Prohibition of Certain Toxic Substances Regulations, 2025

Whereas, under subsection 332(1) of the Canadian Environmental Protection Act, 1999, 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;^notenoteWhereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 of that Act;^noteAnd 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) of the Canadian Environmental Protection Act, 1999.^note

Application

Prohibition and Authorized Activities

Permit — Certain Activities

Accredited Laboratory

Submission Requirements

Record Keeping

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

Repeal

Coming into Force

Schedule 1 · (Sections 1 to 4, subsection 5(1), sections 6 and 7, subsections 8(1), (2), (5) and (6) and 9(2) and sections 1 and 2 of Schedule 2)

| Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Prohibited toxic substance | Product containing toxic substance | Authorized activity | Conditions | Permit eligibility (subsection 8(5))1 | Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane (Mirex) | | | | 2 | Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which “n” is greater than 2 | | | | 3 | Polychlorinated Terphenyls that have the molecular formula C18H(14-n)Cln in which “n” is greater than 2 | | | | 4 | Bis(chloromethyl) ether, which has the molecular formula C2H4Cl2O | | | | 5 | Chloromethyl methyl ether, which has the molecular formula C2H5ClO | | | | 6 | (4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oxime, which has the molecular formula C17H15ClN2O3 | | | | 7 | N-Nitrosodimethylamine, which has the molecular formula C2H6N2O | | | | 8 | Hexachlorobutadiene, which has the molecular formula C4Cl6 | | | | 9 | Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C14H9Cl5 | | | | 10 | Hexachlorobenzene | | | | 11 | Polychlorinated naphthalenes that have the molecular formula C10H8-nCln 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 CnHxCl(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 C12H18Br6 | (1)Replacement parts for land-based motor vehicles | Use, sell or import product | The authorized activity occurs on or before December 31, 2031 | (2)Land-based motor vehicles that contain a replacement part set out in subitem (1) | 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(3)Expanded and extruded polystyrene foams, and their intermediary products, intended for a building or construction application | Use or sell product | The product was manufactured in Canada or imported before January 1, 2017 | (4)Any product other than a product set out in any of subitems (1) to (3) | 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 force14 | Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO 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 C12Br10O | (1)The following replacement parts for land-based motor vehicles that are no longer mass-produced as of the day on which these Regulations come into force:(a)powertrain applications and under-hood applications, such as battery mass wires, battery interconnection wires, mobile air-conditioning pipes, exhaust manifold bushings, under-hood insulation, wiring and harness under hood (for example engine wiring), speed sensors, hoses, fan modules and knock sensors;(b)fuel system applications, such as fuel hoses, fuel tanks and fuel tanks under body;(c)pyrotechnical devices and applications affected by pyrotechnical devices, such as front and side air bags, their ignition cables and the covers and fabrics that cover the air bags;(d)suspension applications and interior applications, such as trim components, acoustic materials and seat belts;(e)instrument panels and interior trim made of reinforced plastics;(f)the following parts located under the hood or dash:(i)terminal and fuse blocks,(ii)higher amperage wires, and(iii)cable jacketing of spark plug wires;(g)the following electrical and electronic equipment:(i)battery cases and trays,(ii)engine control electrical connectors,(iii)components of radio disks,(iv)navigation satellite systems,(v)global positioning systems, and(vi)computer systems; and(h)parts containing fabric, such as rear decks, upholstery, automobile seats, head rests, sun visors, headliners, trim panels and carpets | Use, sell or import product | The authorized activity occurs on or before December 31, 2036 | (2)Land-based motor vehicles that contain a replacement part set out in subitem (1) | 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(3)Electrical and electronic equipment, parts or replacement parts | 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 | (4)Electrical and electronic equipment, parts or replacement parts | Use or sell product | The product is designed for use in nuclear facilities in Canada | (5)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 (1) to (4) | 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 force16 | Benzidine and benzidine dihydrochloride, which have the molecular formulae C12H12N2 and C12H12N2·2HCl, respectively | Any product | Manufacture, use, sell or import substance or product | The substance or product is designed for one of the following uses:(a)as staining for microscopic examination, such as immunoperoxidase staining, histochemical staining or cytochemical staining;(b)as a reagent for detecting blood in biological fluids;(c)in a niacin test to detect certain micro-organisms; or(d)as a reagent for detecting chloralhydrate in biological fluids | 17 | 2-methoxyethanol, which has the molecular formula C3H8O2 | (1)Diethylene glycol methyl ether, which has the molecular formula C5H12O3 | 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) | (2)Any product other than the product set out in subitem (1) | Manufacture, use, sell or import substance or product | The substance or product is designed for one of the following uses:(a)as an adhesive or coating for aircraft refinishing; or(b)as part of the process for manufacturing semiconductors | 18 | Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N | 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 C7F15CO2H, and its salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom | (1)Aqueous film-forming foams | (a)Use the product to test installed firefighting systems, including both mobile and fixed systems for the suppression of liquid fuel vapour and liquid fuel fires; and(b)use the product for the emergency suppression of liquid fuel vapour and liquid fuel fires using installed firefighting systems, including both mobile and fixed systems | (a)All releases made in the context of the authorized activity set out in paragraph (a) of column 3 are contained and disposed of in an environmentally sound manner; and(b)the authorized activity set out in paragraph (a) or (b) of column 3 occurs on or before(i)December 31, 2028, in the case of mobile firefighting systems on military ships and vehicles(ii)December 31, 2030, in the case of fixed firefighting systems that are part of military ships and infrastructure, and(iii)December 31, 2027, in the case of any other firefighting systems | (2)Aqueous film-forming foams | 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 | (3)Water-based inks and photo media coatings | Use or sell product | The product was manufactured in Canada or imported before January 1, 2017 | (4)Land-based motor vehicle parts | Use, sell or import product | The authorized activity occurs on or before December 31, 2026 | (5)Land-based motor vehicles that contain a part set out in subitem (4) | Manufacture or import product | The authorized activity occurs on or before December 31, 2026 | (6)Replacement parts for land-based motor vehicle that are no longer mass-produced as of January 1, 2027 | Use, sell or import product | The authorized activity occurs on or before December 31, 2041 | (7)Land-based motor vehicles that contain a part set out in subitem (4) or a replacement part set out in subitem (6) | Use or sell product | The authorized activity is not subject to any condition | (8)Electrical and electronic equipment parts other than parts set out in subitem (4), containing semiconductors manufactured by photolithography or etch processes | Use, sell or import product | The authorized activity occurs on or before December 31, 2026 | (9)Electrical and electronic equipment containing a part set out in subitem (8) | Manufacture or import product | The authorized activity occurs on or before December 31, 2026 | (10)Electrical and electronic equipment replacement parts other than parts set out in subitem (6), containing semiconductors manufactured by photolithography or etch