Canada | Chemical Complance

Delay of publication of the Prohibition of Certain Toxic Substances Regulations, 2022

 

Canada has informed that the chemical law Prohibition of Certain Toxic Substances Regulations, 2022 whose proposal was published in 2022 and which was supposed to enter into force this year, will be postponed to summer 2024, at the earliest.

The proposed Regulations would repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012 (the current law) on the day the final Regulations come into force. The proposed Regulations would further restrict three subgroups of per- and polyfluoroalkyl substances and two flame retardants, and products containing them, and would add two additional flame retardants, and products containing them.

The Regulations would introduce restrictions on the manufacture, use, sale and import of DP (Dechlorane plus) and DBDPE (decabromodiphenyl ethane), and products containing these substances. The proposed Regulations would also further restrict the manufacture, use, sale and import of PFOS (perfluorooctane sulfonate, its salts and its precursors), PFOA (perfluorooctanoic acid, its salts and its precursors), LC-PFCAs (long-chain perfluorocarboxylic acids), HBCD (hexabromocyclododecane) and PBDEs (polybrominated diphenyl ethers), and products containing these substances.

The proposed Regulations would position Canada to ratify and implement amendments to the Stockholm Convention on Persistent Organic Pollutants (POPs) [Stockholm Convention], which include listings of PFOA and PBDEs in Annex A, and the amended listing of PFOS in Annex B. As of 2025, the proposed Regulations would also align with the listing of HBCD in Annex A.

The new law would have huge implications on different industries.  For example, the prohibitions of DP and DBDP would affect manufacturers, importers and suppliers of the substances, as well as wire and cable coatings, automotive products, electrical enclosures, industrial adhesives, and industrial rubber products.

PFOS, PFOA and LC-PFCAs have water, oil, dirt and grease repellant properties and can be found in a variety of products including personal care products, cleaning products, and surface treatments for textiles, upholstery, leather, automotive parts, carpet and paper products, and packaging. They can also be found in aqueous film-forming foam (AFFF) used in firefighting, specifically fuel fires, and electrical and electronic equipment such as semi-conductors.

The chemical industry has raised many complex and technical issues during the public comment period.  The need to carefully consider them is one of the reasons for the delay.

More information can be found on the official website: https://www.gazette.gc.ca/rp-pr/p1/2022/2022-05-14/html/reg2-eng.html