Canada Gazette, Part I, Volume 156, Number 20: Prohibition of Certain Toxic Substances Regulations, 2022

May 14, 2022

Statutory authority
Canadian Environmental Protection Act, 1999

Sponsoring departments
Department of the Environment Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Screening assessments conducted between 2006 and 2012 under the Chemicals Management Plan concluded that the following substances are toxic to the environment under the Canadian Environmental Protection Act, 1999 (CEPA) and they were added to the List of Toxic Substances in Schedule 1 to CEPA:

• perfluorooctane sulfonate, its salts and its precursors (PFOS);
• perfluorooctanoic acid, its salts and its precursors (PFOA);
• long-chain perfluorocarboxylic acids, their salts and their precursors (LC-PFCAs);
• hexabromocyclododecane (HBCD); and
• polybrominated diphenyl ethers (PBDEs).

The assessments also determined that these substances take a long time to break down in the environment and can accumulate in organisms. The Prohibition of Certain Toxic Substances Regulations, 2012 (the current Regulations) prohibit the manufacture, use, sale and import of these substances and products containing them, with a limited number of exemptions. However, additional action is needed to further restrict these five substances in order to meet the environmental objective of reducing concentrations of these substances in the Canadian environment to the greatest extent practicable.

Screening assessment reports that were published in 2019 by the Department of the Environment and the Department of Health concluded that Dechlorane plus or DP and decabromodiphenyl ethane or DBDPE are toxic to the environment as they can have harmful effects on Canada’s environment and its biological diversity due to their presence in the environment. Due to the persistence and widespread occurrence of these substances in the environment, there is the potential for bioaccumulation of DP and of the transformation products of DBDPE in wildlife, such as whales and seals. These substances have therefore been proposed to be added to the List of Toxic Substances in Schedule 1 to CEPA.

Canada does not currently prohibit the manufacture, use, sale or import of DP and/or products containing DP. DBDPE is not listed on the Domestic Substances List and is subject to the New Substances Notifications regime. Under this regime, the manufacture, import and use of DBDPE are subject to notification by companies engaging in these activities. In addition, some restrictions apply in the form of Ministerial Conditions which limits the use of DBDPE as a flame retardant component in the manufacture of wire and cable coatings, thermoplastic parts, thermoplastic coatings, thermoset parts and thermoset coatings. However, the Ministerial Conditions do not apply to all companies equally. While under subsection 3(1) of CEPA, “manufactured items” are excluded from the definition of substance for the purposes of the New Substances Notifications regime of CEPA, section 3.2 of the Guidance Document for the Notification and Testing of New Chemicals and Polymers sets out that where a substance is intended to be released from a manufactured item, the substance may be subject to notification. The release of a substance is considered to be intended if it occurs during the use of the manufactured item and the release contributes to a function of the manufactured item. Therefore, current measures for DBDPE are not consistent across industry. Since products containing DP and DBDPE are imported, manufactured, sold and used in Canada, these substances continue to enter the environment from a variety of sources. Therefore, there is a need to implement additional risk management measures for DP and DBDPE.

Finally, the current Regulations are difficult for regulated parties, stakeholders and the public to understand as information related to specific substances is found in multiple parts of the Regulations and schedules. The proposed Regulations aim to simplify and to clarify the intention of the current Regulations.

Background

The Chemicals Management Plan is a Government of Canada initiative that assesses and manages the risks associated with chemical substances that may be harmful to the environment and/or human health. The Regulations are one of the risk management instruments used under the Chemicals Management Plan and the Toxic Substances Management Policy to help reduce these risks. The substances prohibited by the Regulations are among the most harmful: they have been declared toxic to the environment and/or human health under the Canadian Environmental Protection Act, 1999 (CEPA) and are generally persistent and bioaccumulative.

The current Regulations prohibit the manufacture, use, sale, offer for sale and import of certain toxic substances and products containing them, with a limited number of exemptions. They were first published in 1996, consolidating three regulations that prohibited Mirex, polychlorinated terphenyls (PCT) and polybrominated biphenyls (PBB), and adding bis(chloromethyl) ether (BCME) and chloromethyl methyl ether (CMME). Over the years, the Regulations have been either amended or repealed and replaced eight times to add or remove substances or to remove exemptions. There are currently 26 substances (including groups of substances) listed to the Regulations.

Scientific risk assessments conducted between 2006 and 2012 concluded that PFOS, PFOA, HBCD, PBDEs and LC-PFCAs have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Therefore, these substances are toxic to the environment and were added to the List of Toxic Substances in Schedule 1 to CEPA. In 2016, the current Regulations were amended to prohibit the manufacture, use, sale, offer for sale and import of PFOS, PFOA, HBCD, PBDEs and LC-PFCAs, with a limited number of exemptions. Both PFOS and PBDEs had been previously controlled, since 2008, under stand-alone regulations that were repealed when the more stringent current Regulations came into force.

Screening assessments have concluded that Dechlorane Plus (DP) and decabromodiphenyl ethane (DBDPE) meet the toxicity criteria under paragraph 64(a) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. On June 29, 2019, a proposed Order was published in the Canada Gazette, Part I, that would add DP and DBDPE to the List of Toxic Substances in Schedule 1 of CEPA.

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.

HBCD and PBDEs are flame retardants used in commercial applications and products available to consumers. HBCD was used primarily in polystyrene foam insulation in the building industry. However, it has also been used in other products including textiles (upholstered furniture, upholstered seating in transportation, wall coverings and draperies), paints, adhesives and polymers contained in electronic equipment. PBDEs have been used in a wide range of products used by consumers (such as residential upholstered furniture foam, automotive parts, aerospace parts, appliances, and electrical and electronic equipment) and in building and automobile materials. Other uses identified for PBDEs included textiles, adhesives and sealants, rubber products and coatings.

DBDPE and DP are additive flame retardants that are currently marketed as an alternative or replacement for PBDEs, specifically, decabromodiphenyl ether (decaBDE), in some applications. DBDPE is used in a wide variety of products, such as plastic and rubber materials, electrical and electronic equipment (EEE), automobiles, adhesives and sealants. DP is used in products that may include wire and cable jacketing, electronics, appliances, automobiles, hard plastic connectors, and plastic roofing materials.

All of these substances are generally released into the environment from a variety of sources including the use and disposal of products available to consumers, in wastewater resulting from the cleaning and washing of articles containing these substances, and from manufacturing facilities, including those sources abroad through long-range transport.

Stockholm Convention on Persistent Organic Pollutants (POPs)

The current Regulations are one of the main instruments through which the Government of Canada meets its obligations under the Stockholm Convention on Persistent Organic Pollutants (POPs) [the Stockholm Convention]. The objective of the Stockholm Convention is to protect human health and the environment from POPs by eliminating and/or restricting them. POPs are substances that are toxic, accumulate in living organisms, remain in the environment for long periods of time and are subject to long-range transport. There are now 184 Parties to the Stockholm Convention.

The current Regulations prohibit the manufacture, use, sale, offer for sale and import of most industrial substances that are listed as POPs in the Stockholm Convention, such as short-chain chlorinated paraffins (known as short-chain chlorinated alkanes, or SCCAs, in Canada); polychlorinated naphthalenes; PFOS; PFOA; dichlorodiphenyltrichloroethane, also known as DDT; HBCD and PBDEs. However, not all substances that are prohibited under the current Regulations are listed to the Stockholm Convention.

Due to the tendency of POPs to migrate long distances and accumulate in northern climates, Canada is particularly impacted by these pollutants. While all Canadians are exposed to POPs, Canada’s Indigenous and northern communities are at greater risk of POPs exposure due to a diet that relies on traditional foods. As a result, Canada played a significant leadership role in efforts to control POPs and in the development of this global treaty, and it was the first country to sign and ratify the Stockholm Convention in 2001. Canada is one of a limited number of countries that ratifies each individual substance listing. This means that, while most countries are automatically bound to eliminate or severely restrict listed substances, Canada can ratify once all risk management measures are in place.

Great Lakes Water Quality Agreement

The Government of Canada is also party to the Great Lakes Water Quality Agreement, which is a bilateral, legally binding agreement with the United States. One of the goals of this agreement is to reduce anthropogenic releases of certain chemicals throughout their entire life cycles. These chemicals have been designated as chemicals of mutual concern (CMCs) under the agreement, given that their presence throughout the Great Lakes Basin can harm wildlife, their habitats, and/or humans through various means. The parties have currently designated PFOS, PFOA, LC-PFCAs, HBCD and PBDEs, among other substances, as CMCs. Binational strategies have been published for HBCD (2017) and PBDEs (2019), and a Great Lakes strategy was published for PFOS, PFOA and LC-PFCAs on April 26, 2021, for public comment. These strategies guide the identification, prioritization, and implementation of actions to reduce CMCs in the Great Lakes Basin.

Whales Initiative

As announced in the 2018 federal budget, the Government of Canada introduced a five-year Whales Initiative aimed at supporting the recovery of three of Canada’s endangered whale populations. Additional emergency protection measures were announced in October 2018 following the Southern Resident Killer Whale imminent threat assessment. The Whales Initiative and the emergency protections include measures to increase regulatory controls for contaminants of concern including HBCD, PBDEs, PFOS, PFOA, LC-PFCAs, DP and DBDPE’s transformation products, known to affect the Southern Resident Killer Whale and St. Lawrence Estuary Beluga, which are both endangered.^{footnote 10}

Objective

The proposed Prohibition of Certain Toxic Substances Regulations, 2022 (the proposed Regulations) aim to reduce the risk of toxic substances entering the Canadian environment, thus contributing to the protection of Canada’s environment and wildlife. The proposed Regulations also aim to help the Government of Canada in meeting its commitments under the Whales Initiative by addressing threats to the endangered Southern Resident Killer Whale and St. Lawrence Estuary Beluga. The preservation of both species is valuable to Canadian society as a whole; to Indigenous communities who have cultural, spiritual, and historical connections to these species; and to the Canadian tourism industry. In addition, preventing releases of PFOS, PFOA and LC-PFCAs to the environment would also protect drinking water sources.

