Proposed addition of coal tars to Schedule 1

Summary#

This notice proposes adding coal tars and their distillates to Schedule 1 of the Canadian Environmental Protection Act, 1999 by way of the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999. The proposal was published on June 26, 2021 and is open for public comment for 60 days (until August 25, 2021). The underlying assessment found potential harm to the environment and human health from components in these substances (notably PAHs and benzene).

What it does#

• Adds “coal tars and their distillates” to Schedule 1 (the List of Toxic Substances) under the Canadian Environmental Protection Act, 1999.
• Does not itself create new rules or bans. It gives Environment and Climate Change Canada and Health Canada the authority to propose risk-management actions later.
• The change is based on a screening assessment that concluded these substances may harm wildlife and people (meeting CEPA criteria under paragraphs 64(a) and 64(c)).
• The assessment singled out certain situations as highest concern: emissions near industrial sites (coke/steel mills and a coal‑tar refinery) and use of coal‑tar‑based pavement/driveway sealants.

Who's affected#

• People living or working near the 4 integrated steel mills and the 1 coal‑tar refinery identified in the assessment (all located in Ontario).
• Homeowners, parking‑lot operators, and contractors who use or apply coal‑tar‑based pavement or driveway sealants.
• Industries that make, refine, use or import coal tars and coal‑tar distillates (for example, producers of creosote, carbon black feedstock, coal tar pitch, and certain oils).
• Children aged 6 months to 11 years were highlighted as a more vulnerable group for dust exposure from weathered sealants.
• Small businesses and others: the proposed order itself imposes no immediate costs, but future risk‑management rules could affect manufacturers, importers, sellers, applicators, and municipal/provincial programs.

Why it matters#

• The assessment found real‑world risks: PAHs in coal tars can harm soil organisms near a refinery and aquatic life when coal‑tar sealants wash into water. Benzene emissions near industrial sites may raise long‑term cancer risk for nearby residents.
• Adding the substances to Schedule 1 is the formal first step that lets federal authorities design specific controls (for example, limits, labelling, restrictions, or bans). Those controls could change what products are available and how industrial sites operate.
• The order itself does not change rules or require action today. If and when specific risk‑management measures are proposed, there will be further consultations and (if adopted) compliance deadlines.