvironment in Canada and substances that arenew to Canada.

CEPA 1999 introduced a requirement for theGovernment to sort through, or “ categorize,” thesubstances on the Domestic Substances List(DSL). The categorization process identifiedsubstances that

were suspected to be inherently toxic tohumans or to the environment, and arepersistent (take a very long time to breakdown) and/or bioaccumulative (collect in livingorganisms and end up in the food chain); or

present the greatest potential for exposure toCanadians.

As a result of the September 2006 completionof the categorization exercise, the Ministersidentified approximately 19 000 substancesthat needed no further action at that time andapproximately 4300 chemical substances thatneeded further attention, such as screeningassessments, research, or measures to controlthe use or release of the substance. These4300 substances are being managed under theGovernment’s Chemicals Management Plan, whichwas launched in December 2006. Activities underthe Chemicals Management Plan include riskassessment, risk management, research andmonitoring/surveillance.

5.1 Existing SubstancesThrough the Existing Substances Program, theMinisters jointly identify, prioritize, assess and

manage the risks resulting from exposure toexisting substances, which are listed on the DSL.Note that the DSL includes mostly chemicals butalso includes about 45 living organisms (all micro-organisms); reporting on living organisms isincluded in Part 6 of this report.

www.chemicalsubstanceschimiques.gc.ca

5.1.1 Risk Assessment

Through the Challenge under the ChemicalsManagement Plan, the Government committed toaddress the 200 highest priority substances.These 200 substances have been divided up intoa number of smaller groups or “ batches” thatare being addressed sequentially. Each batch ofsubstances in the Challenge progresses throughvarious information-gathering, screeningassessment, management and regulatorystages. Every three months, a batch of 12 to20 substances is launched by publishing thenames of these substances in the Canada Gazette,Part 1, for a six-month call for information.

As of March 31, 2009, 9 of the 12 batches underthe Chemicals Management Plan Challenge had beenlaunched, and draft or final assessment decisionshad been published for the 88 substances inBatches 1 through 5. Appendix C lists theassessment decisions for individual substancesin Batches 1 through 5.

Other types of risk assessments were alsoconducted on various other existing substances. In2008– 2009, draft or final assessment decisionswere published for a total of 251 existingsubstances or groups of substances, includingthose under the Challenge. 196HTable 4 provides asummary of these decisions.


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Table 4. Summary of existing substance assessment decisions published from April 2008 to March 2009

(NFA = no further action; PSL1 = First Priority Substances List; PSL2 = Second Priority Substances List; SNAc = Significant NewActivity Notice; VE = virtual elimination)

Substance orNumber ofSubstances

BatchLaunch

Date

Type ofAssessment

Meets s.64Criteria

Proposed Measure Draft Notice Final Notice

15 Chlorinated paraffins n/a PSL1 follow-up Yes Add to Schedule 1 forall and VE for some

30-Aug-08

145 Substances on theDSL but no longer incommerce

n/a Rapid screening No SNAc and NFA 7-Jun-08

Aluminum chloride,aluminum nitrate andaluminum sulphate

n/a PSL2 No NFA 7-Feb-09

Decabromodiphenylether

n/a Ecological State ofthe Science

Yes (already onSchedule 1)

Consider whendeveloping new

measures for PBDEs

28-Mar-09

15 Substances 3-Feb-07 Screening – Batch 1 Yes for 9 substances;no for 6 substances

Add to Schedule 1 for9 substances,

including VE for1 substance; NFA for

6 substances

5-Jul-08

17 Substances 12-May-07 Screening – Batch 2 Yes for 9 substances;no for 8 substances

Add to Schedule 1 for9 substances,

including VE for1 substance; NFA for

8 substances

17-May-08,23-May-08

and 19-Apr-08

18-Oct-08 and31-Jan-09

19 Substances 18-Aug-07 Screening – Batch 3 Yes for 4 substances;no for 15 substances

Add to Schedule 1 for4 substances; NFA for

15 substances,including SNAcs for

4 substances

23-Aug-08 7-Mar-09

18 Substances 17-Nov-07 Screening – Batch 4 Yes for 3 substances,including 1 for VE; no

for 13 substances;screening

assessments neededfor 2 substances

24-Jan-09

19 Substances 16-Feb-08 Screening – Batch 5 Yes for 2 substances;no for 17 substances

Add to Schedule 1 for2 substances; NFA for

17 substances,including SNAcs for

2 substances

21-Feb-09

18 Substances 31-May-08 Screening – Batch 6

14 Substances 31-Aug-08 Screening – Batch 7

14 Substances 31-Jan-09 Screening – Batch 8

17 Substances 14-Mar-09 Screening – Batch 9

Another key element of the ChemicalsManagement Plan is the Petroleum SectorStream Approach, which includes approximately160 petroleum substances that are consideredhigh priority. These substances were set asidefrom the Challenge process. In 2008– 2009, datawere collected on toxicology, environmental fate,

exposure, manufacture, import and use. Screeningassessments of the petroleum substances havecommenced and information has been collectedon existing regulatory and non-regulatory toolsfor these substances to inform any additionalmeasures that may be needed.


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5.1.2 Risk Management

5.1.2.1 Addition of Substances to Schedule 1

Table 5 lists the substances or groups ofsubstances that were proposed to be added toSchedule 1 of CEPA 1999 (the List of ToxicSubstances) in 2008– 2009. No substanceswere added to Schedule 1 from April 2008to March 2009.

Table 5. Proposed orders adding substances toSchedule 1 of CEPA 1999 from April 2008to March 2009

Substance Draft Order

1,2-Benzenediol 20-Sep-08

1,4-Benzenediol 20-Sep-08

15 Chlorinated paraffins 30-Aug-08

Ethyloxirane 20-Sep-08

Methyloxirane 20-Sep-08

Naphthalene 20-Sep-08

Propanedinitrile, [[4-[[2-(4-cyclohexylphenoxy)ethyl] ethylamino]-2-methylphenyl]methylene]-

20-Sep-08

Toluene diisocyanates (three substances) 20-Sep-08

5.1.2.2 Significant New Activity Notices

In 2008– 2009, Notices of Intent to applySignificant New Activity Notices were publishedfor 13 substances and final Orders were publishedfor 148 substances (Table 6). A person whointends to use, manufacture or import any of thesesubstances for a significant new activity inquantities exceeding 100 kg/year must provideprescribed information to assess the substanceprior to its use, manufacture or import.

5.1.2.3 Changes to the Domestic Substances List

By Ministerial Order published on June 25, 2008,534 substances were deleted from the DSL,as they did not meet the statutory criteria forinclusion in the List. On the same date, 531 of the534 substances were added to the Non-domesticSubstances List, as they were in commercialuse in other countries. This means that thesesubstances will be subject to the New SubstancesNotification Program if any person intends tomanufacture or import any of these substances.The Minister also indicated the Government’sintent to delete another 483 substances fromthe DSL.