The proposed Regulations would put Canada in a position to be able to ratify the following listings to the Stockholm Convention: HBCD (once the exemptions in the proposed Regulations related to vehicle replacement parts have expired in 2025), PFOS, PFOA, and decaBDE, and potentially any future listing for DP or LC-PFCAs. The proposed Regulations would allow the Government of Canada to continue meeting its international commitments implementing amendments to the Stockholm Convention. In addition, the proposed Regulations would introduce controls on LC-PFCAs, DP and DBDPE that would make Canada a leader in the risk management of these substances. It is noted that DP was nominated to the Stockholm Convention in 2019 and could be listed as soon as during the eleventh Conference of the Parties in 2023, and that LC-PFCAs were nominated in 2021 and could be listed as soon as during the twelfth Conference of the Parties in 2025.

The proposed Regulations would support Canada’s ongoing efforts to reduce anthropogenic releases of CMCs into the Great Lakes Basin, as committed to under the Great Lakes Water Quality Agreement.

In addition, the proposed Regulations would simplify the current Regulations by consolidating substance-specific requirements, improving readability for regulated parties, other stakeholders and the public and improving compliance with the regulatory requirements. Other minor changes are proposed to clarify the intent of certain sections in the current Regulations.

Description

The proposed Regulations would repeal and replace the current Regulations. The proposed Regulations would prohibit the manufacture, use, sale and import of PFOS, PFOA, LC-PFCAs, HBCD, PBDEs, DP, and DBDPE, while providing exemptions to the prohibitions. Specific exemptions are being proposed that take into account technical and economic factors, the demonstrated absence of suitable alternatives, and consideration of the international context and risks to the environment. Proposed changes to the regulatory requirements that are incremental to the current Regulations are described below.

The proposed Regulations would also allow for permits to be issued for up to three years that would allow the continued manufacture and import of DP, DBDPE or HBCD, or products containing these substances. In order for a permit to be issued, there must be no technically or economically feasible alternatives available, the applicant must have taken measures to minimize any harmful effect of the substance on the environment and human health, and a plan must have been prepared identifying measures taken by the applicant to comply with the proposed Regulations within three years. The proposed Regulations set out that the conditions under which a permit is granted must be maintained throughout the duration of the permit.

The proposed Regulations would also

• Simplify the current regulatory text by consolidating all substance-specific exemptions into one schedule;
• Clarify that the clauses allowing the continued use and sale of products found in Canadian inventory are only for those products that were imported or manufactured in Canada before the coming into force of the final Regulations;
• Remove the redundant term “offer for sale” as this activity falls under the scope of the term “sale”; and
• Update retention requirements for electronic records, and make clear that all records must be kept in Canada.

To address recommendations made by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), the proposed Regulations would remove any references to the Polybrominated Diphenyl Ethers Regulations and the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, as both regulations have been repealed.

Finally, the proposed Regulations would exempt the transit through Canada of a manufactured item containing a prohibited toxic substance.

Requirements for substances proposed to be added to the Regulations

The proposed Regulations would prohibit the manufacture, use, sale and import of DP and DBDPE, and products containing DP and DBDPE, with exemptions. The proposed Regulations would allow a manufacturer or importer of DP and/or DBDPE, or of a product containing the substances, to continue their activities for up to three years if they are issued a permit, or if they fall under one of the following exemptions:

• Use, sale and import of aircraft engine fan case rub strips products containing DP, and products to service them, until December 31, 2030, and the ongoing use and sale of aircraft that contain the fan case rub strip;
• Use, sale and import of pellets or flakes that contain DBDPE for the manufacture of wire and cable products for 5 years following publication of the final Regulations in the Canada Gazette, Part II;
• Manufacture, use, sale and import of EEE, vehicles and specific parts containing DP and/or DBDPE for 5 years following publication of final Regulations in the Canada Gazette, Part II;
• Use, sale and import of specific replacement parts containing DP and/or DBDPE to service EEE and vehicles for 20 years following publication of the final Regulations in the Canada Gazette, Part II;
• Ongoing use and sale of exempted vehicles and EEE; and
• Use and sale of all products containing DP and/or DBDPE that were in use or in inventory at the time the proposed Regulations come into force.

Changes to requirements for substances covered by the current Regulations

The proposed Regulations would further restrict the manufacture, use, sale and import of PFOS, PFOA, LC-PFCAs, HBCD, and PBDEs, and products containing them, by removing certain exemptions or limiting the activities outlined below, which are allowed under the current Regulations. In addition, the proposed Regulations would also include concentration thresholds for these substances at or below which their presence would be considered incidental and the prohibition would not apply.

PFOS, PFOA and LC-PFCAs

The proposed Regulations would

• repeal the exemption allowing the manufacture, use, sale, offer for sale and import of PFOS, or a product containing PFOS, designed for use in photoresists or anti-reflective coatings for photolithography process or photographic films, papers and printing plates;
• repeal the exemption allowing the use of AFFF containing PFOS in a concentration at or below 10 ppm;
• repeal the exemption allowing the import and use of products containing PFOA and LC-PFCAs^{footnote 12} for personal use;
• repeal the exemption allowing the use, sale or import of AFFF containing PFOA and LC-PFCAs used in firefighting, but continue to exempt:
  • the use of AFFF containing PFOA and LC-PFCAs to test firefighting systems provided that all releases are contained and disposed of in an environmentally sound manner, until December 31, 2025; and
  • the use of AFFF containing PFOA and LC-PFCAs to suppress liquid fuel vapour and liquid fuel fires in emergency situations until December 31, 2025;
• repeal the exemption allowing the use, sale, offer for sale and import of manufactured items^{footnote 11}containing PFOA and LC-PFCAs, but continue to exempt:
  • the use and sale of manufactured items containing PFOA and LC-PFCAs that were in use or in inventory at the time the proposed Regulations come into force; and
  • for a specified period of time, the use, sale and import of certain semi-conductors, and the ongoing use and sale of manufactured items containing them; and
• repeal the exemption allowing the use, sale, and offer for sale of products (that are not manufactured items) containing PFOA and LC-PFCAs that were manufactured or imported before December 23, 2016.

The presence in a product, including AFFF, is proposed to be incidental at a total concentration less than or equal to 1 ppm of PFOS, 1 ppm of PFOA and 1 ppm of LC-PFCAs.

PBDEs

The proposed Regulations would

• repeal the exemption allowing the manufacture, use, sale and import of manufactured items containing PBDEs, but exempt:
  • the use, sale and import of specific vehicle replacement parts containing decaBDE until December 31, 2036, and the ongoing use and sale of the vehicles containing the replacement parts;
  • the import of plastic shipping pallets containing decaBDE that are used to bring goods into Canada and are returned empty to the country of origin within a reasonable timeframe, provided that the pallets are labelled to identify that the pallets are not to be disposed of or recycled in Canada, and to provide the owner’s contact information; and
  • the use and sale of manufactured items containing PBDEs that were in use or in inventory at the time the proposed Regulations come into force; and
• repeal the exemption allowing the use and sale of products (that are not manufactured items) containing decaBDE that were manufactured or imported before December 23, 2016.

The presence of each PBDE congener (e.g. decaBDE, pentabromodiphenyl ethers) in a substance, mixture, polymer or resin is proposed to be incidental at a concentration less than or equal to 10 ppm.

The presence of PBDE congeners in all other products is proposed to be incidental when the total concentration of all congeners is less than or equal to 500 ppm.

HBCD

Note that the current Regulations only prohibit the manufacture, use, sale, offer for sale and import of the substance HBCD, and expanded and extruded polystyrene foams containing HBCD. The proposed Regulations would also

• prohibit the manufacture, use, sale and import of all other products containing HBCD, but exempt:
  • the use, sale and import of vehicle replacement parts containing HBCD until December 31, 2025; and the ongoing use and sale of the vehicles containing the replacement parts;
  • the use and sale of products containing HBCD that were in use or in inventory at the time the proposed Regulations come into force; and
• repeal the exemption allowing the use, sale and offer for sale of HBCD that was manufactured or imported before January 1, 2017.

The presence of HBCD in a product is proposed to be incidentally present at a concentration less than or equal to 100 ppm.

Related amendments

Accompanying the proposed Regulations are consequential amendments to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (Designation Regulations). The Designation Regulations identify provisions of various regulations made under CEPA as being subject to an enhanced fine range in the event of a successful prosecution of an offence involving harm or risk of harm to the environment, or obstruction of authority. The amendments are needed to replace the current Regulations with the proposed Regulations in the Schedule to the Designation Regulations.

Concurrently with the proposed Regulations, a ministerial order will be made to amend the Export Control List (ECL) of CEPA. These amendments would include the addition of PFOA, HBCD, PBDEs, LC-PFCAs, DP and DBDPE to the ECL, making their export subject to the Export of Substances on the Export Control List Regulations. Note that PFOS is currently listed on the Export Control List.

