Regulations Repealing the Secondary Lead Smelter Release Regulations: SOR/2026-223

Canada Gazette, Part II, Volume 160, Number 22

Registration
SOR/2026-223 October 23, 2026

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

P.C. 2026-1010 October 23, 2026

Whereas, under subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on November 4, 2023, a copy of the proposed Regulations Repealing the Secondary Lead Smelter Release Regulations, in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

And whereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6footnote c of that Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health with respect to sections 1 and 3 of the annexed Regulations and on the recommendation of the Minister of the Environment with respect to section 2 of the annexed Regulations, makes the annexed Regulations Repealing the Secondary Lead Smelter Release Regulations under subsection 93(1)footnote d and section 286.1footnote e of the Canadian Environmental Protection Act, 1999footnote b.

Regulations Repealing the Secondary Lead Smelter Release Regulations

Repeal

1 The Secondary Lead Smelter Release Regulations footnote 1 are repealed.

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

2 Item 4 of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) footnote 2 is repealed.

Coming into Force

3 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In 2022, the Department of the Environment (the Department), as part of the Regulatory Stock Review Plan 2019–2029, completed the Review of Secondary Lead Smelter Release Regulations (the SLSRR). The review of the SLSRR concluded that these Regulations are no longer needed for the following reasons:

Background

The SLSRR, which limit the concentrations of particulate matter (PM), and lead contained in PM, released into the ambient air from secondary lead smelters, were made under the Canadian Environmental Protection Act, 1999 (CEPA). A secondary lead smelter is defined under the SLSRR as any plant or factory in which lead-bearing scrap or lead-bearing materials, other than lead-bearing concentrates derived from a mining operation, are processed by a metallurgical or a chemical process into refined lead, lead alloys or lead oxide. Lead released from secondary lead smelters into the environment was a major concern in Canada in the 1970s and 1980s. During this time, there were up to 51 secondary lead smelting facilities located in Quebec, Ontario and British Columbia. At the time, none of the provinces or municipalities in which the facilities were located had regulations in place to control lead emissions.

In 1976, the Secondary Lead Smelter National Emission Standards Regulations (SLSNESR) were introduced under the federal Clean Air Act. The purpose of the SLSNESR was to limit the concentrations of PM, and lead contained in PM, released into the ambient air from secondary lead smelters. In 1991, the SLSNESR were repealed and the SLSRR were introduced under the Canadian Environmental Protection Act in force at that time. In 2000, the SLSRR were amended to align with CEPA.

Originally, the SLSRR helped reduce lead and PM concentrations, since there were no other federal or provincial regulations in place to control emissions from secondary lead smelters. The emission limit requirements in the SLSRR led to the installation of control equipment and to the achievement of lower lead and PM concentrations. The number of lead smelters in Canada has dropped from 51 in 1984 to 6 in 2020; these 6 lead facilities include 5 secondary lead smelters and 1 primary lead smelter that is also a secondary lead smelter. The 6 remaining smelters (located in British Columbia, Ontario and Quebec) are now also subject to provincial regulations or municipal by-laws, which are as or more stringent than the SLSRR. It is expected that provinces and municipalities will continue to exercise existing levels of stringency when it comes to lead risk management. The SLSRR cover only PM and lead contained in PM, while provincial and municipal requirements where secondary lead smelters are operating cover these and additional pollutants.

In 2022, the Department completed the review of the SLSRR as part of its regulatory stock review plan (2019–2029) and recommended the repeal of the Regulations. As part of the review, the Department gathered supporting data and information relevant to the review and conducted consultations with provinces, industry, Indigenous Peoples, and other non-governmental organizations. The review demonstrated that the SLSRR are no longer relevant, as they are out of date and duplicative of provincial and municipal requirements.