Table 6. Significant New Activity Notices for existing substances from April 2008 to March 2009

Substance Draft Notice Final Order

145 Persistent, bioaccumulative and inherently toxic substances but no longer in Canadian commerce 25-Jun-08

1-Propanaminium, 3-[[4-[(2,4-dimethylphenyl)amino]-9,10-dihydro-9,10-dioxo-1-anthracenyl]amino]-N,N,N-trimethyl-, methyl sulfate

23-Aug-08 18-Mar-09

2-Butanone, 4-[[[1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-1-phenanthrenyl]methyl](3-oxo-3-phenylpropyl)amino]-, [1R-(1α,4aβ,10aα)]-

24-Jan-09

9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated, potassium salts 24-May-08

9,10-Anthracenedione, 1-[(5,7-dichloro-1,9-dihydro-2-methyl-9-oxopyrazolo[5,1-b]quinazolin-3-yl)azo]- 23-Aug-08 18-Mar-09

9,10-Anthracenedione, 1-amino-4-(phenylamino)- 23-Aug-08 18-Mar-09

Adenosine, N-benzoyl-5'-O-[bis(4-methoxyphenyl)phenylmethyl]-2'-deoxy- 24-Jan-09

Amines, C18-22-tert-alkyl, ethoxylated 24-Jan-09

Benzamide, 3,5-dichloro-N-(3,4-dichlorophenyl)-2-hydroxy- 24-Jan-09

Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl) bis(imino-4,1-phenyleneoxy)]bis-,disodium salt

24-May-08

Benzenesulfonic acid, 2,2'-[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt

24-May-08

Benzoic acid, 2-[(3,5-dibromo-4-hydroxyphenyl)(3,5-dibromo-4-oxo-2,5-cyclohexadien-1-ylidene)methyl]-,ethyl ester

24-Jan-09

Ethanol, 2-[[4-[(2,6-dichloro-4-nitrophenyl)azo]phenyl]methylamino]- 21-Feb-09

Ethanol, 2-ethoxy-, acetate 7-Mar-09


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5.1.2.4 Regulations

Table 7 lists the proposed and final regulationspublished under Part 5 of CEPA 1999 in2008– 2009. These include final regulationsregarding perfluorooctane sulfonate and its salts,and polybrominated diphenyl ethers, which weretargeted for immediate action under Canada’sChemicals Management Plan.

5.2 New SubstancesSubstances that are not on the DSL are consideredto be new to Canada. New substances may not bemanufactured in or imported into Canada unlessthe Minister has been notified with certainprescribed information, and the potential riskto the environment and human health hasbeen assessed, or the period for assessing theinformation has expired. Note that new substancesinclude living organisms; reporting on livingorganisms is included in Part 6 of this report.

In 2008– 2009, 492 new substance notificationswere received pursuant to the New SubstancesNotification Regulations (Chemicals and

Polymers). Of the 492 notifications received,the Minister issued 28 Significant New ActivityNotices (Table 8), 10 Ministerial Conditions(Table 9) and no prohibitions.

Of the 492 notifications, 53 related to chemicalsor polymers intended solely for use in Foodand Drugs Act products. In 2008– 2009, oneSignificant New Activity Notice and three requestsfor additional information were published inrelation to these substances.

In 2008– 2009, Health Canada co-sponsored aworkshop on pharmaceuticals and personal careproducts in the Canadian environment. Theworkshop assessed the current state of Canada’sanalytical science research on these products ingovernment, academia and industry laboratories.The principal focus of the workshop was to helpstandardize analytical methods in Canada, set apriority list of pharmaceuticals and personal careproducts for monitoring, and develop a Web portalthat government, academia and industry can useto collaborate, communicate, increase processefficiencies and exchange knowledge.

Table 7. Regulations from April 2008 to March 2009

Regulation Draft Notice Final Order

PCB Regulations 17-Sep-08

Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations 11-Jun-08

Polybrominated Diphenyl Ethers Regulations 9-Jul-08

Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List 6-Sep-08 4-Feb-09

Regulations Amending the Federal Halocarbon Regulations, 2003 5-Jul-08

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations 26-Apr-08

Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations 26-Apr-08

Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations 26-Apr-08


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Table 8. Significant New Activity Notices for new substances from April 2008 to March 2009

Substance Final Notice

1,2-Propanediol, 3-amino-, dialkyl derivatives 10-May-08

1-Hexadecanol, manuf. of, distn. lights 24-Jan-09

2,4,7,9-Tetramethyl-4,7-decanediol 10-Jan-09

2-Propenoic acid, 2-hydroxyethyl ester, telomere with 2mercaptoethanol, polyalkyleneglycol acrylate, polyalkyleneglycol polyacrylateand 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-propenoate

29-Nov-08

2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with polyalkyleneglycol acrylate 29-Nov-08

Aliphatic alkyl diester of succinic acid 28-Feb-09

Alkanes, C14-16 22-Nov-08

Alkanoic acid, dihydroxy-,2-alkyl esters 19-Jul-08

Benzoic acid, 2-hydroxy-, 2-butyloctyl ester 14-Feb-09

Carbamic acid, [(butylthio) thioxomethyl]-, butyl ester 24-Jan-09

Cobalt lithium manganese nickel oxide 24-Jan-09

Fatty acids, tall-oil, reaction products with alkylamine and 2-propenoic acid 1-Nov-08

Ferrate(1-), bis[3,5-bis(1,1-dimethylethyl)-2-(hydroxy- kO)benzoato(2-)- kO]-, hydrogen 27-Dec-08

Lithium cobalt manganese nickel oxide 21-Feb-09

Methanone, [1,1'-biphenyl]-4-ylphenyl- 18-Oct-08

Oxirane, 2,2'-[(1-methylethylidene)bis[4,1-phenyleneoxy[1-(butoxymethyl)-2,1-ethanediyl]oxymethylene]]bis- 6-Dec-08

Oxirane, 2-methyl-, polymer with oxirane, ether with 1,2,3-propanetriol (3:1), tris[N-[methyl-3-[[(nonylphenoxy)carbonyl]amino]phenyl]carbamate]

10-May-08

Phosphoric acid, iron(2+) lithium salt (1:1:1) 10-Jan-09

Polyfluoro acrylate, polymer with chloroethene 29-Nov-08

Polyfluoro acrylate, polymer with chloroethene 29-Nov-08

Propanenitrile, 3-[[4-[2-(4-nitrophenyl)diazenyl]phenyl] (substitutedmethyl)amino]- 19-Apr-08

Silane homopolymer, hydrolysis products with magnesium hydroxide 24-Jan-09

Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-, hydrolysis products with silica 6-Sep-08

Substituted 2-Propenoic acid, 2-methyl-, alkyl ester, polymer with alkylaminoalkyl 2-methyl-2-propenoate, 2-hydroxyethyl 2-methyl2-propenoate, and perfluoroalkylethyl 2-methyl-2-propenoate, acetate (salt)

16-Aug-08

Substituted silylated resorcinol, reaction products with trimethoxysilanesilica hydrolysis products 9-Aug-08

Supramolecular complex of di(bisalkylsulfosuccinate) barium salt with barium hydrogen phosphate (2:1) 11-Oct-08

Thioimidodicarbonic acid ((HO)C(O)NHC(S)(OH)), C,C'-dibutyl ester 12-Jul-08

Tin titanium zinc oxide 24-Jan-09

Table 9. Notices of Ministerial Conditions for new substances from April 2008 to March 2009

Substance Final Notice

Amide of 3-(trimethylaminium)-1-propylamine, chloride salt 4-Oct-08

Amines, alkyl, compounds with 2-mercapto-dialkyl-1,3,2-dioxaphosphorinane 2-oxide (1:1) 17-May-08

Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- 4-Oct-08

Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- 4-Oct-08

Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- 3-Jan-09

Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- 3-Jan-09

Benzene, 1,1'-(1,2-ethanediyl)bis(2,3,4,5,6-pentabromo)- 19-Apr-08

Butanamide, 3-oxo- 20-Sep-08

Hydroxyfatty acid, (9Z, 12R)-homopolymer, 3-(dimethyl amino) propylamide, di-Me sulphate-quaternized 17-May-08

Poly(oxy-1,2-ethanediyl), α-[3-[1,3,3,3-tetramethyl-1-[(trimethylsilyl) oxy]disiloxanyl]propyl]-ω-hydroxy- 8-Nov-08


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5.3 Export of SubstancesThe Act allows the Minister to establish an ExportControl List containing substances whose export iscontrolled because their manufacture, importand/or use in Canada are prohibited or severelyrestricted or because Canada has agreed, through

an international agreement, such as the RotterdamConvention, to control their export. The Ministercan also make regulations regarding substancesspecified on the Export Control List.

A total of 57 notices of export were received fromApril 2008 to March 2009.