Once the proposed Regulations come into force, the eight existing Ministerial Conditions, issued under section 84 of CEPA to limit the import of DBDPE to specific uses and impose restrictions on its handling and disposal in industrial settings, would be rescinded.

Regulatory development

Consultation

A Notice of intent to amend the Prohibition of Certain Toxic Substances Regulations, 2012 (NOI) was published in the Canada Gazette, Part I, on October 13, 2018. This was followed by a 30-day public comment period. The CEPA National Advisory Committee was provided the opportunity to advise just prior to publication, but no comments were received from Committee members. Approximately 4 000 stakeholders were notified of the publication of the NOI via email and 11 comments were received.

A consultation document was published on December 20, 2018, on the CEPA Registry for a 60-day public comment period to inform and solicit comments from stakeholders on the proposed approach to amending the Regulations. Approximately 7 500 stakeholders were notified of the publication via email and 45 comments were received. In addition, webinars were held in English and French on January 16 and 17, 2019 with a total of 98 attendees, including industry, industry associations, academia, laboratories, provincial and federal government departments, environmental non-governmental organizations, and Indigenous stakeholders. Most comments received were related to the impacts of the proposed regulatory approach on company operations, suggested changes to the approach, and timelines.

The final screening assessment reports were published in April 2019 in conjunction with the risk management approach documents for DP and DBDPE. The publication of the risk management approach documents was followed by a 30-day public comment period. The risk management approach documents solicited information from stakeholders for specific activities to further inform decision-making; 19 comments were received. Most comments were received from industry stakeholders and were related to the impacts of the proposed regulatory approach on company operations, lack of available alternatives, lack of international harmonization for the proposed restrictions and suggested changes to the approach and timelines.

Furthermore, ongoing engagement with automotive, EEE and aerospace sectors has occurred through ECCC-industry working groups and informal discussions. Finally, some stakeholders (chemical manufacturers) have engaged directly with ECCC to highlight their concerns.

While there was general support for the management of toxic substances in Canada, comments were received from industry and industry associations (automotive, aerospace, electronic and electrical equipment, wire and cable manufacturers, and others), a municipality, and individuals on a number of topics, including the availability of alternatives, alignment with other jurisdictions, incidental presence limits, and existing inventories and replacement parts.

The following paragraphs summarize the main issues raised by interested parties with respect to the proposed regulatory approach and the Department of the Environment’s consideration of these issues leading to the preparation of the proposed Regulations.

Stakeholders underlined that an incremental approach for managing DP and DBDPE, such as exempting manufactured items containing the substances, is warranted. Stakeholders from various sectors emphasized the importance of harmonizing with other jurisdictions considering the complexity of global supply chains. Stakeholders also indicated that finding alternatives to DP and DBDPE, which are not restricted in other jurisdictions, presents a significant challenge unique to Canada. Stakeholders encouraged the Government to coordinate the regulatory approach with trading partners so as not to negatively affect competitiveness, and to continue to engage with other jurisdictions via international conventions in the spirit of multi-jurisdictional alignment.

Automotive and EEE stakeholders particularly expressed the need for sufficient time to adapt to alternatives, as opposed to the immediate full prohibition proposed in the 2018 Consultation Document, and that flame retardants are important for meeting regulatory requirements and ensuring safety. Stakeholders stated that they require time to identify and test alternatives, transition designs and manufacturing, and use replacement parts to service existing products. A number of industry stakeholders highlighted the lack of known alternative flame retardants.

Stakeholders also provided information related to the time and costs associated with identifying, testing and certifying alternative substances to meet performance and safety standards (e.g. Underwriters Laboratories and the Canadian Standards Association). Stakeholders noted applications where there is no equivalent substitute available, where available substitutes have a lower performance, and/or where alternatives are more expensive. They stated that even if alternatives are identified, some downstream customers will not switch due to extensive end-use certification requirements (e.g. nuclear plant refurbishment). Concerns were raised by industry that any environmental or health benefits gained through a prohibition of these substances, and products containing them, would be offset by the increased risk of fire or further regrettable substitution of substances. Finally, one stakeholder indicated that they may consider moving a portion of their manufacturing operations to a jurisdiction where the substances are not subject to restrictions rather than carry the costs associated with transitioning to an alternative.

The proposed risk management actions for DP and DBDPE are based on Canada’s final screening assessment reports, which concluded that these substances meet the toxicity criteria under paragraph 64(a) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Further, the final screening assessment reports confirmed that both DP and DBDPE are persistent, and due to the persistence and widespread occurrence of these substances in the environment, there is the potential for bioaccumulation of DP and of DBDPE’s transformation products (i.e. lower brominated diphenyl ethanes) in wildlife, such as whales and seals.

Recognizing the information provided by industry, the international context, the risks to the environment, and the results of a socio-economic analysis report, the proposed Regulations would provide specific time-limited exemptions for products containing DP and DBDPE used in the aerospace, automotive and EEE sectors, including EEE contained in appliances. These time-limited exemptions provide time for industry to identify and transition to alternatives, taking into consideration the life cycle of product development, as well as safety standards.

The Government of Canada often takes a phased approach to the risk management of toxic substances. The proposed Regulations represent the next phase in the risk management of PFOS, PFOA, LC-PFCAs, HBCD and PBDEs. The use of these substances continues to be phased out globally although their use in limited quantities persists in Canada’s automotive, electronic, appliance and textile industries.

Stakeholders from the automotive, aerospace and EEE sectors requested an exemption for replacement parts to allow the service of exempted and legacy products. As a result, specific time-limited exemptions are proposed for the use, sale and import of replacement parts containing HBCD, decaBDE, perflurodecanoic acid (a LC-PFCA), DP and DBDPE. These exemptions would allow the servicing of products, such as appliances and vehicles, until the end of their useful life. For example, a time-limited exemption has been provided for DP used in potting compounds in aircraft engine fan case rub strips because the use of this substance is specified to meet aerospace safety and airworthiness standards, which can take many years to update, and is controlled to manage risks.

One company also requested an exemption for the continued use of plastic shipping pallets to distribute goods into Canada, to avoid disrupting supply chains and creating barriers to trade. In order to allow the movement of goods into Canada, the proposed Regulations would allow the limited import and use of plastic shipping pallets containing decaBDE. The import and use of the plastic shipping pallets would only be allowed to deliver products to a final destination within Canada. The pallet must then be returned empty to the country of origin within a reasonable timeframe once the products are unloaded from the pallet. In addition, the pallet would be required to be labelled in accordance with the proposed Regulations. The label would be required to indicate that the pallets contain decaBDE and are not to be disposed of or recycled in Canada, and would provide the owner’s contact information.

Stakeholders also expressed concern about the significant costs and impacts of the proposed approach of removing exemptions for the use of PFOA and LC-PFCAs in AFFF used for fire-fighting. Taking into account information provided by stakeholders, the proposed Regulations include exemptions that would allow the use of AFFF containing PFOA or LC-PFCAs to suppress liquid fuel vapour and liquid fuel fires in emergency situations, until December 31, 2025. This exemption period is consistent with the Stockholm Convention. The proposed Regulations would also allow the use of AFFF containing PFOA or LC-PFCAs to test fire-fighting systems, provided all releases are contained and disposed of in an environmentally sound manner, over the same time period.

Stakeholders also raised concerns related to the efficacy and safety of alternative AFFF and were concerned that the proposed Regulations may inadvertently prohibit the use of foam containing per- and polyfluoroalkyl substances (PFAS) with shorter chain length (e.g. C6). The Department of the Environment is aware that there may be residual levels of PFOS, PFOA or LC-PFCAs in foam containing short-chain PFAS and/or fire suppression systems. The proposed Regulations would allow the use of the short-chain foams containing PFOS, PFOA and LC-PFCAs at, or below, the concentrations outlined in Schedule 3 of the proposed Regulations.

Stakeholders also requested that the Regulations include measurable and feasible thresholds for determining incidental presence for the listed substances that are harmonized with other jurisdictions. It was noted that thresholds would help industry determine if products meet the regulatory requirements through testing, and would allow companies to specify material compositions to suppliers. In response, the Department of the Environment has proposed to include concentration thresholds for the incidental presence of HBCD, PBDEs, PFOS, PFOA, and LC-PFCAs. In addition, the Department of the Environment recognizes the value with harmonizing with other jurisdictions, where possible, and the proposed threshold limits for PBDEs and HBCD are aligned with the European Union Regulation 2019/1021 on persistent organic pollutants (recast). The Department of the Environment will work towards including thresholds for other substances in future amendments.

Modern treaty obligations and Indigenous engagement and consultation

The proposed Regulations are not expected to have direct impacts on Indigenous peoples, and no modern treaty rights are expected to be affected. The proposed Regulations would help reduce the risk of exposure of the Southern Resident Killer Whale and St. Lawrence Estuary Beluga to the substances that would be further controlled. These whale species hold significant cultural value for Indigenous peoples. In addition, POPs are a specific threat to Arctic ecosystems and Indigenous peoples given the bioaccumulation of POPs in fish and mammals that are part of their traditional diet. Therefore, the proposed Regulations are expected to be beneficial to all Canadians, but especially to Indigenous peoples who often have a higher exposure to these substances based on location and/or diet.

Instrument choice

When determining how to meet the objectives described above, three regulatory options were considered: (1) maintaining the status quo; (2) making amendments to the current Regulations, as outlined in the 2018 Consultation Document; and (3) repealing and replacing the current Regulations, with additional exemptions in response to stakeholder feedback. Non-regulatory options were not considered as they would not meet the objectives of the proposed Regulations.

