Canada Gazette, Part I, Volume 159, Number 10: GOVERNMENT NOTICES

March 8, 2025

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 21979

Ministerial condition
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance summed multi-walled carbon nanotubes having the following characteristics: (a) at least 96% of the substance is composed of elemental carbon; (b) the typical individual nanotubes measure small-gauge in length; and (c) the typical diameter of the individual nanotubes measures small-gauge, Confidential Substance Identity Number 19763-1;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance subject to the conditions of the following annex.

Marc D’Iorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

ANNEX

Conditions
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

“notifier”
means the person who has, on October 1, 2024, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999;
“substance”
means summed multi-walled carbon nanotubes having the following characteristics: (a) at least 96% of the substance is composed of elemental carbon; (b) the typical individual nanotubes measure small-gauge in length; and (c) the typical diameter of the individual nanotubes measures small-gauge, Confidential Substance Identity Number 19763-1.

2. The notifier may manufacture or import the substance subject to the present ministerial conditions.

Restrictions

3. (1) The notifier shall not import or manufacture the substance for use in a consumer product, to which the Canada Consumer Product Safety Act applies, that can generate any form of respiratory particles through spray, aerosol, or mist applications;

(2) The notifier shall not import the substance as a component of a consumer product, to which the Canada Consumer Product Safety Act applies, that can generate any form of respiratory particles through direct spray, aerosol, or mist applications;

(3) The notifier shall not import or manufacture the substance for use in a coating product, to which the Canada Consumer Product Safety Act applies, at a concentration greater than 0.01% by weight;

(4) The notifier shall not import the substance as a component of a coating product, to which the Canada Consumer Product Safety Act applies, at a concentration greater than 0.01% by weight;

(5) The notifier shall not import or manufacture the substance for use in a structural building material at a concentration greater than 0.06% by weight;

(6) The notifier shall not import the substance as a component of a structural building material at a concentration greater than 0.06% by weight.

4. The notifier shall transfer the physical possession or control of the substance only to a person who agrees to use it in accordance with section 3.

Environmental release

5. Where any release to the environment of the substance or waste containing it occurs, the notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the notifier shall, as soon as possible in the circumstances, notify an enforcement officer or the person providing the 24-hour emergency telephone service for the province where the release occurs referred to in the Annex to the Release and Environmental Emergency Notification Regulations.

Other requirements

6. The notifier shall, prior to transferring the physical possession or control of the substance or waste to any person

Record-keeping requirements

7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) When the notifier learns of a change to the address referred to in paragraph (1)(c), the notifier must update the electronic or paper records mentioned in subsection (1) accordingly within 30 days after learning of the change.

(3) The notifier shall create the electronic or paper records mentioned in subsection (1) no later than 30 days after the date the information or documents become available.

(4) The notifier shall maintain the electronic or paper records mentioned in subsection (1)

(5) Any records mentioned in subsection (1) that are kept electronically must be in an electronically readable format.

Coming into force

8. The present ministerial conditions come into force on February 21, 2025.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after assessment of boric acid, its salts and its precursors, including those specified on the Domestic Substances List (section 77 of the Canadian Environmental Protection Act, 1999)

Whereas a summary of the updated draft assessment conducted on boric acid, its salts and its precursors, pursuant to paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999 (the Act) is annexed hereby;

And whereas it is proposed to conclude that boric acid, its salts and its precursors meet one or more of the criteria set out in section 64 of the Act;

And whereas “boric acid, its salts and its precursors” includes any boron-containing substance that may release boric acid through any transformation pathway at environmentally or physiologically relevant conditions,

Notice therefore is hereby given, for the purposes of paragraph 77(1)(a), that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that boric acid, its salts and its precursors be added to Part 2 of Schedule 1 to the Act.

Notice is furthermore given that the ministers have released a revised risk management scope document for these substances to continue discussions with stakeholders on the development of risk management options.

Public comment period — March 8, 2025, to May 7, 2025

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical substances) website. The updated draft assessment and the revised risk management scope documents may also be consulted.

How to participate: All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Substance Prioritization, Assessment and Coordination Division, Department of the Environment, Gatineau, Quebec K1A 0H3,

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential. The request must provide reasons as provided for under subsection 313(2) of the Act.

Jacqueline Gonçalves
Director General
Science Reporting and Assessment Directorate
On behalf of the Minister of the Environment

Jacinthe David
Director General
Industrial Sectors and Chemicals Directorate
On behalf of the Minister of the Environment

Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX
Summary of the updated draft assessment of boric acid, its salts and its precursors

Pursuant to section 68 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted an assessment of boric acid, its salts and its precursors. The first draft screening assessment was published in July 2016. Significant new use and exposure information, including additional environmental monitoring and human biomonitoring data from the Canadian Health Measures Survey (CHMS), subsequently became available. As a result, the draft assessment was updated and is presented here.

This updated draft assessment focuses on boric acid, a common moiety of concern, and therefore considers boric acid, its salts and its precursors, including any boron-containing substance that may release boric acid through any transformation pathway (for example hydrolytic, oxidative, or metabolic) under environmentally or physiologically relevant conditions (for example pH and temperature). Boron-containing chemicals and associated hydrated forms were evaluated for their potential to be salts or precursors of boric acid. This assessment considers the total exposure of humans and other living organisms to boric acid, whether from environmental media (for example water, sediment, soil, or air), food, or products available to consumers. The potential for cumulative effects was considered in this assessment by examining cumulative exposures to the moiety of boric acid.

Boric acid has both natural and anthropogenic sources. Natural sources of boric acid include sea-salt aerosols, soil dusts, volcanoes, biomass burning (for example forest fires), plant aerosols, and rock and soil weathering. Anthropogenic sources are also significant and include the manufacture, import, and use of boric acid, its salts and its precursors in products and manufactured items. Information submitted in response to a CEPA section 71 notice indicates that nine boron-containing substances were manufactured or imported in Canada in quantities ranging from less than 0.1 tonnes to 1 000 tonnes and imported in quantities ranging from less than 1 tonne to 10 000 tonnes in 2008 and 2011. In addition, information from the Canadian International Merchandise Trade Database indicates that 54 810 tonnes to 65 795 tonnes of boric acid, its salts and its precursors were imported annually into Canada from 2017 to 2020, of which between 53 489 tonnes and 64 394 tonnes were used domestically.

Boric acid, its salts and its precursors are used in a wide variety of products and applications, including cellulose and fibreglass insulation manufacturing, industrial and consumer cleaning products, self-care products (i.e. cosmetics, natural health products, and non-prescription drugs), other chemicals, gypsum board manufacturing, engineered wood products manufacturing, oil and gas extraction, agriculture (for example fertilizers), pulp and paper manufacturing and packaging, rubber manufacturing, chemical manufacturing, metallurgical applications, and surface finishing. Sectors identified as anthropogenic sources of boric acid include the incidental production and subsequent release of boric acid as a result of activities such as coal-fired power generation, metal ore mining (including base metals, precious metals, and uranium), base metals and precious metals smelting and refining, coal mining, oil sands extraction and processing, oil and gas extraction, pulp and paper manufacturing, waste water treatment (including the land application of biosolids), and waste disposal (landfill leachate). In addition, boric acid, its salts and its precursors are present in a number of products available to consumers and related uses, including arts and crafts materials and toys, do-it-yourself (DIY) products (including adhesives and sealants, automotive maintenance products, home maintenance products, and paints and coatings), flame retardant uses, and swimming pool and spa maintenance products.

