Mandatory reporting for 850 chemicals

Summary#

• The federal environment department published two related notices under the Canadian Environmental Protection Act, 1999.
• One makes the draft Federal Environmental Quality Guidelines for benzene, toluene, ethylbenzene and xylene (BTEX) available for public comment. The other is a mandatory information-gathering notice under the Chemicals Management Plan that asks businesses to report data on 850 substances by January 17, 2024.

What it does#

• Draft BTEX guidelines

  • Makes science-based draft guidance for benzene, toluene, ethylbenzene and xylene (BTEX) available online.
  • Invites written comments on the scientific basis within 60 days of the notice.

• Chemicals Management Plan — information-gathering notice

  • Requires people and companies who during the reporting year (2022) manufactured, imported or used certain listed substances above set thresholds to provide detailed information.
  • Key thresholds are 100 kg and 1 000 kg, depending on which group a substance is in and the type of use or product.
  • Requires quantities (manufactured, imported, used), descriptions of goods containing the substances, concentrations, facility-level release information where applicable, and titles of unpublished studies.
  • Applies to 850 substances listed in four parts, with some substances reportable only for specific uses.
  • Responses must be submitted through Environment and Climate Change Canada’s online “Single Window” system by January 17, 2024. Confidentiality claims are allowed for submitted information.

Who's affected#

• Companies and people involved in chemicals during 2022, specifically those who:
  • manufactured or imported more than 100 kg (or 1 000 kg for some substances), or
  • used those amounts in making mixtures, products or manufactured items, or
  • sold goods that contain the listed substances (with details required about product type and concentrations).
• The notice lists many product categories (for example: paints and coatings, adhesives and sealants, furniture and bedding, food packaging, automotive products, lubricants, and cosmetics).
• Consumers are not asked to report, but manufacturers, importers, formulators and some downstream users will need to check records and respond.
• It is not always clear from the notice which small businesses will meet the thresholds; those uncertain are expected to check the schedules or contact the department.

Why it matters#

• The government will use the BTEX guideline feedback and the large set of collected data to judge risks and consider future rules or limits. This could lead to new restrictions or safer handling requirements for some chemicals.
• Businesses need to review 2022 records now. Failure to comply can lead to enforcement action and fines — up to $25,000 for an individual (summary conviction) and up to $500,000 for a large corporation (on indictment), with higher penalties for repeat offences.
• For the public, this work can mean better information about what chemicals are in everyday products and, over time, changes that reduce harmful exposures in homes, workplaces and the environment.