Under the status quo option, risks to the Canadian environment associated with the manufacture, use, sale, offer for sale, and import of HBCD, PFOA, LC-PFCAs, PBDEs, PFOS, DP and DBDPE would continue as activities conducted under exemptions in the current Regulations could continue indefinitely and there would be no new restrictions on DP or DBDPE. Although the proposed Regulations include a number of exemptions, the uses are expected to decline as industry transitions to alternatives, and the time limits on the exemptions are reached. In addition, under the status quo option Canada would not be in a position to ratify recent amendments to the Stockholm Convention respecting PFOS, PFOA, HBCD and PBDEs. Finally, the Government of Canada would not meet its commitments to increase regulatory controls for contaminants of concern under the Whales Initiative.

The proposed regulatory approach for PFOS, PFOA, LC-PFCAs, PBDEs, and HBCD in the 2018 Consultation Document was to amend the current Regulations to remove all current exemptions, except for an exemption for decaBDE in replacement automotive parts until 2036. The Consultation Document also proposed that the current Regulations be amended to prohibit the manufacture, import, use, sale and offer for sale of DP and DBDPE, as well as products that contain them. The amendments to the current Regulations proposed in the 2018 Consultation Document would meet the environmental objective; however, this approach would not allow sufficient time for some sectors to transition to alternative substances, potentially leading to unintended impacts to human and environmental health, employment, and manufacturing activity.

Repealing and replacing the current Regulations with the proposed Regulations would meet the environmental objective, minimize impacts on industry by proposing a limited number of exemptions not included in the 2018 Consultation Document, and simplify the regulatory text by restructuring the current Regulations rather than simply amending certain sections. The proposed Regulations have taken into account feedback from stakeholders to ensure the necessary time to develop alternative substances, where necessary. Thus, repealing the current Regulations and replacing them with the proposed Regulations is the chosen option.

Regulatory analysis

Benefits and costs

Compliance costs

The proposed Regulations are expected to result in compliance costs for

1. manufacturers, users, sellers and importers of
   • (a) certain previously exempted products (including manufactured items) containing PFOS, PFOA or LC-PFCAs,
   • (b) previously exempted manufactured items containing PBDEs, and
   • (c) products containing HBCD, DP and DBDPE;
2. users, sellers and importers of DP and DBDPE (i.e. the substances themselves).

The proposed Regulations would not result in compliance costs for the manufacture, use, sale and import of PFOS, PFOA, LC-PFCAs, HBCD and PBDEs (i.e. the substances themselves) because they are already largely prohibited.

Compliance costs to manufacturers, users, sellers and importers of products containing substances subject to the proposed Regulations would include substitution costs and reformulation costs passed on by international suppliers. Alternative products containing compliant substances exist for most substances; however, the availability of alternatives remains unknown for products containing DP and DBDPE. Therefore, parties subject to the proposed Regulations may choose to cease manufacturing, using, selling and importing non-compliant substances and products and replace them with compliant substances and products, which may be more expensive.

Currently, only limited cost and actual use data is available regarding the use of DP and DBDPE in Canada. The use of PFOS, PFOA, LC-PFCAs, HBCD and PBDEs continues to be phased out globally. Some limited quantities of certain substances persist in Canada’s automotive, electronic, appliance and textile industries. Thus, substitution and reformulation costs for products containing the substances already listed in the current Regulations are expected to decrease or remain relatively low; however, as in the case of DP and DBDPE, only limited cost and actual use data is available.

The sections below describe the expected compliance costs associated with the proposed Regulations for each of the regulated substances. These estimates rely heavily on information provided to the Department of the Environment during stakeholder consultations, where provided, and information from a socio-economic study commissioned by the Department of the Environment. In cases where compliance cost data is unavailable, expected compliance costs are described qualitatively. All costs presented below are in 2020 dollars, discounted to present value (2021 base year) using a 7% discount rate, unless stated otherwise.

Total incremental compliance costs shouldered by manufacturers of wire and cable products have been estimated to be $12,75 million over the 10-year period of analysis (2022–2031). Additional compliance costs are expected to be covered by manufacturers of automotive products, aerospace engines, specialized rubber products, and industrial adhesives containing DP and DBDPE. However, given a lack of information regarding the most likely alternatives, these costs have not been estimated. In some cases (such as replacement automotive parts), these costs would be shouldered after the period of analysis as a result of time-limited exemptions. Costs to government to administer the proposed Regulations would also be incurred, totalling $1.47 million over 10 years.

DP and DBDPE

The proposed Regulations would prohibit the manufacture, use, sale and import of DP and DBDPE, and products containing DP and DBDPE, with certain exemptions. These prohibitions 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, and any other product containing DP and DBDPE.

A study commissioned by the Department of the Environment, completed in January 2020 by Toxecology Environmental Consulting Ltd., found that the costs of prohibiting DP and DBDPE remain uncertain because suitable alternatives do not appear to exist for some critical applications. The incremental impacts of prohibiting DP and DBDPE without exemptions include increased risk to

1. public health, in the form of personal injury, death and property damage if alternative flame retardants are not used or are less effective;
2. environmental health, in the form of fire-related environmental damage; and
3. manufacturing activity and employment, in the form of high costs for or losses in domestic manufacturing in key sectors (e.g. transportation, equipment manufacturing, wire and cable manufacturing), with possible economic consequences for Canada and local communities employed by the facilities.

Since the completion of this study, the Department of the Environment has consulted with stakeholders and developed exemptions, which are time-limited wherever possible, with the aim of mitigating these risks. The specific impacts expected for the various applications of DP and DBDPE are described below.

Wire and cable

DP and DBDPE are used as flame retardants in insulation coating for wire and cable products and in wire connection products. It is estimated that 185 tonnes of DBDPE and 10.3 tonnes of DP were used in Canada in 2018 to manufacture wire and cable coating products. This represents 55% and 28% of the total quantities used in Canadian manufactured products containing DBDPE and DP, respectively.

Because the exemptions outlined in the proposed Regulations for these uses are mainly time-limited, compliance costs are expected to be shouldered by manufacturers of products containing DP and DBDPE related to research, testing, trials, and recertification to transition to products containing alternative substances. Based on information provided to the Department of the Environment by industry stakeholders, these costs are estimated to be about $12.18 million for products containing DBDPE and $570,000 for products containing DP. Additional costs could also have to be paid if replacement substances are more expensive or less effective than DBDPE and DP. Given a lack of price data and uncertainty regarding the most likely substitutes, these potential costs have not been estimated independently by the Department of the Environment.

Automotive products

DP and DBDPE are used in automotive vehicles and are primarily contained in parts or components (i.e. manufactured items) that are imported into Canada and then assembled into vehicles. It is estimated that in 2018, 80 tonnes of DBDPE and 26 tonnes of DP were included in parts assembled into vehicles by Canadian manufacturers. This represents 24% and components 71% of the total quantities used in Canadian manufactured products DBDPE and DP, respectively.

Because the exemptions outlined in the proposed Regulations for these uses are mainly time-limited, compliance costs are expected to be shouldered by automotive vehicle manufacturers to procure parts that use alternatives to DP and DBDPE. Due to a lack of data and uncertainty regarding the most likely substitutes, these costs have not been estimated.

Other applications

DP and/or DBDPE are also used in a number of other applications, including, but not limited to, parts contained in aerospace engines, specialized rubber products, such as industrial conveyer belts, and industrial adhesives. Similar to the applications described above, compliance costs are expected, but the price data and expected alternative substances for these applications is unknown at this time.

PFOA and LC-PFCAs

The proposed Regulations would remove exemptions from the current Regulations for the import, use, and sale of manufactured items containing PFOA and LC-PFCAs. Time-limited exemptions would be maintained for certain uses, including AFFF used in fire-fighting equipment under specific conditions and certain semiconductors.

Compliance costs associated with the removal of these exemptions are expected to be minimal, given the wide availability of alternatives. Owners of fire-fighting equipment containing PFOA may bear compliance costs related to the disposal of AFFF containing PFOA. However, it is expected that most of these fire-fighting systems would be exempted by the incidental presence concentration limit.

PFOS, HBCD and PBDEs

The proposed Regulations would remove exemptions in the current Regulations for the manufacture, import, use, and sale of certain products that contain PFOS, HBCD, and PBDEs. Minimal compliance costs are expected, as the previously exempted uses have been phased out and stakeholders have access to alternatives.

Industry administrative costs

Changes to reporting requirements are expected to result in a net increase in administrative costs to industry. Further details can be found in the ‘‘One-for-one rule’’ section below.

Government administrative costs

The Department of the Environment would incur incremental costs related to enforcement (e.g. training, inspections, investigations) and measures to deal with any alleged violations, and compliance and promotion activities. The proposed Regulations would impose total administrative costs on the Department of the Environment of $1.47 million over the period of analysis.

The Department of the Environment would incur costs to enforce and administer the proposed Regulations. With respect to enforcement costs, it is expected that there would be incremental costs required for the hiring and training of new enforcement officers, for the training of current enforcement officers, for equipment, and for inspections. In total, incremental enforcement costs are estimated at about $1.46 million over a 10-year period.

Compliance promotion activities are intended to encourage the regulated community to achieve compliance. Compliance promotion costs include distributing the final Regulations, developing and distributing promotional materials (such as a fact sheet and Web material), market research through the purchase and analysis of products, and attending association conferences. This cost over 10 years is about $6,000 in present value.

