The Government of Canada has introduced new regulations aimed at further reducing the presence of certain toxic substances in the environment, reflecting the federal government’s ongoing shift towards a more stringent, risk-based regulatory approach. The Prohibition of Certain Toxic Substances Regulations, 2025 (2025 Regulation), which will come into force on June 30, 2026, replaces the Prohibition of Certain Toxic Substances, 2012 (2012 Regulation), both made under the authority of the Canadian Environmental Protection Act, 1999 (CEPA) The 2025 Regulation narrows several existing exemptions and introduces new restrictions on a range of substances.
Background
Under the 2012 Regulations (and prior versions), the federal government prohibits the manufacture, use, sale and import of certain toxic substances, as well as products containing them, subject to limited exemptions. The substances captured under the 2012 Regulations have been declared toxic to the environment under CEPA.
Since the first version of the regulations was adopted in 1996, they have been periodically amended to update the list of controlled substances and to adjust available exemptions. The amendments have served two main purposes: (1) to maintain prohibitions on long-banned substances and ensure they are not reintroduced into commerce; and (2) to add newly assessed toxic substances to the regime, often with temporary exemptions to allow for the phase-out of certain critical uses.
Overview of the 2025 Regulations
The Government of Canada has indicated that the 2025 Regulations are intended to simplify and modernize the 2012 Regulations by streamlining how prohibitions and exemptions are presented and by removing or narrowing certain exemptions and authorized activities.
The 2025 Regulations will further restrict the manufacture, use, sale and import of the following substances, as well as products containing them, by removing exemptions that existed in the 2012 Regulations:
- Perfluorooctane sulfonate, salts and precursors (PFOS)
- Perfluorooctanoic acid, its salts and its precursors (PFOA)
- Perfluorocarboxylic acids, their salts and their precursors (LC-PFCAs)
- Hexabromocyclododecane (HBCD)
- Polybrominated diphenyl ethers (PBDE)
- Dechlorane Plus (DP)
- Decabromodiphenylethane (DBDPE)
The 2025 Regulations also include a number of general and substance-specific exemptions that allow these substances to continue to be used for certain authorized activities set out in Schedule 1.
Exemptions Applicable to All Prohibited Substances
The 2025 Regulations will not apply to certain prescribed products or activities, regardless of the substance involved, including:
- Incidental presence (i.e., a residual, trace contaminant or impurity not intentionally added): concentration thresholds for HBCD, PBDEs, and PFOS (in aqueous film-forming foam) are specified in Schedule 3, at or below which the presence of such chemicals is considered incidental
- Laboratory use
- Hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of CEPA applies
- Pest control products
- Non-emissive or destructive uses of chemical feedstock
Certain substances captured by the 2025 Regulations are also listed on the Export Control List (Schedule 3 of CEPA). As such, their export is controlled by the Export of Substances on the Export Control List Regulations, whether or not they are contained in a product.
Permits for Temporary Continued Manufacture or Import
Where a company is unable to avail itself of an exemption for the use of a banned chemical, the 2025 Regulations authorize the issuance of permits for one year, renewable up to two additional times (for a maximum period of three years), to allow:
- Continued manufacture or import of DP or DBDPE, or products containing those substances
- Import of certain products containing PFOA or LC-PFCAs
- Manufacture or import of certain products containing HBCD
Permits may only be issued where prescribed conditions are met, including that: (1) no technically or economically feasible alternative is available; (2) measures are taken to minimize harmful effects on the environment and human health; and (3) the applicant prepares a plan identifying measures to achieve compliance within a maximum of three years. All permit conditions must be maintained for the duration of the permit.
Permit applications must be submitted between July 1, 2026, and July 30, 2026.
Key Takeaways
When the 2025 Regulations come into force on June 30, 2026, regulated parties — particularly importers — will be required to comply with expanded prohibitions across a range of consumer and industrial products. Depending on the substance, prohibited items may include consumer products, industrial products, intermediary articles used in manufacturing, and chemical or recycled material feedstock. Importers should be mindful that substances and products prohibited in Canada may continue to be lawfully manufactured or used in other jurisdictions, increasing the risk of inadvertent non-compliance.
For more information, please contact the authors or any other member of our Environmental group.
