The Prohibition of Certain Toxic Substances Regulations, 2025 version will repeal and replace the 2012 version as of June 30, 2026. These Regulations are under the authority of the Canadian Environmental Protection Act, 1999 and are a mechanism to protect the environment and human health. In addition, they act as the implementing mechanism to meet Canada’s obligations related to Persistent Organic Pollutant restrictions under the Stockholm Convention.
Key Changes in the 2025 version include:
- The Regulations only apply to certain chemicals listed in Schedule 1 of the Act.
- Dechlorane Plus (DP) and Decabromodiphenyl Ethane (DBDPE), two flame retardants, are added to Schedule 1.
o Production, import, and sale of these will be prohibited as of June 30, 2026.
- Most exemptions for listed PFAS, including PFOA and its salts and precursors, LC-PFCAs, PFOS and its salts, as well as HBCD and PBDEs will be removed.
o Certain exemptions will remain for highest-risk uses but will have sunset dates that will prohibit use and end the exemption as of those dates.
- Creating a permitting process for exempted uses and production of exempted substances.
o Permits are good for one year and can be renewed twice.
o Purpose of the permit is to give time to find alternatives within the one-three year timeframe.
Advice is given on the Environment and Climate Change Canada link below for the next steps in reviewing the impact of the new Regulations and ongoing efforts to comply:
o Inform and check with the supply chain for awareness of the new Regulations and for use of any of the substances
• This may include asking suppliers for a certificate or declaration that prohibited substances are not used
o Review formulations, safety data sheets, specifications, materials design and data, and other documentation for any of the listed substances
o Periodic testing to check for any presence of prohibited substances.
• Testing must be done by a laboratory accredited to ISO/IEC 17025 or under the Environmental Quality Act.
o Maintaining records related to the above activities.
• Any records that are submitted to the agencies must be kept for a minimum of five years.
For more information, see link for full details:
Prohibition of Certain Toxic Substances Regulations, 2025: SOR/2025-270
https://gazette.gc.ca/rp-pr/p2/2025/2025-12-31/html/sor-dors270-eng.html
Environment and Climate Change Canada Prohibition of Certain Toxic Substances Regulations, 2025, overview
https://www.canada.ca/en/environment-climate-change/services/management-toxic-substances/prohibition-certain-toxic-substances-regulations-2025.html
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