Environmental benefits

The substances prohibited by the proposed Regulations are amongst the most harmful to the environment and/or human health. They have been added to the List of Toxic Substances in Schedule 1 to CEPA, and are generally persistent and bioaccumulative. The ultimate environmental objective for these substances is to reduce their concentration in the Canadian environment to the greatest extent practicable by reducing or eliminating their releases.

The reduction of toxic substances entering the Canadian environment is expected to contribute to the protection of Canada’s environment and wildlife. Given that limited data is currently available for some of these substances, it is challenging to accurately estimate the environmental benefits resulting from the proposed Regulations. However, it is expected that the proposed Regulations will result in an improvement in environmental quality by contributing to a reduction of these substances and ultimately their releases to the environment over time.

For example, the proposed Regulations would help the Government of Canada in meeting its commitments under the Whales Initiative by addressing threats to the Southern Resident Killer Whale and St. Lawrence Estuary Beluga, which are both endangered. The preservation of both species is valuable to Canadian society, particularly Indigenous people who have cultural and spiritual connections to these whales. Preservation of these species is also beneficial to the Canadian tourism industry.

In addition, the Stockholm Convention aims to reduce levels of POPs entering the environment over time by eliminating or restricting releases of POP industrial chemicals and pesticides unintentionally produced POP by-products and stockpiles and wastes containing POPs. Compliance with the Stockholm Convention results in reduced levels of POPs entering the Canadian environment and helps global efforts towards the elimination of these harmful substances, further protecting Canadians and the environment. As mentioned earlier, the proposed Regulations would put Canada in a position to align with the PFOA, HBCD and PBDEs listings, and the amended PFOS listing under the Stockholm Convention.

Cost-benefit statement

• Number of years: 10 (2022–2031)
• Base year for costing: 2020
• Present value base year: 2021
• Discount rate: 7%

Table 1: Monetized costs

Impacted stakeholder	Description of cost	2022–2027	2027–2031	Total (present value)
Industry	Incremental costs for research, testing, trials, and recertification to transition to products containing alternatives to DP and DBDPE	$12,753,000	N/A	$12,753,000
Government	Incremental administrative costs to administer and ensure compliance with the proposed Regulations	$989,000	$482,000	$1,471,000
All stakeholders	Total costs	$13,742,000	$482,000	$14,224,000

Quantified (non-$) and qualitative impacts

Positive impacts

• Reduced environmental risk associated with toxic substances
• Compliance with the Stockholm Convention, which results in reduced levels of POPs entering the Canadian environment and helps global efforts

Negative impacts

• Compliance costs for research, testing, trials, and recertification to manufacturers of automotive products, aerospace engines, specialized rubber products, and industrial adhesives containing DP or DBDPE
• Compliance costs associated with more expensive replacement substances

Small business lens

It is expected that 74 companies would be affected by the proposed Regulations, 13 of which are considered small businesses. For these small businesses, the proposed Regulations are expected to result in incremental administrative costs of $4,600 over the period of analysis, that is $354 per small business. Compliance costs to small businesses are expected to be minimal.

The proposed Regulations do not provide specific flexibilities to small businesses, such as exceptions. Exceptions for small businesses with respect to the prohibition of toxic substances covered by the proposed Regulations would allow small businesses to manufacture, use, sell or import these substances, or products containing them, that do not respect the requirements faced by other regulated parties. Such a scenario would reduce the benefits to Canadians and the environment associated with the prohibition of substances covered by the proposed Regulations and compromise Canada’s ability to comply with the Stockholm Convention.

The proposed Regulations would provide time-limited exemptions for certain uses based on feedback from industry stakeholders, including small businesses. These exemptions serve to provide industry with sufficient time to reformulate products to comply with the proposed Regulations, which is expected to help mitigate the risk of adverse financial outcomes.

Small business lens summary

• Number of small businesses impacted: 13
• Number of years: 10 years, 2022 to 2031
• Base year for costing: 2020
• Present value base year: 2021
• Discount rate: 7%

Table 2: Administrative costs

Activity	Annualized value	Present value
Total administrative cost	$655	$4,600
Total administrative cost per small business	$50	$354

These costs assume that four out of seven small businesses eligible to apply for a permit would do so. They would choose this option if it leads to an overall reduction in their compliance costs.

One-for-one rule

The one-for-one rule applies as the proposal results in a change in administrative burden on business. The proposal repeals an existing regulation and replaces it with a new regulatory title, which results in no net increase or decrease in regulatory titles.

The proposed Regulations would require laboratories to report to the Minister the quantities of DP and DBDPE used if the quantity used is above 10 g per year. Based on information collected under section 71 of CEPA, it is expected that one laboratory would exceed this threshold. Administrative burden would be borne related to familiarization with information obligations, record-keeping, and report compilation and submissions. The cost for one laboratory to report is estimated to be $183.88 for the first year and $134.07 per year for subsequent years. These administrative costs would apply to one firm (a small business), which would result in an increased burden of about $139 per year.

The proposed Regulations would also remove reporting requirements related to the manufacture or import of short-chain chlorinated alkanes (SCCAs) or benzidine and benzidine dihydrochloride (current Schedule 5), or the import of a product containing one of these substances. The reporting requirement was put in place to monitor the presence of SCCAs in products and to ensure that benzidine and benzidine dihydrochloride were only used for permitted uses. These reporting requirements are estimated to require 2.75 hours of employee time per company per year at a weighted average wage rate of $49.81. These administrative savings would apply to one firm, who would save about $137 per year.

The proposed Regulations would also include a permit provision allowing companies who currently manufacture or import DP, DBDPE or HBCD, or products containing these substances, to apply for a permit to continue to do so for up to three years. The proposed Regulations include a number of specific exemptions that provide compliance flexibility to address challenges industry has raised. The permit process provides an additional mechanism to deal with unforeseen challenges. Companies would apply for a permit if the administrative costs are lower than the compliance option. The cost for one company to apply for a permit is estimated to be $512.63 for the first year and $228.81 per year for the second and third years, with an average of about $364 per year. This is based on the assumption that any company that applies for a permit will do so for the whole three years. The first year includes upfront costs to familiarize themselves with the proposed Regulations, prepare a compliance plan and explain measures taken to minimize harm to the environment and human health. It is assumed that 7 out of the 13 companies that could apply for a permit would choose to do so, of which 4 would be small businesses.

The changes to the administrative requirements under the proposed Regulations would lead to a net increase in the overall administrative burden to industry by $418^{footnote 13} in average annualized costs. The increase in average annualized administrative cost per business would be approximately $6 per business.

Regulatory cooperation and alignment

The Government of Canada signed and ratified the Stockholm Convention in 2001. The proposed Regulations would align the Government of Canada with amendments to the Convention, which include listing PFOA and PBDEs in Annex A, and the amended listing of PFOS in Annex B. The proposed Regulations would also align with the listing for HBCD as of 2025.

The Government of Canada is also party to the Great Lakes Water Quality Agreement, which is a bilateral, legally binding agreement with the United States. This agreement seeks to reduce anthropogenic releases of chemicals of mutual concern throughout their entire lifecycles. The proposed Regulations would help the Government of Canada continue to progress in its efforts towards this objective.

Through the proposed Regulations, the Government of Canada would also harmonize its requirements with policy measures in other jurisdictions, such as the European Union, which has implemented risk management actions to control PFOS, PFOA, HBCD and PBDEs. The control of PBDEs is aligned at the federal level with the United States, while restrictions on PFOS and PFOA have been implemented in certain states. In regard to HBCD, the United States Environmental Protection Agency (U.S. EPA) implemented a significant new use rule (SNUR) in 2015, for limited imported consumer textile articles, along with controls implemented in several U.S. states. More recently, the Agency completed a broader risk assessment in September 2020, with proposed risk management actions for HBCD expected by September 2021 since the risk assessment found unreasonable risks to the environment for various conditions of use. However, it should be noted that the proposed regulatory requirements for LC-PFCAs, DP and DBDPE would not align with policy measures in these jurisdictions, as Canada is expected to be the first to prohibit these substances.

In the case of LC-PFCAs, measures are being considered by several countries and regional authorities (such as the European Union). In addition, LC-PFCAs were nominated by Canada to the Stockholm Convention in 2021 and could be listed as early as 2025.

With regard to DP and DBDPE, although there are no risk management measures in place in the European Union or the United States, these substances may be subject to reporting requirements, and in some cases controls are being proposed. For example, the European Union has identified DP as very persistent and very bioaccumulative and recently published a proposal to restrict the manufacture, use and sale of DP (whether alone as a substance, in a mixture or in an article). In the United States, DP is listed as a chemical in commerce and manufacturers and importers of DP are required to report relevant information to the U.S. EPA, including production and volumes. In addition, DP was nominated to the Stockholm Convention in 2019 and could be listed as early as 2023.

In the European Union, DBDPE is undergoing risk assessment to determine whether it is persistent, bioaccumulative and toxic. In the United States, DBDPE is listed as a new chemical and is subject to a SNUR, which requires notification to the U.S. EPA prior to the manufacture, import or processing of DBDPE. However, the SNUR does not apply once DBDPE has been incorporated into a resin.

