Whereas, under subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b, the Minister of the Environment published in the Canada Gazette, Part I, on May 14, 2022, a copy of the proposed Prohibition of Certain Toxic Substances Regulations, 2025 under the title Prohibition of Certain Toxic Substances Regulations, 2022 and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2023, c. 12, s. 55 S.C. 1999, c. 33
Whereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; S.C. 2015, c. 3, par. 172(d)
And whereas, in the opinion of the Governor in Council, under subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Prohibition of Certain Toxic Substances Regulations, 2025 under subsection 93(1) d of the Canadian Environmental Protection Act, 1999 b. S.C. 2023, c. 12, ss. 33(1) to (6)
Application
Subject to sections 2 to 4, these Regulations apply to toxic substances that are both specified on the list of toxic substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and set out in column 1 of Schedule 1 to these Regulations, as well as to products containing any of those substances.
These Regulations do not apply to a prohibited toxic substance set out in column 1 of Schedule 1 that
is contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies;
is contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; or
is present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in column 1 of Schedule 1.
Subject to subsection (2), these Regulations do not apply to a prohibited toxic substance set out in column 1 of Schedule 1 or to a product containing that substance if the substance or product is to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.
Every person who intends, in a calendar year, to use a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance for a purpose referred to in subsection (1), must submit to the Minister the information set out in Schedule 2 for that substance or product as soon as feasible before using more than 10 g of the substance, by itself or in the product, in that calendar year. The information must be submitted only once in a calendar year in respect of each substance or product.
These Regulations do not apply to a product in which a prohibited toxic substance set out in column 1 of Schedule 1 is present if that product
is a manufactured item that is formed into a specific physical shape or design during its manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design; and
is in transit through Canada from a place outside Canada to another place outside Canada.
Prohibition and Authorized Activities
General Prohibition
A prohibited toxic substance set out in column 1 of Schedule 3 is considered to be incidentally present in a product if the total concentration of the substance is less than or equal to the concentration set out in column 2.
Authorized Activities
A person may conduct an activity set out in column 3 of Schedule 1, in respect of the corresponding prohibited toxic substance set out in column 1 or the corresponding product containing that substance set out in column 2, if the corresponding conditions set out in column 4 are met.
The physical possession or control of a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance may be transferred within Canada to allow for the final disposal of the substance or product.
Permit — Certain Activities
Application
A person who, on the day on which these Regulations come into force, is a manufacturer or importer of a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance may continue to manufacture or import the substance or product if they submit an application to the Minister for a permit to do so within 30 days after that day.
In the case of a prohibited toxic substance that is added to column 1 of Schedule 1 after these Regulations come into force, a person who, on the day on which the regulations adding the toxic substance come into force, is a manufacturer or importer of that toxic substance or a product containing it may continue to manufacture or import the substance or product if they submit an application for a permit to the Minister to continue to do so within 30 days after that day.
A permit application must contain all the applicable information set out in Schedule 4.
The Minister may require from the applicant any clarification that is necessary for the application to be processed.
Permit Issuance
the applicant has demonstrated that, at the time of the application, there was no technically or economically feasible alternative or substitute for the prohibited toxic substance available to them other than a substance regulated under these Regulations;
the applicant has demonstrated that they have taken the necessary measures to minimize or eliminate any harmful effect of the prohibited toxic substance on the environment and human health;
the applicant has prepared a plan respecting the prohibited toxic substance that identifies the measures that they will take to comply with these Regulations; and
the applicant has provided the period within which the plan is to be implemented and that period does not exceed three years from the day on which the permit is first issued.
A permit issued under this section authorizes the permit holder to continue to manufacture or import the prohibited toxic substance set out in column 1 of Schedule 1, or the product containing that substance for which the permit was issued for the period of validity of the permit.
A person may use or sell a prohibited toxic substance, or a product containing that substance if the substance or product was manufactured or imported in accordance with a permit issued under subsection (1).
A permit holder must implement and maintain the measures referred to in paragraphs (1)(b) and (c) for the period of validity of the permit.
The Minister must refuse to issue a permit if
the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or
the information required under subsection 8(7) has not been provided or is insufficient to enable the Minister to process the application.
A permit expires on the first anniversary of the day on which it is issued or renewed.
An application for renewal must be made in accordance with this section and may only be made twice.
