Canada’s Toxic Substances Regulation: Restriction to Reinforcement

By Rabia Sultan, Senior Regulatory Affairs Specialist, Supply Chain Team, UL Solutions

On Dec. 12, 2025, the Minister of the Environment published in the Canada Gazette the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270) under the Canadian Environmental Protection Act, 1999 (CEPA) which will replace the 2012 version of the regulation. The objective is to reduce the concentration of harmful substances in the Canadian environment to the greatest extent practically possible, aligning Canada with international commitments such as the Stockholm Convention on Persistent Organic Pollutants.

This regulation comes into force on June 30, 2026, and will affect the industries using these substances, except where there are sustained exemptions.

With a few time-limited exceptions to allow for industry transition, the legislation forbids the production, use, import, and sale of specific harmful substances and/or items containing them. Additionally, it tightens regulations on previously regulated substances and adds additional chemicals to the list of prohibited substances.

The significant changes from 2012 regulations are:

• Manufacture, use, sale, and import of dechlorane plus (DP) and decabromodiphenyl ethane (DBDPE) or products containing them is now prohibited (not regulated under the 2012 regulations). There are time-limited exemptions for DP and DBDPE in sectors like aerospace, automotive, and electronics. Notably, among other authorized activities, certain actions using DBDPE in thermoplastic or thermosetting material for heat shrink or wire and cable products, rubber materials for rubber products, pellets or flakes of high-density polyethylene, and the manufacture or import of manufactured items containing it are permitted until Jan. 1, 2041.
• There are stricter conditions of authorized activities for perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), long-chain perfluorocarboxylic acids (LC-PFCAs), including their salts and precursors, hexabromocyclododecane (HBCD), and polybrominated diphenyl ethers (PBDEs). The items containing PBDEs will no longer be permitted unless they fall under a limited, time bound set of new exceptions (e.g., certain legacy land based vehicle replacement parts until 2036, certain nuclear related electrical/electronic equipment until 2031, and items already in use or inventory before June 29, 2026).
• The PFOS in AFFF are exempted but ≤10 ppm limit is replaced with ≤10 mg/kg which is equal to 0.001% by weight. PFOS in AFFF is not labeled “incidental presence” but allowable limits.
• The incidental presence thresholds are introduced for certain substances like HBCD, PBDEs
• The permit system has changed, and importers and manufacturers can apply for a total maximum of up to three-year authorization (permits to be issued for one year and renewed twice) if specific requirements are met.
• The regulation is simplified by consolidating the exemptions into one schedule, removing the redundant terms, exemptions for transit through Canada of manufactured items containing prohibited substances, and updated record keeping (electronic compatibility and retention within Canada).

The industries affected by the regulation should assess compliance requirements, identify products or processes impacted by new prohibitions, prepare transition plan and apply for permits.

References

Prohibition of Certain Toxic Substances Regulations, 2025: SOR/2025-270

Canada Gazette, Part 2, Volume 159, Number 27: Prohibition of Certain Toxic Substances Regulations, 2025

Canada Gazette Part 2, Volume 159, Number 27, Ottawa, Wednesday, December 31, 2025