Strategic environmental assessment

The proposed Regulations have been developed under Canada’s Chemicals Management Plan, a Government of Canada initiative aimed at reducing the risks posed by chemicals to Canadians and their environment. The strategic environmental assessment for the Chemicals Management Plan concluded that actions taken under this initiative, such as the proposed Regulations, which put controls in place for substances found to be toxic to the environment, will lead to positive outcomes for Canadians and the environment. This anticipated outcome is in line with the 2019-2022 Federal Sustainable Development Strategy (PDF) goal of safe and healthy communities, with connections to healthy wildlife populations, healthy coasts and oceans, and pristine lakes and rivers.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Regulations would come into force six months after the day on which they are registered. Information, fact sheets and frequently asked questions on the proposed Regulations would be provided on the Department of the Environment’s website prior to the coming-into-force date.

Compliance and enforcement

The compliance plan for the proposed Regulations will build on the existing compliance promotion program associated with the current Regulations. Activities of the current program include maintaining a stakeholder database, reviewing reports and permit applications for completeness and accuracy, responding to inquiries from stakeholders, conducting targeted outreach to specific sectors, and maintaining a web page on the CEPA Environmental Registry.

The Department of the Environment will undertake additional outreach activities to raise stakeholder awareness of the proposed Regulations and the associated requirements. The compliance promotion approach for the proposed Regulations will include facilitating information sessions, conducting a campaign blitz to verify the awareness about and understanding of regulatory requirements, undertaking market research for performance measurement, and preparing and delivering compliance promotion materials outlining the proposed changes to the current Regulations, such as fact sheets and web materials. In addition, the Department of the Environment will develop a guidance document to help regulated parties understand and comply with the Regulations.

As the proposed Regulations are made under CEPA, implementation and enforcement would be undertaken by the Department of the Environment in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 (CEPA, 1999) [the Policy]. Enforcement officers would apply the Policy when verifying compliance with the regulatory requirements. The Policy sets out the range of possible responses to alleged violations, including warnings, directions, environmental protection compliance orders, administrative monetary penalties, ticketing, ministerial orders, injunctions, prosecution, and environmental protection alternative measures, which are an alternative to a court trial after the laying of charges for a violation under CEPA. In addition, the Policy explains when the Department of the Environment would resort to civil suits by the Crown for cost recovery. Following an inspection or investigation, when an enforcement officer discovers an alleged violation, the officer would choose the appropriate enforcement action based on the Policy.

Service standards

The proposed Regulations include reporting requirements for laboratory users. The receipt of reports will be acknowledged within 10 working days. The Department of the Environment may seek further information from the reporters if necessary following the review of the report. The proposed Regulations also include provisions for regulated parties to request permits from the Minister of the Environment. The applications for permits will be reviewed by the Department of the Environment. The administrative procedure may take up to 60 working days.

Contacts

Christina Paradiso
Executive Director
Chemicals Management Division
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 819‑938‑4590
Email: interdiction-prohibition@ec.gc.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 873‑469‑1452
Email: RAVD.DARV@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1)^{footnote a} of the Canadian Environmental Protection Act, 1999^{footnote b}, that the Governor in Council, pursuant to subsection 93(1) of that Act, proposes to make the annexed Prohibition of Certain Toxic Substances Regulations, 2022.

Any person may, within 75 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or, within 60 days after the date of publication of this notice, file with that Minister a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Christina Paradiso, Executive Director, Chemicals Management, Environmental Protection Branch, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (email: ec.interdiction-prohibition.ec@ec.gc.ca).

A person who provides the Minister of the Environment with information may also submit a request for confidentiality under section 313 of that Act.

Ottawa, April 29, 2022

Wendy Nixon
Assistant Clerk of the Privy Council

Prohibition of Certain Toxic Substances Regulations, 2022

Interpretation

Definition of manufactured item

1 In these Regulations, manufactured item means a manufactured item that is formed into a specific physical shape or design during its manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design.

Application

Application

2 Subject to sections 3 to 5, these Regulations apply to toxic substances that are both specified in the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and are set out in column 1 of Schedule 1 to these Regulations and to products that contain any of those substances.

Non-application — certain toxic substances

3 These Regulations do not apply to any toxic substance that

• (a) is contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies;
• (b) is contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; or
• (c) is present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in column 1 of Schedule 1.

Non-application — laboratory use

4 (1) These Regulations, except for subsection (2), do not apply to any toxic substance or to any product containing it that is to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.

Information to Minister — more than 10 g

(2) Every person who intends to use a toxic substance or a product containing that substance for a purpose referred to in subsection (1), in any calendar year, must submit to the Minister the information set out in Schedule 2 for each toxic substance or a product containing that substance as soon as feasible before the use of more than 10 g of the substance, by itself or in a product, in that year. The information must be submitted only once in a calendar year in respect of each substance or product.

Non-application — manufactured item in transit

5 These Regulations do not apply to a manufactured item that is in transit through Canada, from a place outside Canada to another place outside Canada.

Prohibition and Authorized Activities

General Prohibition

Toxic substances — Schedule 1

6 (1) Subject to sections 7 to 10, a person must not manufacture, use, sell or import a toxic substance set out in column 1 of Schedule 1 or a product containing that substance, unless the toxic substance is incidentally present in that product.

Incidental presence

(2) In the case of a toxic substance that is set out in column 1 of Schedule 3, it is incidentally present in a product if the substance is present in a total concentration less than or equal to the concentration set out in column 2.

Authorized Activities

Authorized activities — Schedule 1

7 A person may conduct an activity set out in column 3 of Schedule 1 in respect of the corresponding toxic substance set out in column 1, or the corresponding product, that contains that toxic substance set out in column 2, if the corresponding conditions set out in column 4 are met.

Conditions — decabromodiphenyl ether

8 (1) If the toxic substance is decabromodiphenyl ether referred to in item 15, column 1, of Schedule 1, the product referred to in subitem 15(3), column 2, of Schedule 1 must have a label affixed to it that contains the following information:

• (a) the statements “Contains decabromodiphenyl ether.” and “Contient du décabromodiphényléther.”;
• (b) the statements “This product may not be disposed of or recycled in Canada.” and “Ce produit ne peut pas être éliminé ou recyclé au Canada.”; and
• (c) the name, civic and postal address and telephone number of the current owner of the product.

Label requirements

(2) The label referred to in subsection (1) must be in the form of a stamp, tag or sticker that is in a visible location and securely affixed to the product in such a manner that it cannot be easily removed.

Appearance — information

(3) The information on the label referred to in subsection (1) must

• (a) appear in both English and in French;
• (b) be of a colour that contrasts sharply with the label’s background;
• (c) be printed in characters that have a font size of at least 10 points and at least 3 mm in height;
• (d) be enclosed by a border;
• (e) be easily distinguishable from other graphic material on the product or its package; and
• (f) remain clear and legible throughout the useful life of the product under normal conditions of transportation, storage, sale and use.

Authorized activity

(4) It is permitted to carry out the authorized activity set out in subitem 15(3), column 3, of Schedule 1 if the product set out in column 2 is used to transport goods imported from outside of Canada to a final destination for the purpose of delivering goods within Canada if once those goods are unloaded, the product is exported empty and without delay to its country of origin, in accordance with the Export of Substances on the Export Control List Regulations.

Transfer for disposal

9 The physical possession or control of a toxic substance set out in column 1 of Schedule 1, or a product containing that toxic substance, may be transferred within Canada to allow for the final disposal of the substance or product.

Use or sale

10 A person may use or sell a toxic substance or a product containing it, if the substance or the product was manufactured or imported in accordance with a permit that is issued under section 12.

Permits

Application

Permit — manufacture or import

11 (1) A person that manufactures or imports a toxic substance set out in column 1 of Schedule 1, or a product containing that toxic substance, must obtain a permit to continue to manufacture or import the substance or product by submitting an application to the Minister.

Permit application

(2) A permit application in respect of a toxic substance or a product containing it must be submitted to the Minister:

• (a) in the case of a substance referred to in items 13, 25 and 26 of Schedule 1, on the coming into force of these Regulations; or
• (b) in any other case, by the date set out in column 5 of Schedule 1 for the substance or product, if any.

Information

(3) A permit application in respect of a substance or product must contain the information referred to in Schedule 4 for that substance or product.

Conditions of Issuance

Issuance

12 (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

• (a) the applicant has demonstrated that, at the time of the application, there was no technically or economically feasible alternative or substitute for the toxic substance available to the applicant other than a substance regulated under these Regulations;
• (b) the applicant has demonstrated that they have taken the necessary measures to minimize or eliminate any harmful effect of the toxic substance on the environment and human health;
• (c) the applicant has prepared a plan respecting the toxic substance that identifies the measures that will be taken by the applicant to comply with these Regulations; and
• (d) the applicant has provided the period within which the plan is to be implemented and that period does not exceed three years.

Clarifications

(2) The Minister may, on receiving the application, require from the applicant any clarifications that are necessary for the application to be processed.

Notice of change to information

(3) The applicant must notify the Minister in writing of any change to the information provided under this section within 30 days after the day on which the change occurs.

Refusal

(4) The Minister must refuse to issue a permit if

• (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or
• (b) the information required under subsection 11(3) has not been provided or is insufficient to enable the Minister to process the application.

Application for renewal

(5) An application for renewal must be made in accordance with subsections (1) to (4) and may only be made twice.

Expiry

(6) A permit expires on the first anniversary of the day on which it is issued or renewed.

Renewal

(7) The Minister must renew the permit if

• (a) the permit holder submits an application for renewal at least 30 days before the day on which the permit expires; and
• (b) the application contains the information referred to in Schedule 4.

Conditions

(8) The permit holder must ensure that the conditions set out in paragraphs (1)(b) to (d) are met for the duration of the validity of the permit.

