Overview: substances of potential concern - the Watch List
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Summary
In June 2023, the Canadian Environmental Protection Act, 1999 (CEPA) was amended as a result of Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (now SC 2023, ch. 12). The new section 75.1 of the amended CEPA 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 have reason to suspect are capable of becoming toxic or that they have determined to be capable of becoming toxic" (the "Watch List"). Substances on Schedule 1 to CEPA cannot appear on the Watch List.
The Watch List is a legislated requirement under CEPA. The Watch List seeks to provide greater transparency in the identification of substances of potential concern to interested parties and the public.
The Watch List does not impose any requirements or restrictions on a substance or class of substances. The Minister of the Environment may add a substance to the Watch List when the Minister and the Minister of Health have a reason to suspect it is capable of becoming toxic, or if it has been determined it to be capable of becoming toxic.
Approach
In April 2026, the final Watch List Approach was published. The approach describes the process and considerations associated with adding and removing substances from the Watch List.
In December 2024, the proposed Watch List Approach was published for a 60-day public comment period. Comments received were considered in the development of the final approach.