The Minister may require from the applicant any clarification that is necessary for the application for renewal to be processed.
The Minister must renew the permit if
the applicant submits an application for renewal at least 90 days before the day on which the permit expires; and
the application contains the information set out in Schedule 4.
The applicant must notify the Minister in writing of any change to the information provided under this section within 30 days after the day on which the change occurs.
Revocation
The Minister must revoke the permit if
the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister; or
the permit holder has not, for reasons within their control and to the extent feasible, implemented and maintained the measures in accordance with subsection 9(4).
Before revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.
Accredited Laboratory
Any analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:
it is accredited
under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
under the Environment Quality Act, CQLR, c. Q-2; and
subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.
If no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of a toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.
Submission Requirements
Any information that is submitted under these Regulations must be accompanied by a certification, dated and signed by the individual submitting the information or by their authorized representative, stating that the information is accurate and complete.
Any document that is submitted under these Regulations may be submitted in paper format or in an electronic format that is compatible with the format that is used by the Minister.
If a document is submitted in electronic format, the document may be signed electronically.
Record Keeping
Every person that submits information to the Minister under these Regulations must keep records containing that information, including test data if applicable, and a copy of any supporting documents.
The records must be kept for a period of five years after the day on which the information referred to in subsection (1) is submitted to the Minister.
Records that are kept electronically must be in an electronic format that is compatible with the format that is used by the Minister for the period referred to in subsection (2).
The records must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.
If the civic address referred to in subsection (4) changes, the person must notify the Minister in writing within 30 days after the day on which the change occurs.
Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)
[Amendments]
Repeal
The Prohibition of Certain Toxic Substances Regulations, 2012 2 are repealed. SOR/2012-285
Coming into Force
These Regulations come into force on the day that, in the sixth month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month.
Prohibited Toxic Substances and Authorized Activities Column 1 Column 2 Column 3 Column 4 Column 5 Item Prohibited toxic substance Product containing toxic substance Authorized activity Conditions Permit eligibility (subsection 8(5)) 1 Dodecachloropentacyclo [5.3.0.0 2,6.0 3,9.0 4,8] decane (Mirex) 2 Polybrominated Biphenyls that have the molecular formula C 12 H(10-n) Br n in which “n” is greater than 2 3 Polychlorinated Terphenyls that have the molecular formula C 18 H(14-n) Cl n in which “n” is greater than 2 4 Bis(chloromethyl) ether, which has the molecular formula C 2 H 4 Cl 2 O 5 Chloromethyl methyl ether, which has the molecular formula C 2 H 5 ClO 6(4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oxime, which has the molecular formula C 17 H 15 ClN 2 O 3 7 N-Nitrosodimethylamine, which has the molecular formula C 2 H 6 N 2 O 8 Hexachlorobutadiene, which has the molecular formula C 4 Cl 6 9 Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C 14 H 9 Cl 5 10 Hexachlorobenzene 11 Polychlorinated naphthalenes that have the molecular formula C 10 H 8-n Cl n in which “n” is greater than 1 Any product Use or sell product The product was manufactured in Canada or imported before March 14, 2013 12 Chlorinated alkanes that have the molecular formula C n H x Cl(2n+2-x) in which 10≤n≤13 Any product Use or sell product The product was manufactured in Canada or imported before March 14, 2013 13 Hexabromocyclododecane, which has the molecular formula C 12 H 18 Br 6 Use, sell or import product The authorized activity occurs on or before December 31, 2031 Use or sell product The authorized activity is not subject to any condition Continue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Use or sell product The product was manufactured in Canada or imported before January 1, 2017 Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force Continue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force 14 Polybrominated diphenyl ethers that have the molecular formula C 12 H(10-n) Br n O in which 4≤n≤10 Any product that is a manufactured item that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design, other than a product set out in any of subitems 15(1) to (5) Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force 15 Decabromodiphenyl ether, which has the molecular formula C 12 Br 10 O Use, sell or import product The authorized activity occurs on or before December 31, 2036 Use or sell product The authorized activity is not subject to any condition Continue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Manufacture or import product The product is designed for use in nuclear facilities in Canada and the authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Use or sell product The product is designed for use in nuclear facilities in Canada Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force Continue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force 16 Benzidine and benzidine dihydrochloride, which have the molecular formulae C 12 H 12 N 2 and C 12 H 12 N 2·2HCl, respectively Manufacture, use, sell or import substance or product 17 2-methoxyethanol, which has the molecular formula C 