Ecological exposure scenarios were developed for various activities that represent significant sources of releases of boric acid, its salts and its precursors to the environment, including pulp and paper manufacturing, products available to consumers, rubber manufacturing, electroplating, fibreglass insulation manufacturing, cellulose insulation manufacturing, gypsum board manufacturing, engineered wood manufacturing, and fertilizer and pest control products manufacturing. In addition, exposure scenarios were developed for the following sectors on the basis of their potential to release boric acid incidentally (as a by-product): coal-fired power generation, metal ore mining, base and precious metals smelting and refining, coal mining, oil sands extraction and processing, and waste water and waste management.

A metalloid ion like boric acid is considered to be infinitely persistent. Boron, absorbed as boric acid, is an essential micronutrient in most plants and some animals. Generally, boric acid is not considered to be bioaccumulative in most aquatic organisms, although bioaccumulation has been observed in some aquatic plants and algae. Evidence suggests that boric acid does not biomagnify in the environment.

The ecological effects assessment focused on the effects of boric acid in aquatic and soil-dwelling organisms. A long-term predicted no-effect concentration (PNEC) value of 1.5 mg B/L for aquatic organisms based on the Canadian Water Quality Guidelines was derived from ecotoxicity studies using a species sensitivity distribution approach by the Canadian Council of Ministers of the Environment. Considering that anthropogenic boric acid added in soil is highly bioavailable compared with natural sources of boron, an added fraction of boric acid PNECadded was derived for soil-dwelling organisms.

A weight-of-evidence approach was used to determine the potential for ecological harm in Canada. Risk quotient analyses were performed by comparing predicted environmental concentrations with PNECs. The outcome of the ecological risk characterization indicates low potential for ecological harm from most sectors and activities that release boric acid; however, potential for ecological harm was identified as a result of aquatic releases of boric acid from one facility that processed recovered slags for precious and other base metals from the metal ore mining sector.

Considering all available lines of evidence presented in this updated draft assessment, there is risk of harm to the environment from boric acid, its salts and its precursors. It is proposed to conclude that boric acid, its salts and its precursors meet the criteria under paragraph 64(a) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity; however, it is proposed to conclude that boric acid, its salts and its precursors do not meet the criteria under paragraph 64(b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.

People in Canada have background exposure to boric acid from its natural and anthropogenic presence in environmental media, food, and drinking water. As boron is considered to be an essential micronutrient for plant growth, naturally occurring boron in fruits and vegetables and, to a lesser extent, drinking water are the primary contributors to background exposure. Considering the universally recognized health benefits of diets rich in fruits and vegetables, background dietary exposure from natural sources is not considered to be of concern for the general population in Canada.

In addition, the general population in Canada is exposed to boric acid from a variety of uses and products. Population exposure to boron was characterized using urine biomonitoring data from the nationally representative CHMS and the First Nations Youth, Environment and Health study, as well as blood biomonitoring data from the Alberta Biomonitoring Program, the Northern Saskatchewan Prenatal Biomonitoring study, and several smaller studies conducted in Europe. Total boron measured in urine and blood provides a biologically relevant, integrated measure of exposure that may occur from all routes (for example oral, dermal, and inhalation) and all sources, including environmental media, food, and frequently or commonly used products. Generally, females were found to have higher urinary concentrations of boron than males, while males were found to have higher blood concentrations. There is a “U”-shaped age-related pattern in urinary boron concentrations across the population. Overall, young children have higher urinary boron concentrations than adults. Pregnancy status did not impact exposure levels. No differences in exposure were observed between Indigenous and non-Indigenous people living in Canada.

Biomonitoring data were considered to be the most appropriate data for estimating combined systemic exposure to boric acid from all routes and sources. Exposure estimates predicted from the urine biomonitoring data for the general population and for males aged three to five years of age from the CHMS were used to characterize risk to human health. Margins of exposure (MOEs) between the exposure estimates and the chronic critical health effect (decreased testicular weight) were considered potentially inadequate to address uncertainties in the health effects and exposure data used to characterize risk.

Exposure estimates were derived for uses and products in order to help identify sources of exposure. The exposure estimates indicate that there are many uses and products that contribute to exposure at levels that are similar to or well above background exposure from food, drinking water, and environmental media. MOEs between exposure estimates for some arts and crafts materials and toys, cleaning products, flame retardants, DIY products, self-care products (cosmetics, natural health products, and non-prescription drugs), and swimming pool and spa maintenance products, and the acute critical health effect (skeletal abnormalities) for infrequently or intermittently used products or the chronic critical health effect (decreased testicular weight) for frequent or daily use products are considered potentially inadequate to address uncertainties in the health effects and exposure data used to characterize risk.

In addition to systemic effects from exposure to boric acid, effects following inhalation exposure to boron trifluoride and boron trifluoride monoetherate were identified. The MOE between the estimated air concentration from use of cosmetic nail and eyelash adhesives and the critical health effect for boron trifluoride was considered adequate to address uncertainties in the health effects and exposure data used to characterize risk.

The human health assessment took into consideration those groups of individuals within the general population who, due to greater susceptibility or greater exposure, may be more vulnerable to experiencing adverse health effects. Males or people assigned the male gender at birth of all ages were found to be more susceptible to adverse health effects of boric acid than pregnant women and pregnant people, the developing fetus, and children. Children were found to have higher exposure than adults. Higher urinary boron concentrations were associated with people who identified as white, had higher education levels, were normal weight or underweight, were non-smokers, or who had higher consumption of fruits and vegetables.

Considering all of the information presented in this updated draft assessment, it is proposed to conclude that boric acid, its salts and its precursors meet the criteria under paragraph 64(c) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed overall conclusion

It is therefore proposed to conclude that boric acid, its salts and its precursors meet one or more of the criteria set out in section 64 of CEPA.

It is also proposed that boric acid, its salts and its precursors meet the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.

The updated draft assessment and the revised risk management scope document for these substances are available on the Canada.ca (Chemical substances) website.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after assessment of the Benzotriazoles and Benzothiazoles Group, including those specified on the Domestic Substances List (section 77 of the Canadian Environmental Protection Act, 1999)

Whereas a summary of the assessment conducted on substances in the Benzotriazoles and Benzothiazoles Group pursuant to paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999 is annexed hereby;

And whereas it is concluded that 2-mercaptobenzothiazole and its precursors (i.e. 2-mercaptobenzothiazole, its salts, and compounds containing 2-mercaptobenzothiazole bonded to any chemical moiety through disulfide or sulfenamide bonds or bonded with methyl ester thiocyanic acid), including the six benzothiazole substances identified in Table 1 of the Annex, meet one or more of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that 2-mercaptobenzothiazole, its salts, and compounds containing 2-mercaptobenzothiazole bonded to any chemical moiety through disulfide or sulfenamide bonds or bonded with methyl ester thiocyanic acid be added to Part 2 of Schedule 1 to the Act;

And whereas it is concluded that the nine benzotriazole substances identified in Table 2 of the Annex do not meet any of the criteria set out in section 64 of the Act,

Notice is further given that the ministers propose to take no further action on the nine benzotriazole substances at this time.