processes | Use, sell or import product | The authorized activity occurs on or before December 31, 2026 | (11)Electrical and electronic equipment containing a part set out in subitem (8) or a replacement part set out in subitem (10) | Use or sell product | The authorized activity is not subject to any condition | (12)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 (4) to (11) | 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 force20 | Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20 and their salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom | (1)Aqueous film-forming foams | (a)Use the product to test installed firefighting systems, including both mobile and fixed systems for the suppression of liquid fuel vapour and liquid fuel fires; and(b)use the product for emergency suppression of liquid fuel vapour and liquid fuel fires using installed firefighting systems, including both mobile and fixed systems | (a)All releases made in the context of the authorized activity set out in paragraph (a) of column 3 are contained and disposed of in an environmentally sound manner; and(b)the authorized activity set out in paragraph (a) or (b) of column 3 occurs on or before(i)December 31, 2028, in the case of mobile firefighting systems on military ships and vehicles,(ii)December 31, 2030, in the case of fixed firefighting systems that are part of military ships and infrastructure, and(iii)December 31, 2027 in the case of any other firefighting systems | (2)Aqueous film-forming foams | 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 | (3)Water-based inks and photo media coatings | Use or sell product | The product was manufactured in Canada or imported before January 1, 2017 | (4)Land-based motor vehicle parts | Use, sell or import product | The authorized activity occurs on or before December 31, 2026 | (5)Land-based motor vehicles that contain a part set out in subitem (4) | Manufacture or import product | The authorized activity occurs on or before December 31, 2026 | (6)Replacement parts for land-based motor vehicle that are no longer mass-produced as of January 1, 2027 | Use, sell or import product | The authorized activity occurs on or before December 31, 2041 | (7)Land-based motor vehicles that contain a part set out in subitem (4) or a replacement part set out in subitem (6) | Use or sell product | The authorized activity is not subject to any condition | (8)Electrical and electronic equipment parts other than parts set out in subitem (4) containing semiconductors | Use, sell or import product | The authorized activity occurs on or before December 31, 2026 | (9)Electrical and electronic equipment containing a partset out in subitem (8) | Manufacture or import product | The authorized activity occurs on or before December 31, 2026 | (10)Electrical and electronic equipment replacement parts other than parts set out in subitem (6), containing semiconductors | Use, sell or import product | The authorized activity occurs on or before December 31, 2031 | (11)Electrical and electronic equipment containing a part set out in subitem (8) or a replacement part set out in subitem (10) | Use or sell product | The authorized activity is not subject to any condition | (12)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 (4) to (11) | 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 force21 | Pentachlorobenzene, which has the molecular formula C6HCl5 | | 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 C6H2Cl4 | | 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 (C4H9)3Sn | (1)Tetrabutyltins, which have the molecular formula (C4H9)4Sn | 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) | (2)Any product other than the product set out in subitem (1) | 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 C18H12Cl12 | | | | 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(1)Electrical and electronic equipment parts | 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 | (2)Electrical and electronic equipment containing a part set out in subitem (1) | 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 | (3)Replacement parts for electrical and electronic equipment | 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 | (4)Electrical and electronic equipment containing a part set out in subitem (1) or a replacement part set out in subitem (3) | Use or sell product | The authorized activity is not subject to any condition | (5)Aircraft engine fan case rub strip products | 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(6)Aircraft engines containing the products set out in subitem (5) | Manufacture or import product | The authorized activity occurs no later than December 31, 2030 | (7)Void-filling and edge-sealing products | 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(8)Land-based motor vehicle parts | 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 | (9)Land-based motor vehicles that contain a part set out in subitem (8) | 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 | (10)Replacement parts for land-based motor vehicles | 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 | (11)Land-based motor vehicles that contain a part set out in subitem (8) or a replacement part set out in subitem (10) | Use or sell product | The authorized activity is not subject to any condition | (12)Parts for defence, aerospace and space products | 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 | (13)Defence, aerospace and space products that contain a part set out in subitem (12) | 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 | (14)Replacement parts for defence, aerospace and space products | 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 | (15)Defence, aerospace and space products that contain a part set out in subitem (12) or a replacement part set out in subitem (14) | Use or sell product | The authorized activity is not subject to any condition | (16)Parts for stationary industrial machines, outdoor power equipment and marine or garden products | 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 | (17)Stationary industrial machines, outdoor power equipment and marine or garden products which contain a part set out in subitem (16) | 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 | (18)Replacement parts for stationary industrial machines, outdoor power equipment and marine or garden products | 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 | (19)Stationary industrial machines, outdoor power equipment, and marine or garden products that contain a part set out in subitem (16) or a replacement part set out in subitem (18) | Use and sell product | The authorized activity is not subject to any condition | (20)Any product other than a product set out in any of subitems (1) to (19) | 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 force25 | Benzene, 1,1’-(1,2-ethanediyl) bis [2,3,4,5,6- pentabromo-, which has the molecular formula C14H4Br10 | | | | 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(1)Pellets or flakes of polymeric thermoplastic or thermosetting material into which the substance has been compounded | 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(2)Pellets, flakes or blocks of rubber into which the substance has been compounded | 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(3)Pellets or flakes of high-density polyethylene intermediate material into which the substance has been compounded | 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(4)Any product other than a product set out in any of subitems (1), (2) or (3) | 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(5)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 | 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 | (6)Replacement parts — that are manufactured items that are formed into a specific physical shape or design during their manufacture and that have, for their final use, a function or functions dependent in whole or in part on their shape or design — for the following products:(a)defence, aerospace and space products;(b)land-based motor vehicles;(c)stationary industrial machines;(d)marine and garden products;(e)outdoor power equipment;(f)medical and in vitro diagnostic devices;(g)medical imaging and radiotherapy devices and installations; and(h)instruments for analysis, measurement, control, monitoring, testing, production and inspection | 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 | (7)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 authorized activity is not subject to any condition |

