Key Issues for the CASE Industry
The CASE industry is one of the most heavily regulated sectors in Canada. Brand owners of chemical products need only one incident of non-compliance to create damage to their business and brand reputation. Of the 4,300 chemicals in commerce assessed over the past 15 years under Canada’s Chemicals Management Plan (CMP) more than 1,550 are used in literally thousands of CASE products.
The CMP is now in its fourth Phase with 1,000 chemicals already prioritized for assessment over the next five years and more coming. Chemical assessment and risk management actions (eg. bans, regulations, codes of practice, etc.) flowing from those assessments demand a significant amount of work for companies and by extension CPCA and its technical committees. For chemicals management alone the process is onerous and rigid, with opportunities for industry to engage with decision-makers at every stage of the process. The Canada CoatingsHUB supports CPCA and its members in a ‘whole of industry’ approach to chemicals management and collaboration with governing bodies. Is your company among them? If not, why not?
Canada's Chemicals Management Plan Process
Industry Challenge
• Information gathering related to chemicals of concern is critical for a ‘facts-based’ assessment
• All mandated requirements are provided on the Canada CoatingsHUB.
18 Month Cabinet-imposed Timelines for the Challenge
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• CPCA collaborates with members, stakeholder groups, and technical committees to respond and the final formal submissions and ongoing action items are made available on the Canada CoatingsHUB.
18 Month Cabinet-imposed Timelines for the Challenge
Canada Gazette 1
•Government proposes a final screening risk assessment and risk management for substances of concern and again CPCA works with members to craft appropriate facts-based responses and clarification where needed.
18 Month Cabinet-imposed Timelines for the Challenge
Canada Gazette 1
• This provides a final opportunity for CPCA to engage and correct key data points where required that may lead to more positive regulatory outcomes. Your company may have the critical data needed that makes the case stronger.
24 Months to Develop the Risk-Management Instrument
Canada Gazette 2
Canada Gazette 1
Canada Gazette 2
18 Months to Develop the Final Risk-Management Instrument
The Road Ahead
Phase 4 of Canada’s Chemicals Management Plan (CMP) will evolve over the next five years and industry must be FULLY engaged to provide the data Government requires to make informed decisions based on science. Of the 4,300 substances assessed over the past 16 years 18% required risk management via various regulatory instruments. Strong industry data is essential to inform the chemical assessment process for better outcomes.
The regulatory road ahead is much more difficult than the road behind. Amendments to the Canadian Environmental Protection Act (CEPA 2023) were passed into law in 2023. The 62 amendments to the Act will make the risk assessment of chemicals more time-consuming and will use new approaches to risk assessment never used before. This means risk management outcomes will be much different. These new approaches to risk-management are being developed over the next 18 months. There will be more bans and more restrictions once those are cast in stone. The CASE industry must be engaged as the outcomes of risk assessment for hundreds of products will depend on data and related advocacy by the CASE industry. Industry silence will be consent!
Similar approaches to the management of chemicals in commerce are required for other important issues in the CASE industry in Canada beyond the CMP, including VOC, biocides, PFAS, and more. Collaboration and responding to government with a ‘whole of industry’ approach will lead to better outcomes for industry and brand owners.