Provincial regulations and municipal by-laws

The SLSRR are out of date and currently apply to only five secondary lead smelters and one primary smelter that is also a secondary lead smelter. These smelters account for a small portion of lead emissions (less than 2%) in comparison with the broader base metals smelting (BMS) sectorfootnote 3. There is confidence that the provinces and municipalities, which have the same management goals for lead as the federal government, will be able to protect human health through their established regulations and/or by-laws. Existing Canadian lead smelters are subject to three provincial regulations and two municipal by-laws:

Quebec

The Clean Air Regulation sets PM and gas emission standards, emission opacity standards, air quality standards and monitoring measures to prevent, eliminate, or reduce the emission of contaminants into the atmosphere. Sections 163 to 167 set requirements for secondary lead smelters or processing or handling plants for lead or lead oxide. Terrapure BR Limited is the facility that is subject to this provincial regulation. This regulation, which is more stringent than the SLSRR, requires that smelters not emit lead into the atmosphere in excess of

Section 6 of the City of Montreal By-law 90 (PDF) pertaining to air purification requires metallurgical facilities to have control devices to ensure PM releases do not exceed the specified concentration. In addition, the by-law limits the release of lead and PM from lead smelting and handling facilities. The concentration limits in the by-law are as stringent as those set out in the SLSRR (15 mg/Nm3 for lead concentration and 23 mg/Nm3 for PM). The by-law also sets dispersion modelling standards of 15 ug/Nm3 for a 15-minute averaging period. General Smelting of Canada is the facility that is subject to this municipal by-law.

Ontario

Section 20.2 of Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E.19 (EPA) requires that each smelter apply for Environmental Compliance Approval. Ontario Regulation 419: Air Pollution - Local Air Quality plays a key role in reducing industrial emissions of harmful pollutants, including lead. It imposes air standard concentration limits for contaminants that are assessed using air dispersion models and/or ambient monitoring. The standards for point of impingement (POI) for some substances are relevant for secondary lead smelters. There is a POI for lead of 2 ug/Nm3. Ontario manages compliance with these standards through facility permits or Environmental Compliance Approvals. Equipment and significant operational changes require permit changes and demonstration of compliance with the requirements of the POI. Tonolli Canada Limited and Alchemy Extrusions are the two facilities that are subject to this provincial regulation.

British Columbia

British Columbia regulates discharge emissions to air from lead smelters through authorization permits that fulfill the intent of the Environmental Management Act (EMA) under Part 2, Section 14. The EMA requires authorization permits to discharge emissions to air from lead smelters. Teck-Trail is the facility that is subject to a permit delivered by the province. The Teck-Trail permit sets lead concentration of 1 mg/Nm3 and PM concentration varies from 5 to 25 mg/Nm3. These requirements have the same stringency as the SLSRR when it comes to lead risk management.

The EMA empowers the Greater Vancouver Regional District (GVRD) to regulate air emissions. Metalex is the facility that is covered by the GVRD permit under Air Quality Management Bylaw No. 725, which is now replaced by the Air Quality Management Bylaw No. 1082, 2008. Under this by-law, Metalex Products has a permit that sets the lead concentration limit of 1.5 mg/Nm3.

Other provinces and territories

Other provinces have implemented measures to control lead emissions. For example, Alberta and New Brunswick still have regulations in place even though they no longer have smelters subject to their respective regulations. The Alberta Substance Release Regulation follows the general requirements of the SLSRR and has the same concentration limits on lead. Likewise, New Brunswick’s Air Quality Regulation (NB. Reg. 97-133), made in 1997, classifies sources of air pollution by the amount and type of contaminants they produce. It sets maximum levels for smoke density (i.e. opacity) and limits the release of air pollutants so that maximum permissible ground-level concentrations are not exceeded. These and other requirements are documented in permits issued to smelters. The last lead facility that was subject to a permit closed in 2019. While these regulatory requirements could lead to the same outcomes as the SLSRR when it comes to lead risk management, they currently do not apply to any facilities because there are no lead facilities in other provinces and territories.

The table below summarizes the location and regulatory requirements for the six lead smelters to which the SLSRR apply.

Table: Provincial and municipal regulatory requirements for lead smelters
Smelter Location Provincial Regulations and municipal By-laws Lead concentration (mg/Nm3)
1. Terrapure BR Ltd Ste-Catherine, Quebec Clean Air Regulation

30 (blast, reverberatory, cupolas furnaces)

