List and regulate thermal coal

AI summary

Petitioners ask the government to list thermal coal under CEPA and regulate it. The government responds that Priority Substances List was repealed, thermal coal isn’t a substance, and rules phase out unabated coal by 2030.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

PETITION TO THE GOVERNMENT OF CANADA Whereas: Thermal coal, the kind burned to make electricity, is the world's dirtiest fossil fuel; Thermal coal creates half of the world's carbon emissions and the pollution it creates kills more than 800,000 people every year; The government has a plan to phase out thermal coal exports, but it is outdated and insufficient; The world needs to move rapidly away from thermal coal to have any chance of limiting global warming to the Paris target of 1.5 degrees Celsius; The physical effects of climate change pose serious risks for Canadians, Canada's wildlife and the Canadian economy including permafrost melt, droughts, heatwaves, wildfires, floods, sea level rise, increased vector-borne diseases, disruptions to supply chains, destruction of infrastructure and damage to key industries including agriculture and forestry; and Canada's greenhouse gas emissions have increased since the Paris Agreement was signed, making it the worst performing of all G7 nations since the 2015 Conference of the Parties in Paris, France. We, the undersigned citizens and residents of Canada call upon the Government of Canada to: 1. Add thermal coal to the Priority Substances List of the Canadian Environment Protection Act (CEPA), and, as soon thereafter as possible, to the Toxic Substances List of CEPA; and 2. Regulate the mining, use, export, and import of thermal coal in Canada in accordance with our international commitments to reduce carbon emissions at home and abroad.

Government response

Response by the Minister of the Environment, Climate Change and Nature Signed by The Honourable JULIE DABRUSIN Moving to cleaner electricity is essential to protecting public health, reducing emissions, and building a competitive, resilient economy. The Government of Canada is taking decisive action and has required all unabated coal-fired electricity to be phased out before 2030, with regulations designed to protect public health, reduce emissions, and ensure Canada meets its international commitments. The actions requested under point 1 of the petition with respect to Canadian Environmental Protection Act, 1999, are no longer possible. As part of 2023 amendments to Canadian Environmental Protection Act,1999, the Priority Substances List provisions were repealed. In addition, “thermal coal” refers to a specific use or application of coal to generate heat and electricity, it is not a substance per se. Canada remains committed to meeting the goals of the Paris Agreement and is committed to achieving net-zero by 2050. Canada’s commitment to achieving net-zero emissions by 2050 is enshrined in law under the Canadian Net-Zero Emissions Accountability Act. This goal requires continued action and is essential to position Canada as a key player in the emerging low-carbon economy. Canada’s approach to climate change mitigation relies on a coordinated mix of measures that support emissions reductions while strengthening our economy. Energy efficiency improvements, decarbonization of the electricity grid, and structural shifts in the economy have driven much of our success to date. With respect to thermal coal, the Government of Canada has made significant progress on phasing out unabated coal-fired electricity generation over the past decade, which has contributed to Canada having one of the cleanest and most affordable electricity systems globally. The Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations (Coal Regulations) published in 2012 and amended in 2018 were developed in order to accelerate a phase-out of conventional coal-fired electricity generation by 2030. Phasing out unabated coal power is one of the most important steps the world can take to tackle climate change while providing important health and environmental benefits through improved air quality. Canada continues to support global efforts to reduce the use of thermal coal. For example, Canada is proud to co-chair the Powering Past Coal Alliance, the world’s first and only government-led initiative committed to accelerating the global transition away from unabated coal power towards clean energy. Since its launch in 2017, the Alliance has successfully brought together over 180 national and subnational governments, businesses, and organizations which are dedicated to driving ambition on climate change action and achieving a cleaner, greener future for our planet, while supporting sustainable jobs for workers and communities. The Government of Canada continues to work with provinces, territories, Indigenous partners, businesses, and workers to ensure Canada not only reaches net-zero but also builds prosperity in the clean economy that is already taking shape around the world. Not all mines are included in the Physical Activities Regulations of the Impact Assessment Act. Within the context of an environmental assessment of a federally designated project, Environment and Climate Change Canada reviews the proponent’s characterization of effects within federal jurisdiction and provides specialist or expert information or knowledge in relation to measures that mitigate these effects to the authority responsible for the decision. This is done according to the department’s mandate, which includes climate change, air quality, water quality biodiversity, environmental preparedness and emergencies. Environment and Climate Change Canada may also cooperate with a Province within the context of a Provincial environmental assessment process when our assistance is requested for the purpose of federal permit authorizations to ensure compliance with statutes related to construction, operation, decommissioning of mining sites. Response by the Minister of Health Signed by Maggie Chi The Priority Substances List is superseded by the Plan of Priorities. The Canadian Environmental Protection Act, 1999 (CEPA or the Act) was modernized in June 2023 requiring the Ministers of Environment and Health to consult on and publish a multi-year Plan of Priorities for substance assessment and management, reviewed every 8 years. The Plan of Priorities was developed by Environment and Climate Change Canda and Health Canada through a rigorous process that systematically compiled and reviewed information on substances. Following a public consultation, the Plan of Priorities was published in 2025. Key drivers for the selection of substances as priorities for assessment include: substances that are hazardous to human health or the environment, including carcinogens, mutagens, reproductive toxicants as well as endocrine disrupting substances; substances that are impacting populations or environments that may be at increased risk due to either greater exposure or greater susceptibility; substances with the potential to contribute to cumulative risks; very hazardous substances that are capable of long-range transport; substances with known hazardous properties that are used in products available to consumers; and potential substitutes for substances with known toxicity (for example substances that have been determined to be "toxic" under section 64 of CEPA, or that have been identified internationally as substances of concern) Coal is an organically derived material found naturally in the environment, and as such each deposit would have different properties. Coal used for electricity generation is commonly referred to as thermal coal. Burning thermal coal is known to be a significant source of carbon dioxide emissions, which can contribute to climate change, and particular matter, which is the major component of concern for human health. Carbon dioxide is already listed on the Toxic Substances List (Schedule 1) of CEPA. The Government of Canada has greenhouse gas regulations in place that would effectively phase-out unabated coal-fired electricity generation by 2030 and air quality standards that are used to monitor and reduce emissions of particulate matter. As these risk management measures are already in place, thermal coal was not considered for inclusion on the Plan of Priorities for further assessment. Notwithstanding these measures, the petitioners may submit a nomination to the Ministers for the assessment of thermal coal to determine if it meets the criteria of section 64 of CEPA. This nomination process was established under subsection 76(1) of the Act, allowing any person to request that the Ministers assess a substance to determine if it meets the criteria of section 64 of CEPA. The Ministers may either grant the request and add the substance to the Plan of Priorities or deny the request. For information on how to submit a request to assess a substance under 76(1), please visit the webpage on how to request to assess a substance under CEPA. If, following the consideration of a request made under 76(1), the Ministers grant the request and add the substance to the Plan of Priorities, a multi-year ecological and human health assessment would be undertaken in consultation with the public. If an assessment concludes that a substance is determined to meet the criteria under section 64, risk management actions may be implemented, which could include regulations as a possible risk management instrument.