Schedule 2 · Required Information Related to the Use of Prohibited Toxic Substances in a Laboratory for Analysis, in Scientific Research or as a Laboratory Analytical Standard (Subsection 3(2))

Schedule 3 · (Subsection 5(2))

| Column 1 | Column 2Item | Prohibited Toxic Substance | Total Concentration1 | Hexabromocyclododecane, which has the molecular formula C12H18Br6 | 100 mg/kg (0.01% w/w)2 | Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤10 | (1)1000 mg/kg (0.1% w/w) for all congeners in electrical and electronic equipment, except(a)equipment that is necessary for the protection of the essential security interests, including arms, munitions and war material intended for specifically military purposes;(b)equipment designed to be sent into space;(c)equipment that is specifically designed, and is to be installed, as part of another type of excluded equipment, that can fulfill its function only if it is part of that equipment and that can be replaced only by the same specifically designed equipment;(d)large-scale stationary industrial tools;(e)large-scale fixed installations;(f)means of transport for persons or goods;(g)non-road mobile machinery made available exclusively for professional use;(h)active implantable medical devices;(i)photovoltaic panels intended to be used in a system that is designed, assembled and installed by professionals for permanent use at a defined location to produce energy from solar light for public, commercial, industrial or residential applications; and(j)equipment that is specifically designed solely for the purposes of research and development and that is only made available on a business-to-business basis(2)500 mg/kg (0.05% w/w) for all congeners in a product that is a manufactured item that is formed into a specific physical shape or design during its manufacture, that has, for its final use, a function or functions dependent in whole or in part on its shape or design and that is not electrical or electronic equipment nor a commercial-grade substance, commercial-grade mixture, polymer or resin; and(3)10 mg/kg (0.001% w/w) for each congener in a product that is a commercial-grade substance, commercial-grade mixture, polymer or resin3 | Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N | 10 mg/kg (0.001% w/w) in aqueous film-forming foams

Schedule 4 · Information Required in an Application for a Permit or an Application for Renewal of a Permit (Subsection 8(7) and paragraph 9(9)(b))