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PAINT & COATINGS MANUFACTURING: LEGISLATION

LEGISLATIVE MODERNIZATION

FOR CHEMICAL REGULATION

By Gary LeRoux

nce again the government in Ottawa is talking about legis- • There may also be amendments addressing chemicals of very high
lative “modernization”, which usually means tightening the concern (CVHC) to align with actions being taken in Europe,
Onoose around efforts of the chemical sector to deliver highly which will alter the way forward on risk assessment and risk
performing products for customers. management of numerous chemicals.
Developments around the anticipated federal amendments to the There is no anticipated change to the risk-based approach by the
Canadian Environmental Protection Act (CEPA) were discussed at current Environment Minister but continued pressures from the
a recent meeting of multiple chemical industry groups and the views ENGO community could cause this to change.
varied, but all agreed that the federal government is signaling that Such “modernization” is of course, of grave concern for the coat-
amendments to CEPA are imminent. The specific timeline is ings, adhesives, sealants and elastomer (CASE) industry, as one of
unclear due to uncertainties around a likely federal election in the the most implicated industries under CEPA with respect to chemi-
Spring, a federal budget in March and the ongoing economic cal assessment. A broader scope for assessment will mean more bans
challenges precipitated by the pandemic. and more use restrictions than in the past.
While it is unclear when action will be taken by this govern- If this proceeds as expected, it will likely be problematic for
ment, it is very clear the intent is to broaden the scope of chemical product formulations writ large. CPCA, and other industry groups,
assessment and the related risk management measures such as must now focus on highlighting the benefits of current chemicals in
regulations and other restrictions. Industry must continue to commerce and how they are often misrepresented in the context of
advocate for the long-standing risk-based approach for chemical inherent toxicity and other challenges under the heading of “problem
assessment and not accept incessant and unsubstantiated calls for formulations”. Industry must be clear as to how these substances are
hazard-based approaches that have strangled the European Union actually used and why they are critical for product performance in
under REACH for years. multiple industry sectors. For example, many coatings products ulti-
There has not yet been final approval for extending the 15-year- mately help extend the lifecycle of valuable private and public assets,
old federal Chemicals Management Plan, assessing chemicals in while at the same time reducing the environmental footprint of the
commerce, and the related funding of approximately $500 million industries they serve. These industry sectors include construction,
necessary to run the post-2020 CMP program for another five years. auto, marine, transportation, aerospace, etc.
The federal Cabinet, under direction of the Environment Minis- The benefits of certain chemical inputs are often not well under-
ter, has reviewed a draft approach on what CEPA “modernization” stood by those who seek to restrict certain chemical uses and secure
might look like. In that undertaking, certain points are likely to be more bans. Industry must be specific about the complexity of asses-
considered in the eventual amendments tabled and the ones of great- sing such chemicals and their specific use profiles. In many cases
est concern for chemical industries include the following: they are not even suited for various risk-assessment and government
• Data requirements for chemical assessment being widened in decision-making frameworks. It’s the job of the paint and coatings
scope, entrenching concepts like alternative assessment, informed sector to point out the enormity of such benefits to those conducting
or problem substitution, vulnerable populations, etc. assessments, those amending legislation and those using the
• The requirement to subscribe to a new concept on what govern- products. As such, industry must up its game on raising awareness as
ment is referring to as “the right to a healthy environment” is to why chemicals in their products are of critical importance
expected to be included in the preamble to the Act providing a across multiple value chains.
very wide scope for assessment. If work on the “modernization” of CEPA evolves as noted
• Sections of the Act will be changed to allow more input from “civil above, the final decision on CEPA amendments will be taken up
society” in support of the existing environmental non-govern - by the current government this Fall or by a new government, if an
mental organization (ENGO) efforts to tighten both chemical election is called between now and September, which is highly
assessment and risk management in the name of environmental likely. Given the above, it will be important for the entire chemical
justice, which would irrevocably change the way CEPA is industry to promote and support the existing risk-based approach
enforced in future. to chemicals management in Canada. CPCA will be doing what
• Much more focus on “vulnerable populations” related to the it can in the coming days and weeks with outreach to federal
operating sections of the Act such as Section 64, which is focused Ministers and senior officials on the benefits of coatings and how
on controlling toxic substances. it helps the government get to net zero emissions by 2050.
• Possible changes to the current nomenclature, particularly as it The paint and coatings industry is part of the solution in getting to
relates to substances being designated CEPA-Toxic and the zero with many of its products reducing the environmental footprint
“lowering” of the bar for such a designation. of other industry sectors. n
• Possible changes to confidential business information
(CBI), although commercially sensitive, are on the table for Gary LeRoux is President and CEO of the Canadian Paint and
further consideration. Coatings Association. www.canpaint.com
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