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6 5BAnimate Products of Biotechnology (Part 6)

The Act establishes an assessment process forliving organisms that are new animate products ofbiotechnology, which mirrors provisions in Part 5of CEPA 1999 respecting new substances that arechemicals or polymers. Part 5 also includes aprovision under 74(b) that requires that all livingorganisms on the DSL (about 45 micro-organisms)undergo a screening assessment.

6.1 Existing SubstancesIn 2008– 2009, through the New SubstancesProgram, the Ministers jointly managed thescreening assessment process for micro-organismslisted on the DSL. Guidelines were finalized andwill be published on the website when approved.The guidelines include a risk assessmentframework guideline, a prioritization guidelinefor DSL living organisms and a guideline forthe external review of the draft screeningassessment reports.

The Technical Expert Group continued to provideadvice on the process and to validate the scientificbasis of screening assessments and theirconclusions. The Technical Expert Group is

composed of independent scientific expertsfrom academia, industry, public advocacy groupsand other federal government departments. In2008– 2009, an annual report highlighting theTechnical Expert Group’s recommendations andthe Government’s response was also produced.

Work continued on planning and refining theapproach for an information gathering noticeunder CEPA 1999 (section 71) to obtain basicinformation on the manufacture, import and use ofDSL micro-organisms. The Technical Expert Groupprovided valuable comments on the information tobe captured through this activity.

6.2 New SubstancesDuring 2008– 2009, three notifications werereceived pursuant to the New SubstancesNotification Regulations (Organisms) for newanimate products of biotechnology. SignificantNew Activity Notices were published for two ofthese substances.


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7 6BControlling Pollution and Managing Waste (Part 7)

Part 7 of CEPA 1999 provides the Minister withauthorities to deal with various substances thathave the potential to harm the environment orhuman health.

7.1 Disposal at SeaThe disposal of waste at sea within Canadianjurisdiction and by Canadian ships in internationalwaters requires a permit issued by the Minister.A permit for disposal at sea will be approved onlyif it is the environmentally preferable option.Incineration at sea is banned except underemergency situations. CEPA 1999 providesadditional controls on disposal at sea, including

a prohibition on the export of a substancefor disposal in an area of the sea under thejurisdiction of a foreign state or in its internalwaters;

a list of six substances that can be disposed ofat sea (Schedule 5 to the Act);

an assessment framework for reviewing permitapplications based on the precautionaryprinciple, which must be followed (Schedule 6to the Act); and

a statutory obligation for the Minister of theEnvironment to monitor selected sites.

www.ec.gc.ca/seadisposal/main/index_e.htm

7.1.1 Disposal at Sea Permits

In 2008– 2009, 96 permits were issued in Canadafor the disposal of 3.79 million tonnes of wasteand other matter, compared with 98 permits forthe disposal of 4.74 million tonnes in 2007–2008. Most of this was dredged material that wasremoved from harbours and waterways to keepthem safe for navigation. The number of permitsissued has remained relatively stable since1995. Less material was permitted for disposalin 2008– 2009 than in 2007– 2008 owing to adecrease in need from several large clients. Therewas a significant drop in the quantity of geologicalmatter permitted for disposal in 2008– 2009 as aresult of the completion of several capital worksfor the 2010 Olympics and a slowing in the

economy. The quantity of dredged materialdisposed of decreased due to a decreased volumeof spring freshets depositing sediments in estuaries.Table 10 lists the number of disposal at seapermits and quantities permitted from 2008to 2009, and Table 11 lists this informationby region.

Table 10. Disposal at sea quantities permitted(in tonnes) and permits issued in Canadafrom April 2008 to March 2009

Material Quantity Permitted Permits Issued

Dredged material 3 113 760* 45

Geological matter 611 000* 4

Fisheries waste 67 985 46

Vessels – –

Organic 200 1

Total 3 792 945 96

* Dredged material and geological matter were converted to tonnes using anassumed density of 1.3 tonnes per cubic metre.

7.1.2 Disposal Site Monitoring Program

CEPA 1999 requires the monitoring of disposalsites to verify that permit conditions were met,and that scientific assumptions made during thepermit review and site selection process werecorrect and sufficient to protect the marineenvironment. In 2008– 2009, monitoring projectswere completed on a total of 20 ocean disposalsites involving fieldwork conducted in the summerof 2007. The fieldwork included site stability andchemical concentration analysis at nine sites inthe Quebec Region, a study of a scrap metalstorage site in the Prairie and Northern Region,and baseline studies at six sites in the AtlanticRegion. In addition to routine monitoring, severalreviews of historical monitoring data wereconducted to better streamline and manage futuredisposal activities. Following an extensive reviewof historical data and the emergence of disposalalternatives, 18 sites were closed in the Pacificand Yukon Region. It is worth noting that one ofthese sites was closed because of the discoveryof a rare cold-water sponge reef in the area.Monitoring data were instrumental in the


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Table 11. Disposal at sea quantities permitted (in tonnes) and permits issued by regionfrom April 2008 to March 2009

Atlantic Quebec Pacific and Yukon Prairie and Northern

Material QuantityPermitted

PermitsIssued

QuantityPermitted

PermitsIssued

QuantityPermitted

PermitsIssued

QuantityPermitted

PermitsIssued

Dredged material* 1 003 860 12 592 800 13 1 517 100 20 – –

Geological matter* – – – – 611 000 4 – –

Fish waste 66 085 42 1900 4 – – – –

Vessels – – – – – – – –

Organic – – – – – – 200 1

Total 1 069 945 54 594 700 17 2 128 100 24 200 1

* Dredged material and geological matter were converted to tonnes using an assumed density of 1.3 tonnes per cubic metre.

development of harbour management plans forCharlottetown, Prince Edward Island, and theSaint John harbour, New Brunswick.

www.ec.gc.ca/seadisposal/reports/index_e.htm#compend

7.2 Control of Movement ofHazardous Waste and HazardousRecyclable Material and ofPrescribed Non-hazardous Wastefor Final Disposal

CEPA 1999 enables the making of regulationsgoverning the export and import of hazardouswaste, including hazardous recyclable materials.The Act also enables authorities to makeregulations on the export and import of prescribednon-hazardous waste for final disposal. The Actrequires exporters of hazardous wastes destinedfor final disposal to submit export reductionplans; and sets out criteria that the Minister mayconsider in refusing to issue an export, import, ortransit permit if the waste or recyclable materialwill not be managed in a manner that will protectthe environment and human health.

Canada implements its international obligation asa Party to the Basel Convention on the Control ofTransboundary Movements of Hazardous Wastesand their Disposal through the Export and Import ofHazardous Waste and Hazardous Recyclable MaterialRegulations made under this Division of the Act.

In June 2008, at the 9th meeting of the Conferenceof the Parties to the Basel Convention, Canada led

a decision on a strategic review of the BaselConvention with the aim of reviewing Parties’capacity to implement the Basel Conventionobjectives, such as ensuring the environmentallysound management of waste.

During the calendar year 0F

1 January 2008 toDecember 2008, the quantity of hazardous wasteand hazardous recyclable material imported intoCanada was 509 501 tonnes (t). This representedan increase of approximately 8% over the total2007 import quantity, which was 470 136 t. Theincrease in the total quantities imported intoCanada during 2008 amounted to 39 365 t, ofwhich about 70% were hazardous recyclablematerials and about 30% were hazardous wastedestined for disposal operations. During 2008,just over 52 200 individual transboundaryshipments of hazardous waste and hazardousrecyclable material were reported in movementdocuments received.

In the case of exports of hazardous waste andhazardous recyclable material out of Canada, theoverall quantities also increased marginally in2008 compared with 2007 figures. In 2007, thetotal quantities of hazardous waste and hazardousrecyclable material exports combined amounted to452 396 t, which increased to 457 806 t in2008. In this instance, there was a slight increasein the quantity of hazardous recyclable materials

1 Export and import quantities set out in Section 7.2 representactual movement values that took place during the 2008calendar year (from January 1 to December 31, 2008). Thesevalues are consistent with Canada’s international reports, whichare all based on the calendar year.