Notice is furthermore given that the ministers have released a risk management approach document for the substances that are being recommended for addition to Part 2 of Schedule 1 to the Act. The risk management approach document is available on the Canada.ca (Chemical Substances) website to continue discussions with stakeholders on the manner in which the ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substances.

Public comment period on the risk management approach — March 8, 2025, to May 7, 2025

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the risk management approach document. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical substances) website. The assessment and the risk management approach documents may also be consulted.

How to participate: All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Substance Prioritization, Assessment and Coordination Division, Department of the Environment, Gatineau, Quebec K1A 0H3,

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential. The request must provide reasons as provided for under subsection 313(2) of the Act.

Steven Guilbeault
Minister of the Environment

Mark Holland
Minister of Health

ANNEX
Summary of the assessment of Benzotriazoles and Benzothiazoles Group

Pursuant to section 68 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted an assessment of 15 substances referred to collectively in this assessment as the Benzotriazoles and Benzothiazoles Group. The Chemical Abstracts Service Registry Numbers (CAS RNs), the Domestic Substances List (DSL) names and the common names or acronyms of these substances, as well as their subgroup as either benzotriazoles or benzothiazoles, are listed in the tables below.

Table 1: Substances in the benzothiazoles subgroup
CAS RN DSL name Common name and/or acronym
95-31-8 2-Benzothiazolesulfenamide, N-(1,1-dimethylethyl) TBBS
95-33-0 2-Benzothiazolesulfenamide, N-cyclohexyl- CBS
120-78-5 Benzothiazole, 2,2’-dithiobis- MBTS
149-30-4 2(3H)-Benzothiazolethione MBT
2492-26-4 2(3H)-Benzothiazolethione, sodium salt SMBT
4979-32-2 2-Benzothiazolesulfenamide, N,N-dicyclohexyl- DCBS
Table 2: Substances in the benzotriazoles subgroup
CAS RN DSL name Common name and/or acronym
95-14-7 1H-Benzotriazole Benzotriazole
3147-75-9 Phenol, 2-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)- UV-329
3846-71-7 Phenol, 2-(2H-benzotriazol-2-yl)-4,6-bis(1,1-dimethylethyl)- UV-320
3896-11-5 Phenol, 2-(5-chloro-2H-benzotriazol-2-yl)-6-(1,1-dimethylethyl)-4-methyl- UV-326
29385-43-1 table a2 note a 1H-Benzotriazole, 4(or 5)-methyl- Tolyltriazole
36437-37-3 Phenol, 2-(2H-benzotriazol-2-yl)-4-(1,1-dimethylethyl)-6-(1-methylpropyl)- UV-350
70321-86-7 Phenol, 2-(2H-benzotriazol-2-yl)-4,6-bis(1-methyl-1-phenylethyl)- UV-234
80595-74-0 1H-Benzotriazole-1-methanamine, N,N-bis(2-ethylhexyl)-5-methyl- N/A
94270-86-7 table a2 note a 1H-Benzotriazole-1-methanamine, N,N-bis(2-ethylhexyl)-ar-methyl- N/A

Table a2 note(s)

Table a2 note a

This CAS RN is a substance of unknown or variable composition, complex reaction products, or biological material (UVCB).

Return to table a2 note a referrer

Abbreviations: N/A, not available

The substances in the benzotriazoles subgroup are not expected to occur naturally, and the natural occurrence of substances in the benzothiazoles subgroup is expected to be rare. The substances in both subgroups are used in various applications. According to information submitted in response to a CEPA section 71 survey, tolyltriazole was the only substance manufactured in Canada above the reporting threshold of 100 kg, at a quantity between 1 000 kg and 10 000 kg in 2015. Two substances, UV-320 and CAS RN 80595-74-0, were not reported to be imported above 100 kg, while the remaining substances in the Benzotriazoles and Benzothiazoles Group were imported into Canada in total quantities for each substance ranging from 100 kg to 10 000 000 kg, based on data submitted for either 2014 or 2015. Substances in the benzotriazoles subgroup are used in various products including cosmetics, food packaging, and lubricants and greases. Some of these substances are used as ultraviolet light stabilizers and corrosion inhibitors. Substances in the benzothiazoles subgroup have uses in automotive products, rubber products, lubricants and greases, and mining. TBBS, CBS, MBTS, MBT, and DCBS are often used as accelerators for the vulcanization of rubber, and SMBT is used as a corrosion inhibitor.

The ecological risks of the substances in the benzotriazoles subgroup were characterized using the ecological risk classification (ERC) of organic substances, which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of ERC analysis, substances in the benzotriazoles subgroup are considered unlikely to be causing ecological harm.

The substances in the benzothiazoles subgroup all contain the 2-mercaptobenzothiazole (MBT) moiety. This moiety was identified as the key part of the molecule which may be released to the Canadian environment based either on direct use and release of MBT or through indirect release owing to degradation of the parent compounds. Precursors to MBT are considered substances that contain an MBT moiety and that can degrade to MBT through any transformation pathway (for example hydrolytic, redox, digestive or metabolic) at environmentally, industrially or physiologically relevant conditions. Therefore, the assessment of the benzothiazoles subgroup considers MBT and all substances that are precursors to MBT (herein referred to as MBT and its precursors). The potential for cumulative effects was considered in this assessment by examining cumulative exposures from the broader class of benzothiazoles that are precursors to MBT. Upon exposure to water, the parent compounds are expected to degrade to MBT, which will largely remain in the water given its solubility; however, sorption to particulate matter is possible. In such cases, it would be expected that sorbed substances could settle to the sediment.

Predominant sectors for which release to water may occur include use in the tire and other rubber products manufacturing sector, use in metalworking fluids and use in some subsectors of the mining industry. Release to terrestrial environments is possible as a result of biosolids application.

Experimental toxicity data indicate that MBT has the potential to cause harm to aquatic organisms at low concentrations. MBT is expected to persist but has low potential to bioaccumulate. Risk quotient analyses were conducted to compare estimated aquatic concentrations to adverse effect concentrations in aquatic organisms for different exposure scenarios. Exposure scenarios for tire and other rubber products manufacturing, use in lubricants, and use in some mining subsectors indicate that MBT poses a risk to aquatic organisms. Scenarios involving releases to soil do not indicate a risk.

Considering all available lines of evidence presented in this assessment, there is a low risk of harm to the environment from the benzotriazoles subgroup. It is concluded that the substances in the benzotriazoles subgroup do not meet the criteria under paragraphs 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Considering all available lines of evidence presented in this assessment, there is a risk of harm to the environment from MBT and its precursors. It is concluded that MBT and its precursors, including the substances in the benzothiazoles subgroup, meet the criteria under paragraph 64(a) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. However, it is concluded that the substances in the benzothiazoles subgroup do not meet the criteria under paragraph 64(b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.

With respect to human health, UV-350 was evaluated using the Threshold of Toxicological Concern (TTC)-based approach, which considers the potential hazard of similar chemical structures, as well as chemical-specific genotoxicity data, when available. The estimate of exposure generated for UV-350 was lower than the TTC value, indicating a low probability of risk to human health. Therefore, UV-350 is considered to be of low concern for human health at current levels of exposure.

