Canada Publishes Approach for Creating Publicly Available “Watch List” of Substances Determined to Be Capable of Becoming Toxic under CEPA

The Strengthening Environmental Protection for a Healthier Canada Act (the Act), enacted in 2023 to modernize the Canadian Environmental Protection Act, 1999 (CEPA), requires the creation of a “Watch List” of substances capable of becoming toxic to inform Canadians and businesses of substances that they may wish to avoid. On April 28, 2026, Environment and Climate Change Canada (ECCC) announced the publication of the Watch List Approach (the Approach) in the CEPA Registry. The Approach outlines how ECCC and Health Canada (HC) will meet the requirement to compile and amend the Watch List. Listed substances include those that have been assessed as not currently meeting the criteria for toxic substances under CEPA Section 64 but that may be of concern if exposure or hazard characteristics were to change in the future. ECCC notes that the Watch List “will be a communication product with no regulatory or legislative impacts. It will not impose new or additional requirements or restrictions on a substance.” ECCC will compile the Watch List using existing information, and the List will not supersede or modify any act, regulation, or legal obligation. 

Adding Substances to the Watch List

According to the Approach, when the Minister of the Environment and the Minister of Health (the Ministers) have reason to suspect a substance can become toxic or if they have determined it to be capable of becoming toxic, the Minister of the Environment may add a substance to the Watch List. The Approach notes that adding a substance to the Watch List is one of the measures to be taken following an assessment or review of a substance under CEPA Section 77. Substances on CEPA Schedule 1 cannot be added to the Watch List.

The Minister of the Environment may add a substance to the Watch List:

• When the Ministers propose the addition following an assessment under CEPA Part 5;

• When a review of a decision of another jurisdiction under CEPA Section 75(3) that, in the Ministers’ opinion, is based on scientific considerations and is relevant to Canada indicates that the substance is capable of becoming toxic; or

• Based on the evaluation of other information by the Ministers.

The Approach states that in identifying a substance to be added to the Watch List, the Ministers will consider information such as hazardous properties or the likelihood that an increase in use or change in exposure may increase the risk profile of the substance. According to the Approach, these considerations could include:

• The severity or type of effect;

• Disproportionately impacted populations;

• The physical or chemical properties of the substance;

• The function and use of the substance;

• The environmental fate of the substance;

• The potential for increases or changes in current uses and exposures; or

• The potential for future uses and exposures.

Where possible, the Ministers will include considerations for listing a substance on the Watch List into existing processes.

Removing Substances from the Watch List

Under CEPA, the Minister of the Environment must delete a substance from the Watch List if:

• It is added to CEPA Schedule 1, when a substance or class of substances has been determined to be toxic; or

• The Ministers no longer have reason to suspect that the substance is capable of becoming toxic.

Information Published with Each Watch List Addition

According to the Approach, “[w]hen adding a substance to the Watch List, efforts will be made to post additional relevant information that is clear, concise, and searchable.” This will include the substance identifier (a Chemical Abstracts Service Registry Number^® (CAS RN^®) or a substance description), the substance name (or class of substance when appropriate), whether it is being added due to potential for human health or environment concerns, and any relevant references.

Watch List Table

Administration and Communication of the Watch List

ECCC will administer the Watch List. The Minister of the Environment will propose substances for addition to the Watch List at the time of publication of a draft assessment, which would include a public comment period prior to adding the substance on the Watch List. The Minister of the Environment will add substances to the Watch List following the existing processes, including:

• Substance assessment or review and recommended measure, as described under “Identification of Watch List Substances”;

• Posting in the Canada Gazette, Part I (e.g., proposed measure and science summary); and

• Publication in the CEPA Registry.

The Approach notes that substances assessed before the Watch List was created “may be reviewed for potential addition on the Watch List at a later date.”

Communication of Amendments

ECCC will communicate information about amendments to the Watch List using the CEPA Registry and government publications and tools (e.g., Canada Gazette; latest news about the Chemicals Management Plan; News Release; Backgrounder).

Examples of Follow-Up Activities for Watch List Substances

The Approach states that adding a substance or class of substances to the Watch List does not impose new requirements or restrictions concerning the substance or class. ECCC and HC may consider follow-up activities, however, such as those used to obtain additional information on the uses, hazards, or changes in levels of exposure to the substance, including:

• Significant New Activity (SNAc) provisions: The SNAc provisions in CEPA require a person to provide the government with information about a substance when proposing to use, import, or manufacture the substance for a SNAc, so that the proposed new activity can be assessed, and risk management action imposed, if necessary.

• Environmental monitoring and biomonitoring: Environmental monitoring and biomonitoring are used to collect data on the presence of substances in wildlife, air, water, or humans to inform potential for exposure. According to the Approach, these activities may be used to establish baseline concentrations of chemicals or track trends in concentrations over time.

• CEPA Section 71 Notices: Section 71 notices are mandatory information-gathering notices published by the government to collect scientific data (for example, toxicological studies) or commercial data (for example, substance use and quantities) to monitor commercial activity in Canada.

Commentary

CEPA uses a risk-based chemical regulatory scheme, similar to the Toxic Substances Control Act (TSCA) in the United States, yet there is nothing analogous to the Watch List in the United States. Once added to the Watch List, chemicals can remain there indefinitely, allowing the Watch List to serve effectively as a list of chemicals for deselection. The Minister of the Environment will propose a substance to the Watch List when ECCC publishes a draft assessment, and this provides a public comment opportunity. If an Organisation for Economic Co-operation and Development (OECD) country specifically prohibits or substantially restricts a chemical for environmental or health reasons, then the Minister of the Environment may also add it to the Watch List.

The Minister of the Environment will delete a chemical from the Watch List only if the chemical is added to CEPA Schedule 1, meaning that it has been determined to be toxic, or “the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.” Since substances may be added because of factors such as “the potential for increases or changes in current uses and exposures” or “the potential for future uses and exposures,” it is difficult to imagine how those factors based on future scenarios will change to allow a chemical to be removed from the Watch List.

As we have reported, there is currently a public consultation on the European Chemicals Agency’s (ECHA) Socio-Economic Analysis Committee’s (SEAC) draft opinion on the proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. Once SEAC adopts its final opinion, ECHA will formally submit the Risk Assessment Committee (RAC) and SEAC opinions to the European Commission (EC). Based on the two final opinions, the EC will propose a restriction for discussion and vote in the REACH Committee, composed of EU member states. To date, Canada has taken steps to exclude fluoropolymers from its State of PFAS Report and proposed risk management approach for PFAS. Whether it will continue to do so when the EC restricts PFAS under REACH remains to be seen. While PFAS are a unique example, stakeholders increasingly need to be aware of global chemical developments and how actions taken in one country may influence another.