Revocation

Revocation — grounds

13 (1) The Minister must revoke a permit if the conditions set out in paragraphs 12(1)(b) to (d) are no longer met or if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister.

Notice of revocation

(2) Before revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.

Accredited Laboratory

Accredited laboratory

14 (1) Any analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

• (a) it is accredited
  • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
  • (ii) under the Environment Quality Act, CQLR, c. Q-2; and
• (b) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.

Standards of good practice

(2) If no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of a toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.

Submission Requirements

Certification

15 (1) Any information that is submitted under these Regulations must be accompanied by a certification, dated and signed by the individual submitting the information or by their authorized representative, stating that the information is accurate and complete.

Paper or electronic format

(2) Any document that is submitted under these Regulations may be submitted in paper format or in an electronic format that is compatible with the format that is used by the Minister.

Electronic signature

(3) If a document is submitted in electronic format, the document may be signed electronically.

Record Keeping

Records to be kept

16 (1) Every person that submits information to the Minister under these Regulations must keep records containing that information, including test data if applicable, and a copy of any supporting documents.

Five years

(2) The records must be kept for a period of five years after the day on which the information referred to in subsection (1) is submitted to the Minister.

Electronically compatible format

(3) Records that are kept electronically must be in an electronic format that is compatible with the format that is used by the Minister for the period referred to in subsection (2).

Location of records

(4) The records must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.

Change of address

(5) If the civic address referred to in subsection (4) changes, the person must notify the Minister in writing within 30 days after the day on which the change occurs.

Consequential Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

17 Item 27 of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) ^{footnote 14} is replaced by the following:

Item	Column 1 Regulations	Column 2 Provisions
27	Prohibition of Certain Toxic Substances Regulations, 2022	(a) subsection 6(1)

Repeal

18 The Prohibition of Certain Toxic Substances Regulations, 2012 ^{footnote 15} are repealed.

Coming into Force

Six months after publication

19 These Regulations come into force on the day that, in the sixth month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month.

SCHEDULE 1

(Section 2, paragraph 3(c), subsection 6(1), section 7, subsections 8(1) and (4), section 9, subsections 11(1) and (2) and section 2 of Schedule 2)

Prohibited Toxic Substances and Authorized Activities

Item	Column 1 Toxic substance	Column 2 Product containing toxic substance	Column 3 Authorized activity	Column 4 Conditions	Column 5 Due date for permit application
1	Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane (Mirex)
2	Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which "n" is greater than 2
3	Polychlorinated Terphenyls that have the molecular formula C18H(14-n)Cln in which "n" is greater than 2
4	Bis(chloromethyl) ether, which has the molecular formula C2H4Cl2O
5	Chloromethyl methyl ether, which has the molecular formula C2H5ClO
6	(4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oxime, which has the molecular formula C17H15ClN2O3
7	N-Nitrosodimethylamine, which has the molecular formula C2H6N2O
8	Hexachlorobutadiene, which has the molecular formula C4Cl6
9	Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C14H9Cl5
10	Hexachlorobenzene
11	Polychlorinated naphthalenes that have the molecular formula C10H8-nCln in which "n" is greater than 1	Any product	Use or sell product	The product was manufactured in Canada or imported before March 14, 2013
12	Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10≤n≤13	Any product	Use or sell product	The product was manufactured in Canada or imported before March 14, 2013
13	Hexabromocyclododecane, which has the molecular formula C12H18Br6	(1) Vehicle replacement parts	Use, sell or import product	The authorized activity occurs on or before December 31, 2025	Coming into force of these Regulations
		(2) Vehicles that contain a replacement part set out in subitem (1)	Use or sell product
		(3) Expanded and extruded polystyrene foams, and their intermediary products intended for a building or construction application	Use or sell product	The product was manufactured in Canada or imported before January 1, 2017
		(4) Any product other than a product set out in subitems (1) to (3)	Use or sell product	The product was manufactured in Canada or imported before the coming into force of these Regulations
14	Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤10	Any manufactured item other than a product set out in subitem 15(1) or (2) in column 2	Use or sell product	The product was imported before the coming into force of these Regulations
15	Decabromodiphenyl ether, which has the molecular formula C12Br10O	(1) The following replacement parts for vehicles that are no longer mass-produced as of the day on which these Regulations come into force: (a) powertrain applications and under-hood applications such as battery mass wires, battery interconnection wires, mobile air-conditioning pipes, exhaust manifold bushings, under-hood insulation, wiring and harness under hood (such as engine wiring), speed sensors, hoses, fan modules and knock sensors; (b) fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; (c) pyrotechnical devices and applications affected by pyrotechnical devices, such as front and side air bags, their ignition cables and the covers and fabrics that cover the air bags; (d) suspension applications and interior applications, such as trim components, acoustic material and seat belts; (e) instrument panels and interior trim made of reinforced plastics; (f) the following parts located under the hood or dash: (i) terminal and fuse blocks, (ii) higher amperage wires, and (iii) cable jacketing of spark plug wires; (g) the following electric and electronic equipment: (i) battery cases and trays, (ii) engine control electrical connectors, (iii) components of radio disks, (iv) navigation satellite systems, (v) global positioning systems, and (vi) computer systems; and (h) parts containing fabric, such as rear decks, upholstery, automobile seats, head rests, sun visors, headliners, trim panels and carpets	Use, sell or import product	The authorized activity occurs on or before December 31, 2036
		(2) Vehicles that contain a replacement part set out in subitem (1)	Use or sell product
		(3) Plastic shipping pallets	Import product	In the context of the authorized activity (a) the product has a label affixed in accordance with subsections 8(1) to (3) of these Regulations; (b) the product meets the conditions set out at subsection 8(4) of these Regulations
16	Benzidine and benzidine dihydrochloride, which have the molecular formulae C12H12N2 and C12H12N2·2HCl, respectively	Any product	Manufacture, use, sell or import substance or a product	The substance or product is designed for the following uses: (a) as staining for microscopic examination, such as immunoperoxidase staining, histochemical staining or cytochemical staining; (b) as a reagent for detecting blood in biological fluids; (c) in a niacin test to detect certain micro-organisms; or (d) as a reagent for detecting chloralhydrate in biological fluids
17	2-methoxyethanol, which has the molecular formula C3H8O2	(1) Diethylene glycol methyl ether, which has the molecular formula C5H12O3	Manufacture, use, sell or import product	The substance is present in the product in a concentration less than or equal to 0.5% (w/w)
		(2) Any product other than the product set out in subitem (1)	Manufacture, use, sell or import substance or a product	The substance or product is designed for the following uses: (a) as adhesives or coatings for aircraft refinishing; or (b) in the process of manufacturing semiconductors
18	Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N	Any manufactured item	Use or sell product	The product was manufactured in Canada or imported before May 29, 2008
19	Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom	(1) Aqueous film forming foams	Use product for the following: (a) the testing of installed, fixed or mobile fire-fighting systems for the suppression of liquid fuel vapour and liquid fuel fires; and (b) the emergency suppression of liquid fuel vapour and liquid fuel fires using installed, fixed or mobile fire-fighting systems	In the context of the authorized activity (a) all releases made in the context of the activity set out in paragraph (a) are contained and disposed of in an environmentally sound manner; and (b) the activity occurs on or before December 31, 2025
		(2) Water-based inks and photo media coatings	Use or sell product	The product was manufactured in Canada or imported before January 1, 2017
		(3) Any manufactured item	Use or sell product	The product was manufactured in Canada or imported before the coming into force of these Regulations
20	Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20 and their salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom	(1) Aqueous film forming foams	Use product for the following: (a) testing of installed, fixed or mobile fire-fighting systems for the suppression of liquid fuel vapour and liquid fuel fires; and (b) emergency suppression of liquid fuel vapour and liquid fuel fires using installed, fixed or mobile fire-fighting systems	In the context of the authorized activity (a) all releases made in the context of the activity set out in paragraph (a) are contained and disposed of in an environmentally sound manner; and (b) the activity occurs on or before December 31, 2025
		(2) Water-based inks and photo media coatings	Use or sell product	The product was manufactured in Canada or imported before January 1, 2017
		(3) Any manufactured item that is not a product set out in subitems 21 (1) or (2) of column 2	Use or sell product	The product was manufactured in Canada or imported before the coming into force of these Regulations
21	Perfluorodecanoic acid, which has the molecular formula C9F19CO2H	(1) Micro-electromechanical system-based semiconductors designed for (a) non-vehicle manufactured items; (b) replacement parts for non-vehicle manufactured items; (c) vehicle manufactured items; and (d) replacement parts for vehicle manufactured items	Use, sell or import product	In the context of the authorized activity (a) the substance is present in a product in a concentration that is less than or equal to 0.1% (w/w); (b) the activity ceased (i) in the case of a product set out in paragraph (a) or (c), on or before December 31, 2025, (ii) in the case of a product set out in paragraph (b), on or before December 31, 2030, and (iii) in the case of a product set out in paragraph (d), on or before December 31, 2040
		(2) Manufactured items containing a semiconductor referred to in subitem (1)	Use or sell product
22	Pentachlorobenzene, which has the molecular formula C6HCl5		Use the substance	The substance is used with chlorobiphenyls that are contained in equipment or liquids to service equipment for which the use of those chlorobiphenyls is permitted under the PCB Regulations
23	Tetrachlorobenzenes, which have the molecular formula C6H2Cl4		Use the substance	The substance is used with chlorobiphenyls that are contained in equipment or liquids to service equipment for which the use of those chlorobiphenyls is permitted under the PCB Regulations
24	Tributyltins, which contain the grouping (C4H9)3Sn	(1) Tetrabutyltins, which have the molecular formula (C4H9)4Sn	Manufacture, use, sell or import product	The substance is present in a concentration less than or equal to 30% (w/w)
		(2) Any product other than tetrabutyltin	Use or sell product	The product was manufactured in Canada or imported before March 14, 2013
25	1,4:7,10-Dimethanodibenzo[a,e]cyclooctene, 1,2,3,4,7,8,9,10,13,13,14,14dodecachloro-1,4,4a,5,6,6a,7,10,10a,11,12,12a-dodecahydro-, which has the molecular formula C18H12Cl12	(1) The following electrical and electronic equipment parts: (a) electrical wires and cables, wire harnesses and connectors; (b) tapes, films, adhesives and resins; (c) power supplies, inductors, transformers, transceivers and adapters; (d) gaskets, single or double-wall heat shrinking tubing and cable jackets; (e) printed circuit boards, control boards, address computation unit boards and human-machine interface boards; (f) motors and pumps; (g) control panels; (h) LED lights; and (i) housings and enclosures	Manufacture, use, sell or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II	Coming into force of these Regulations
		(2) Electrical and electronic equipment that contain a part listed in subitem (1)	Manufacture or import product	The authorized activity occurs no later than five years after the day on which these Regulation are published in the Canada Gazette, Part II
		(3) Replacement parts for the parts listed in subitem (1)	Use, sell or import product	The authorized activity is carried out to service electrical and electronic equipment and occurs no later than 20 years after the day on which these Regulations are published in theCanada Gazette, Part II
		(4) Electrical and electronic equipment that contain a part listed in subitem (1) or a replacement part listed in subitem (3)	Use or sell product
		(5) Aircraft engine fan case rub strip products	Use, sell or import product	The authorized activity occurs no later than December 31, 2030
		(6) Aircraft containing the products set out in subitem (5)	Use or sell product
		(7) Void–filling and edge– sealing products	Use, sell or import product	The activity is carried out to service aircraft engine case rub strip products and occurs no later than December 31, 2030
		(8) The following vehicle parts: (a) powertrain applications and under-hood applications, such as wire assemblies, wire harnesses, headlamps and engine assemblies; and (b) suspension applications and interior applications, such as column, unit and joint assemblies	Manufacture, use, sell or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II
		(9) Vehicles that contain a part listed in subitem (8)	Manufacture or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II
		(10) Replacement parts for the parts listed in subitem (8)	Use, sell or import product	The authorized activity is carried out to service vehicles and occurs no later than 20 years after the day on which these Regulations are published in the Canada Gazette, Part II
		(11) Vehicles that contain a part listed in subitem (8) or replacement part listed in subitem (10)	Use or sell product
		(12) Any product other than those referred to in subitems (1) to (11)	Use or sell product	The product was manufactured in Canada or imported before the coming into force of these Regulations
26	Benzene, 1,1’-(1,2-ethanediyl) bis [2,3,4,5,6- pentabromo-, which has the molecular formula C14H4Br10	(1) Pellets or flakes of polymeric thermoplastic or thermosetting material into which the substance has been compounded	Use, sell or import product	The authorized activity is carried out for the manufacture of wire and cable jackets for outer coverings, wire and cable insulation for electrical conductor insulation and heat shrink products for heat induced shape recovery and occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II	Coming into force of these Regulations
		(2) The following electrical and electronic equipment parts: (a) electrical wires and cables, wire harnesses and connectors; (b) tapes, films, adhesives and resins; (c) power supplies, inductors, transformers, transceivers and adapters; (d) gaskets, single or double-wall heat shrinking tubing and cable jackets; (e) printed circuit boards, control boards, address computation unit boards and human-machine interface boards; (f) motors and pumps; (g) control panels; (h) LED lights; and (i) housings and enclosures	Manufacture, use, sell or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II
		(3) Electrical and electronic equipment that contain a part listed in subitem (2)	Manufacture or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II
		(4) Replacement parts for the parts listed in subitem (2)	Use, sell or import product	The authorized activity is carried out to service electrical and electronic equipment and occurs no later than 20 years after the day on which these Regulations are published in the Canada Gazette, Part II
		(5) Electrical and electronic equipment that contains a part listed in subitem (2) or a replacement part listed in subitem (4)	Use or sell product
		(6) The following vehicle parts: (a) powertrain applications and under-hood applications, such as engines, wire assemblies, wire harnesses, engine wiring, electric power steering for gear wire assembly, throttle wiring, batteries, sensors, sensor wires, lamp assemblies, air conditioning assembly, hood lock control cable assembly, urea tank assembly, block heater, adhesives, insulation tape, wheel speed sensor assembly, wheel assembly, brakes, calipers, shifter assemblies, cable sub-assembly spiral with sensor, hoses, tubes and hose assembly (b) fuel system applications such as fuel pumps, fuel hoses, fuel tanks assemblies and diesel throttle jumpers; (c) pyrotechnical devices and applications affected by pyrotechnical devices, such as air bags; (d) suspension applications and interior applications such as steering wheels and steering wheel heater assemblies; (e) reinforced plastic parts such as mirrors, mirror assemblies, door latches, doors, lift gates, trim panel assemblies, instrument panels, instrument display panels and bumpers; (f) electrical and electronic equipment such as lamps, lamp assemblies, radio display receiver, windshield assembly wire, instrument panel wire, key antenna assembly, keypads, microphones, speakers, parking assist computer coil, shrink tubing, power outlet socket assemblies, wiring, external cable assemblies and connector assemblies; and (g) parts containing fabric, such as automobile seats, headrests, sun visors, seat belts, seat belt switch assemblies, armrests and headliners	Manufacture, use, sell or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II
		(7) Vehicles that contain a part listed in subitem (6)	Manufacture or import product	The authorized activity occurs no later than five years after the day on which these Regulations are published in the Canada Gazette, Part II
		(8) Replacement parts for the parts listed in subitem (6)	Use, sell or import product	The authorized activity is carried out to service vehicles and occurs no later than 20 years after the day on which these Regulations are published in the Canada Gazette, Part II
		(9) Vehicles that contains a part listed in subitem (6) or a replacement part listed in subitem (8)	Use or sell product
		(10) Any product other than those referred to in subitems (1) to (9)	Use or sell product	The product was manufactured in Canada or imported before the coming into force of these Regulations