For the benzotriazoles subgroup, health effects of concern for benzotriazole and tolyltriazole, based largely on health effects associated with benzotriazole, include kidney, liver, uterine, prostate, lymph node, and bone marrow effects and carcinogenicity. For tolyltriazole, additional effects of concern include changes to blood parameters. As the health effects database for UV-329 was limited, the critical health effects for this substance were identified on the basis of effects associated with the structurally related substance UV-320, which are predominantly liver effects. For UV-326, the health effects of concern are systemic effects. The principal health effects of concern for UV-234 are liver effects. In the absence of substance-specific health effects data for CAS RN 80595-74-0, the health effects of concern for this substance are considered to be the same as those identified for the structurally related substance CAS RN 94270-86-7, which include developmental effects, systemic effects, and effects in the thymus, lymphoid, and spleen.

The general population of Canada may be exposed to certain substances in the benzotriazoles subgroup from environmental media, such as drinking water and indoor air, from dietary intake of certain fish, seafood, and human milk, and from the use of products available to consumers, such as cosmetics (for example nail products, lip and cheek tint, and soap), ink pens, and automotive products (for example lubricant, cooling system repair, and protective removable auto paint). Exposures of the general population in Canada to CAS RN 94270-86-7 are expected to be similar to those of CAS RN 80595-74-0 on the basis of their chemical structures and identified uses. Comparisons of the levels at which critical health effects occur (or, in their absence, the highest tested dose in key studies) and the levels to which the general population may be exposed resulted in margins which are considered adequate to address uncertainties in the health effects and exposure databases for benzotriazole, UV-329, UV-326, tolyltriazole, UV-234, CAS RN 80595-74-0, and CAS RN 94270-86-7.

For the benzothiazoles subgroup, the health effect of concern for MBT is bladder cancer based upon the International Agency for Research on Cancer (IARC) classification for MBT as a group 2A carcinogen (“probably carcinogenic to humans”). In the absence of substance-specific carcinogenicity data for TBBS, CBS, MBTS, SMBT, and DCBS, effects for the structurally related substance MBT were used to inform cancer risk assessments. For non-cancer effects, the health effect of concern is kidney effects for CBS, and changes in liver weights for MBT and SMBT. Owing to limited substance-specific data for MBTS, the identification of critical health effects was informed by the structurally similar substances MBT and SMBT.

Potential exposures of the general population in Canada to the benzothiazoles subgroup were estimated on the basis of potential levels in drinking water, in dietary intake of certain fish and seafood and in products available to consumers, such as rubber granulates used on synthetic turf and automotive lubricant. Comparisons of the critical effect levels to the estimated levels of exposure to TBBS, CBS, MBTS, MBT, SMBT, and DCBS result in margins that are considered adequate to account for uncertainties in the health effects and exposure databases. The potential for cumulative effects was considered in this assessment by examining cumulative exposures from oral and dermal routes from a subset of benzothiazoles (that is, MBT, MBTS, and CBS) that may co-occur in rubber granulates. The resulting cumulative cancer risk is considered to be low.

The human health assessment took into consideration those groups of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be more vulnerable to experiencing adverse health effects from exposure to substances. The potential for increased susceptibility during development and reproduction was assessed. Exposure estimates are routinely assessed by age to take into consideration physical and behavioural differences during different stages of life. Young children (that is, 1-year-olds) are expected to have higher exposure to ambient air than adults. All of these populations were taken into consideration while assessing the potential harm to human health.

Considering all the information presented in this assessment, it is concluded that benzotriazole, UV-329, UV-320, UV-326, tolyltriazole, UV-350, UV-234, CAS RN 80595-74-0, CAS RN 94270-86-7, TBBS, CBS, MBTS, MBT, SMBT, and DCBS do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Overall conclusion

It is concluded that the nine substances in the benzotriazoles subgroup do not meet any of the criteria set out in section 64 of CEPA and that MBT and its precursors, including the six substances in the benzothiazoles subgroup, meet one or more of the criteria set out in section 64 of CEPA.

It is also determined that certain substances included among MBT and its precursors meet the persistence criteria but MBT and its precursors do not meet the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.

Considerations for follow-up

While exposure of the general population to TBBS, CBS, MBTS, MBT, SMBT and DCBS are not of concern to human health at levels of exposure considered in the assessment, these substances are associated with effects of concern. Therefore, there may be concern to human health if exposure levels were to increase. As a result, these substances may be considered in future initiatives to track their commercial status or identify new uses or exposures. Monitoring of MBT in surface water and sediment, which is planned as part of the ecological performance measurement evaluation, will also help track human exposures.

The Government will use the data gathered through follow-up activities to prioritize further information gathering or risk assessment of these substances, if required.

The assessment and the risk management approach document for these substances are available on the Canada.ca (Chemical substances) website.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of the State of Per- and Polyfluoroalkyl Substances (PFAS) Report (section 77 of the Canadian Environmental Protection Act, 1999)

Whereas an executive summary of the State of PFAS Report prepared on the class of PFAS pursuant to paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999 (the Act) is annexed hereby;

Whereas PFAS are defined as compounds that contain at least one fully fluorinated methyl or methylene carbon atom (without any hydrogen, chlorine, bromine or iodine atoms bonded to it), and the class of PFAS is comprised of substances meeting this definition;

Whereas fluoropolymers are defined as polymers made by polymerization or copolymerization of olefinic monomers (at least one of which contains fluorine bonded to one or both of the olefinic carbon atoms) to form a carbon-only polymer backbone with fluorine atoms directly bonded to it;

And whereas it is concluded that the class of PFAS, excluding fluoropolymers, meets one or more of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that the class of PFAS, excluding fluoropolymers, be added to Part 2 of Schedule 1 to the Act.

Notice is given that the ministers propose, for the purposes of subparagraph 77(6)(c)(i) of the Act, to regulate the class of PFAS, excluding fluoropolymers, under the Act to prohibit the use of PFAS not currently regulated in firefighting foams, and other uses and sectors in relation to PFAS through a phased approach.

Notice is furthermore given that the ministers have released a risk management approach document for the class of PFAS, excluding fluoropolymers, on the Canada.ca (Chemical substances) website to continue discussions with stakeholders on the manner in which the ministers intend to develop proposed regulations or instruments respecting preventive or control actions in relation to the class of substances.

Public comment period on the risk management approach — March 8, 2025, to May 7, 2025

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the risk management approach document. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical substances) website. The report and the risk management approach may also be consulted.

How to participate: All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Substance Prioritization, Assessment and Coordination Division, Department of the Environment, Gatineau, Quebec K1A 0H3,

In accordance with section 313 of the Act, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential. The request must provide reasons as provided for under subsection 313(2) of the Act.

Steven Guilbeault
Minister of the Environment

Mark Holland
Minister of Health

ANNEX

Executive summary of the State of Per- and Polyfluoroalkyl Substances (PFAS) Report

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of human-made substances. These substances have a wide range of uses in products available to consumers, and in commercial and industrial applications. The widespread use of these substances and their extreme persistence in the environment, propensity for accumulation, and mobility has led to PFAS being commonly detected in the environment and humans. Despite data having largely been generated on a limited suite of well-studied PFAS, there is an increasing body of evidence that exposure to other PFAS can lead to adverse effects on the environment and human health. Cumulative effects from co-exposure to multiple PFAS may also occur.

This report provides a qualitative assessment of the fate, sources, occurrence, and potential impacts of PFAS on the environment and human health to inform decision-making on PFAS in Canada. The Draft State of PFAS Report was published in May 2023, followed by the Updated Draft State of PFAS Report which was published in July 2024. Both documents were open for a 60-day public consultation. This report has taken into consideration the comments received and information submitted during both consultation periods or identified from other sources.