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that were exported, from approximately 352 933 tin 2007 to 354 722 t in 2008. This represents anincrease of 1789 t or approximately a third of theoverall total increase of 5410 t.

During 2008, nearly 4000 notices were processedfor proposed imports, exports and transits ofhazardous wastes and hazardous recyclablematerials. The notices received covered over14 800 individual waste streams, which exhibiteda range of hazardous properties from explosivity,flammability, acute toxicity, corrosivity, dangerousreactivity and environmental hazard.

The annual statistics for internationaltransboundary movements indicate that in 2008,nearly 99.9% of Canadian imports came fromthe United States, with the remainder comingfrom Europe and Mexico as hazardous recyclablematerials destined for metal recovery operations.Shipments destined for recycling, which reducereliance on primary resources and benefit Canadianindustry, represented nearly 49% of all importsin 2008, an increase from 47% in 2007. Usedor spent batteries, metal-bearing waste, used orspent liquors from metallurgical processes, usedlubricating oils and manufacturing residues madeup the majority of imports of hazardous recyclablematerial into Canada. Hazardous waste importsdestined for disposal operations included solidwastes no longer suitable for metal recovery,industrial residues and environmentallyhazardous substances.

Imports of hazardous recyclable materials destinedfor recycling operations in 2008 were shipped tofive provinces. Quebec and Ontario continued toreceive the vast majority of all imports into Canada,with smaller quantities imported into British

Columbia, Alberta and New Brunswick. Thesituation was similar for imports of hazardouswaste for final disposal, with most destinedfor Quebec and Ontario, and relatively smallquantities imported into Alberta, Manitobaand Saskatchewan.

In 2008, exports of hazardous recyclable materialsoriginated from eight provinces, with Ontario andQuebec accounting for 73% of all shipments outof Canada. The bulk of these shipments weresent to authorized environmentally sound facilitieslocated in the northeastern and central UnitedStates. The only two provinces that did not exportany hazardous waste or hazardous recyclablematerials in 2008 were Newfoundland and Labrador,and Prince Edward Island. No exports were madefrom any of the territories.

Figure 3 shows the trends of imports and exports,and Tables 12 and 13 list the quantities importedand exported from 2001 to 2008.

Figure 3. Imports and exports of hazardous waste andhazardous recyclable material, 2001–2008(tonnes)

Table 12. Hazardous waste and hazardous recyclable material, imports, 2001–2008 (tonnes)

2001 2002 2003 2004 2005 2006 2007 2008

Recyclables 237 069 193 318 189 110 200 097 174 983 164 903 220 377 247 763

Total imports 499 758 423 067 417 368 416 136 476 416 408 839 470 136 509 501

Table 13. Hazardous waste and hazardous recyclable material, exports, 2001–2008 (tonnes)

2001 2002 2003 2004 2005 2006 2007 2008

Recyclables 237 872 238 597 205 356 187 986 226 380 374 024 352 933 354 722

Total exports 313 361 340 261 321 294 308 357 327 746 474 538 452 396 457 806


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www.ec.gc.ca/drgd-wrmd

8 7BEnvironmental Emergencies (Part 8)

Part 8 of CEPA 1999 allows for the prevention of,preparedness for, and response to the uncontrolled,unplanned or accidental release of a substancethat poses potential harm to the environment or tohuman health and for the recovery of the releasedsubstance. Part 8 provides the authority forenvironmental emergency plans, regulations,guidelines and codes of practice. CEPA 1999 alsoestablishes a regime that makes the person whoowns or controls the substance liable for restoringthe damaged environment and for the costsand expenses incurred in responding to anenvironmental emergency.

Under the Environmental Emergency Regulations,persons who own or manage any of the174 flammable and other hazardous substancesspecified in Schedule 1 of the Regulations at orabove certain thresholds must provide requiredinformation on the substance quantities andcontainer sizes. Persons meeting both the quantityand container criteria must prepare and implementenvironmental emergency plans. If only one criterion

is met, regulatees are required to submit only aNotice of Identification of Substance and Place.

The environmental emergency plans websiteincludes model plans, a common issues section,and online notice filing and search capabilities.The database provides public access to basicinformation about registered facilities (e.g.company names and addresses).

As of March 31, 2009, a total of 5400 facilitieshad filed Notices of Identification of Substanceand Place. This number represents a 35% increasefrom the last report for 2005– 2006. The five mostcommonly reported substances were propane,anhydrous ammonia, chlorine, n-pentane andgasoline. Ninety-one of the 174 substances on thelist have been reported at least once. In addition,2332 facilities have filed notices indicatingthat they have prepared and implementedenvironmental emergency plans.


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9 8BGovernment Operations and Federal and Aboriginal Lands (Part 9)

Part 9 of the Act provides the authority to makeregulations, guidelines and codes of practice thatapply to departments, boards and agencies ofthe Government of Canada; federal works andundertakings; federal land; Aboriginal land;persons on that land and other persons insofaras their activities involve that land; and Crowncorporations.

In 2008– 2009, Environment Canada worked withpartners and stakeholders to improve wastewatermanagement across Canada, and minimize therisks to human and ecosystem health and fishery

resources from wastewater effluents. OnFebruary 17, 2009, the Canada-wide Strategy forthe Management of Municipal Wastewater Effluentwas endorsed by the Canadian Council of Ministersof the Environment. The strategy sets out aharmonized framework to manage discharges frommore than 3500 wastewater facilities in Canada,many of which are currently in need of repairand upgrading. It provides an agreed-upon pathforward for achieving regulatory clarity for ownersof municipal wastewater facilities, and performancestandards to increase protection for human healthand the environment on a national basis.


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10 9BCompliance and Enforcement (Part 10)

CEPA 1999 provides enforcement officers with awide range of powers to enforce the Act, includingthe powers of a peace officer. Enforcement officerscan carry out inspections to verify compliancewith the Act; conduct investigations of suspectedviolations; enter premises, open containers,examine contents and take samples; conduct testsand measurements; obtain access to information(including data stored on computers); stop anddetain conveyances; search, seize and detainitems related to the enforcement of the Act; secureinspection warrants to enter and inspect premisesthat are locked and/or abandoned or where entryhas been refused; seek search warrants; and arrestoffenders. CEPA analysts can enter premises whenaccompanied by an enforcement officer and canexercise certain inspection powers.

Enforcement officers can select from a wide rangeof responses to alleged violations, includingdirections, tickets, prohibition orders, recallorders, detention orders for ships, EnvironmentalProtection Compliance Orders (EPCOs), injunctionsto stop or prevent a violation, prosecutions andEnvironmental Protection Alternative Measures(EPAMs). Enforcement activities include measuresto compel compliance without resorting to formalcourt action and measures to compel compliancethrough court action. The former are directions,tickets, prohibition orders, recall orders, detentionorders for ships and EPCOs. The latter includeinjunctions, prosecutions and EPAMs.

10.1 Designations and TrainingIn 2008– 2009, the total number of designatedCEPA enforcement officers was 167, including37 officers from the Environmental EmergenciesProgram.

Environment Canada continued the final year of athree-year project to redesign the Basic EnforcementTraining program with a contracted law enforcementtraining facility. In 2008– 2009, the programresulted in 38 newly designated officers with fullenforcement officer powers and 3 emergencyofficers with limited enforcement powers.

In 2008– 2009, two Limited Powers/AnalystDesignation courses were delivered, resulting in

1 newly designated officer with limited powers and20 newly designated CEPA analysts.

