Lanthanian Bentonite Import Allowed for Lakes

Summary#

This notice records Ministerial Condition No. 20267 under the Canadian Environmental Protection Act, 1999. It allows Phoslock Environmental Technologies Ltd. to import the substance bentonite, lanthanian (CAS 302346-65-2) — but only for use in certain lakes and only under strict monitoring, notification and other limits. The conditions came into force on May 28, 2020.

What it does#

• Permits import of bentonite, lanthanian (CAS 302346-65-2) only to be used as a phosphorus binder in these lakes:
  • Pigeon Lake (Alberta)
  • Roxton Lake (Quebec)
  • Lake 3 (Les Laurentides, Quebec)
• Limits on when and how it can be applied:
  • The lake must not be used as a source of drinking water.
  • The weather forecast for the 12 hours after discharge must show precipitation likelihood ≤ 40%.
  • Total quantity discharged (Q, in kg) must meet the formula Q ≤ 0.000143 × V × e^(0.3842 × pH), where V is lake volume (m3) and pH is measured on site.
  • Lake pH must be between 8.0 and 9.0 at the time of discharge.
  • Alkalinity must be above 70 mg/L of CaCO3.
  • The lake must never have had prior chemical remediation and no other remediation may be used at the same time.
  • The substance must be discharged only by authorized personnel.
• Pre-discharge checks:
  • Within the 90 days before discharge measure pH, alkalinity, dissolved oxygen and total phosphorus (at 0.5 m depth and 1 m above sediments where applicable).
• Post-discharge monitoring of dissolved lanthanum (filtered at 0.2 micrometres and measured by ICP–MS in a Canadian ISO/IEC 17025:2017 laboratory):
  • Days 1–30: at least once every 7 days.
  • Days 31–90: at least once every 14 days.
  • Days 91–365: at least once every 30 days.
  • After 1 year: measure pH and alkalinity each year in April and October, until the longer of three years after last discharge or when lanthanum meets the ending criteria (below).
  • Signs and public warnings may be removed only when dissolved lanthanum is ≤ 13 micrograms per litre in at least 5 consecutive samples over a minimum 5-week period at two specified locations.
  • Longer-term end of monitoring requires dissolved lanthanum ≤ 8 micrograms per litre in consecutive April and October samples at two locations.
  • By contrast, the single-product allowable concentration for dissolved lanthanum in drinking water under NSF‑ANSI Standard 60 noted in the conditions is 0.008 micrograms per litre.
• Notification and public information:
  • At least 30 days before discharge notify the most senior municipal public servant and the provincial/territorial deputy minister responsible for drinking water. Provide detailed warnings and explain risks.
  • Notify and give written information to all lakefront property owners. Install signs at all public access points telling people to avoid swimming, fishing and drinking the water until further notice.
  • If later monitoring shows lanthanum above 13 micrograms per litre, reissue notices and reinstall signs.
• Reporting, record-keeping and transfers:
  • The importer/notifier must send detailed reports to the Minister of the Environment within 30 days after any discharge (lake name, dates, quantity in kg to ± 1 kg, method, water volume, raw monitoring data, coordinates to five decimal places, identities of personnel, lab accreditation and methods, etc.).
  • Additional reporting deadlines of 60 days apply for annual pH/alkalinity and for dissolved‑lanthanum test results.
  • Records must be kept for 5 years at the notifier’s principal place of business in Canada.
  • Before transferring physical possession, the notifier must ensure the recipient is informed of and agrees in writing to follow the ministerial conditions.
• The notice records that the ministers (Environment and Health) assessed the information and that they "suspect" the substance may meet the Act’s definition of toxic, which is why the import is allowed only under these conditions.

Who's affected#

• Phoslock Environmental Technologies Ltd., as the importer/notifier, is directly affected — it must follow all conditions, monitoring, reporting and record rules.
• Local governments and provincial drinking-water authorities for the three named lakes.
• People who live on or use those lakes: lakefront residents, swimmers, fishers and cottage owners. They will receive notices and may be told to avoid swimming, fishing and drinking lake water after a discharge.
• Laboratories doing the lanthanum and water‑quality testing (must be accredited to ISO/IEC 17025:2017 and use ICP–MS for lanthanum).
• Companies and contractors who apply the product — they must be “authorized personnel” and comply with conditions.
• It is not clear from the notice whether other lakes or broader commercial uses are affected; the conditions apply specifically to the three lakes listed.

Why it matters#

• The government allowed a potentially risky substance to be imported and used, but only with strict limits. That means local people may see public warnings, restricted recreational use, or monitoring activities around the named lakes.
• The conditions highlight a real health concern: officials note a suspicion that dissolved lanthanum from the substance could have developmental neurotoxicity potential from incidental exposures (for example during swimming), and therefore they require monitoring and warnings about drinking, swimming and eating fish.
• The rules force testing by accredited labs and public notification. That creates costs and logistics for the company and for local authorities, and it gives nearby residents and public health officials data and formal warnings to protect people’s health.
• The contrast between the drinking‑water guideline number cited (0.008 micrograms per litre) and the action thresholds in the monitoring plan (8 and 13 micrograms per litre) shows why the conditions focus on restricting exposure pathways (no drinking, notices, and ongoing monitoring) rather than allowing routine use without controls.