The common chemical characteristic of PFAS is their perfluoroalkyl moiety, which is extremely stable in the environment, to the extent that PFAS have often been termed “forever chemicals.” Simple PFAS are highly persistent, whereas more complex molecules transform into stable PFAS. In this report, the term PFAS refers to the broad chemical definition by the Organisation for Economic Co-operation and Development (OECD) [2021], which is: “fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any H/Cl/Br/I atom attached to it), that is, with a few noted exceptions, any chemical with at least a perfluorinated methyl group (–CF3) or a perfluorinated methylene group (–CF2–) is a PFAS.” The class of PFAS is comprised of substances meeting this definition. The definition captures substances with a wide range of structures and properties, from discrete chemicals, such as perfluorocarboxylic acids, perfluorosulfonic acids, and fluorotelomer alcohols, to side-chain fluorinated polymers, perfluoropolyethers and fluoropolymers. Some PFAS on the market also possess structural attributes other than perfluoroalkyl chains (for example inclusion of ether linkages or chlorine atoms in the fluorinated hydrocarbon chains).

The properties of PFAS (including their oil and water repellency, high chemical, physical and thermal resistance to degradation, and low surface tension) have led to their use in a wide range of products available to consumers and in commercial and industrial applications. Some typical uses of PFAS include surfactants, lubricants, and repellents (for dirt, water, and grease). PFAS can also be found in certain firefighting foams (for example aqueous film-forming foams [AFFF]), food packaging materials, drugs (including natural health products and non-prescription drugs), medical devices, cosmetics, pesticides, textiles (for example carpets, furniture, and clothing), vehicles and electronics.

There are many potential sources of PFAS in Canada that can lead to human exposure and releases to the environment. Humans can be exposed to PFAS from various sources such as food and food packaging materials, cosmetics, products available to consumers, ambient air, indoor air and dust, and drinking water. Furthermore, PFAS-impacted contaminated sites represent “hot spot” areas across Canada where people and the environment may be exposed to elevated concentrations of PFAS. Such sites include those associated with the use of AFFF, typically released during activities associated with fighting liquid fuel fires, training activities and maintenance of firefighting equipment, including at airports and military facilities. As it is not possible to separate PFAS-containing waste from the general waste stream, PFAS-containing products can be found in municipal solid waste (MSW) landfills or are destined for MSW incineration. Composting of PFAS-containing food packaging materials, releases into wastewater treatment systems, and the application of biosolids to land provide additional pathways of PFAS exposure to the environment. It should be noted that PFAS contamination is present throughout Canada and is not limited to a few sources or areas.

Once PFAS are released into the environment, their physical and chemical properties influence their fate and behaviour. Neutral PFAS (for example fluorotelomer alcohols) may be more volatile and therefore more likely to be found in the atmosphere. Fluorotelomer alcohols as well as other polyfluoroalkyl substances and side-chain fluorinated polymers can undergo transformation to form other more stable PFAS that are extremely persistent in the environment under ambient conditions. Ionic PFAS (which are predominantly ionized at environmental pH), such as perfluorocarboxylic acids and perfluorosulfonic acids, are water soluble and non-volatile, and thus partition predominantly to water where they can mobilize. Some shorter-chain PFAS, adopted in place of prohibited long-chain PFAS, have proven to be even more mobile on a local scale, potentially leading to transfer to food crops and drinking water. Some PFAS are also capable of undergoing long-range transport in the atmosphere (that is, for neutral, volatile PFAS) or in global ocean currents (that is, for ionic PFAS), as evidenced by their widespread distribution around the world, including in remote regions. Experience with contaminated sites management has also indicated that PFAS are challenging to remediate from contaminated sites and it is not possible to remove them from the broader environment.

Globally, PFAS can be found in virtually all environmental compartments, including air, surface and groundwater, oceans, soils, and biota, as well as in wastewater influent and effluent, landfill leachate, sewage sludge, and biosolids. The highest reported concentrations are typically in proximity to known sources of PFAS that may be released into the environment, such as contaminated sites where concentrations of PFAS may occur at levels which can pose negative human health and/or environmental effects. PFAS are also routinely reported in locations far removed from these sources. Similarly, although the highest concentrations of PFAS in organisms have been noted in proximity to known releases, their ubiquitous presence has been noted in tissue samples collected from organisms worldwide. While the number of PFAS that have been examined in studies to date has been limited, studies have increasingly noted the frequent detection of a range of PFAS. Monitoring and research activities in Canada are being conducted to better understand trends in PFAS occurrence in Canadian ecosystems and wildlife. Thus far, these activities have confirmed the ubiquitous presence of PFAS throughout Canada.

Depending on the substance’s physical and chemical properties, certain PFAS have been found to bioaccumulate in biota. PFAS have also been reported to significantly biomagnify (that is, to accumulate to increasingly higher levels up the food chain) in air-breathing organisms (for example mammals, birds), which can increase the likelihood of adverse effects being observed. Ecotoxic effects such as immunotoxicity and neurotoxicity as well as effects on growth, reproduction, and development have been reported in the literature, although there are still significant data gaps for certain species, groups of PFAS, and types of effects studied.

Currently, only a small number of PFAS are monitored in human biomonitoring surveys. Certain PFAS have been found in the blood (plasma or serum) of the general population in Canada and internationally. PFAS can also be transferred through the placenta, and infants and children can be exposed to PFAS through ingestion of human milk. Certain subpopulations were identified as having potential for greater exposure to PFAS. Compared to the general population, some northern Indigenous communities (as measured in adults, including pregnant women) as well as Indigenous youth and children in other parts of Canada were considered to have higher levels of certain PFAS; however, other PFAS (for example perfluorooctanoic acid [PFOA]) have been noted to be lower. Firefighters internationally were also found to have elevated levels of certain PFAS. Canadian firefighters and people living in the vicinity of sites contaminated with PFAS (for example associated with the use of AFFF) may also be disproportionately exposed to higher levels of PFAS, although specific Canadian biomonitoring information was not available for these subpopulations.

In humans, some well-studied PFAS have been demonstrated to be readily absorbed in the body and bind to proteins in the blood. These PFAS can then be distributed through the bloodstream and accumulate in well perfused tissues (for example liver and kidneys). Some of the studied PFAS have been shown to be eliminated very slowly from the human body. Toxicological (in vitro and in vivo) and human epidemiological information is only available for a limited number of PFAS and recent information on well-studied PFAS, particularly PFOA and perfluorooctane sulfonate (PFOS), shows negative effects on human health at lower levels than reported in previous studies. Effects commonly reported in animal studies include effects on the liver, kidney, thyroid, immune system, nervous system, metabolism, body weight, reproduction, and development. Outcomes of human epidemiological studies involve similar organs, systems, or endpoints. Based on this information, it is evident that exposure to PFAS has the potential to cause effects to multiple organs and systems.