15 (kettles)
2. General Smelting Company Lachine, Quebec By-law 90 (PDF) (Communauté urbaine de Montréal) 15
3. Tonolli Canada Ltd Mississauga, Ontario Tonolli Canada Amended CoA Air number 9595-55EQEH (Environmental Protection Act, R.S.O. 1990, c. E.19) POI of 2 ug/Nm3
4. Alchemy Extrusions inc. Hamilton, Ontario Environmental Compliance Approval Number 1379-B5EMTV (Environmental Protection Act, R.S.O. 1990, c. E.19) POI of 2 ug/Nm3
5. Metalex Products  Richmond, British Columbia Permit number GVA0142 (Greater Vancouver Regional District Air Quality Management Bylaw 1082) 1.5
6. Teck-Trail Trail, British Columbia Lead permit PA 02691 (Environmental Management Act) 1

Note: The SLSRR provide that the concentration of PM that the owner or operator of a secondary lead smelter releases into the ambient air shall not exceed

Objective

The objective of the Regulations Repealing the Secondary Lead Smelter Release Regulations (the repealing Regulations) is to remove outdated regulations currently being duplicated by provincial and municipal regulatory regimes.

Description

The repealing Regulations will repeal the SLSRR and, at the same time, make consequential amendments to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) [Designation Regulations]. Consequently, item 4 of the schedule to the Designation Regulations will be repealed.

Instrument choice

To meet the objective outlined above, it was determined that the only viable option was to repeal the SLSRR. Maintaining the status quo was not considered to be a viable option, as this would maintain the burden of outdated federal regulations, which are currently duplicated by provincial and municipal regulatory regimes.

Regulatory development

Consultation

Consultation prior to publication in the Canada Gazette, Part I

Extensive consultations were conducted during a review of the Regulations from 2019 to 2021, as part of the Department’s Regulatory Stock Review Plan 2019–2029. These consultations included engagement with two First Nations, the Mohawk Council of Kahnawake and the Tsawwassen First Nation. These consultations resulted in recommending the repeal of the SLSRR.

During this phase, there was no opposition to the proposed Regulations Repealing the Secondary Lead Smelter Release Regulations. The SLSRR are outdated and apply to only six smelters that are all currently covered by provincial or municipal regulatory requirements that are at least as stringent as the requirements set out in the SLSRR.

Comments resulting from publication in the Canada Gazette, Part I

The proposed Regulations Repealing the Secondary Lead Smelter Release Regulations were published in the Canada Gazette, Part I, on November 4, 2023, followed by a 60-day public comment period. Four interested parties (Ecojustice, Terrapure, the Canadian Environmental Law Association and one individual) provided written submissions during the comment period. Comments were also received in the course of one virtual meeting held with the Mohawk Council of Kahnawake. The Tsawwassen First Nation did not provide any comments. Of these six interested parties, four supported the repeal of the SLSRR or had no concerns, while two preferred the SLSRR to be expanded in scope to reduce or completely ban lead emissions from all sectors. Grouped by themes, comments from interested parties and responses provided by the Department are summarized below.

Lead emission trends

Comment: The Canadian Environmental Law Association raised concerns that the non-ferrous smelting and refining sector is a major contributor to lead emissions in Canada, with overall lead emissions declining over the last 30 years but increasing between 2013 and 2017. This same party also suggested that the SLSRR be amended to include more facilities from the non-ferrous smelting and refining sector.

Response: The non-ferrous smelting and refining sector is responsible for 79% of the lead emissions in Canada but less than 2% of these emissions are from lead smelters subject to the SLSRR. The BMS and other types of non-ferrous processing facilities that are not subject to the SLSRR that are responsible for more than 77% of the lead emissions in Canada. A 2023 Environment and Climate Change Canada (ECCC) report titled Emissions of Harmful Substances to Air shows that, while lead emissions from the non-ferrous smelting and refining sector fluctuate from year to year, they decreased by 89% between 1990 and 2021. BMS facilities are out of the scope of the SLSRR and continue to be managed through environmental performance agreements (PAs) and the Environmental Code of Practice for base metals smelters and refineries (CoP).

The SLSRR are being repealed because they are outdated and duplicate provincial regulations and municipal by-laws. For these reasons, and because BMS facilities are covered by other measures (Pollution Prevention Planning Notice from 2005 to 2018, PAs from 2018 to present and the CoP), the Department considers that it would be more efficient to repeal the SLSRR than to broaden it to include the entire non-ferrous smelting and refining sector, as suggested by the interested party. This would require a separate regulatory proposal that is not being contemplated at this time.

