Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 (for the addition of 5 substances) (SOR/2016-252)The Regulations Amending the Prohibition of Certain Substances Regulations, 2012 amend the Prohibition of Certain Toxic Substances Regulations, 2012, to include five additional substances:
- hexabromocyclododecane (HBCD);
- perfluorooctanoic acid, its salts, and its precursors (PFOA);
- perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs);
- polybrominated diphenyl ethers (PBDEs);
- perfluorooctane sulfonate, its salts and its precursors (PFOS).
Final screening assessments conducted by Environment and Climate Change Canada concluded that HBCD, PFOA, LC-PFCAs, PBDEs, and PFOS are toxic to the environment, as per the Canadian Environmental Protection Act, 1999 (CEPA).
Prior to these amendments, there were no risk management instruments in place respecting preventative or control actions for HBCD in Canada. The manufacture, use, sale, offer for sale or import of HBCD, as well as expanded and extruded foams and their intermediary products containing HBCD used in building/construction applications are prohibited as of January 1, 2017.
In the case of PFOA and LC-PFCAs, early risk management actions have been taken. The manufacture, use, sale, offer for sale, or import of PFOA and LC-PFCAs are prohibited unless the substances are present in manufactured items, from the coming into force of the amendments. The on-going use, sale, offer for sale and import of these substances in aqueous film-forming foams (AFFF) used in fire protection applications are allowed. In addition, a temporary permitted use is allowed for these substances in water-based inks and photo media coatings until the end of 2016.
PBDEs and PFOS are substances that are currently managed under the Polybrominated Diphenyl Ether Regulations and the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations respectively. The scope of the existing prohibitions for PBDEs is expanded to cover all PBDEs (including decaBDE) unless present in manufactured items. In the case of PFOS, similar regulatory requirements are maintained while certain exemptions are revised.
The amended Regulations also include changes to improve clarity and consistency of the regulatory text.
Chemicals Management Division
Environment and Climate Change Canada
351 St.-Joseph Blvd
Gatineau, QC K1A 0H3
Phone number: 819-938-3860 or/ou 1-800-668-6767 (in Canada only / au Canada seulement)
Email address: email@example.com
|Canada Gazette||Date published||Volume and number|
|Part 1:||2015-04-02||Vol. 149, No. 4|
|Part 2:||2016-10-05||Vol. 150, No. 20|
Regulatory Text in HTML and PDF:
Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012
PDF (4.19 MB, go to page 38)
- PDF (4.19 MB, go to page 38)
Full text of proposed regulation (includes Regulatory Impact Analysis)
PDF (815 KB, go to page 45)
- PDF (815 KB, go to page 45)
Regulatory Impact Analysis Statement for current regulation
PDF (4.19 MB, go to page 51)
- PDF (4.19 MB, go to page 51)
Other Useful Links:
Substance prohibition summary for hexabromocyclododecane (HBCD)
Substance Prohibition Summary for Perfluorooctane Sulfonate, its salts and its precursors (PFOS)
Substance Prohibition Summary for Perfluorooctanoic acid, its salts, and its precursors (PFOA) and long-chain perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs)
Substance Prohibition Summary for Polybrominated diphenyl ethers (PBDEs)
Summary of public comments received on the proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012
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