In our October Environmental Compliance Tip, we noted new chemical reporting requirements under the Canadian Environmental Protection Act (CEPA). Below are more details on these requirements.
New reporting requirements under the Chemicals Management Plan (CMP), pursuant to CEPA, will require reporting on over 200 chemicals in two phases, beginning in March 2027. There are 184 chemicals listed in Phase 1 and 16 chemicals listed in Phase 2. The reporting applies to those who have manufactured or imported specified volumes of listed chemicals.
With respect to the imported provision of the reporting requirement, it applies to consumer exposure such that a consumer would inhale or have dermal contact. Specific examples are cookware, food packaging material, clothing, footwear, bedding, furniture, and flooring (see Application in the Canada Gazette Notice).
What Information is Required for Reporting Chemicals?
- The Canadian facility name and address.
- The six-digit North American Industry Classification System (NAICS) code(s).
- For each facility and substance, for the reporting year, the following is required:
- The total quantity of the substance manufactured at the facility, in kilograms (kg).
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- The total quantity of the substance used at the facility in the manufacture of a mixture, a product, or a manufactured item, whether alone, in a mixture, or in a product, in kg.
- The total quantity of the substance listed in Part 4 of Schedule 1 used at the facility in activities other than in the manufacture of a mixture, a product, or a manufactured item, whether alone, in a mixture, or in a product, in kg.
- A description of the activities for which the substance is used.
- Whether releases of the substance from the facility to air, water, or land are monitored.
The new CMP reporting requirements also apply to imported consumer products including cookware, food packaging material, clothing, footwear, bedding, furniture, and flooring.
Phase 1 and Phase 2 Reporting Deadline
Phase 1 (184 substances) reporting begins on August 29, 2026; the deadline to report is March 3, 2027.
Phase 2 (16 substances) reporting begins on March 4, 2027; the deadline to report is September 8, 2027.
Also note that there are some exclusions to the reporting requirements.
Stakeholder Concerns
According to the law firm McMillan, “Businesses that have previously reported under the section 71 notices for PFAS [per- and polyfluoroalkyl substances] or plastics will find the reporting process substantially similar. The cumulative administrative burden of successive section 71 information gathering initiatives under the CMP remains a concern for industry stakeholders and is at odds with the federal government’s efforts to reduce red tape under the Treasury Board’s Cabinet Directive on Regulation. Industry associations have noted that Canada’s approach also risks divergence from the chemical management frameworks of key trading partners, including the United States under the Toxic Substances Control Act and the European Union and United Kingdom under their respective REACH [registration, evaluation, authorisation and restriction of chemicals] regimes, which may be inconsistent with the regulatory cooperation and risk-based principles reflected in CUSMA Annex 12-A.”
What Should You Do?
The deadline for Phase I reporting will come quickly (March 3, 2027). You can read the announcement in the Canada Gazette. The announcement outlines the Phase 1 and Phase 2 requirements, as well as the list of chemicals that must be reported and the thresholds for reporting. You may want to discuss this with your technical and legal advisors.
If you have questions or need assistance, contact Christopher Paré, P.Geo., or Ehsan Momemi, P.Eng., at 519-948-7300, Ext. 114 and Ext.123, respectively.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo., reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 35 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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