Although the vast majority of toxicology and epidemiology studies have focused on the effects from exposure to a single PFAS, biota and humans typically experience exposure to many PFAS at a given time, as can be seen from environmental sampling and biomonitoring data. A limited number of studies have evaluated the interactive effect of multiple PFAS on different endpoints; however, given the vast number and ubiquity of PFAS, it is reasonable to expect that cumulative effects may occur. The Government of Canada has been actively studying the ecological and human health effects associated with exposure to PFAS, including the use of new approach methods to characterize multiple PFAS in biological and environmental media at the same time. These studies confirm the environmental presence of PFAS mixtures that include many substances that are not targeted in typical monitoring and surveillance studies. In addition to specific initiatives, there are ongoing environmental and human monitoring and surveillance programs to address subpopulations that may be more susceptible or highly exposed, including pregnant people, children, Indigenous and northern communities in Canada, and firefighters.

Canada has acted to address certain PFAS for which early evidence had indicated potential concerns for the environment or human health. A limited number of PFAS are subject to risk management controls in Canada. The manufacture, use, sale, offer for sale, and import of PFOS, PFOA, long-chain perfluorocarboxylic acids (LC-PFCAs), and their salts and precursors, and products that contain them, are prohibited under the Prohibition of Certain Toxic Substances Regulations, 2012, with a limited number of exemptions. Proposed regulations that would repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012 were also published in May 2022, which propose to further restrict these PFAS by removing or providing time limits for most remaining exemptions. Some PFAS notified under the New Substances Notification Regulations (Chemicals and Polymers) have also been subject to prohibitions, ministerial conditions, and significant new activity provisions under the Canadian Environmental Protection Act, 1999 (CEPA). It has been observed that shorter-chain PFAS have been used as substitutes for long-chain PFAS (carbon chain length of eight or more) following the implementation of regulatory restrictions on the latter.

Other domestic activities that target certain PFAS include developing water and soil guidelines for the protection of human health and the environment by the Government of Canada or through the Canadian Council of Ministers of the Environment (CCME); reducing risks from known federal contaminated sites through the Federal Contaminated Sites Action Plan; and reducing the anthropogenic release of chemicals of mutual concern into the Great Lakes under the Great Lakes Water Quality Agreement. Regulations for the import, export, and manufacture of certain ozone-depleting substances and concerning halocarbon alternatives are also set out under the Ozone-depleting Substances and Halocarbon Alternatives Regulations. In October 2024, the Canadian Food Inspection Agency (CFIA) implemented an interim standard for PFAS in biosolids as part of the Government of Canada’s coordinated suite of risk mitigation measures intended to minimize human and environmental exposure to PFAS throughout the product’s life cycle from manufacture to disposal. The CFIA has been working with the provinces and will continue to engage with the provinces, municipalities, and the biosolids industry in implementing the interim standard. Also in October 2024, Innovation Science and Economic Development Canada (ISED) launched a challenge under the Innovation Solutions Canada Program, focused on advancing the destruction of PFAS compounds in contaminated media. This initiative seeks to identify innovative, cost-effective, safe, and scalable solutions that lead to the destruction of PFAS across various contaminated solid or aqueous media. The Government of Canada works with other governments internationally on initiatives that address PFAS, including through the OECD and the Stockholm Convention on Persistent Organic Pollutants. For example, Canada has successfully nominated LC-PFCAs, their salts, and related compounds for addition to the Stockholm Convention.

The broad use of PFAS, their ability to move locally and over long ranges, and their consequent ubiquitous presence in the environment have resulted in continuous environmental and human exposure to multiple PFAS, with well-studied PFAS demonstrating the potential to affect multiple systems and organs in both humans and wildlife. Certain PFAS may bioaccumulate and biomagnify in food webs to an extent that can cause adverse effects in biota at low environmental concentrations. Recent information on well-studied PFAS, particularly PFOA and PFOS, also shows negative human health effects at lower levels than indicated by previous studies. As a result of the extreme persistence of PFAS, their potential for bioaccumulation in organisms and biomagnification through the food chain, and the impossibility of their removal from the broader environment, presence in the environment and uptake by biota and humans will continue and potentially increase in the absence of intervention. The potential for cumulative exposure and effects are important considerations as most wildlife and human exposures involve an unknown mixture of PFAS.

There are uncertainties associated with understanding the characteristics of substances across the range of PFAS structures from toxicological, epidemiological and monitoring datasets that are focused on a limited number of PFAS. However, there is a growing body of evidence suggesting that concerns identified for well-studied PFAS are more broadly applicable to other PFAS than previously believed. Similarly, while the specific hazards associated with mixtures of PFAS are largely unknown, there are many potential sources of PFAS that can lead to exposure and it is reasonable to expect that cumulative effects may occur from exposure to multiple PFAS.

To be protective of the environment and human health, and to apply precaution when addressing gaps in information, it is reasonable to anticipate that the concerns identified for PFAS that have been well studied may also be inherent in other substances in the class.

However, there is evidence to suggest that fluoropolymers may have significantly different exposure and hazard profiles when compared with other PFAS in the class. Fluoropolymers are defined as polymers made by polymerization or copolymerization of olefinic monomers (at least one of which contains fluorine bonded to one or both of the olefinic carbon atoms) to form a carbon-only polymer backbone with fluorine atoms directly bonded to it. Given information suggesting their differences from the other PFAS in the class, additional work on fluoropolymers is warranted. PFAS meeting the definition of fluoropolymers are not addressed within this report and are planned for consideration in a separate assessment.

Owing to the extreme persistence of PFAS and their potential to cause adverse effects, impacts on the environment are expected to increase if entry to the environment continues. On the basis of what is known about well-studied PFAS and the potential for other PFAS to behave similarly, and on the expectation that combined exposures to multiple PFAS increase the likelihood of detrimental impacts, it is concluded that the class of PFAS, excluding fluoropolymers as defined in this report, meets the criteria under paragraph 64(a) of CEPA as these substances are entering or may enter the environment in a quantity or concentration or under conditions that have or may have immediate or long-term harmful effects on the environment or its biological diversity. However, it is concluded that the class of PFAS, excluding fluoropolymers as defined in this report, does not meet the criteria under paragraph 64(b) of CEPA as these substances are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.

Owing to the widespread use of PFAS combined with their ubiquitous presence in the environment, humans are continuously exposed to multiple PFAS, which has the potential to cause effects of concern. On the basis of what is known about well-studied PFAS and the potential for other PFAS to behave similarly, and on the expectation that combined exposures to multiple PFAS increase the likelihood of detrimental impacts, it is concluded that the class of PFAS, excluding fluoropolymers as defined in this report, meets the criteria under paragraph 64(c) of CEPA as these substances are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Therefore, it is concluded that the class of PFAS, excluding fluoropolymers as defined in this report, meets one or more of the criteria set out in section 64 of CEPA.

Well-studied PFAS meet the persistence criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA. Based on available information and structural similarities, it is expected that other substances within the class of PFAS are also highly persistent or transform to persistent PFAS. It is therefore determined that the class of PFAS meets the persistence criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA. Given that fluoropolymers have been excluded from this assessment, they are also excluded from this determination with regard to the Persistence and Bioaccumulation Regulations of CEPA.

There is a high concern identified for the biomagnification and trophic magnification potential of well-studied PFAS in air-breathing organisms; however, the numeric criteria for bioaccumulation, outlined in the Persistence and Bioaccumulation Regulations, are based on bioaccumulation data for freshwater aquatic species which do not account for biomagnification potential. Therefore, application of the criteria would not reflect the concern for dietary-based biomagnification, the primary route of food web exposure identified for well-studied PFAS. Therefore, the bioaccumulation potential of PFAS cannot reasonably be determined according to the regulatory criteria set out in the Persistence and Bioaccumulation Regulations of CEPA.