SCHEDULE 2

(Subsection 4(2))

Required Information Related to the Use of Certain Toxic Substances in a Laboratory for Analysis, in Scientific Research or as a Laboratory Analytical Standard

1 The following information respecting the laboratory where a toxic substance or a product containing it is used or is to be used:

• (a) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory; and
• (b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the laboratory’s behalf.

2 The following information respecting each toxic substance set out in column 1 of Schedule 1 and each product containing that substance that is used or is to be used:

• (a) the name of the toxic substance and the name of the product, if applicable;
• (b) the anticipated period of its use;
• (c) the estimated quantity of the toxic substance to be used in a calendar year and its unit of measurement;
• (d) the identification of each proposed use and each actual use, as the case may be; and
• (e) in the case of a product,
  • (i) the estimated quantity of the product to be used in a calendar year and its unit of measurement, and
  • (ii) the estimated concentration of the toxic substance in that product and its unit of measurement.

SCHEDULE 3

(Subsection 6(2))

Incidental Presence

Item	Column 1 Toxic Substance	Column 2 Total Concentration
1	Hexabromocyclododecane, which has the molecular formula C12H18Br6	100 ppm
2	Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤10	500 ppm for all congeners in a manufactured item or in a product that is not a commercial grade substance, commercial grade mixture, polymer or resin and 10 ppm for each congener in a product that is a commercial grade substance, commercial grade mixture, polymer or resin
3	Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N	1 ppm
4	Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom	1 ppm
5	Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20 and their salts, and compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom	1 ppm

SCHEDULE 4

(Subsections 11(3) and 12(6))

Information Required in an Application for a Permit or an Application for Renewal of a Permit

1 The following information respecting the applicant:

• (a) the name, civic and postal addresses in Canada, telephone number and, if any, email address and fax number of the applicant; and
• (b) the name, title, civic and postal addresses in Canada, telephone number and, if any, email address and fax number of any person authorized to act on the applicant’s behalf.

2 In the case of a toxic substance referred to in section 6 of these Regulations or a product containing the substance, the following information:

• (a) the name of the toxic substance and the name of the product, if applicable;
• (b) the quantity of the toxic substance manufactured or imported by the applicant during a 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement;
• (c) the estimated quantity of the toxic substance to be manufactured or imported by the applicant during the period to which the permit will apply, and its unit of measurement;
• (d) in the case of a product,
  • (i) the quantity of the product manufactured or imported by the applicant during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement,
  • (ii) the estimated quantity of the product to be manufactured or imported by the applicant during the period to which the permit will apply, and its unit of measurement, and
  • (iii) the estimated concentration of the toxic substance in that product and its unit of measurement; and
• (e) the identification of each proposed use, if known.

3 Information that demonstrates that there was no technically or economically feasible alternative or substitute for the toxic substance available to the applicant at the time of the application, other than a substance regulated under these Regulations.

4 A description of the measures that have been taken to minimize or eliminate any harmful effect of the toxic substance on the environment and human health.

5 A description of the plan prepared respecting the toxic substance identifying the measures that will be taken by the applicant to comply with these Regulations and the period within which the plan is to be implemented, which must not exceed three years.