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Canada: Proposed prohibition of certain toxic substances regulation, 2022

MAY 2022 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

The proposed Prohibition of Certain Toxic Substances Regulations, 2022 was published in the Canada Gazette1, Part l on 14 May 2022. The public is welcome to submit comments2 by 28 July 2022. The regulations aim to repeal and replace the Prohibition of Certain Toxic Substances Regulations, 20123, which help to improve environmental quality and control the release of toxic substances into the environment over time. 

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. The proposed legislation would define the concentration thresholds for these substances (See table 1). If the substance is present at or below the limit value, it is considered an incidental presence. The prohibition would not apply. 

Two flame retardants, DP and DBDPE, are the proposed new substances. The legal text would be further simplified to consolidate all substance-specific exemptions into one schedule. 

Table 1. Concentration thresholds of toxic substances which are considered as incidental presence. 

Item

Toxic Substances

Total Concentration

1

HBCD

100 ppm

2

PBDEs

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

PFOS

1 ppm

4

PFOA

1 ppm

5

LC-PFCAs

1 ppm

Note: In the proposed regulations, all these thresholds would be applicable to manufactured items (i.e. that are formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design.)

Abbreviation: 
PFOS: Perfluorooctane Sulfonate, its salts and its precursors;
PFOA: Perfluorooctanoic Acid, its salts and its precursors;
LC-PFCA: Long-chain Perfluorocarboxylic Acids, their salts and their precursors;
HBCD: Hexabromocyclododecane (HBCD);
PBDEs: Polybrominated Diphenyl Ethers (PBDEs);
DP: Dechlorane Plus
DBDPE: Decabromodiphenyl Ethane

 

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

[2]  Public Consultation

[3]  Prohibition of Certain Toxic Substances Regulations, 2012

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