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by Tammy J. Murphy

On 5 October 2016, the “Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999” was published in the Canada Gazette, Part II.  This Order adds 44 petroleum and refinery gases (PRGs) to CEPA, 1999, Schedule 1, List of Toxic Substances.  The two proposed Orders addressing this were published in February 2014 and were open for a public comment period.

The Canadian Environmental Protection Act (CEPA) authorizes the Ministers of Health and of the Environment to conduct research and collect information on a wide variety of substances that may contaminate the environment or cause adverse effects on human health and/or the environment.  If a substance is determined to be ''toxic,'' as per CEPA 1999, Environment & Climate Change Canada and Health Canada are then responsible for implementing preventive and/or control actions for any or all phases of that substance's ''life cycle.''  This is done to prevent or control the substance's release into the environment; the substance(s) are subsequently added to CEPA, 1999, Schedule 1, List of Toxic Substances.

Canadian law also requires scientific information on any new chemical substances to be submitted for assessment prior to use of new substances in Canada.  However, many substances were in existence and in use prior to these laws being enacted.  The Chemicals Management Plan (CMP), an ongoing initiative, was formed in 2006 to address these chemicals.  Part of the CMP includes the "Petroleum Sector Stream Approach (PSSA)" which focuses on those substances used predominantly in the petroleum sector.

Approximately 160 petroleum related substances were identified as high priority in regards to risk assessment in this sector.  As part of the PSSA, these substances were divided into 5 main "streams"; these "streams" were then divided into groups.  The main groups are based on uses while the further division is based on production similarities as well as physical and chemical properties.  The 44 substances added to the List of Toxic Substances include 40 PRGs ("site-restricted substances") from Stream 1 and 4 substances ("industry-restricted substances") that were part of Stream 2.

Additional information, as well as a full list of substances, may be found on the Government of Canada's Chemical Substances website.  The full text of the amendment can be found in the respective issue of the Canada Gazette.


Canada Gazette, Part II, October 5, 2016 edition:


by Tammy J. Murphy

Pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Prohibition of Certain Toxic Substances Regulations, 2012 was established to 'prohibit the manufacture, use, sale, offer for sale and import of certain toxic substances listed in Schedules 1 and 2.'  The Minister of Health and the Minister of Environment & Climate Change oversee this Regulation.  "Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012" were published in the October 5, 2016 edition of the Canada Gazette, Part II.  Previously, the proposed amendments to this regulation were published in the April 4, 2015 edition of the Canada Gazette, Part I and were open to a public comment period and notice of objection filing period.

Highlights of the amendments include, but are not limited to:

  • The addition of Hexabromocyclododecane (HBCD) to Schedule 1;
  • The addition of Polybrominated diphenyl ethers (PBDEs) to Schedule 1 and the subsequent repeal of the Polybrominated Diphenyl Ethers Regulations;
  • A replacement of Schedule 2, Parts 1 and 2, with updated tables/parts, including, but not limited to:
    • The addition of Perfluorooctanoic acid, its salts and its precursors (PFOAs);
    • The addition of Long-chain Perfluorocarboxylic acids, their salts and precursors (LC-PFCAs);
    • The addition of Perfluorooctane sulfonate (PFOS) and the subsequent repeal of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations

Schedule 1 lists those toxic substances that are subject to total prohibition and Schedule 2 lists those toxic substances that are subject to total prohibition, but based on concentration and/or usage, may have designated permitted uses. These may also have annual reporting requirements and certain recordkeeping requirements.  Additionally, the amendments include phase-in periods for certain substances as well as exemptions.

There are various coming into force dates as well as transitional provisions.

The full text of the amendments should be consulted for complete details.  Additional information can also be found on Environment & Climate Change Canada’s CEPA Registry website.


Canada Gazette, Part I, October 5, 2016 edition:

by Nathan Kongprachaya

On February 19, B.E. 2558 (2015), the Notification of the Ministry of Industry Re: Notifications of Manufacturers and Importers of Hazardous Substances in Annex 5.6 was published in the Royal Government Gazette.  This notification requires manufacturers and importers of hazardous substances or mixtures found in Annex 5.6 of List of Hazardous Substances, whose volumes exceed 1000 kilograms per annum, to notify the Department of Industrial Works (DIW) within 60 days from the date of manufacturing or import. Notification can be done using form Wor Or/ Or Kor 20 (วอ./อก. ๒๐) or via the DIW’s webpage via:

These chemicals will be incorporated into the Thai Inventory and will not be considered as “new” when the final version of the Thai Inventory is published.  ChemADVISOR strongly urges manufacturers and importers who meet the above criteria to notify the DIW of their activities by December 31, 2016, as it is expected that new substances will be subjected to more stringent requirements relative to their counterparts present in Thailand’s Chemical Inventory.


Notification of the Ministry of Industry Re: List of Hazardous Substances (No. 2) B.E. 2558 (in Thai):

Notification of the Ministry of Industry Re: Notifications of Manufacturers and Importers of Hazardous Substances in Annex 5.6 (in Thai): 



ChemADVISOR's June Kang with Ms. Lee of KCMA and Mr. Ito of JCDB

by June Kang

The KCMA (Korea Chemicals Management Association) annual seminar 2016 hosted by KCMA and sponsored by the Ministry of Environment (MOE) took place on September 22 and 23, 2016 in Jeju, Korea.  K-REACH (officially named as the Act on the Registration and Evaluation of Chemical Substances) and related issues were covered on the first day and on the second day, the Chemicals Control Act (CCA) and the requirements to comply with its law and regulations were presented.

On the first day of the KCMA seminar, the following topics were discussed:  the direction for the chemicals management policy and major ongoing issues, biocides management status and comparisons, current chemical registration status and low volume registration, joint registration and risk assessment report preparation guidelines.  Biocides are currently regulated under K-REACH.  However, it is being considered to be enacted as a separate law to regulate biocides more safely and efficiently.  The primary motivation for this is the numerous deaths and ongoing respiratory injuries associated with the use of a humidifier disinfectant.

MOE implemented an authorization system to regulate certain hazardous chemical substances which is similar to the European Union (EU) REACH designated substances subject to Authorization.  The list has not yet been published, but MOE is reviewing the candidate substances and planning to announce the official list once the relevant regulation is finalized.

Ms. Ahn, Jung-min from the National Institute Environmental Research (NIER) reviewed the details of the current status of chemical registrations and low volume registrations.  As of the end of August 2016, 4397 registrations have been accepted.  The majority (4237) were low volume registration (less than 1 ton/year).  Toxicity assessments have been completed for 40% of the registered substances and, as a result, 26 substances were notified as toxic chemical substances this year.

On the second day, the major reporting system, strengthening surveillance, the items to be reviewed for facility inspections and the inspection results of existing facilities were covered.  Mr. Park, Joon-young of MOE went over the detailed cases that were caught with violations and also presented good examples to run chemical facilities.

The KCMA seminar 2016 was held successfully with over 250 attendees from Korea’s chemical industry and multinational corporations, as well as ChemADVISOR.