CEPA Schedule 1
From the outset of the CMP, the name of Schedule 1 has created considerable communications challenges for both industry and government. The term ‘CEPA toxic’ carries a colloquial meaning that does not represent the nature of the substances on Schedule 1. For example, there are substances which are essential to life itself that are on the list without any context for why the government is concerned about them. This power to contextualize why a substance is of concern must be made clear in CEPA to focus on a form, use or to specifically exclude a form or use of a chemical substance. Industry also recommends amending the name of the Toxic Substances List (TSL) to better reflect what the list represents: substances of concern that require risk management.
Ensuring Flexibility for Regulators
Over the course of the COVID-19 crisis, industry has seen unparalleled difficulties in meeting regulatory requirements in a timely fashion. Unlike many other Acts, no compliance flexibility exists in CEPA. As a result, industry writ large are advocating to develop a legislative ‘safety valve’” for emergency situations to provide the Ministers with the authority to suspend certain requirements or regulations. By way of example, CEPA regulations require third party verification or external sampling to be taken, and to do so often require onsite visits from non-essential staff.