Proposed Regulation

Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012

The proposed Regulations Amending the Prohibition of Certain Substances Regulations, 2012 (proposed Amendments) would amend the Prohibition of Certain Toxic Substances Regulations, 2012 to include five additional substances:

  • (1) hexabromocyclododecane (HBCD);
  • (2) perfluorooctanoic acid, its salts, and its precursors (PFOA);
  • (3) perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs);
  • (4) polybrominated diphenyl ethers (PBDEs); and
  • (5) perfluorooctane sulfonate and its salts and its precursors (PFOS).

Final screening assessments conducted by Environment Canada concluded that HBCD , PFOA , LC-PFCAs , PBDEs , and PFOS are toxic to the environment, as per the Canadian Environmental Protection Act, 1999 (CEPA 1999).

Currently, there are no risk management instruments in place respecting preventative or control actions for HBCD in Canada. The proposed amendments would prohibit the manufacture of HBCD in Canada as of the coming into force of the amendments. By January 1, 2017, the amendments would prohibit the manufacture, use, sale, offer for sale or import of HBCD, as well as expanded and extruded foams containing HBCD used in building/construction applications.

In the case of PFOA and LC-PFCAs, early risk management actions have been taken . The proposed amendments would prohibit the manufacture, use, sale, offer for sale, or import of PFOA and LC-PFCAs, unless 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 would be 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 proposed Amendments would expand the scope of the existing prohibitions for PBDEs to cover all PBDEs (including decaBDE). In the case of PFOS, the proposed amendments would maintain similar regulatory requirements and revise exemptions.

The proposed Amendments would also include changes to improve clarity and consistency of the regulatory text.

The proposed Amendments are subject to a 75-day public comment period from April 4, 2015 to June 18, 2015.


Contact Information:


Chemicals Management Division
Environment Canada
351 St.-Joseph Blvd
Gatineau, QC  K1A 0H3
Phone number:
Fax number:
Email address: ec.interdiction-prohibition.ec@ec.gc.ca

Publication Information:

Canada Gazette Date published Volume and number
Part 1: 2015-04-02 Vol. 149, No. 4

Regulatory Text in HTML and PDF:

Parent regulation:

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