Back in March 2010, Canadian New Democratic Party (NDP) Member of Parliament (MP) Peter Julian introduced a bill to regulate nanotechnology (Bill C-494) in Canada. The Conservative government was in power at the time. I can’t remember how many readings it received but it never did get passed into legislation. Now, Mr. Julian is trying again and, coincidentally or not, the Liberals are in power this time. A July 26, 2016 post by Lynn L. Bergeson and Carla N. Hutton for the National Law Review (Note: Links have been removed),
On June 8, 2016, the Canadian House of Commons held its first reading of an Act to amend the Canadian Environmental Protection Act, 1999 (CEPA) (nanotechnology) (C-287). The bill would add Part 6.1 to CEPA primarily to implement procedures for the investigation and assessment of nanomaterials. …
The bill would define nanomaterial as any manufactured substance or product or any component material, ingredient, device or structure that: (a) is within the nanoscale (one nanometer (nm) up to and including 100 nm), in at least one external dimension; or (b) if it is not within the nanoscale, exhibits one or more properties that are attributable to the size of a substance and size effects. The bill mandates a risk assessment process to identify the potential benefits and possible risks of nanotechnologies before nanoproducts enter the market. It would also create a national inventory regarding nanotechnology, including nanomaterials and nanoparticles, using information collected under CEPA Sections 46 and 71 and “any other information to which the Ministers have access.” On July 25, 2015, Canada published a notice announcing a mandatory survey under CEPA Section 71(1)(b) with respect to certain nanomaterials in Canadian commerce. …
I do have a few observations about the proposed bill. First, it’s more specific than what we have in place now. As I understand current CEPA regulations, they do not cover materials at the nanoscale which are already imported and/or produced at the macroscale and are considered safe, e.g. titanium dioxide. It is assumed that if they’re safe at the macroscale, they will be safe at the nanoscale. I gather this bill is designed to change that status.
Second, there is no mention in Julian’s press release (text to follow) of the joint Canada-United States Regulatory Cooperation Council (RCC) Nanotechnology Initiative which was designed to harmonize US and Canadian regulatory approaches to nanotechnology. Would bill C-287 introduce less harmony or was it designed to harmonize our approaches?
Third, I don’t see a big problem with the idea of an inventory, the issue is always implementation.
Finally, it appears that this bill means more bureaucrats or computerized systems and I’m not sure it addresses the problem that I believe it is trying to address: how to deal with uncertainty about the risks and hazards of an emerging technology while meeting demands for economic progress.
Very finally, here’s Peter Julian’s June 8, 2016 press release,
Julian’s bill to include Nanotechnology under Environmental Protection Act…
You can watch the video here: https://peterjulian.ca/Introduction_of_Private_Member_Bill_C287_An_Act_t…
OTTAWA – Today [June 8, 2016], Peter Julian, MP (New Westminster-Burnaby) re-introduced Bill C-287 in the House of Commons, which aims to include a framework that would regulate nanotechnology in the Canadian Environmental Protection Act.
“I first introduced this Bill in 2010. I am pleased to see that some of the aspects of this Bill are being considered by Health Canada and Environment Canada, such as the development of a registry for nanomaterials in commerce and use in Canada. However, there is much more that needs to be done to ensure the responsible use of nanotechnologies in Canada”, said Julian.
Nanotechnology is the application of science and technology to manipulate matter at the atomic or molecular level. Nanomaterials are any ingredient, device, or structure that is between 1 and 100 nm. These materials are present in more than 1000 consumer products, including food and cosmetics. The increasing proliferation of nanoproducts has not been met with an adequate regulatory framework.
Julian’s Bill C-287 would establish a balanced approach ensuring the responsible development of nanotechnology and the safe use off nanomaterials in Canada. The Bill mandates a risk assessment process to identify the potential benefits and possible risks of nanotechnologies before nanoproducts enter the market. It would also require a comprehensive, publicly accessible database that lists existing nanomaterials identified by the Government of Canada.
“While nanotechnology can be very beneficial to people, there are certain risks to it as well. We must identify and mitigate possible risks to better protect the environment and human health before they become an issue. Canada must ensure our regulatory processes ensure nanomaterial safety before the introduction of these substances in Canada”, said Julian.
I’m including links to my 2010 email interview with Peter Julian (published in three parts),
March 24, 2010 (Part one)
March 25, 2010 (Part two)
March 26, 2010 (Part three)
I also covered a hearing on nanomaterials and safety held by the Canadian House of Commons Standing Committee on Health on June 10, 2010 in a June 23, 2010 posting.