On December 31, 2025, the Canada Gazette published the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270). This regulation will come into force on June 30, 2026, repealing and replacing the Prohibition of Certain Toxic Substances Regulations, 2012.
Core Content
I. Prohibition on the Manufacture, Use, Sale, and Import of DP and DBDPE, and Products Containing These Substances (with Exemptions)
DP (Decabromodiphenyl Ether)
The following authorized activities are exempted:
- Until December 31, 2030: The use, sale, and import of aircraft engine cowl friction tape products containing DP and their filler and edge-sealing materials are permitted.
- Until December 31, 2030: The manufacture or import of aircraft engines containing the aforementioned friction tape is permitted.
- Products containing DP already in use or in stock at the time the regulations come into force may continue to be used and sold.
Additionally, for EEE (Electrical and Electronic Equipment), land-based motor vehicles, defense/aerospace/space products, stationary industrial machinery, outdoor power equipment, vessels, and horticultural products, the following authorized activities are exempted:
- For 5 years after the regulations are published: The manufacture, use, sale, and import of components containing DP are permitted.
- For 5 years after the regulations are published: The manufacture and import of complete machines containing such components are permitted.
- Until the product's end-of-life or December 31, 2044 (whichever comes first): The use, sale, and import of replacement parts containing DP are permitted.
- Complete machines already containing DP may continue to be used and sold.
DBDPE (Decabromodiphenyl Ethane)
The new regulations exempt the following authorized activities:
- For 15 years after the regulations are published: The continued use of polymer thermoplastic or thermoset pellets/sheets containing DBDPE for manufacturing wires, cables, and heat-shrink products is permitted.
- For 15 years after the regulations are published: The continued use of rubber pellets/sheets/blocks containing DBDPE for manufacturing rubber products is permitted.
- For 15 years after the regulations are published: The continued use of high-density polyethylene (HDPE) pellets/sheets containing DBDPE for manufacturing HDPE products is permitted.
- For 15 years after the regulations are published: The manufacture or import of manufactured items containing DBDPE is permitted.
- For 30 years after the regulations are published: The manufacture, use, sale, and import of replacement parts containing DBDPE for specific products are permitted.
- Manufactured items already containing DBDPE may continue to be used and sold.
- Products containing DBDPE already in use or in stock at the time the regulations come into force may continue to be used and sold.
If a manufacturer/importer engages in activities involving DP or DBDPE (or products containing them) that are not exempted, they may apply for a permit, which can extend the deadline for up to 3 additional years.
II. Stricter Requirements for Substances Already Controlled under the 2012 Regulations
The new regulations further restrict the manufacture, use, sale, and import of PFOS, PFOA, LC-PFCAs, HBCD, and PBDEs, cancelling or limiting some exemptions from the 2012 regulations. They also introduce "permitted concentration thresholds" for HBCD, PBDEs, and PFOS (in AFFF), below which the presence is considered trace and not subject to the prohibition.
PFOS, PFOA, LC-PFCAs
- Cancel the exemption related to "PFOS used in photoresists/anti-reflective coatings or photographic films, papers, printing plates."
- Change the exemption for PFOS ≤10 ppm in AFFF to an equivalent exemption for "trace levels ≤10 mg/kg (0.001% w/w)".
- Cancel the exemption for the import and use of "products containing PFOA/LC-PFCAs for personal use".
- Cancel the exemption for the use/sale/import of "AFFF containing PFOA/LC-PFCAs for firefighting", but retain the following:
- Until December 31, 2028: Testing of military vessel/vehicle-mounted mobile firefighting systems and emergency firefighting.
- Until December 31, 2030: Fixed firefighting systems on military vessels/facilities.
- Until December 31, 2027: Other firefighting systems.
- Until June 30, 2028: The transfer and cost-recovery sales of AFFF between mutual aid partners within Canada for emergency use.
- Cancel the exemption for the use/sale/import of "manufactured items containing PFOA/LC-PFCAs", but retain the following:
- Manufactured items already in use or in stock when the regulations take effect may continue to be used and sold.
- Until December 31, 2026: Land-based motor vehicle components may continue to be used/sold/imported, and complete vehicles may be manufactured/imported.
- Until December 31, 2041: Replacement parts containing PFOA/LC-PFCAs for discontinued vehicle models may continue to be used/sold/imported.
- Until December 31, 2026: Non-vehicle EEE containing PFOA semiconductors (photolithography/etching processes) or components containing LC-PFCAs semiconductors may continue to be used/sold/imported, and complete equipment may be manufactured/imported.
- Replacement parts containing PFOA semiconductors can be used until December 31, 2026; replacement parts containing LC-PFCAs semiconductors can be used until December 31, 2031.
- Complete vehicles and EEE already granted exemptions may continue to be used and sold.
- Importers of manufactured items containing PFOA/LC-PFCAs that are not exempted may apply for a permit for up to 3 years.
- Cancel the exemption for the use/sale of "non-manufactured items containing PFOA/LC-PFCAs manufactured or imported before December 23, 2016".
HBCD (Hexabromocyclododecane)
The 2012 regulations only prohibited HBCD itself and EPS/XPS foam containing HBCD. The 2025 regulations extend the prohibition to all products containing HBCD, but with exemptions:
- Until December 31, 2031: Replacement parts for land-based motor vehicles containing HBCD may continue to be used/sold/imported, and complete vehicles may continue to be used/sold.
- Products containing HBCD already in use or in stock when the regulations take effect may continue to be used/sold.
- Cancel the exemption related to "HBCD manufactured or imported before January 1, 2017".
- Introduce a new HBCD "trace threshold" of 100 mg/kg (0.01% w/w) for products.
- Manufacturers/importers of complete vehicles or other products containing HBCD that are not exempted may apply for a permit for up to 3 years.
PBDEs (Polybrominated Diphenyl Ethers)
- Cancel the exemption for the manufacture/use/sale/import of "manufactured items containing PBDEs", but retain the following:
- Until December 31, 2036: Specific replacement parts for land-based motor vehicles containing decaBDE may continue to be used/sold/imported, and complete vehicles may continue to be used/sold.
- For 5 years after the regulations are published: EEE and their components/replacement parts for use in Canadian nuclear power plants may be manufactured/imported.
- Manufactured items containing PBDEs already in use or in stock when the regulations take effect may continue to be used/sold.
- Manufacturers/importers of manufactured items containing decaBDE that are not exempted may apply for a permit for up to 3 years.
- Cancel the exemption for the use/sale of "non-manufactured items containing decaBDE manufactured or imported before December 23, 2016".
- Introduce new PBDEs trace thresholds:
- Total PBDEs ≤ 1,000 mg/kg (0.1% w/w) in EEE (with some exceptions).
- Total PBDEs ≤ 500 mg/kg (0.05% w/w) in other manufactured items.
- Each homologue ≤ 10 mg/kg (0.001% w/w) in commercial-grade substances, mixtures, polymers, or resins.