Other training accomplishments related to CEPA1999 regulations in 2008– 2009 included

the development and delivery of a course to33 officers on the Storage Tank Systems forPetroleum Products and Allied PetroleumProducts Regulations;

together with the U.S. EnvironmentalProtection Agency, the delivery of a course to56 officers on the Off-Road Compression-Ignition Engine Emission Regulations, the Off-Road Small Spark-Ignition Engine EmissionRegulations and the On-Road Vehicle andEngine Emission Regulations;

the provision of expertise for the developmentof the online course for the Export and Importof Hazardous Waste and Hazardous RecyclableMaterial Regulations;

the provision of expertise for the delivery of acourse to 31 officers on the PCB Regulations;and

the development of a course on the SolventDegreasing Regulations.

10.2 Compliance PromotionCompliance promotion relates to the plannedactivities that are undertaken to increase theawareness and understanding of the law and itsregulations. Through these activities, informationis provided on what is required to comply withthe law, the benefits of compliance and theconsequences of non-compliance.

Numerous compliance promotion activitieswere delivered for new and existing controlinstruments under CEPA 1999 in 2008– 2009.Multiple approaches were used to reach theregulated communities, varying from mail-outsto information sessions, in collaboration withother federal departments, provinces or non-governmental organizations (e.g. Indian andNorthern Affairs Canada, National Defence, theConseil patronal de l’environnement du Québec, the


39

Canadian Chemical Producers’ Association and othermanufacturers’ associations) when appropriate.

10.2.1 Collaboration with First Nations

The Ontario Region implemented a multi-yearproject to improve spill reporting and spillresponse at First Nations communities in Ontario.As part of this project, spill response posters weredeveloped and distributed. To meet the needs ofnon-English-speaking communities, the posterswere translated into Cree and Oji-Cree. Since theinitiation of this project, spill reporting rates byOntario First Nations have improved significantly.

10.2.2 Multi-instrument Compliance Promotion

Environment Canada organizes a number ofmulti-instrument workshops each year to reachregulatees who must comply with more than oneregulation. A multi-instrument workshop wasorganized by the Quebec Region in March 2009, inconjunction with two chemicals sector associations.The half-day workshop provided information ona number of subjects, such as Parts 5 and 6 ofCEPA 1999, the Chemicals Management Plan,the Environmental Emergency Regulations, andthe Ozone-Depleting Substances Regulations, 1998.Nearly 100 people took part in this workshop.

In September 2008, Environment Canada hosteda compliance promotion session in Sydney, NovaScotia, for organizations involved in the SydneyTar Ponds and Coke Ovens remediation project.This session provided the regulated communityand other government organizations with theopportunity to meet with Environment Canada staffand learn about CEPA 1999 and its regulations.Participants were also provided with details onthe responsibilities and authority of EnvironmentCanada’s wildlife and environmental enforcementoffices. Participants included representativesfrom the Sydney Tar Ponds Agency, Public Worksand Government Services Canada, Nova ScotiaEnvironment and the consulting community.

10.2.3 Activities on IndividualCEPA Instruments

Compliance promotion activities on individualCEPA 1999 control instruments in 2008– 2009included the following:

PCB Regulations — Four PCB fact sheets weredeveloped and distributed to the regulatedcommunity in Canada. A promotional toolexplaining the mechanics and functioning ofthe new electronic portal for PCB reportingwas developed and sent to the regulatedcommunity.

Storage Tank Systems for Petroleum Productsand Allied Petroleum Products Regulations —Following the making of these new regulationsin June 2008, compliance promotion officersin the regions initiated a range of compliancepromotion activities. Preparatory work tocreate effective information sessions wasundertaken in 2008– 2009. The informationsessions are designed to assist regulatees inmeeting regulatory obligations and will bedelivered across Canada in the next fiscal year.The information sessions will target federaldepartments (such as the Department ofNational Defence, and Indian and NorthernAffairs Canada) as well as First Nations.

Export and Import of Hazardous Waste andHazardous Recyclable Material Regulations —Several information sessions were held acrossCanada including two in the Pacific and YukonRegion to promote compliance with thespecific requirements in the Regulations forcompanies shipping wastes from Alaskathrough Canadian waters off the west coastof Canada. The sessions were attended byhazardous waste generators, managementcompanies and carriers involved in the transitof hazardous waste from Alaska to mainlandUnited States. Additional activities includeda mass mailing of two brochures.

Tetrachloroethylene (Use in Dry Cleaning andReporting Requirements) Regulations — Amailing containing annual report forms andinformation was sent in February 2009 toregulatees in each region. Under the regulations,regulatees are required to provide an annualreport to Environment Canada. Reminderpostcards were also sent to approximately1800 dry cleaners country-wide.

New substances notification regulations —Environment Canada had a booth at GrowingBeyond Oil, the 5th Canadian RenewableFuels Summit, in the National Capital Region,December 1– 3, 2008. The summit, with


40

over 350 registrants, was attended byrepresentatives of Canadian and internationalindustry, governmental regulators, industryassociations, industry partners and serviceproviders. Numerous information packageswere distributed. In addition, compliancepromotion fact sheets on the New SubstancesNotification Regulations (Chemicals andPolymers) and the New Substances NotificationRegulations (Organisms) were mailed toapproximately 800 regulatees across thecountry, who were identified on the basis ofsector-specific North American IndustryClassification System codes. The OntarioRegion worked with enforcement headquartersto create a pilot version of the New SubstancesNotification E-learning tool for the public,which will be posted on the website.

Environmental Emergency Regulations —The Ontario and Atlantic Regions conductedcompliance promotion site visits to individualregulatees to promote understanding of theRegulations and gain an understanding of thelevel of quality of Environmental EmergencyPlans needed to determine the future directionfor these Regulations. The Quebec Region heldthree technical workshops across the province forindustry, municipalities and other governmentdepartments. The Atlantic Region held anAmmonia and Chlorine Workshop for regulatees.

Notice with respect to reporting of informationon air pollutants, greenhouse gases and othersubstances for the 2008 calendar year — Inspring 2008, several compliance promotioninitiatives were undertaken, resulting in a highresponse rate from all sectors covered by theNotice. An initial assessment of the quality ofthe data submissions was performed in the fallof 2008, which resulted in a first round ofofficial communication with certain companiesby Environment Canada officials to clarifysubmissions of concern and to gather missinginformation.

Notice with respect to reporting of greenhousegases — The compliance promotion activitiesfor this section 46 notice consisted ofcontacting past reporters and potentialreporters through email and the distributionof guidance material. The total number ofreporting facilities climbed from 324 in the

initial reporting year (2005) to 350 in 2008,representing approximately 39% of Canada’stotal emissions.

On-Road Vehicle and Engine EmissionRegulations — A guidance document,Subfleet Averaging and End of Model YearReporting Requirements for On-RoadMotorcycles, was developed in April 2008(www.ec.gc.ca/ceparegistry/documents/regs/NOx781/781_NOx.cfm). The document providesguidance to motorcycle manufacturers andimporters on the subfleet averaging requirementsof the Regulations. In addition, a report waspublished in July 2008, which summarizesthe regulatory requirements, the fleet averagenitrogen oxide emission performance of light-duty vehicle manufacturers and importers (e.g.passenger cars, light-duty trucks), and theoverall Canadian fleet for the 2006 modelbase year (www.ec.gc.ca/ceparegistry/documents/regs/NOx2006/toc.cfm). Aguidance document explaining what isrequired as evidence of conformity for light-duty vehicles subject to the Regulations wasdrafted and consultations were conducted.The draft guidance document, SubmissionRequirements for Evidence of Conformity forLight-Duty Vehicles, Light-Duty Trucks andMedium-Duty Passenger Vehicles in Relationto the On-Road Vehicle and Engine EmissionRegulations Made under the CanadianEnvironmental Protection Act, 1999, wasdistributed to associations representingregulatees as part of specific compliancepromotion activities.

