Repeal of Secondary Lead Smelter Rules

Summary#

This is a proposed federal repeal of the Secondary Lead Smelter Release Regulations (SLSRR), published in the Canada Gazette, Part I on November 4, 2023. The government says the rules are old and duplicate provincial and municipal requirements; the proposal is open for comment for 60 days from publication and is not law yet.

What it does#

• Repeals the Secondary Lead Smelter Release Regulations (SLSRR), the federal rules that set limits on particulate matter and lead in air from secondary lead smelters (the SLSRR set PM limits of 46 mg/Nm3 and 23 mg/Nm3 for different operations).
• Removes the SLSRR from the federal enforcement-designation list by changing the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (it would repeal item 4 of that schedule).
• Says the repeal would come into force on the day the repeal instrument is registered.
• Notes this is a proposal (a Canada Gazette, Part I notice); comments were invited for 60 days after November 4, 2023.

Who's affected#

• The six lead facilities currently covered by the SLSRR:
  • Terrapure BR Ltd. VSC (Sainte-Catherine, Quebec)
  • General Smelting of Canada (Lachine, Quebec)
  • Tonolli Canada Ltd. (Mississauga, Ontario)
  • Alchemy Extrusions Inc. (Hamilton, Ontario)
  • Metalex Products Ltd. (Richmond, British Columbia)
  • Teck Trail (Trail, British Columbia)
• Provincial and municipal regulators in Quebec, Ontario, and British Columbia, which already have permits, by-laws or regulations covering these smelters.
• Local communities near those smelters and organizations monitoring air quality.
• The federal departments that sponsored the notice: Department of the Environment and Department of Health (first mention in this section).

Why it matters#

• The government says the SLSRR are out of date and redundant because the same outcomes are already enforced by provincial regulations and municipal by-laws. Repealing them would remove duplication in the rule book.
• For people living near the six listed smelters, the practical controls on lead and particle emissions are expected to stay in place because provincial/municipal rules or permits already apply.
• The repeal could slightly reduce federal paperwork or oversight, but officials say measurable costs and benefits are unlikely. The government also notes a small risk: if a new smelter appeared in a place without provincial controls, federal instruments or guidance might need to be updated.
• This is a proposal, not a final decision. Comments were invited for 60 days after November 4, 2023; that consultation can affect whether the repeal goes ahead.