Overall conclusion

It is concluded that the class of PFAS, excluding fluoropolymers, meets one or more of the criteria set out in section 64 of CEPA.

The class of PFAS has been determined to meet the persistence criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA. Given that fluoropolymers are excluded from the State of PFAS Report, they are also excluded from this determination. It has also been determined that the bioaccumulation potential of PFAS cannot reasonably be determined according to the regulatory criteria set out in the Persistence and Bioaccumulation Regulations of CEPA.

The report and the risk management approach document are available on the Canada.ca (Chemical substances) website.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Guidelines for Canadian drinking water quality — Arsenic

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the draft Guidelines for Canadian drinking water quality — Arsenic. The proposed guideline document is available from March 7, 2025, to May 6, 2025, and can be found on the Environment and workplace health consultations web page of Health Canada. Any person may file written comments on the proposed document with the Minister of Health within 60 days after publication of this notice. Comments must be sent by email to water-consultations-eau@hc-sc.gc.ca.

March 7, 2025

Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Proposed guideline value

A maximum acceptable concentration (MAC) of 0.005 mg/L (5 μg/L) is proposed for arsenic in drinking water based on municipal- and residential-scale treatment achievability. Every effort should be made to maintain arsenic levels in drinking water as low as reasonably achievable.

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water (CDW) and assesses all relevant information on arsenic. It assesses the health risks associated with inorganic arsenic in drinking water, taking into account new studies and approaches, as well as the limitations of available treatment technology.

Exposure

Arsenic is a natural element that is widely distributed throughout the Earth’s crust. It can enter drinking water sources through the erosion and weathering of soil, minerals and ores, through industrial effluents, mining and smelting processes, through the use of arsenical wood preservation compounds, coal, wood and waste combustion, and through atmospheric deposition.

This guideline technical document considers exposure to inorganic arsenic through ingestion of drinking water.

People in Canada are exposed to arsenic primarily through food and drinking water. Where a population is living in an area with high levels of naturally occurring arsenic or near a contaminated site, drinking water can be the most important contributor to overall exposure to inorganic forms of arsenic.

Arsenic can be found in both surface water and groundwater sources. An analysis of arsenic concentrations in source waters within Canada revealed localized hotspots with levels exceeding the proposed MAC. Arsenic concentrations are typically higher in groundwater sources than surface waters. Generally, Canadian treated and distributed waters are below the proposed MAC of 5 μg/L.

Health effects

The epidemiological database for inorganic arsenic is extensive. Animal data are of limited use for human risk assessment since animals respond differently to arsenic exposure.

Epidemiological studies report associations between oral exposure to arsenic in drinking water and numerous cancer and non-cancer outcomes. The strongest causal relationships for cancer in humans from exposure to arsenic in drinking water at concentrations below 100 µg/L have been demonstrated for the bladder and lungs. Lung cancer is the most sensitive cancer outcome. The proposed MAC for arsenic in drinking water is based on lung cancer in humans; it was calculated by estimating an excess lifetime risk of lung cancer above the Canadian background level. The proposed MAC has been set at a level higher than the level that represents “essentially negligible” risk due to the limitations of the available treatment technology.

Analytical and treatment considerations

The development of a drinking water guideline takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. Several analytical methods are available for measuring arsenic in water at concentrations well below the proposed MAC. Measurements should be for total arsenic, which includes both the dissolved and particulate forms of arsenic in a water sample.

At the municipal level, treatment technologies that are available to reduce arsenic concentrations in drinking water to below the proposed MAC include coagulation, chemical precipitation, iron removal processes, adsorption, membrane filtration and ion exchange. Besides treatment, strategies for addressing arsenic include controlled blending prior to system entry points or use of alternative water supplies with no or low arsenic concentrations.

At the residential scale, there are certification standards for devices that rely on filtration, reverse osmosis or distillation treatment for arsenic reduction. For devices to be certified, the treated arsenate concentration must be less than or equal to 10 μg/L. A review of compiled data from certification of reverse osmosis devices demonstrates that they consistently remove arsenate to a level of 4 μg/L. It is expected that a treatment device certified for arsenic removal will meet the proposed MAC. It is important to consult with a local water specialist to determine the appropriate treatment, including the need for and limitations of an oxidation step.

Distribution system

It is recommended that water treatment systems develop a distribution system management plan to minimize the accumulation and release of co-occurring contaminants, including arsenic. This typically involves minimizing the arsenic concentration entering the distribution system and implementing best practices to maintain stable chemical and biological water quality conditions throughout the system, as well as to minimize physical and hydraulic disturbances.

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-001-25 — Decision on a Policy, Licensing and Technical Framework for Supplemental Mobile Coverage by Satellite

Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) has published the following document:

The document sets out ISED’s decisions on a policy, licensing and technical framework for supplemental mobile coverage by satellite.

Obtaining copies

Copies of this notice and the document referred to herein are available electronically on ISED’s Spectrum Management and Telecommunications website.

Official versions of notices can be viewed on the Canada Gazette website.

February 26, 2025

Josette Gallant
Acting Director General
Engineering, Planning and Standards Branch

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Schedules I, II and III

Notice is hereby given, pursuant to subsections 14(3) and 14.1(3) of the Bank Act that Schedules I, II and III, as amended, were as shown below as at December 31, 2024.

SCHEDULE I

(Section 14)

As at December 31, 2024
Name of Bank Head Office
B2B Bank Ontario
Bank of Montreal Quebec
Bank of Nova Scotia (The) Nova Scotia
Bridgewater Bank Alberta
Caisse populaire acadienne ltée New Brunswick
Canadian Imperial Bank of Commerce Ontario
Canadian Tire Bank Ontario
Coast Capital Savings Federal Credit Union British Columbia
Concentra Bank Saskatchewan
CS Alterna Bank Ontario
Digital Commerce Bank Alberta
Equitable Bank Ontario
Exchange Bank of Canada Ontario
Fairstone Bank of Canada Ontario
First Nations Bank of Canada Saskatchewan
General Bank of Canada Alberta
Haventree Bank Ontario
Home Bank Ontario
HomeEquity Bank Ontario
Innovation Federal Credit Union Saskatchewan
Laurentian Bank of Canada Quebec
Manulife Bank of Canada Ontario
Motus Bank Ontario
National Bank of Canada Quebec
Peoples Bank of Canada British Columbia
President’s Choice Bank Ontario
RFA Bank of Canada Ontario
Rogers Bank Ontario
Royal Bank of Canada Quebec
Tangerine Bank Ontario
Toronto-Dominion Bank (The) Ontario
Vancity Community Investment Bank British Columbia
VersaBank Ontario
Wealth One Bank of Canada Ontario

SCHEDULE II

(Section 14)

As at December 31, 2024
Name of Bank Head Office
Amex Bank of Canada Ontario
Bank of China (Canada) Ontario
Cidel Bank Canada Ontario
Citco Bank Canada Ontario
Citibank Canada Ontario
CTBC Bank Corp. (Canada) British Columbia
Habib Canadian Bank Ontario
ICICI Bank Canada Ontario
Industrial and Commercial Bank of China (Canada) Ontario
J.P. Morgan Bank Canada Ontario
KEB Hana Bank Canada Ontario
Santander Consumer Bank Alberta
SBI Canada Bank Ontario
Shinhan Bank Canada Ontario
UBS Bank (Canada) Ontario