National Pollutant Release Inventory — TheNPRI program updated and published theGuide to Reporting to the NPRI manual inMarch 2009. This guide assists the public inunderstanding and complying with the NPRIreporting requirements for 2008. An NPRIbrochure, National Pollutant Release Inventory2008 – Are you required to report?, wasmailed out to members of the public whomay have to report to the NPRI and waspublished on the NPRI website in March 2009(www.ec.gc.ca/inrp-npri/default.asp?lang=En&n=208A760B-1).


41

10.3 Enforcement PrioritiesIn past years, a National Inspection Plan describedthe inspection activities that would be carried outthat fiscal year under CEPA 1999. In 2008– 2009,the plan was retitled as the National EnforcementPlan and expanded to include investigation andintelligence functions. The number of inspectionscarried out under the plan is supplemented bya large number of inspections resulting fromresponses to spills, complaints, intelligence orother information.

Factors that influence the identification of priorityregulations include the risk to the environmentand human health represented by the regulatedsubstance or activity, compliance rates, new andamended regulations, nature of the regulatoryprovisions, operational complexity and capacity,and domestic and international commitments. In

2008– 2009, the National Enforcement Planidentified the following CEPA 1999 regulations asnational priorities:

Solvent Degreasing Regulations; and

Export and Import of Hazardous Waste andHazardous Recyclable Material Regulations.

A number of other regulations were identified asregional inspection priorities.

10.4 Enforcement Activities

10.4.1 Enforcement Statistics

Table 14 summarizes the inspections,investigations and enforcement measuresundertaken in 2008– 2009.

Table 14. Summary of inspections, investigations and enforcement measures from April 2008 to March 2009

Inspections Enforcement Measures

CEPA Tool

Tota

lIn

spec

tions

Off-s

iteIn

spec

tions

On-s

iteIn

spec

tions

Inve

stig

atio

ns

Writ

ten

War

ning

s

Dire

ctio

ns

Tick

ets

EPCO

s

EPAM

s

Char

ges

Pros

ecut

ions

Conv

ictio

ns

Regulations

Asbestos Mines and Mills Release 12 12

Benzene in Gasoline 149 121 28 1 23

Chlor-Alkali Mercury Release 1 1

Contaminated Fuel 1 1

Disposal at Sea 55 23 32 4 3 4

Environmental Emergency 85 27 58 135

Export and Import of Hazardous Wasteand Hazardous Recyclable Material

694 149 545 9 126 6 3 1

Export Control List Notification 1 1

Export of Substances under the Rotterdam ConventionFederal Halocarbon, 2003 507 321 186 1 151 12

Federal Mobile PCB Treatment and DestructionFuels Information, No. 1 207 198 9 2 4 2 1

Gasoline 55 52 3

Gasoline and Gasoline Blend Dispensing Flow RateInterprovincial Movement of Hazardous Waste 24 11 13 1

New Substances Notification (Chemicals and Polymers) 35 6 29 1 2

New Substances Notification (Organisms) 15 1 14 3

Off-Road Compression-Ignition Engine Emission 12 12 15

Off-Road Small Spark-Ignition Engine Emission 14 2 12 3 19

On-Road Vehicle and Engine Emission 2 2 3


42

Table 14. (Concluded)

Inspections Enforcement Measures

CEPA Tool

Tota

lIn

spec

tions

Off-s

iteIn

spec

tions

On-s

iteIn

spec

tions

Inve

stig

atio

ns

Writ

ten

War

ning

s

Dire

ctio

ns

Tick

ets

EPCO

s

EPAM

s

Char

ges

Pros

ecut

ions

Conv

ictio

ns

Ozone-depleting Substances, 1998 101 52 49 2 10

PCB 253 169 84 1 26 1

PCB Waste ExportPCB Waste Export, 1996Perfluorooctane Sulfonate and its Saltsand Certain Other CompoundsPhosphorus ConcentrationPolybrominated Diphenyl EthersProhibition of Certain Toxic Substances, 2005 1 1

Pulp and Paper Mill Defoamer and Wood Chip 44 35 9

Pulp and Paper Mill Effluent Chlorinated Dioxinsand Furans

111 102 9

Secondary Lead Smelter Release 2 1 1

Solvent Degreasing 51 14 37 1 18

Storage Tank Systems for Petroleum Productsand Allied Petroleum Products

14 5 9

Sulphur in Diesel Fuel 281 192 89 13

Sulphur in Gasoline 104 66 38 1

Tetrachloroethylene (Use in Dry Cleaningand Reporting Requirements)

1032 703 329 8 409 117 3 2 4

Vinyl Chloride Release, 1992 7 7 1

Other Tools*CEPA 1999 – Section(s) 530 246 284 10 87 5 19 3 3

Glycol GuidelinesNational Pollutant Release Inventory 91 65 26 1 51

Section 46 Notices – Greenhouse Gases 64 64 1Section 56 Notices – P2 Plan 47 28 19 7

Section 71 Notices – Toxics 3 2 1 1Total 4605 2665 1940 35 1106 0 4 145 0 27 7 8

Explanatory Notes:

* Includes activities related to enforceable provisions of CEPA 1999.

Number of inspections — The number of inspections for compliance completed during the fiscal year, by regulation.

Number of investigations — The number of investigations started in the fiscal year. The total number of investigations is the number ofinvestigation files started in the fiscal year. An investigation file may include activities relating to another law or to more than oneregulation. Therefore, the total number of investigations shown does not add up to the total number of investigations by regulation.

All enforcement measures (except for prosecutions and EPAMs) are tabulated at the section level of a regulation. For example, if theoutcome of an inspection is the issuance of a written warning that relates to alleged violations of three sections of a given regulation, thenumber of written warnings is three.

Number of prosecutions — The number of regulatees who were prosecuted, regardless of the number of regulations involved.

Number of EPAMs — The number of regulatees who signed EPAMs, regardless of the number of regulations involved.

Additional Statistics:

There were 134 referrals to other federal, provincial or municipal government departments.

Of the 35 investigations started in 2008– 2009, 6 ended in 2008– 2009 and 29 are ongoing. In addition, of 43 investigations startedbefore 2008– 2009, 5 were completed in 2008– 2009 and 37 are ongoing.


43

10.4.2 Environmental ProtectionCompliance Orders

EPCOs may help secure an alleged violator’s returnto compliance, without use of the court system.

In 2008– 2009, 156 EPCOs were issued: 117under the Off-Road Compression-Ignition EngineEmission Regulations and the remaining 39 forviolating various other CEPA regulations.

10.4.3 Environmental ProtectionAlternative Measures

An EPAM agreement is an enforcement tool thatallows for a negotiated return to compliancewithout a court trial. If an EPAM agreement issuccessfully negotiated, it is filed with the courtand is a public document. The agreement mustalso be published on the CEPA EnvironmentalRegistry.

No EPAM agreements were made in 2008– 2009.

10.4.4 Prosecutions and Court Cases

Key prosecutions and court cases in 2008– 2009included the following:

A British Columbia company was ordered topay a penalty of $17,500 ($2,500 fine and$15,000 to the Environmental Damages Fund)after pleading guilty to one count of illegallyimporting hazardous waste in violation ofCEPA 1999.

A Nova Scotia company was ordered to pay apenalty of $10,000 ($2,000 fine and $8,000to the Environmental Damages Fund) afterpleading guilty to illegally disposing of deadslime eels at sea without an ocean disposalpermit.

An Ontario company was convicted on twocounts of violating CEPA 1999 and the Exportand Import of Hazardous Waste and HazardousRecyclable Material Regulations. The companywas fined $5,000 on each count and thetotal fine of $10,000 was directed to theEnvironmental Damages Fund.

10.5 Domestic and InternationalActions

Enforcement-related activities are carried outunder various international and domesticagreements and organizations. In 2008, theCommission for Environmental Cooperation’sEnforcement Working Group began the “ Non-Compliant Imports Entering North America”project, which identifies non-compliant enginessubject to on-road vehicle and engine emissionregulations in member countries (Canada, UnitedStates and Mexico). The project is intended toidentify and respond to non-compliant importsthrough cooperation, information sharing andoperational support and has resulted in theinitiation of several enforcement cases that arecurrently being investigated.


44

Appendix A Contacts

Further information on CEPA 1999 and relatedactivities can be found online at

CEPA Environmental Registry website(www.ec.gc.ca/ceparegistry);

Environment Canada’s website(www.ec.gc.ca); and

Health Canada’s website (www.hc-sc.gc.ca).

Departmental publications are available from thedepartmental library or the nearest regional library.Many departmental publications are also availableonline at 94Hwww.ec.gc.ca/publications or throughEnvironment Canada’s Inquiry Centre:

Inquiry CentreEnvironment Canada351 St. Joseph BoulevardPlace Vincent Massey, 8th FloorGatineau QC K1A 0H3

Telephone: 819-997-2800 or 1-800-668-6767Fax: 819-994-1412TTY: 819-994-0736(Teletype for the hearing impaired)Email: [email protected]

The following communications contacts are alsoavailable to provide additional information:

Environment CanadaMedia RelationsToll-free within Canada: 1-888-908-8008Outside Canada: 1-819-934-8008Email: [email protected]

Health CanadaMedia RelationsTelephone: 613-957-2983Fax: 613-952-7747Email: [email protected] Locator 0900C2Ottawa ON K1A 0K9

For information about the role of the CanadaGazette, how to subscribe to the print version orhow to comment on proposed regulations beforeenactment, consult the Canada Gazette website at97Hwww.gazette.gc.ca or contact Canada Gazettegeneral inquiries:

Email: [email protected]: 613-996-1268Toll-free: 1-866-429-3885TTY: 1-800-926-9105Fax: 613-991-3540

http://www.ec.gc.ca/publications

mailto:[email protected]


http://www.gazette.gc.ca/



45

Appendix B List of Acronyms

CHPD Propanedinitrile, [[4-[[2-(4-cyclohexylphenoxy)ethyl] ethylamino]-2-methylphenyl]methylene]-

DSL Domestic Substances List

EPAMs Environmental Protection Alternative Measures

EPCOs Environmental Protection Compliance Orders

NAPS National Air Pollution Surveillance Network

NPRI National Pollutant Release Inventory

PAHs polycyclic aromatic hydrocarbons

PBDEs polybrominated diphenyl ethers

PCBs polychlorinated biphenyls

POPs persistent organic pollutants


46

Appendix C Draft and Final Assessment Decisions ofChemicals Management Plan Challenge Substances

Table 15. Assessment decisions of Batches 1 through 5 under the Chemicals Management Plan Challenge fromApril 2008 to March 2009

(NFA = no further action; SNAc = Significant New Activity Notice; VE = virtual elimination)Substance Meets Criteria

of s.64ProposedMeasure

DraftNotice

FinalNotice

Batch 1

1,2-Benzenediol Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

1,4-Benzenediol Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

2-Naphthalenecarboxamide, 4-[[5-[[[4-(aminocarbonyl)phenyl]amino]carbonyl]-2-methoxyphenyl]azo]-N-(5-chloro-2,4-dimethoxyphenyl)-3-hydroxy-

No NFA 19-Jan-08 5-Jul-08

2-Naphthalenecarboxamide, N-[4-(acetylamino)phenyl]-4-[[5-(aminocarbonyl)-2-chlorophenyl]azo]-3-hydroxy-


Benzene, 1,3-diisocyanato-2-methyl Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

Benzene, 1,3-diisocyanatomethyl- Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

Benzene, 2,4-diisocyanato-1-methyl Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

Benzenesulfonic acid, 4-[[3-[[2-hydroxy-3-[[(4-methoxyphenyl)amino]carbonyl]-1-naphthalenyl]azo]-4-methylbenzoyl]amino]-, calcium salt (2:1)


Naphthalene Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

Oxirane, ethyl- Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

Oxirane, methyl- Yes (64(c)) Add to Schedule 1 19-Jan-08 5-Jul-08

Peroxide, (1,1,4,4-tetramethyl-1,4-butanediyl)bis[(1,1-dimethylethyl) No NFA 19-Jan-08 5-Jul-08

Peroxide, (1,1,4,4-tetramethyl-2-butyne-1,4-diyl)bis[(1,1-dimethylethyl) No NFA 19-Jan-08 5-Jul-08

Peroxide, (3,3,5-trimethylcyclohexylidene)bis[(1,1-dimethylethyl) No NFA 19-Jan-08 5-Jul-08

Propanedinitrile, [[4-[[2-(4-cyclohexylphenoxy)ethyl]ethylamino]-2-methylphenyl]methylene]-

Yes (64(a)) Add to Schedule 1and VE

19-Jan-08 5-Jul-08

Batch 2

1,3-Butadiene, 2-methyl- Yes (64(c)) Add to Schedule 1 17-May-08 31-Jan-09

9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated,potassium salts

No NFA 17-May-08 31-Jan-09

Acetic acid ethenyl ester No NFA 17-May-08 31-Jan-09

Benzene, 1,3-bis(1-isocyanato-1-methylethyl)- No NFA 17-May-08 31-Jan-09

Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl)bis(imino-4,1-phenyleneoxy)]bis-, disodium salt

No SNAc/NFA 17-May-08 31-Jan-09

Benzenesulfonic acid, 2,2 -[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt

No SNAc/NFA 17-May-08 31-Jan-09

Benzenesulfonic acid, 3,3'-[(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl)diimino]bis[2,4,6-trimethyl-, disodium salt


C.I. Pigment Red 104 Yes (64(c)) Add to Schedule 1 17-May-08 31-Jan-09

C.I. Pigment Yellow 34 Yes (64(c)) Add to Schedule 1 17-May-08 31-Jan-09


47

Table 15. (Continued)

Substance Meets Criteriaof s.64

ProposedMeasure

DraftNotice

FinalNotice

Cyclopentasiloxane, decamethyl Yes (64(a)) Add to Schedule 1 17-May-08 31-Jan-09

Cyclohexasiloxane, dodecamethyl- No NFA 17-May-08 31-Jan-09

Cyclotetrasiloxane, octamethyl- Yes (64(a)) Add to Schedule 1 17-May-08 31-Jan-09

Oxirane, (chloromethyl)- Yes (64(c)) Add to Schedule 1 17-May-08 31-Jan-09

Phenol, 2,4,6-tris(1,1-dimethylethyl)- Yes (64(a)) Add to Schedule 1and VE

17-May-08 31-Jan-09

Phenol, 4,4 -(1-methylethylidene)bis- Yes (64(a)&(c)) Add to Schedule 1 19-Apr-08 18-Oct-08

Spiro[isobenzofuran-1(3H),9'-[9H]xanthen]-3-one, 2',4',5',7'-tetrabromo-3',6'-dihydroxy-


Thiourea Yes (64(c)) Add to Schedule 1 17-May-08 31-Jan-09

Batch 3

Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl-

No NFA 23-Aug-08 7-Mar-09

9,10-Anthracenedione, 1-hydroxy-4-[[4-[(methylsulfonyl)oxy]phenyl]amino]-


2-Naphthalenol, 1-[(4-methyl-2-nitrophenyl)azo]- Yes (64(c)) Add to Schedule 1 23-Aug-08 7-Mar-09

2-Naphthalenol, 1-[(2-chloro-4-nitrophenyl)azo]- No NFA 23-Aug-08 7-Mar-09

2-Naphthalenol, 1-[(2,4-dinitrophenyl)azo]- No NFA 23-Aug-08 7-Mar-09

2-Naphthalenol, 1-[(2-nitrophenyl)azo]- No NFA 23-Aug-08 7-Mar-09

2-Naphthalenol, 1-[(4-chloro-2-nitrophenyl)azo]- No NFA 23-Aug-08 7-Mar-09

2-Naphthalenecarboxamide, N-(5-chloro-2,4-dimethoxyphenyl)-4-[[5-[(diethylamino)sulfonyl]-2-methoxyphenyl]azo]-3-hydroxy-


