CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Prohibition of Certain Toxic Substances Regulations, 2025P.C.2025-921202512
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Whereas, under subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, 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;S.C. 2023, c. 12, s. 55S.C. 1999, c. 33Whereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act;S.C. 2015, c. 3, par. 172(d)And 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)d of the Canadian Environmental Protection Act, 1999b.S.C. 2023, c. 12, ss. 33(1) to (6)ApplicationApplicationSubject to sections 2 to 4, these Regulations apply to toxic substances that are both specified on the list of toxic substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and set out in column 1 of Schedule 1 to these Regulations, as well as to products containing any of those substances.Non-application — certain toxic substancesThese Regulations do not apply to a prohibited toxic substance set out in column 1 of Schedule 1 thatis contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies;is contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; oris present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in column 1 of Schedule 1.Non-application — laboratory useSubject to subsection (2), these Regulations do not apply to a prohibited toxic substance set out in column 1 of Schedule 1 or to a product containing that substance if the substance or product is to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.Information to Minister — more than 10 gEvery person who intends, in a calendar year, to use a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance for a purpose referred to in subsection (1), must submit to the Minister the information set out in Schedule 2 for that substance or product as soon as feasible before using more than 10 g of the substance, by itself or in the product, in that calendar year. The information must be submitted only once in a calendar year in respect of each substance or product.Non-application — manufactured item in transitThese Regulations do not apply to a product in which a prohibited toxic substance set out in column 1 of Schedule 1 is present if that productis a manufactured item that is formed into a specific physical shape or design during its manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design; andis in transit through Canada from a place outside Canada to another place outside Canada.Prohibition and Authorized ActivitiesGeneral ProhibitionProhibited toxic substances — Schedule 1Subject to sections 6 to 9, a person must not manufacture, use, sell or import a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance, unless the toxic substance is incidentally present in that product.Incidental presenceA prohibited toxic substance set out in column 1 of Schedule 3 is considered to be incidentally present in a product if the total concentration of the substance is less than or equal to the concentration set out in column 2.Authorized ActivitiesAuthorized activities — Schedule 1A person may conduct an activity set out in column 3 of Schedule 1, in respect of the corresponding prohibited toxic substance set out in column 1 or the corresponding product containing that substance set out in column 2, if the corresponding conditions set out in column 4 are met.Transfer for disposalThe physical possession or control of a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance may be transferred within Canada to allow for the final disposal of the substance or product.Permit — Certain ActivitiesApplicationContinued manufacture or importA person who, on the day on which these Regulations come into force, is a manufacturer or importer of a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance may continue to manufacture or import the substance or product if they submit an application to the Minister for a permit to do so within 30 days after that day.Added toxic substancesIn the case of a prohibited toxic substance that is added to column 1 of Schedule 1 after these Regulations come into force, a person who, on the day on which the regulations adding the toxic substance come into force, is a manufacturer or importer of that toxic substance or a product containing it may continue to manufacture or import the substance or product if they submit an application for a permit to the Minister to continue to do so within 30 days after that day.Application until decisionSubsections (1) and (2) apply until the day on which a decision is made by the Minister to issue or refuse to issue the permit.Use or saleA person may use or sell a prohibited toxic substance, or a product containing that substance that is referred to in a permit application made under subsection (1) or (2) until the day on which a decision is made by the Minister to issue or refuse to issue a permit for that substance or product.Permit eligibilityA permit application referred to in subsection (1) or (2) may only be submitted if the activity for which the permit is being sought is specified in column 5 of Schedule 1 for the substance or product.Time periodA permit application referred to in subsection (1) or (2) must be submitted within the time period set out in column 5 of Schedule 1 for the substance or product referred to in the application.InformationA permit application must contain all the applicable information set out in Schedule 4.ClarificationsThe Minister may require from the applicant any clarification that is necessary for the application to be processed.Permit IssuanceConditions of permit issuanceThe Minister must issue the permit referred to in subsection 8(1) or (2) if the following conditions are met:the applicant has demonstrated that, at the time of the application, there was no technically or economically feasible alternative or substitute for the prohibited toxic substance available to them other than a substance regulated under these Regulations;the applicant has demonstrated that they have taken the necessary measures to minimize or eliminate any harmful effect of the prohibited toxic substance on the environment and human health;the applicant has prepared a plan respecting the prohibited toxic substance that identifies the measures that they will take to comply with these Regulations; andthe applicant has provided the period within which the plan is to be implemented and that period does not exceed three years from the day on which the permit is first issued.AuthorizationA permit issued under this section authorizes the permit holder to continue to manufacture or import the prohibited toxic substance set out in