3 H 8 O 2 Manufacture, use, sell or import product The concentration of the substance in the product, including any incidental presence of the substance, is less than or equal to 5000 mg/kg (0.5% w/w) Manufacture, use, sell or import substance or product 18 Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C 8 F 17 SO 2, C 8 F 17 SO 3 or C 8 F 17 SO 2 N Any product that is a manufactured item that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design Use or sell product The product was manufactured in Canada or imported before May 29, 2008 19 Perfluorooctanoic acid, which has the molecular formula C 7 F 15 CO 2 H, and its salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula C n F 2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom Sell product The authorized activity is carried out between mutual aid partners in the event of fires located in Canada as part of the reconciliation of inventories and costs following an authorized emergency use under paragraph (1)(b) of column 3 and no later than June 30, 2028 Use or sell product The product was manufactured in Canada or imported before January 1, 2017 Use, sell or import product The authorized activity occurs on or before December 31, 2026 Manufacture or import product The authorized activity occurs on or before December 31, 2026 Use, sell or import product The authorized activity occurs on or before December 31, 2041 Use or sell product The authorized activity is not subject to any condition Use, sell or import product The authorized activity occurs on or before December 31, 2026 Manufacture or import product The authorized activity occurs on or before December 31, 2026 Use, sell or import product The authorized activity occurs on or before December 31, 2026 Use or sell product The authorized activity is not subject to any condition Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force Continue to import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force 20 Perfluorocarboxylic acids that have the molecular formula C n F 2n+1 CO 2 H in which 8 ≤ n ≤ 20 and their salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula C n F 2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom Sell product The authorized activity is carried out between mutual aid partners in the event of fires located in Canada as part of the reconciliation of inventories and costs following an authorized emergency use under paragraph (1)(b) of column 3 no later than June 30, 2028 Use or sell product The product was manufactured in Canada or imported before January 1, 2017 Use, sell or import product The authorized activity occurs on or before December 31, 2026 Manufacture or import product The authorized activity occurs on or before December 31, 2026 Use, sell or import product The authorized activity occurs on or before December 31, 2041 Use or sell product The authorized activity is not subject to any condition Use, sell or import product The authorized activity occurs on or before December 31, 2026 Manufacture or import product The authorized activity occurs on or before December 31, 2026 Use, sell or import product The authorized activity occurs on or before December 31, 2031 Use or sell product The authorized activity is not subject to any condition Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force Continue to import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force 21 Pentachlorobenzene, which has the molecular formula C 6 HCl 5 Use substance The substance is used with chlorobiphenyls that are contained in equipment or liquids to service equipment in respect of which the use of those chlorobiphenyls is permitted under the PCB Regulations 22 Tetrachlorobenzenes, which have the molecular formula C 6 H 2 Cl 4 Use substance The substance is used with chlorobiphenyls that are contained in equipment or liquids to service equipment in respect of which the use of those chlorobiphenyls is permitted under the PCB Regulations 23 Tributyltins, which contain the grouping (C 4 H 9) 3 Sn Manufacture, use, sell or import product The concentration of the substance in the product, including any incidental presence of the substance, is less than or equal to 30 000 mg/kg (30% w/w) Use or sell product The product was manufactured in Canada or imported before March 14, 2013 24 1,4:7,10-Dimethanodibenzo[a,e]cyclooctene, 1,2,3,4,7,8,9,10,13,13,14,14-dodecachloro-1,4,4a,5,6,6a,7,10,10a,11,12,12a-dodecahydro-, which has the molecular formula C 18 H 12 Cl 12 Continue to manufacture or import the substance if the permit application is submitted within 30 days after the day on which these Regulations come into force Manufacture, use, sell or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Manufacture or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Use, sell or import product The authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes first Use or sell product The authorized activity is not subject to any condition Use, sell or import product The authorized activity occurs no later than December 31, 2030 Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Manufacture or import product The authorized activity occurs no later than December 31, 2030 Use, sell or import product The activity is carried out to service aircraft engine case rub strip products and occurs no later than December 31, 2030 Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Manufacture, use, sell or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Manufacture or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Use, sell or import product The authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes first Use or sell product The authorized activity is not subject to any condition Manufacture, use, sell or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Manufacture or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Use, sell or import product The authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes first Use or sell product The authorized activity is not subject to any condition Manufacture, use, sell