2-Anthracenesulfonic acid, 4,4'-[(1-methylethylidene)bis(4,1-phenyleneimino)]bis[1-amino-9,10-dihydro-9,10-dioxo-, disodium salt


9,10-Anthracenedione, 1,8-dihydroxy-4-nitro-5-(phenylamino)- No NFA 23-Aug-08 7-Mar-09

Peroxide, [1,3(or 1,4)-phenylenebis(1-methylethylidene)]bis[(1,1-dimethylethyl)


1-Propanaminium, 3-[[4-[(2,4-dimethylphenyl)amino]-9,10-dihydro-9,10-dioxo-1-anthracenyl]amino]-N,N,N-trimethyl-, methylsulfate

No SNAc/NFA 23-Aug-08 7-Mar-09

Benzenesulfonic acid, 3-[[4-amino-9,10-dihydro-9,10-dioxo-3-[sulfo-4-(1,1,3,3-tetramethylbutyl)phenoxy]-1-anthracenyl]amino]-2,4,6-trimethyl-,disodium salt


9,10-Anthracenedione, 1-[(5,7-dichloro-1,9-dihydro-2-methyl-9-oxopyrazolo[5,1-b]quinazolin-3-yl)azo]-

No SNAc/NFA 23-Aug-08 7-Mar-09

Ethanol, 2-methoxy-, acetate Yes (64(c)) Add to Schedule 1 23-Aug-08 7-Mar-09

Ethanol, 2-ethoxy-, acetate No SNAc/NFA 23-Aug-08 7-Mar-09

Ethanol, 2-(2-methoxyethoxy)- Yes (64(c)) Add to Schedule 1 23-Aug-08 7-Mar-09

1-Propanol, 2-methoxy- Yes (64(c)) Add to Schedule 1 23-Aug-08 7-Mar-09

9,10-Anthracenedione, 1-amino-4-(phenylamino)- No SNAc/NFA 23-Aug-08 7-Mar-09

Batch 4

2-Butanone, 4-[[[1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-1-phenanthrenyl]methyl](3-oxo-3-phenylpropyl)amino]-,[1R-(1α,4αβ,10aα)]-

No SNAc/NFA 24-Jan-09

5HDibenz[b,f]azepine-5-propanamine, 3-chloro-10,11-dihydro-N,Ndimethyl-,monohydrochloride

No NFA 24-Jan-09


48

Table 15. (Continued)

Substance Meets Criteriaof s.64

ProposedMeasure

DraftNotice

FinalNotice

Adenosine, N-benzoyl-5'-O-[bis(4-methoxyphenyl) phenylmethyl]-2'-deoxy No SNAc/NFA 24-Jan-09

Amines, C18-22-tert-alkyl, ethoxylated (ATAE) No SNAc/NFA 24-Jan-09

Amines, tallow alkyl, ethoxylated, phosphates (ATAEP) No NFA 24-Jan-09

Amines,C18-22-tert-alkyl, (chloromethyl)phosphonates (2:1) No NFA 24-Jan-09

Benzamide, 3,5-dichloro-N-(3,4-dichlorophenyl)-2-hydroxy-(3,3',4',5-tetrachlorosalicylanilide)


Benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene

Yes (64(a)) Add to Schedule 1and VE

24-Jan-09

Benzoic acid, 2-[(3,5-dibromo-4-hydroxyphenyl)(3,5-dibromo-4-oxo-2,5-cyclohexadien-1-ylidene)methyl]-, ethyl ester


Butane n/a Screeningassessment

24-Jan-09

Hexane No NFA 24-Jan-09

Isobutane n/a Screeningassessment

24-Jan-09

Phenol, 4,4'-(3H-2,1-benzoxathiol-3-ylidene)bis[2-bromo-6-methyl-, S,S-dioxide

No NFA 24-Jan-09

Phenol,4,4'-(3H-2,1-benzoxathiol-3-ylidene)bis[2,5-dimethyl-, S,S-dioxide No NFA 24-Jan-09

Phenol,4,4'-(3H-1,2-benzoxathiol-3-ylidene)bis[2,6-dibromo-3-methyl-,S,S-dioxide, monosodium salt

No NFA 24-Jan-09

Phenol,4,4'-(3H-2,1-benzoxathiol-3-ylidene)bis[2,6-dibromo-, S,S-dioxide No NFA 24-Jan-09

Sulfuric acid, diethyl ester Yes (64(c)) Add to Schedule 1 24-Jan-09

Sulfuric acid, dimethyl ester Yes (64(c)) Add to Schedule 1 24-Jan-09

Batch 5

2-Propenamide Yes (64(c)) Add to Schedule 1 21-Feb-09

Acetamide, 2-chloro- No SNAc/NFA 21-Feb-09

Acetamide, N,N-dimethyl- No NFA 21-Feb-09

Acetamide, N-[2-[(2-bromo-4,6-dinitrophenyl)azo]-5-(diethylamino)phenyl]- No NFA 21-Feb-09

Acetamide, N-[5-[[2-(acetyloxy)ethyl](phenylmethyl)amino]-2-[(2,4-dinitrophenyl)azo]-4-methoxyphenyl]-

No NFA 21-Feb-09

Acetamide, N-[5-[[2-(acetyloxy)ethyl](phenylmethyl)amino]-2-[(2-chloro-4,6-dinitrophenyl)azo]-4-methoxyphenyl]-

No NFA 21-Feb-09

Acetamide, N-[5-[bis[2-(acetyloxy)ethyl]amino]-2-[(2-bromo-4,6-dinitrophenyl)azo]-4-ethoxyphenyl]-

No NFA 21-Feb-09

Benzamide, N-[5-[bis[2-(acetyloxy)ethyl]amino]-2-[(4-nitrophenyl)azo]phenyl]-

No NFA 21-Feb-09

Benzenamine, 4-[(2,6-dichloro-4-nitrophenyl)azo]-N-(4-nitrophenyl)- No NFA 21-Feb-09

Ethanol, 2,2'-[[3-chloro-4-[(2,6-dichloro-4-nitrophenyl)azo]phenyl]imino]bis-

No NFA 21-Feb-09

Ethanol, 2,2'-[[4-[(2,6-dibromo-4-nitrophenyl)azo]phenyl]imino]bis-,diacetate (ester)

No NFA 21-Feb-09

Ethanol, 2,2'-[[4-[(2-bromo-6-chloro-4-nitrophenyl)azo]-3-chlorophenyl]imino]bis-

No NFA 21-Feb-09

Ethanol, 2-[[4-[(2,6-dichloro-4-nitrophenyl)azo]phenyl]methylamino]- No SNAc/NFA 21-Feb-09

Ethanol, 2-chloro-, phosphate (3:1) Yes (64(c)) Add to Schedule 1 21-Feb-09


49

Table 15. (Concluded)

Substance Meets Criteriaof S.64

ProposedMeasure

DraftNotice

FinalNotice

Formamide No NFA 21-Feb-09

Phosphoric acid tributyl ester No NFA 21-Feb-09

Propanamide, N-[5-[bis[2-(acetyloxy)ethyl]amino]-2-[(2-chloro-4-nitrophenyl)azo]phenyl]-

No NFA 21-Feb-09

Propanenitrile, 3-[[2-(acetyloxy)ethyl][4-[(2,6-dichloro-4-nitrophenyl)azo]phenyl]amino]-

No NFA 21-Feb-09

Propanenitrile, 3-[[4-[(2,6-dibromo-4-nitrophenyl)azo]phenyl]ethylamino]- No NFA 21-Feb-09