Administered by Environment Canada in conjunction with Health Canada, the Toxics Management Process is the approach taken to develop management tools including preventive or control instruments for substances that are found toxic and added to the List of Toxic Substances of the Canadian Environmental Protection Act, 1999 (CEPA 1999).
Under the Toxics Management Process, Environment Canada and Health Canada develop risk management instruments or tools in a way that ensures stakeholders are consulted and the strict timelines set out in CEPA 1999 are satisfied.
A key component of the Toxics Management Process is the development of a risk management strategy. The strategy describes how risks to human health and the environment posed by the use and/or release of a toxic substance will be addressed. It explains why risks associated with uses and/or releases of a substance must be managed, describes existing management initiatives or instruments in place to prevent or reduce uses and/or releases both domestically and internationally, and outlines what should be done in the future to prevent or control further use and/or release of the substance.
Key components of the strategy include: proposed risk management objectives, proposed risk management tools including instruments, implementation plan (describes implementation of tools including expected timeline), consultation approach, and other issues specific to the substance.
The overall objective of the Toxics Management Process is similar to that of the Strategic Options Process. The TMP was developed to replace the Strategic Options Process as it was recognized that changes had to be made if the requirements for managing toxics set out in CEPA 1999 were to be met.
 The Strategic Options Process developed goals, targets and management options for substances found to be toxic under CEPA, 1988. Sector or substance related "issue tables" were created to develop recommendations on the most effective and efficient options for managing the releases of toxic substances. Chaired by Environment Canada, the issue tables were multi-stakeholder consultative groups with representatives from industry, non-governmental organizations, and the federal and provincial governments. Each issue table produced a Strategic Options Report which provided a set of recommendations to the Ministers of Environment and Health for managing the toxic substances.
Under the TMP, Environment Canada in conjunction with Health Canada prepares a risk management strategy (this document replaces the Strategic Options Report). The proposed risk management objectives and management tools or instruments described in the risk management strategy are consulted on. These consultations may differ from those undertaken as part of the Strategic Options Process as they are designed to solicit comments and input for consideration rather than achieve consensus.
Several new mandates have been introduced in the Act, which propose an efficient process for identifying, screening, assessing and managing toxic substances. Two of these are the Categorization and Screening of the Domestic Substances List (DSL) and Section 75, which requires the review of decisions from other jurisdictions.
The Domestic Substances List Program of CEPA 1999 requires both the Ministers of the Environment and Health to "categorize" and then "screen" substances listed on the DSL. The screening level risk assessment (SLRA) conducted on the DSL substances involves an analysis of the substance to determine whether the substance is "toxic" or capable of becoming "toxic" as defined in Section 64 of the Act.
Section 75 of CEPA 1999 mandates the Ministers to review the decision from other jurisdictions to determine whether the substance is "toxic" or capable of becoming "toxic", unless the decision relates to a substance of which the only use in Canada is regulated under another Act of Parliament that provides for environmental and health protection.
Both the Minister of the Environment and the Minister of Health are also responsible for developing a list of substances, known as the Priority Substance List (PSL), which must be assessed in a timely manner to determine if they are "toxic" or capable of becoming "toxic". CEPA 1999 requires that substances on the PSL be assessed within 5 years of their addition to the List.
To determine if a substance is on the PSL, DSL, being reviewed under s.75 or currently being assessed visit the Existing Substances Branch Internet site at www.ec.gc.ca/substances/ese/eng/psap/psap.cfm or contact the Existing Substances Branch at (819) 997-1499.
Substances may also be added to the List of Toxic Substances in Schedule 1 of CEPA 1999 through section 90(1) of the Act without having gone through a Priority Substances List assessment, a screening assessment, or the review of another jurisdiction's decision if, on the recommendation of the Ministers of Environment and Health, Governor in Council is satisfied that a substance is toxic.
To determine if a substance is currently on the List of Toxic Substances in Schedule 1 of CEPA 1999 or if the Ministers have recommended that a substance be added to the List of Toxic Substances visit the CEPA Registry at www.ec.gc.ca/CEPARegistry/default.cfm.
The Toxics Management Process provides stakeholders with several opportunities to engage in the discussion of, or provide comments on the management of a toxic substance. Listed below are the risk management activities that will be consulted on:
1. The proposed risk management objectives and management tools including instruments of the risk management strategy - these consultations take place following publication in the Canada Gazette (under section 77(6) of the Act) of the final decision regarding the assessment of the substance with the Ministers of Environment and Health's recommendation that the substance be added to the List of Toxic Substances in Schedule 1 of CEPA 1999.
2.For substances identified for virtual elimination, the proposed level of quantification (the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods), and the prescribed quantity or concentration of a substance that may be released into the environment as presented in the risk management strategy - these consultations take place following publication in the Canada Gazette (under section 77(6) of the Act) of the final decision regarding the assessment of the substance with the Ministers of Environment and Health's recommendation that the substance be added to the List of Toxic Substances in Schedule 1 of CEPA 1999 and virtual elimination be implemented under subsection 65(3).
3. On the draft of the selected risk management tools or instruments - the nature and timing of these consultations will vary depending on the tool or instrument.
4. As part of the 60-day comment period following publication of a proposed instrument in the Canada Gazette.
The scope of all consultations will vary depending on the purpose and focus. They may range from an invitation to stakeholders to provide written comments, followed by an information meeting or teleconference, to a series of face-to-face meetings where the proposed objectives and tools or instruments are discussed.
The strategy leader and one or more risk managers are responsible for developing management tools for addressing the risks to human health and the environment posed by the use and/or release of a substance to the environment. Where more than one sector uses or releases the substance, risk managers are assigned to those sectors whose use or release of the substance has the greatest environmental or health impact.
The risk managers' main responsibilities include:
- developing a risk management objective,
- developing risk management tools including instruments to address the risk posed by the use and/or release of the substance from that sector, and
- undertaking stakeholder consultations on the proposed objective, and instruments or management tools.
The strategy leader is responsible for coordinating all risk management activities for a particular substance and developing a risk management strategy. The strategy leader can also be involved in the very early stages of the risk assessment process to assist in defining the scope of the assessment and developing follow-up actions should the substance be found toxic.
To find out who the risk manager and/or strategy leader is for the toxic substance of concern to your organization contact Risk Management Programs of the National Office of Pollution Prevention by electronic mail at: RiskManagementPrograms@ec.gc.ca.
For more information on the Toxics Management Process contact Risk Management Programs of the National Office of Pollution Prevention by electronic mail at: RiskManagementPrograms@ec.gc.ca.
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