Canada Proposes Disclosure of 198 Confidential Chemicals

On August 10, 2024, Environment and Climate Change Canada (ECCC) proposed amending the Domestic Substances List (DSL) by moving 198 previously confidential substances from Part 3 to Part 1, listed by their CAS registry numbers. The proposal is under a 60-day public consultation, with the final order to be published in Part II of the Canada Gazette. For details on the substances, click the link below.

https://canadagazette.gc.ca/rp-pr/p1/2024/2024-08-10/html/notice-avis-eng.html#na1

Part 1 & 3 of DSL

Part 1 of DSL features chemicals widely used and considered low-risk for health and the environment. These can be sold or used without prior approval, aligning with the Canadian Environmental Protection Act (CEPA) and ensuring transparency for the public and businesses. The DSL is updated regularly to reflect new additions and modifications to existing substances. In contrast, Part 3 includes substances with undisclosed chemical or biological names to protect trade secrets, often marketed under pseudonyms or codes.

Background

Since 2004, the identities of 198 substances have remained confidential. However, Environment and Climate Change Canada (ECCC) has been promoting transparency while protecting industrial secrets since 2018 by limiting confidentiality in terms of scope, frequency, and duration.

These updates are part of the Strengthening Environmental Protection for a Healthier Canada Act (Bill-S5), which passed in June 2023, amending the 1999 CEPA and adding new transparency provisions. Under section 317.2, the minister can reveal the actual names of substances ten years after a confidentiality request.

Upon notification, the public has 60 days to comment or consult. Businesses can verify substance identities through the New Substances Program. Those opposing disclosure must individually apply to use a pseudonym or code for each substance.

Further Information

Canada Gazette