column 1 of Schedule 1, or the product containing that substance for which the permit was issued for the period of validity of the permit.Use or saleA person may use or sell a prohibited toxic substance, or a product containing that substance if the substance or product was manufactured or imported in accordance with a permit issued under subsection (1).Implementation of measuresA permit holder must implement and maintain the measures referred to in paragraphs (1)(b) and (c) for the period of validity of the permit.RefusalThe Minister must refuse to issue a permit ifthe Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; orthe information required under subsection 8(7) has not been provided or is insufficient to enable the Minister to process the application.ExpiryA permit expires on the first anniversary of the day on which it is issued or renewed.Application for renewalAn application for renewal must be made in accordance with this section and may only be made twice.ClarificationsThe Minister may require from the applicant any clarification that is necessary for the application for renewal to be processed.RenewalThe Minister must renew the permit ifthe applicant submits an application for renewal at least 90 days before the day on which the permit expires; andthe application contains the information set out in Schedule 4.Notice of change to informationThe applicant must notify the Minister in writing of any change to the information provided under this section within 30 days after the day on which the change occurs.RevocationRevocation — groundsThe Minister must revoke the permit ifthe Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister; orthe permit holder has not, for reasons within their control and to the extent feasible, implemented and maintained the measures in accordance with subsection 9(4).Notice of revocationBefore revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.Accredited LaboratoryAccredited laboratoryAny analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:it is accreditedunder the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, orunder the Environment Quality Act, CQLR, c. Q-2; andsubject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.Standards of good practiceIf no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of a toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.Submission RequirementsCertificationAny information that is submitted under these Regulations must be accompanied by a certification, dated and signed by the individual submitting the information or by their authorized representative, stating that the information is accurate and complete.Paper or electronic formatAny document that is submitted under these Regulations may be submitted in paper format or in an electronic format that is compatible with the format that is used by the Minister.Electronic signatureIf a document is submitted in electronic format, the document may be signed electronically.Record KeepingRecords to be keptEvery person that submits information to the Minister under these Regulations must keep records containing that information, including test data if applicable, and a copy of any supporting documents.Five yearsThe records must be kept for a period of five years after the day on which the information referred to in subsection (1) is submitted to the Minister.Electronically compatible formatRecords that are kept electronically must be in an electronic format that is compatible with the format that is used by the Minister for the period referred to in subsection (2).Location of recordsThe records must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.Change of addressIf the civic address referred to in subsection (4) changes, the person must notify the Minister in writing within 30 days after the day on which the change occurs.Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)[Amendments]RepealThe Prohibition of Certain Toxic Substances Regulations, 20122 are repealed.SOR/2012-285Coming into ForceSix months after publicationThese Regulations come into force on the day that, in the sixth month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month.(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)
Prohibited Toxic Substances and Authorized ActivitiesColumn 1Column 2Column 3Column 4Column 5ItemProhibited toxic substanceProduct containing toxic substanceAuthorized activityConditionsPermit eligibility (subsection 8(5))1Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane (Mirex)2Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which “n” is greater than 23Polychlorinated Terphenyls that have the molecular formula C18H(14-n)Cln in which “n” is greater than 24Bis(chloromethyl) ether, which has the molecular formula C2H4Cl2O5Chloromethyl methyl ether, which has the molecular formula C2H5ClO6(4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oxime, which has the molecular formula C17H15ClN2O37N-Nitrosodimethylamine, which has the molecular formula C2H6N2O8Hexachlorobutadiene, which has the molecular formula C4Cl69Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C14H9Cl510Hexachlorobenzene11Polychlorinated naphthalenes that have the molecular formula C10H8-nCln in which “n” is greater than 1Any productUse or sell productThe product was manufactured in Canada or imported before March 14, 201312Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10≤n≤13Any productUse or sell productThe product was manufactured in Canada or imported before March 14, 201313Hexabromocyclododecane, which has the molecular formula C12H18Br6Replacement parts for land-based motor vehiclesUse, sell or import productThe authorized activity occurs on or before December 31, 2031Land-based motor vehicles that contain a replacement part set out in subitem (1)Use or sell productThe authorized activity is not subject to any conditionContinue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into forceExpanded and extruded polystyrene foams, and their intermediary products, intended for a building or construction applicationUse or sell productThe product was manufactured in Canada or imported before January 1, 2017Any product other than a product set out in any of subitems (1) to (3)Use or sell productThe product was manufactured in Canada or imported before the day on which these Regulations come into forceContinue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force14Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤10Any 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 productThe product was manufactured in Canada or imported before the day on which these Regulations come into force15Decabromodiphenyl ether, which has the molecular formula C12Br10OThe 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: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;fuel system applications, such as fuel hoses, fuel tanks and fuel tanks under body;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;suspension applications and interior applications, such as trim components, acoustic materials and seat belts;instrument panels and interior trim made of reinforced plastics;the following parts located under the hood or dash:terminal and fuse blocks,higher amperage wires, andcable jacketing of spark plug wires;the following electrical and electronic equipment:battery cases and trays,engine control electrical connectors,components of radio disks,navigation satellite systems,global positioning systems, andcomputer systems; andparts containing fabric, such as rear decks, upholstery, automobile seats, head rests, sun visors, headliners, trim panels and carpetsUse, sell or import productThe authorized activity occurs on or before December 31, 2036Land-based motor vehicles that contain a replacement part set out in subitem (1)Use or sell productThe authorized activity is not subject to any conditionContinue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into forceElectrical and electronic equipment, parts or replacement partsManufacture or import productThe 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 IIElectrical and electronic equipment, parts or replacement partsUse or sell productThe product is designed for use in nuclear facilities in CanadaAny 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 productThe product was manufactured in Canada or imported before the day on which these Regulations come into forceContinue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force16Benzidine and benzidine dihydrochloride, which have the molecular formulae C12H12N2 and C12H12N2·2HCl, respectivelyAny productManufacture, use, sell or import substance or productThe substance or product is designed for one of the following uses:as staining for microscopic examination, such as immunoperoxidase staining, histochemical staining or cytochemical staining;as a reagent for detecting blood in biological fluids;in a niacin test to detect certain micro-organisms; oras a reagent for detecting chloralhydrate in biological fluids172-methoxyethanol, which has the molecular formula C3H8O2Diethylene glycol methyl ether, which has the molecular formula C5H12O3Manufacture, use, sell or import productThe 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)Any product other than the product set out in subitem (1)Manufacture, use, sell or import substance or productThe substance or product is designed for one of the following uses:as an adhesive or coating for aircraft refinishing; oras part of the process for manufacturing semiconductors18Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NAny 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 designUse or sell productThe product was manufactured in Canada or imported before May 29, 200819Perfluorooctanoic 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 atomAqueous film-forming foamsUse the product to test installed firefighting systems, including both mobile and fixed systems for the suppression of liquid fuel vapour and liquid fuel fires; anduse the product for the emergency suppression of liquid fuel vapour and liquid fuel fires using installed firefighting systems, including both mobile and fixed systemsAll 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; andthe authorized activity set out in paragraph (a) or (b) of column 3 occurs on or beforeDecember 31, 2028, in the case of mobile firefighting systems on military ships and vehiclesDecember 31, 2030, in the case of fixed firefighting systems that are part of military ships and infrastructure, andDecember 31, 2027, in the case of any other firefighting systemsAqueous film-forming foamsSell productThe 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, 2028Water-based inks and photo media coatingsUse or sell productThe product was manufactured in Canada or imported before January 1, 2017Land-based motor vehicle partsUse, sell or import productThe authorized activity occurs on or before December 31, 2026Land-based motor vehicles that contain a part set out in subitem (4)Manufacture or import productThe authorized activity occurs on or before December 31, 2026Replacement parts for land-based motor vehicle that are no longer mass-produced as of January 1, 2027Use, sell or import productThe authorized activity occurs on or before December 31, 2041Land-based motor vehicles that contain a part set out in subitem (4) or a replacement part set out in subitem (6)Use or sell productThe authorized activity is not subject to any conditionElectrical and electronic equipment parts other than parts set out in subitem (4), containing semiconductors manufactured by photolithography or etch processesUse, sell or import productThe authorized activity occurs on or before December 31, 2026Electrical and electronic equipment containing a part set out in subitem (8)Manufacture or import productThe authorized activity occurs on or before December 31, 2026Electrical and electronic equipment replacement parts other than parts set out in subitem (6), containing semiconductors manufactured by photolithography or etch processesUse, sell or import productThe authorized activity occurs on or before December 31, 2026Electrical and electronic equipment containing a part set out in subitem (8) or a replacement part set out in subitem (10)Use or sell productThe authorized activity is not subject to any conditionAny 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 productThe product was manufactured in Canada or imported before the day on which these Regulations come into forceContinue to import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force20Perfluorocarboxylic 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 atomAqueous film-forming foamsUse the product to test installed firefighting systems, including both mobile and fixed systems for the suppression of liquid fuel vapour and liquid fuel fires; anduse the product for emergency suppression of liquid fuel vapour and liquid fuel fires using installed firefighting systems, including both mobile and fixed systemsAll 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; andthe authorized activity set out in paragraph (a) or (b) of column 3 occurs on or beforeDecember 31, 2028, in the case of mobile firefighting systems on military ships and vehicles,December 31, 2030, in the case of fixed firefighting systems that are part of military ships and infrastructure, andDecember 31, 2027 in the case of any other firefighting systemsAqueous film-forming foamsSell productThe 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, 2028Water-based inks and photo media coatingsUse or sell productThe product was manufactured in Canada or imported before January 1, 2017Land-based motor vehicle partsUse, sell or import productThe authorized activity occurs on or before December 31, 2026Land-based motor vehicles that contain a part set out in subitem (4)Manufacture or import productThe authorized activity occurs on or before December 31, 2026Replacement parts for land-based motor vehicle that are no longer mass-produced as of January 1, 2027Use, sell or import productThe authorized activity occurs on or before December 31, 2041Land-based motor vehicles that contain a part set out in subitem (4) or a replacement part set out in subitem (6)Use or sell productThe authorized activity is not subject to any conditionElectrical and electronic equipment parts other than parts set out in subitem (4) containing semiconductorsUse, sell or import productThe authorized activity occurs on or before December 31, 2026Electrical and electronic equipment containing a partset out in subitem (8)Manufacture or import productThe authorized activity occurs on or before December 31, 2026Electrical and electronic equipment replacement parts other than parts set out in subitem (6), containing semiconductorsUse, sell or import productThe authorized activity occurs on or before December 31, 2031Electrical and electronic equipment containing a part set out in subitem (8) or a replacement part set out in subitem (10)Use or sell productThe authorized activity is not subject to any conditionAny 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 productThe product was manufactured in Canada or imported before the day on which these Regulations come into forceContinue to import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force21Pentachlorobenzene, which has the molecular formula C6HCl5Use substanceThe 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 Regulations22Tetrachlorobenzenes, which have the molecular formula C6H2Cl4Use substanceThe 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 Regulations23Tributyltins, which contain the grouping (C4H9)3SnTetrabutyltins, which have the molecular formula (C4H9)4SnManufacture, use, sell or import productThe 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)Any product other than the product set out in subitem (1)Use or sell productThe product was manufactured in Canada or imported before March 14, 2013241,4:7,10-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 C18H12Cl12Continue to manufacture or import the substance if the permit application is submitted within 30 days after the day on which these Regulations come into forceElectrical and electronic equipment partsManufacture, use, sell or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIElectrical and electronic equipment containing a part set out in subitem (1)Manufacture or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIReplacement parts for electrical and electronic equipmentUse, sell or import productThe authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes firstElectrical and electronic equipment containing a part set out in subitem (1) or a replacement part set out in subitem (3)Use or sell productThe authorized activity is not subject to any conditionAircraft engine fan case rub strip productsUse, sell or import productThe authorized activity occurs no later than December 31, 2030Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into forceAircraft engines containing the products set out in subitem (5)Manufacture or import productThe authorized activity occurs no later than December 31, 2030Void-filling and edge-sealing productsUse, sell or import productThe activity is carried out to service aircraft engine case rub strip products and occurs no later than December 31, 2030Continue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into forceLand-based motor vehicle partsManufacture, use, sell or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IILand-based motor vehicles that contain a part set out in subitem (8)Manufacture or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIReplacement parts for land-based motor vehiclesUse, sell or import productThe authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes firstLand-based motor vehicles that contain a part set out in subitem (8) or a replacement part set out in subitem (10)Use or sell productThe authorized activity is not subject to any conditionParts for defence, aerospace and space productsManufacture, use, sell or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIDefence, aerospace and space products that contain a part set out in subitem (12)Manufacture or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIReplacement parts for defence, aerospace and space productsUse, sell or import productThe authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes firstDefence, 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 productThe authorized activity is not subject to any conditionParts for stationary industrial machines, outdoor power equipment and marine or garden productsManufacture, use, sell or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIStationary industrial machines, outdoor power equipment and marine or garden products which contain a part set out in subitem (16)Manufacture or import productThe authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part IIReplacement parts for stationary industrial machines, outdoor power equipment and marine or garden productsUse, sell or import productThe authorized activity is carried out until the end of the service life of the product or no later than December 31, 2044, whichever comes firstStationary 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 productThe authorized activity is not subject to any conditionAny product other than a product set out in any of subitems (1) to (19)Use or sell productThe product was manufactured in Canada or imported before the day on which these Regulations come into forceContinue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into force25Benzene, 1,1’-(1,2-ethanediyl) bis [2,3,4,5,6- pentabromo-, which has the molecular formula C14H4Br10Continue to manufacture or import the substance if the permit application is submitted within 30 days after the day on which these Regulations come into forcePellets or flakes of polymeric thermoplastic or thermosetting material into which the substance has been