Canada has introduced the Prohibition of Certain Toxic Substances Regulations, 2025, a major update to its chemical risk management framework. The new rules repeal and replace the 2012 Regulations, reinforcing protections for human health and the environment by tightening controls on some of the most harmful and persistent chemicals.
The Regulations are implemented under the Canadian Environmental Protection Act, 1999 (CEPA) and form part of Canada’s broader Chemicals Management Plan, which aims to reduce risks posed by toxic substances throughout their lifecycle.
Purpose and Policy Objectives
The 2025 Regulations are designed to:
- Minimize releases of toxic substances to protect human health and ecosystems
- Fulfil international commitments, particularly under the Stockholm Convention on Persistent Organic Pollutants (POPs)
- Align Canadian controls with updated scientific evidence and global regulatory trends
- Support biodiversity protection, including safeguards for endangered species and sensitive ecosystems
Substances Covered by the Regulations
The Regulations apply to toxic substances listed in Schedule 1 of CEPA and specifically identified in Schedule 1 of the Regulations. Only listed substances are subject to prohibition and control.
Newly Regulated or More Strictly Controlled Substances
Key substances covered include:
- Dechlorane Plus (DP) – a persistent flame retardant
- Decabromodiphenyl ethane (DBDPE) – a brominated flame retardant newly regulated in Canada
- PFOS, PFOA, and their precursors – long-lived per- and polyfluoroalkyl substances (PFAS)
- Long-chain perfluorocarboxylic acids (LC-PFCAs) and their precursors
- Hexabromocyclododecane (HBCD) – historically used in insulation materials
- Poly-brominated diphenyl ethers (PBDEs) – a class of brominated flame retardants
These substances are persistent, bioaccumulative, and toxic, posing long-term risks to biological diversity and the environment.
Core Prohibitions Effective June 30, 2026
From June 30, 2026, the Regulations will generally prohibit the manufacture, use, sale, offer for sale, and import of listed substances and products containing them, unless an exemption or authorized activity applies.
Scope of the Prohibition
- Covers substances on their own and within products
- Applies to both domestic and imported goods
- Excludes products in transit through Canada without use or sale
Exemptions, Authorized Uses, and Permits
To support an orderly transition, the Regulations include time-limited exemptions and a permit system.
Authorized Activities
Certain uses are permitted under defined conditions, particularly where no feasible alternatives currently exist for specific industrial or technical applications.
Permit Framework
Where authorized activities do not apply, companies may apply for permits that:
- Are issued for one year, renewable up to three years
- Require proof that alternatives are unavailable
- Demonstrate risk-reduction measures and a clear transition plan
This approach allows industry time to move toward safer substitutes while maintaining regulatory certainty.
Changes from the 2012 Regulations
PFOS, PFOA, and LC-PFCAs
- Removal of certain photolithography-related exemptions
- Introduction of incidental concentration thresholds, such as ≤ 10 mg/kg in firefighting foams
HBCD and PBDEs
- Continued prohibitions with defined incidental presence limits
- Extended exemptions for specific uses, including vehicle replacement parts until December 31, 2031
Dechlorane Plus and DBDPE
- Newly prohibited substances with no incidental presence thresholds currently established
International Alignment and Environmental Impact
The Regulations support Canada’s implementation of updated POPs listings under the Stockholm Convention, including substances such as DP, PFOA, LC-PFCAs, HBCD, and PBDEs.
They also contribute to:
- Reducing contaminant risks to endangered species like the Southern Resident Killer Whale
- Supporting commitments under the Great Lakes Water Quality Agreement
Economic and Compliance Impacts
According to the regulatory impact assessment:
- Estimated total compliance costs: approximately $7.35 million over 15 years
- Industry costs: reformulation, substitution, testing, and recertification
- Government costs: enforcement, compliance promotion, and training
Impacts vary by sector depending on the availability of alternatives.
Enforcement and Compliance
- The Regulations take effect on June 30, 2026
- Enforcement will follow CEPA’s Compliance and Enforcement Policy
- Laboratories using more than 10 g per year of regulated substances must report to the Minister
What stakeholders should do now?
Manufacturers and Industry
- Review product portfolios and inventories
- Assess eligibility for exemptions or permits
- Begin substitution and reformulation planning
Importers and Sellers
- Verify supply-chain compliance
- Understand incidental presence thresholds
Researchers and Laboratories
- Track usage quantities
- Prepare for reporting obligations
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