2022 Compliance Update: Canada Moves to Change Prohibition of Certain Toxic Substances Regulation

Businesses have an ongoing obligation to stay up to date with potential changes to regulations that may have an effect on business practices and compliance of products. In one of the latest updates, as an effort to address environmental goals, Canada has proposed an update to the 2012 Prohibition of Certain Toxic Substances Regulation. The proposed changes include the removal of existing exemptions for the following:

• PFOS (perfluorooctane sulfonate)
• PFOA (perfluorooctanoic acid)
• Long-chain PFCA (perfluorocarboxylic acids)
• HBCD (hexabromocyclododecane)
• PBDE (polybrominated diphenyl ethers)

The proposed changes also introduce restriction on the manufacture, use, sale, and import of DP (dechlorane plus) and DBDPE (decabromodiphenyl ethane), two halogenated flame retardants. Additionally, the proposed regulation would prohibit the use of these substances and the products containing them within three years.

Available Exemptions

The proposed regulation does offer exemptions in consideration of a lack of alternatives and technical and economic factors. Exemptions are expected to be applicable only for certain products with an expiration date attached.

Further details on the proposed regulations can be found on the Canada Gazette, the official newspaper of the Government of Canada.

We will follow up to this article as this regulation comes into focus and enters into force.