SCHEDULE III

(Section 14.1)

As at December 31, 
Name of Authorized Foreign Bank (FB) Name under which FB is permitted to carry on business in Canada Type of Foreign Bank Branch (FBB) table b3 note * Principal Office
Bank of America, National Association Bank of America, National Association Full-service Ontario
Bank of China Limited Bank of China, Toronto Branch Full-service Ontario
Bank of New York Mellon (The) Bank of New York Mellon (The) Full-service Ontario
Barclays Bank PLC Barclays Bank PLC, Canada Branch Full-service Ontario
BNP Paribas BNP Paribas Full-service Quebec
Capital One, National Association Capital One Bank (Canada Branch) Full-service Ontario
China Construction Bank China Construction Bank Toronto Branch Full-service Ontario
Citibank, N.A. Citibank, N.A. Full-service Ontario
Comerica Bank Comerica Bank Full-service Ontario
Coöperatieve Rabobank U.A. Rabobank Canada Full-service Ontario
Crédit Agricole Corporate and Investment Bank Crédit Agricole Corporate and Investment Bank (Canada Branch) Lending Quebec
Deutsche Bank AG Deutsche Bank AG Full-service Ontario
Fifth Third Bank, National Association Fifth Third Bank, National Association Full-service Ontario
First Commercial Bank First Commercial Bank Full-service British Columbia
JPMorgan Chase Bank, National Association JPMorgan Chase Bank, National Association Full-service Ontario
M&T Bank M&T Bank Full-service Ontario
Maple Bank GmbH (in wind-up under the Winding-up and Restructuring Act) [in liquidation] Maple Bank (in wind-up under the Winding-up and Restructuring Act)[in liquidation] Full-service Ontario
Mega International Commercial Bank Co., Ltd. Mega International Commercial Bank Co., Ltd. Full-service Ontario
Mizuho Bank, Ltd. Mizuho Bank, Ltd., Canada Branch Full-service Ontario
MUFG Bank, Ltd. MUFG Bank, Ltd., Canada Branch Full-service Ontario
Natixis Natixis Canada Branch Lending Quebec
Northern Trust Company (The) Northern Trust Company, Canada Branch (The) Full-service Ontario
PNC Bank, National Association PNC Bank Canada Branch Full-service Ontario
Silicon Valley Bank (in wind-up under the Winding-up and Restructuring Act) [in liquidation] Silicon Valley Bank (in wind-up under the Winding-up and Restructuring Act) [in liquidation] Lending Ontario
Société Générale Société Générale (Canada Branch) Full-service Quebec
State Street Bank and Trust Company State Street Full-service Ontario
Sumitomo Mitsui Banking Corporation Sumitomo Mitsui Banking Corporation, Canada Branch Full-service Ontario
U.S. Bank National Association U.S. Bank National Association Full-service Ontario
United Overseas Bank Limited United Overseas Bank Limited Full-service British Columbia
Wells Fargo Bank, National Association Wells Fargo Bank, National Association, Canadian Branch Full-service Ontario

Table b3 note(s)

Table b3 note *

An FBB, whose order is subject to the restrictions and requirements referred to in subsection 524(2) of the Bank Act, is referred to as a "lending" branch.

Return to table b3 note * referrer

February 26, 2025

Peter Routledge
Superintendent of Financial Institutions

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.

Governor in Council appointment opportunities
Position Organization Closing date
Chairperson Canada Deposit Insurance Corporation  
Chairperson Canada Industrial Relations Board  
Vice-Chairperson Canada Industrial Relations Board  
Chairperson Canada Infrastructure Bank  
Director Canada Lands Company Limited  
President Canada Water Agency  
Assistant Chief Commissioner Canadian Grain Commission  
President Canadian High Arctic Research Station  
Chief Commissioner Canadian Human Rights Commission  
Permanent Member Canadian Nuclear Safety Commission  
Director Canadian Tourism Commission  
President Canadian Tourism Commission  
Chairperson Civilian Review and Complaints Commission for the Royal Canadian Mounted Police  
Vice-Chairperson Civilian Review and Complaints Commission for the Royal Canadian Mounted Police  
Director Defence Construction (1951) Limited  
Reviewer Department of Citizenship and Immigration  
Vice-Chairperson Federal Public Sector Labour Relations and Employment Board  
Chairperson First Nations Infrastructure Institute  
Director First Nations Infrastructure Institute  
Director (Federal) Halifax Port Authority  
Commissioner of Official Languages Office of the Commissioner of Official Languages  
Ombudsperson for the Department of National Defence and the Canadian Forces Office of the Ombudsperson for the Department of National Defence and the Canadian Forces  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Chief Public Health Officer Public Health Agency of Canada  
Principal Royal Military College of Canada  
Director Sept-Îles Port Authority  
Administrator Ship-source Oil Pollution Fund and Fund for Railway Accidents Involving Designated Goods  
Chairperson The Jacques-Cartier and Champlain Bridges Inc.  
Secretary The National Battlefields Commission
Member Transportation Appeal Tribunal of Canada  
Chairperson VIA Rail Canada Inc.  

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of consultation published pursuant to subsection 108.1(2) of the Canadian Environmental Protection Act, 1999 for three genetically modified fish

Notice is hereby given that the Minister of the Environment and the Minister of Health are currently assessing three genetically modified fish, pursuant to subsection 108(1) of the Canadian Environmental Protection Act, 1999,footnote 1 and invite, pursuant to subsection 108.1(1) of that Act, any interested persons to submit comments from March 8 to April 6, 2025.

Background

The New Substances Notification Regulations (Organisms) help protect Canadians and the environment, as they allow for the assessment of new living organisms, including higher organisms such as fish, prior to their introduction into the Canadian marketplace. Following a New Substances Notification, Environment and Climate Change Canada and Health Canada carry out a joint assessment process to determine whether there is a potential for risk to the environment and human health.

In June 2023, Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, received royal assent, amending the Canadian Environmental Protection Act, 1999 (the Act) by introducing, among other things, new obligations concerning living organisms new to Canada. For instance, consultation is now mandatory for all notifications concerning a vertebrate animal or a prescribed living organism or group of living organisms before the end of the assessment period.

Consultation

The New Substances program is currently evaluating three lines of GloFish® Corydoras Electric Green®, Moonrise Pink®, and Sunburst Orange® notified by Spectrum Brands Canada, on January 23, 2025. A summary of the notifications is available on the Government of Canada website.

Further to subsection 108.1(1) of the Act, interested Canadians are invited to submit comments, including scientific information and test data related to potential risks to the environment or human health from the new living organisms, during a 30-day comment period, which will commence on March 8, 2025, and to end on April 6, 2025. Information that could be shared to inform the risk assessment process includes

Comments can be submitted by email to substances@ec.gc.ca or by mail addressed to Marc Demers, Acting Director, Regulatory Operations, Policy, and Emerging Sciences Division, Environment and Climate Change Canada, Gatineau, Quebec K1A 0H3.

Pursuant to section 313 of the Act, any person who provides information in response to this notice may submit, with the information, a request that it be treated as confidential. A request for confidentiality must indicate which specific information or data should be treated as confidential, and it must be submitted with reasons taking into account the criteria referred to in subsection 313(2) of the Act.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment