There has been a lot of attention focused on Canada’s Risk Management approach to per- and polyfluoroalkyl substances (PFAS), as well as the rise of PFAS Class Action Lawsuits. While PFAS will continue to be the environmental issue du jour for the foreseeable future, what will be the next significant environmental issue? While we don’t know what the next emerging contaminant might be, it could come from the new “Watch List.”
The Watch List
As you may recall, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, received Royal Assent on June 13, 2023. In Bill S-5, there was a provision, “Increasing transparency – The Watch List.”
The Watch List is the result of a new section 75.1 of CEPA (the Canadian Environmental Protection Act) that states that the “Minister of the Environment shall compile and may amend from time to time a list that specifies substances that the Minister of the Environment and the Minister of Health (the Ministers) have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic. This list is known as the Watch List. Substances listed on Schedule 1 of CEPA cannot be added to the Watch List.”
These substances “may be of potential concern if exposure or hazard characteristics were to change in the future.”
The Watch List does not impose any requirements or restrictions on a substance or class of substances.
In Bill S-5, there was a provision, “Increasing transparency – The Watch List” (Image purchased on Shutterstock).
The Watch List Approach
The “Watch List Approach” was published in April 2026.
Adding a substance to the Watch List is one of the measures to be taken following an assessment or review of a substance under section 77 of CEPA. Substances on Schedule 1 of CEPA 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 Part 5 of CEPA,
- When a review of a decision of another jurisdiction under subsection 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.
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 (route or duration) may increase the risk profile of the substance.
These 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
- The potential for future uses and exposures
Where possible, the Ministers will include considerations for listing a substance on the Watch List in existing processes.
Substances to be removed from the Watch List
The Minister of the Environment must delete a substance from the Watch List if:
- It is added to Schedule 1 of CEPA 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.
In providing commentary on the Watch List, the law firm, Burgeson & Campbell, provided the following:
“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.”
Environmental Assistance
Addressing PFAS, managing excess soils in Ontario and other provinces, environmental compliance, etc., will continue to be the more immediate concern for companies. Monitoring developments on the newly established Watch List may indicate future environmental regulatory focus.
We will continue to monitor this and other potential environmental regulatory developments. If you would like to receive our monthly environmental newsletter, you can sign up below.
For assistance with environmental matters, contact Christopher Paré, P.Geo., or Katherine Rey, E.P., at 519-948-7300, Ext. 114 or Ext. 137, 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 30 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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