The need to take action at the federal level

Comment: The Canadian Environmental Law Association, one individual and the Mohawk Council of Kahnawake expressed general concerns about lead monitoring, its toxicity, its impact on human health and the environment, and the underlying need to take action to regulate or eliminate lead emissions at the federal level. The Mohawk Council of Kahnawake was not against the repeal, while the Canadian Environmental Law Association and the individual were against the repeal.

Response: The repeal of the SLSRR is not expected to cause lead emissions from secondary lead smelting facilities to increase or create any environmental concern for any individual or group in Canada, while having the benefit of removing duplicative regulatory requirements. The Government of Canada will continue to monitor applicable regulations and lead emissions from secondary lead smelting facilities. If provincial requirements are made less stringent and/or if the Department observes that lead emission trends from secondary lead smelting facilities are increasing, action will be taken, as needed. Lead emissions from BMS facilities continue to be federally managed through PAs and the CoP that focus on air pollutants such as PM that includes lead.

Reliance on provinces and municipalities

Comment: Ecojustice, the Canadian Environmental Law Association, one individual and the Mohawk Council of Kahnawake requested clarification on how the Department can rely on non-regulatory instruments or provincial regulations rather than a federal act or regulations to limit lead emissions from the entire non-ferrous smelting and refining sector. They want to ensure that provincial and municipal regulations are and will remain as stringent as the SLSRR. The Mohawk Council of Kahnawake and Ecojustice were not against the repeal, while the Canadian Environmental Law Association and the individual were against the repeal.

Response: In Quebec and British Columbia, the regulatory requirement for stack concentration of lead is equivalent to or more stringent than the stack requirement for lead in the SLSRR. In Ontario, lead concentration is regulated for ambient air at the point of impingement rather than at the stacks. An analysis of stack concentration measurements and other reported data from Ontario facilities indicated that their stack lead emission concentrations are lower than those required under the SLSRR, leading to better environmental results than the SLSRR. During the regulatory stock review of the SLSRR, which took place between 2019 and 2021, surveyed provinces and municipalities indicated that they had no intention of making their existing requirements less stringent. However, if provincial or municipal requirements were made less stringent and/or if the Department observes that lead emission trends from secondary lead smelting facilities are increasing, action could be taken, as needed.

Environmental racism, animal testing, renewable energy and electric vehicles

The Department received comments related to environmental racism, animal testing, renewable energy and electric vehicles that were outside the scope of the repealing Regulations.

Indigenous engagement, consultation and modern treaty obligations

The Department engaged Indigenous Peoples in 2020 as part of the Regulatory Review and in 2023 following prepublication of the proposed Regulations Repealing the Secondary Lead Smelter Release Regulations in the Canada Gazette, Part I. Representatives from two First Nations (the Mohawk Council of Kahnawake and the Tsawwassen First Nation) participated. They did not request any further engagement or raise any issues directly relating to the repeal of the SLSRR.

The repeal of the Regulations is intended to address duplication between federal and provincial regulations and is not expected to result in lead emission increases. Existing provincial and municipal regulations are at least as stringent as federal regulations and, as a result, the repeal of these regulations is not expected to have modern treaty implications or impacts on Indigenous communities. Indigenous Peoples did not raise any concerns with the existing provincial or municipal regulations. In accordance with the United Nations Declaration on the Rights of Indigenous Peoples Act, the repeal of this regulation has been assessed by the Department for consistency with the rights affirmed in the Declaration. No inconsistencies between the rights of Indigenous Peoples under the Declaration and the repeal of the regulations were identified, as provincial regulations will continue to maintain environmental protections, resulting in no expected impacts on Indigenous Peoples.

Regulatory analysis

The repealing Regulations are not expected to have any measurable impacts.

Benefits and costs

Repealing the SLSRR eliminates duplication of federal regulations with provincial regulations and municipal by-laws. This analysis does not estimate any cost savings for the six secondary lead smelters that were subject to the SLSRR. This is because the firms will continue to face compliance obligations associated with provincial regulations and municipal by-laws, and because they have not historically faced any administrative burden as a result of the SLSRR.

