Coal tars and distillates listed as toxic

Summary#

This is the Order Adding a Toxic Substance to Part 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999: SOR/2024-275. It adds coal tars and their distillates to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999, which lets the government develop pollution-prevention focused rules for them. The Order was registered (and therefore came into force) on December 16, 2024 and was published in the Canada Gazette on January 1, 2025.

What it does#

• Adds coal tars and their distillates to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999.
• The listing itself does not create new prohibitions or immediate obligations for businesses or the public.
• It authorizes the federal ministers to develop future risk-management measures that prioritize pollution prevention. Those measures could include:
  • Regulations to restrict or ban certain products (for example, coal tar–based pavement sealants were identified as a candidate).
  • Pollution prevention planning or controls for industry facilities (notably the refinery and coke/steel facilities that produce or use coal tar).
• The screening assessment that led to this recommendation found risks to both the environment and human health from releases of coal tar substances, driven mainly by components such as PAHs (polycyclic aromatic hydrocarbons) and benzene.

Who's affected#

• People living near industrial sites that produce or refine coal tars — there are 4 integrated steel mills and 1 coal tar refinery in Ontario identified in the assessment.
• Industries that produce, refine, import or use coal tar products, including uses in:
  • aluminum smelting (anode binders),
  • roofing and paving,
  • asphalt products and pavement sealants,
  • carbon black and industrial feedstocks.
• Consumers who use products containing coal tar, notably some driveway sealants and older medicated shampoos (these shampoos are already regulated under the Food and Drugs Act).
• Provincial governments and regulators (Ontario is specifically mentioned because of the location of facilities and site-specific standards).
• Small businesses are not directly affected by this Order itself, because it does not impose compliance costs; any future measures would be consulted on before being implemented.

Why it matters#

• The government’s assessment concluded that coal tars and their distillates can harm wildlife and pose a health risk to people — especially from long‑term air emissions near facilities and from PAHs in dust after driveway sealant use.
• Some components, like benzene, are known carcinogens, and children aged 6 months to 11 years were identified as a more vulnerable group for certain exposures.
• Listing the substances in Part 2 of Schedule 1 starts the formal process that can lead to concrete actions: bans, restrictions, or pollution‑prevention requirements aimed at cutting releases to air, soil and water. Those future actions could reduce local pollution and health risks, but they will be designed and consulted on separately.
• The Order itself does not change what people can buy or use today; it simply gives the government the legal basis to propose and develop rules that could do so in the future.