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Canada Consults Over Proposed Prohibition of Certain Toxic Substances Regulations, 2022

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Personal and Protective Equipment, Softlines, Softlines, Softlines, Softlines, Softlines, Toys and Juvenile ProductsMay 31, 2022

Canada has initiated a consultation period for its draft legislation on certain toxic substances under the Canadian Environmental Protection Act, 1999 (CEPA). If approved, the new law will enter into force six months after publication.

On May 14, 2022, Canada Issued its proposed ‘Prohibition of Certain Toxic Substances Regulations, 2022 (the Proposed Regulation) to repeal and replace the nation’s Prohibition of Certain Toxic Substances Regulations, 2012. The Proposed Regulation contains several important provisions. It:

  • Expands the scope to include Dechlorane plus (DP) and decabromodiphenyl ethane (DBDPE) and products containing these substances (entries 1 and 2, Table 1 below)
  • Expands the restriction on the manufacture, use, sale and import of the following five substances and products containing these substances (entries 3 to 5, Table 1 below):
    • Perfluorooctane sulfonate, its salts and precursors (PFOS)
    • Perfluorooctanoic acid, its salts and precursors (PFOA)
    • Long-chain perfluorocarboxylic acids, their salts and precursors (LC-PFCAs)
    • Hexabromocyclododecane (HBCD), and
    • Polybrominated diphenyl ethers (PBDEs)

Highlights of the Proposed Regulation are summarized in Table 1. 

Proposed ‘Prohibition of Certain Toxic Substances Regulations, 2022
Canada Gazette, Part 1, Volume 156, Number 20, May 14, 2022

EntrySubstanceHighlights of Proposal
1Dechlorane plus (DP)
  • Prohibition of DP and DBDPE in all products
  • A permit, valid for three years, is required for the manufacturer or importer of the substance, or for a product containing the substance
  • Contains several exemptions for products containing the substance
2Decabromodiphenyl ethane (DBDPE)
  • Repeals several exemptions
  • ≤ 1ppm for each substance in a product, including aqueous film-forming foam (AFFF) used in firefighting*
  • Repeals exemption that allows items to contain PBDEs but with several derogations
  • ≤ 10 ppm for each PBDE congener in a substance, mixture, polymer or resin*
  • ≤ 500 ppm (sum of PBDE congeners) in all other products*
  • Prohibits HBCD in all products, including expanded and extruded polystyrene foams, with two exemptions
  • ≤ 100 ppm in product*
*Incidental concentration

Table 1

The following legislative amendments would be made to complement the Proposed Regulation:

  • Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999 (CEPA)
  • Export Control List (ECL) of CEPA by including DP, DBDPE, HBCD, LC-PFCAs, PBDEs and PFOA to the ECL (PFOS is currently on the ECL)

Comments with respect to the proposed regulation will be accepted until July 28, 2022, or a notice of objection must be filed by July 13, 2022.  The new law would enter into force six months after publication in the Canada Gazette, Part II. 

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website

For inquiries, please contact:

Dr. Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420 

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