The SLSRR provide that the Minister of the Environment may request reports from the operators or owners of secondary lead smelters. However, since the adoption of the SLSRR, there have been no reporting requests from the Minister. During the review of the SLSRR, data received from the six remaining lead smelters show that they all comply with the limits specified in the SLSRR. It is assumed that the repeal will not create federal government costs beyond the need to make regulatees aware of the repeal.

Given that the repeal of the SLSRR is not expected to affect the emissions from the six lead smelters, the repealing Regulations are not expected to have any adverse impact. The emissions will continue to be controlled by existing provincial regulations and municipal by-laws.

Repealing the regulations federally could create a gap, leaving some jurisdictions without any rules governing lead emissions from secondary lead smelters. However, all six remaining lead smelters in Canada are in jurisdictions where provincial or municipal risk management is in place, and it is expected that provinces and municipalities with lead smelters will continue to exercise an appropriate degree of lead risk management. Given the downward trend in the number of lead smelters in Canada since 1984, from 51 in 1984 to only 6 today, it is not expected that any new lead smelters will be built in Canada. In the unlikely case that a province would not address lead emissions from an existing or new facility, the Department could amend or update instruments such as the Environmental Code of Practice for base metals smelters and refineries and/or the Environmental Performance Agreements for the Base Metal Smelters Sector to address such lead emissions or develop new instruments.

Small business lens

Analysis under the small business lens concluded that the repealing Regulations will not impact Canadian small businesses. Four of the six lead smelters are small businesses. However, given that there have been no reporting requests from the Minister and that smelters will continue to be subject to emissions standards through provincial or municipal regulations or permitting/approval processes, there is no expected impact on small businesses when the SLSRR are repealed.

One-for-one rule

The one-for-one rule applies, since a regulatory title is repealed and the proposal is considered a title out. The repealing Regulations are not expected to result in any administrative impacts to businesses or any other interested party, given that there have been no reporting requests from the Minister. The repealing Regulations align with the Government’s red tape reduction priorities, as they will remove unnecessary duplication of federal regulations with provincial regulations and municipal by-laws.

Regulatory cooperation and alignment

The repealing Regulations will not affect any international agreements or obligations.

The regulatory stock review for the SLSRR completed in 2022 indicated that the six lead smelters are also covered by provincial regulations and municipal by-laws. The repealing Regulations will remove duplicative regulatory requirements.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, the repealing Regulations are considered an administrative procedure with a low likelihood of important environmental and economic effects. Therefore, they are exempt from completing a Climate, Nature and Economy Lens analysis.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for the repealing Regulations.

Right to a healthy environment

The Government of Canada has a duty, in the administration of CEPA, to protect the right to a healthy environment as provided for under CEPA, subject to reasonable limits. Work to inform the repealing Regulations was completed before the Implementation framework for the right to a healthy environment was published on July 19, 2025. The framework sets out considerations to protect the right to a healthy environment and uphold the principles set out in the framework. Recognizing that CEPA decisions are informed by analyses and consultations that are often the result of years of work, the framework establishes a transition period with the objective of continuing to advance timely CEPA decisions and actions, while consideration of the right to a healthy environment and relevant principles is being fully integrated into the administration of the Act. The repealing Regulations are proceeding under the transition period referenced in the framework. The best available science and evidence were relied upon to finalize the repealing Regulations. Efforts were made to allow members of the public to meaningfully participate in decision-making processes through outreach efforts on social media, webinars and meetings with Indigenous Peoples and stakeholders, and an assessment of possible impacts on vulnerable populations conducted through the household and gender-based impact analysis. The risk of increased lead emissions and associated risks to human health and the environment are estimated to be low, as existing provincial and municipal requirements remain in place and are equally or more stringent than the repealed federal Regulations (see the “Benefits and costs” section).

Implementation, compliance and enforcement, and service standards

The repealing Regulations will come into force on the day of their registration. There are no related service standards, and no implementation strategy specific to the repealing Regulations is necessary, given that they are not expected to impact interested parties.

Contacts

Martin Lacroix
Acting Director
Risk Management and CEPA Regulatory Development Division
Industrial Sectors and Chemicals Directorate
Environmental Protection Branch
Department of the Environment
Place Vincent Massey Building
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: mmp-tmm@ec.gc.ca

Matt Watkinson
Executive Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy and International Affairs Branch
Department of the Environment
Place Vincent Massey Building
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ravd.darv@ec.gc.ca