The Government of Canada has enacted the Certain Products Containing Toxic Substances Regulations (SOR/2025-36) under the Canadian Environmental Protection Act, 1999 (CEPA).
The regulation, published on March 12, 2025, introduces phased bans, chemical restrictions, and new permit requirements for products containing toxic substances.
The goal is to prevent the manufacture, import, and sale of high-risk chemical products unless they meet stringent safety and compliance standards.
Key Effective Dates
• Published: March 12, 2025
• Main prohibitions begin: October 1, 2025
• Sales ban on coal-tar-based sealants: December 31, 2025
• Extended exemption for industrial sealants: Until July 1, 2028
Regulated Chemicals and Product Scope
The new CEPA regulation applies to consumer and industrial goods containing toxic substances listed under CEPA Schedule 1.
Key regulated substances include:
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Affected product categories include industrial sealants, coatings, cleaners, and paint thinners.
Permit and Documentation Requirements
Manufacturers and importers must comply with strict administrative and reporting obligations, including:
• Obtaining a permit for regulated products
• Demonstrating risk-management measures and the absence of safer alternatives
• Keeping bilingual (English/French) records for at least five years
• Renewing permits every three years (with a one-time renewal allowance)
Impact on Businesses
Industries affected include:
• Paints, coatings, and industrial sealants
• Cleaning and maintenance chemicals
• Construction and industrial maintenance sectors
Required business actions:
• Evaluate and document chemical content in all products
• Reformulate or phase out restricted substances
• Apply for permits where exemptions are applicable
• Update compliance systems and recordkeeping procedures
Non-compliance could lead to enforcement under CEPA, including fines, recalls, or product bans.
Strengthening Canada’s Chemical Safety Framework
The SOR/2025-36 regulation reinforces Canada’s ongoing efforts to enhance chemical management and consumer product safety.
Businesses are strongly encouraged to prepare early for compliance ahead of the October 2025 enforcement date.
Reference: Government of Canada – SOR/2025-36 Regulation (PDF)
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