CEPA Watch List: Government of Canada Publishes Final Approach for Substance Monitoring

In April 2026, the Government of Canada published the final Watch List Approach under section 75.1 of the Canadian Environmental Protection Act, 1999 (CEPA). This document formalises the rules for how Canada identifies, lists, and removes substances that may become subject to regulation in the future. For companies that manufacture, import, or use chemical substances in Canada, the Watch List is one of the most practical early-warning tools available under Canadian chemical regulation.

What the Watch List is

The Watch List is a publicly available list of substances that the Minister of the Environment and the Minister of Health either suspect may become toxic, or have determined are capable of becoming toxic, under section 64 of CEPA. It was created by amendments to CEPA that came into force on 13 June 2023 under the Strengthening the Environmental Protection for a Healthier Canada Act (S.C. 2023, c. 12).

The Watch List is separate from Schedule 1 of CEPA, which lists substances already determined to be toxic and subject to regulatory controls. Substances on Schedule 1 cannot be added to the Watch List. The Watch List sits one step earlier in the regulatory process: it flags substances that are not yet regulated but are under close attention.

How substances are added and removed

A substance may be added to the Watch List in three ways:

• Following a formal assessment under Part 5 of CEPA, where the Ministers propose adding it as a recommended measure
• Following a review of a decision made by another jurisdiction, where that decision is based on scientific considerations relevant to Canada
• Based on the Ministers' evaluation of other available information

When deciding whether to add a substance, the Ministers consider factors such as the severity of potential health or environmental effects, the physical and chemical properties of the substance, its current and likely future uses and exposures, its environmental fate, and whether specific populations may be disproportionately affected.

A substance must be removed from the Watch List if it is added to Schedule 1 of CEPA (meaning it has been determined to be toxic and is now regulated), or if the Ministers no longer have reason to suspect it could become toxic.

What happens after a substance is listed

The Watch List itself does not impose any new obligations or restrictions. However, listing a substance triggers potential follow-up activities by the Government, which businesses should be aware of:

• Significant New Activity (SNAc) provisions: If a company plans to use, import, or manufacture a listed substance for a new activity, it may be required to notify the Government and provide information so the activity can be assessed
• Section 71 information-gathering notices: The Government may issue mandatory notices to collect scientific or commercial data on listed substances, including toxicological studies or data on quantities and uses in Canada
• Environmental monitoring and biomonitoring: The Government may track listed substances in the environment or in humans to establish baseline data or monitor trends over time

How this compares to other frameworks

The Watch List has some similarities to the approach taken under REACH in the EU, where the Substances of Very High Concern (SVHC) candidate list serves a comparable early-warning function for industry. The US Toxic Substances Control Act (TSCA) does not have an equivalent instrument. Companies that already track SVHC candidate list updates as part of their EU compliance programmes will find the CEPA Watch List approach familiar in concept, though the legal basis and process differ.

What this means for your business

If your company operates in Canada or supplies products to the Canadian market, the Watch List is a relevant monitoring tool. Substances on the list are not restricted today, but their presence on the list signals that regulatory action may follow. Companies that already review SVHC or other international substance watchlists as part of their compliance process should add the CEPA Watch List to their monitoring scope.

Substances proposed for addition to the Watch List go through a public comment period before being formally listed. This gives industry an opportunity to provide data and input before a listing decision is made. Monitoring the Canada Gazette and the CEPA Registry for proposed additions is the most reliable way to stay ahead of future regulatory changes.

Source: Government of Canada, CEPA Registry — Watch List Approach, April 2026; Canadian Environmental Protection Act, 1999, section 75.1