compoundedUse, sell or import productThe 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 IIContinue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into forcePellets, flakes or blocks of rubber into which the substance has been compoundedUse, sell or import productThe 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 IIContinue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into forcePellets or flakes of high-density polyethylene intermediate material into which the substance has been compoundedUse, sell or import productThe 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 IIContinue to manufacture the product if the permit application is submitted within 30 days after the day on which these Regulations come into forceAny product other than a product set out in any of subitems (1), (2) or (3)Use or sell productThe product was manufactured in Canada or imported before the day on which these Regulations come into forceContinue to manufacture or import the product if the permit application is submitted within 30 days after the day on which these Regulations come into forceAny 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 designManufacture or import productThe authorized activity occurs no later than 15 years after the day on which these Regulations are published in the Canada Gazette, Part IIReplacement 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:defence, aerospace and space products;land-based motor vehicles;stationary industrial machines;marine and garden products;outdoor power equipment;medical and in vitro diagnostic devices;medical imaging and radiotherapy devices and installations; andinstruments for analysis, measurement, control, monitoring, testing, production and inspectionUse, sell or import productThe 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 firstAny 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 designUse or sell productThe authorized activity is not subject to any condition
(Subsection 3(2))Required Information Related to the Use of Prohibited Toxic Substances in a Laboratory for Analysis, in Scientific Research or as a Laboratory Analytical StandardThe following information respecting the laboratory where the prohibited toxic substance set out in column 1 of Schedule 1 or the product containing that substance is used or is to be used:the name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory; andthe name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the laboratory’s behalf.The following information respecting the prohibited toxic substance set out in column 1 of Schedule 1 and any product containing that substance that is used or is to be used:the name of the toxic substance and if applicable, the name of the product;the anticipated period of use;the estimated quantity of the toxic substance to be used in a calendar year and its unit of measurement;the identification of each proposed use and each actual use, as the case may be; andin the case of a product,the estimated quantity of the product to be used in a calendar year and its unit of measurement, andthe estimated concentration of the toxic substance in that product and its unit of measurement.(Subsection 5(2))
Incidental PresenceColumn 1Column 2ItemProhibited Toxic SubstanceTotal Concentration1Hexabromocyclododecane, which has the molecular formula C12H18Br6100 mg/kg (0.01% w/w)2Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤101000 mg/kg (0.1% w/w) for all congeners in electrical and electronic equipment, exceptequipment that is necessary for the protection of the essential security interests, including arms, munitions and war material intended for specifically military purposes;equipment designed to be sent into space;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;large-scale stationary industrial tools;large-scale fixed installations;means of transport for persons or goods;non-road mobile machinery made available exclusively for professional use;active implantable medical devices;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; andequipment that is specifically designed solely for the purposes of research and development and that is only made available on a business-to-business basis500 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; and10 mg/kg (0.001% w/w) for each congener in a product that is a commercial-grade substance, commercial-grade mixture, polymer or resin3Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N10 mg/kg (0.001% w/w) in aqueous film-forming foams
(Subsection 8(7) and paragraph 9(9)(b))Information Required in an Application for a Permit or an Application for Renewal of a PermitThe following information respecting the applicant:the name, civic and postal addresses in Canada, telephone number and, if any, email address and fax number of the applicant; andthe name, title, civic and postal addresses in Canada, telephone number and, if any, email address and fax number of any person authorized to act on the applicant’s behalf.In the case of a prohibited toxic substance referred to in section 5 of these Regulations or a product containing that substance, the following information:the name of the toxic substance and if applicable, the name of the product;the quantity of the toxic substance manufactured or imported by the applicant during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement;the estimated quantity of the toxic substance to be manufactured or imported by the applicant during the period to which the permit will apply, and its unit of measurement;in the case of a product,the quantity of the product manufactured or imported by the applicant during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement,the estimated quantity of the product to be manufactured or imported by the applicant during the period to which the permit will apply, and its unit of measurement, andthe estimated concentration of the toxic substance in that product and its unit of measurement; andthe identification of each proposed use, if known.Information that demonstrates that there was no technically or economically feasible alternative or substitute for the prohibited toxic substance available to the applicant at the time of the application other than a substance regulated under these Regulations.A description of the measures that have been taken to minimize or eliminate any harmful effect of the prohibited toxic substance on the environment and human health.A description of the plan prepared respecting the prohibited toxic substance identifying the measures that the applicant will take to comply with these Regulations and the period within which the plan is to be implemented.