Repeal of Secondary Lead Smelter Regulations

Summary#

This is a proposal, published in the Canada Gazette, to repeal the Secondary Lead Smelter Release Regulations. If adopted, the federal rules that limit particulate matter and lead in air from secondary lead smelters would be removed and provincial and municipal rules would be left as the main controls. The notice allows comments for 60 days after publication (November 4, 2023).

What it does#

• Repeals the Secondary Lead Smelter Release Regulations (the federal rules that set limits on particulate matter and lead released to air from secondary lead smelters).
• Removes the designated enforcement entry for those regulations from the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999).
• Says the repeal would come into force on the day the repeal is registered.
• This is a proposal (not law yet) and the government invited comments for 60 days after the notice was published (November 4, 2023).

Who's affected#

• The six lead facilities currently covered by the federal rules:
  • 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 (Teck facility) — Trail, British Columbia
• The Department of the Environment and local regulators, because enforcement responsibility would rest with provinces and municipalities.
• Small businesses: the notice says four of the six smelters are small businesses. The government expects no added cost to those firms because provincial or municipal limits already apply.

Why it matters#

• The government says the federal rules are outdated and largely duplicate provincial and municipal controls. Repealing them would remove that duplication.
• In practice, emissions are expected to stay controlled because the six remaining smelters are already subject to provincial or municipal standards considered as strict or stricter than the federal rules.
• There is a small risk: if a jurisdiction had no adequate local rules for a future or existing smelter, removing the federal regulation could leave a gap. The notice says all current smelters are in regulated jurisdictions.
• The repeal is presented as unlikely to change emissions or impose costs, and no measurable federal benefits or costs are expected.
• Historical context: the number of lead smelters in Canada fell from 51 in 1984 to 6 in 2020, which the government cites as part of the reason the federal rules are no longer needed.