or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Manufacture or import product The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II Use, sell or import product The authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes first Use and sell product The authorized activity is not subject to any condition Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force Continue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force 25 Benzene, 1,1’-(1,2-ethanediyl) bis [2,3,4,5,6- pentabromo-, which has the molecular formula C 14 H 4 Br 10 Continue to manufacture or import the substance if the permit application is submitted within 30 days after the day on which these Regulations come into force Use, sell or import product The authorized activity is carried out for the manufacture of wire and cable products and heat shrink products and occurs no later than 15 years after the day on which these regulations are published in the Canada Gazette, Part II Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Use, sell or import product The authorized activity is carried out for the manufacture of rubber products and occurs no later than 15 years after the day on which these Regulations are published in the Canada Gazette, Part II Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Use, sell or import product The authorized activity is carried out for the manufacture of high-density polyethylene products and occurs no later than 15 years after the day on which these Regulations are published in the Canada Gazette, Part II Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Use or sell product The product was manufactured in Canada or imported before the day on which these Regulations come into force Continue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force Manufacture or import product The authorized activity occurs no later than 15 years after the day on which these Regulations are published in the Canada Gazette, Part II Use, sell or import product The authorized activity is carried out until the end of the service life of the product or no later than 30 years after the day on which these Regulations are published in the Canada Gazette, Part II, whichever comes first Use or sell product The authorized activity is not subject to any condition
Required Information Related to the Use of Prohibited Toxic Substances in a Laboratory for Analysis, in Scientific Research or as a Laboratory Analytical Standard
The following information respecting the laboratory where the prohibited toxic substance set out in column 1 of Schedule 1 or the product containing that substance is used or is to be used:
the name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory; and
the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the laboratory’s behalf.
The following information respecting the prohibited toxic substance set out in column 1 of Schedule 1 and any product containing that substance that is used or is to be used:
the name of the toxic substance and if applicable, the name of the product;
the anticipated period of use;
the estimated quantity of the toxic substance to be used in a calendar year and its unit of measurement;
the identification of each proposed use and each actual use, as the case may be; and
in the case of a product,
the estimated quantity of the product to be used in a calendar year and its unit of measurement, and
the estimated concentration of the toxic substance in that product and its unit of measurement.
Incidental Presence Column 1 Column 2 Item Prohibited Toxic Substance Total Concentration 1 Hexabromocyclododecane, which has the molecular formula C 12 H 18 Br 6 100 mg/kg (0.01% w/w) 2 Polybrominated diphenyl ethers that have the molecular formula C 12 H(10-n) Br n O in which 4≤n≤10 3 Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C 8 F 17 SO 2, C 8 F 17 SO 3 or C 8 F 17 SO 2 N 10 mg/kg (0.001% w/w) in aqueous film-forming foams
Information Required in an Application for a Permit or an Application for Renewal of a Permit
The following information respecting the applicant:
the name, civic and postal addresses in Canada, telephone number and, if any, email address and fax number of the applicant; and
the name, title, civic and postal addresses in Canada, telephone number and, if any, email address and fax number of any person authorized to act on the applicant’s behalf.
In the case of a prohibited toxic substance referred to in section 5 of these Regulations or a product containing that substance, the following information:
the name of the toxic substance and if applicable, the name of the product;
the quantity of the toxic substance manufactured or imported by the applicant during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement;
the estimated quantity of the toxic substance to be manufactured or imported by the applicant during the period to which the permit will apply, and its unit of measurement;
in the case of a product,
the quantity of the product manufactured or imported by the applicant during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement,
the estimated quantity of the product to be manufactured or imported by the applicant during the period to which the permit will apply, and its unit of measurement, and
the estimated concentration of the toxic substance in that product and its unit of measurement; and
the identification of each proposed use, if known.
Information that demonstrates that there was no technically or economically feasible alternative or substitute for the prohibited toxic substance available to the applicant at the time of the application other than a substance regulated under these Regulations.
A description of the measures that have been taken to minimize or eliminate any harmful effect of the prohibited toxic substance on the environment and human health.
A description of the plan prepared respecting the prohibited toxic substance identifying the measures that the applicant will take to comply with these Regulations and the period within which the plan is to be implemented.