Canada Amends CEPA Schedule 3 to Strengthen Export Controls on Toxic Substances
The Government of Canada has published SOR/2026-28 — Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 (CEPA) in the Canada Gazette, Part II on February 25, 2026.
The Order was registered on February 16, 2026, and will take effect alongside the Prohibition of Certain Toxic Substances Regulations, 2025 (PCTSR 2025).
This amendment updates Schedule 3 (Export Control List – ECL), which governs the export of substances that are prohibited or restricted in Canada or subject to international treaty obligations.
What Is Schedule 3?
Schedule 3 of CEPA contains the Export Control List (ECL) — chemicals that require export notification, consent, or are limited to specific purposes such as destruction.
The Schedule ensures Canada meets its obligations under:
- Rotterdam Convention (Prior Informed Consent for hazardous chemicals)
- Stockholm Convention (Control of Persistent Organic Pollutants – POPs)
Key Amendments Under SOR/2026-28
Part 1 – Prohibited Substances in Canada
Export allowed only for limited purposes such as destruction
| Substance | Notes / Clarification | Regulatory Context |
|---|---|---|
| Polybrominated biphenyls (PBBs) | Includes hexabromobiphenyl isomers | Prohibited domestically |
| Polychlorinated terphenyls (PCTs) | Industrial flame retardants | Fully banned in Canada |
| Phosphamidon (E & Z isomers) | Organophosphate insecticide | Prohibited pesticide |
| 2,3,4,5-bis(2-butylene)tetrahydro-2-furaldehyde | Industrial chemical | Listing updated for clarity |
Impact:
Exports require compliance with Export Control List regulations. Generally restricted to disposal/destruction.
Part 2 – Substances Subject to Rotterdam Convention Controls
Prior Informed Consent (PIC) procedure applies for export
| Substance | Chemical Group / Use | International Status |
|---|---|---|
| Dinoseb (and salts/esters) | Herbicide | Rotterdam Annex III |
| Mercury compounds | Industrial / mining uses | Rotterdam Convention |
| Pentachlorophenol (PCP) | Wood preservative | Stockholm & Rotterdam |
| DNOC (Dinitro-ortho-cresol) | Pesticide | Severely restricted |
| Endosulfan (isomers) | Insecticide | POP under Stockholm |
| PFOS and related substances | PFAS compound | Stockholm POP |
| HBCD (Hexabromocyclododecane) | Flame retardant | Stockholm POP |
| PFOA and related compounds | PFAS compound | Stockholm POP |
| Phorate | Organophosphate insecticide | Rotterdam Annex III |
| PBDEs (tetra to deca) | Flame retardants | Stockholm POP |
Impact:
Exporters must:
- Submit Notice of Proposed Export
- Obtain importing country consent (where required)
- Comply with the Export of Substances on the Export Control List Regulations
Part 3 – Substances Controlled Domestically
Restricted in Canada; export controls aligned with domestic measures
| Substance | Category | Special Provision |
|---|---|---|
| Long-chain Perfluorocarboxylic Acids (LC-PFCAs, C8–C20) | PFAS | Export controlled |
| Ferbam | Fungicide | Restricted use |
| Dechlorane Plus (DP) | Flame retardant | Entry into force delayed (5 years after PCTSR 2025 publication) |
Impact:
Export controls apply once domestic restrictions take effect.
Dechlorane Plus listing is phased to align with regulatory exemptions expiry.
Why does this amendment matters?
Strengthening International Compliance
The amendment ensures that substances controlled domestically or listed internationally are properly reflected in Canada’s export regime.
- Under the Rotterdam Convention, exporters must notify and obtain consent before shipping certain hazardous chemicals.
- Under the Stockholm Convention, POPs such as HBCD, PBDEs, and PFOA face strict controls or prohibitions.
Alignment with Domestic Regulations
The updated Schedule 3 aligns with the new Prohibition of Certain Toxic Substances Regulations, 2025, which replace the 2012 framework and introduce expanded phase-outs and restrictions.
The amendment followed consultations, including a 2022 pre-publication in Canada Gazette, Part I.
Economic and Administrative Impact
Exporters of listed substances will face additional compliance steps, including:
- Filing Notices of Proposed Export
- Securing permits where required
- Maintaining documentation for international shipments
Estimated impact:
- Approx. CAN $45 per regulated business annually (2025–2034)
- Approx. CAN $290,500 in total government enforcement and oversight costs over 10 years
Environmental benefits include improved global chemical safety governance and strengthened protection of human health and ecosystems.
Coming Into Force
- The Order generally takes effect upon registration of the Prohibition of Certain Toxic Substances Regulations, 2025.
- Dechlorane Plus controls take effect five years after PCTSR publication.
What Exporters Should Do Now?
Companies exporting chemicals from Canada should:
- Review the updated Schedule 3 against their product portfolio
- Prepare to submit export notifications where required
- Monitor timelines for phased substances such as Dechlorane Plus
- Align compliance programs with CEPA and PCTSR 2025 requirements
Source: Canada Updates CEPA Exports
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