Canada Released the Proposed Prohibition of Certain Toxic Substances Regulations 2022

May 14, 2022, the proposed Prohibition of Certain Toxic Substances Regulations 2022 were published in Canada Gazette followed by a 75-day public consultation period. The comments can be made before July 28, 2022. These proposed regulations would repeal and replace the Prohibition of Certain Toxic Substances Regulations 2012 on the day the final regulations come into force.

As a tool for risk management of substances, the Prohibition of Certain Toxic Substance Regulations 2012 prohibit the manufacture, use, sales, offer for sale and import of 26 toxic substances, as well as products containing them, with a limited number of exemptions, aiming to prevent potential risks from causing damage to the environment of Canada and the health of its citizens.

The proposed Prohibition of Certain Toxic Substances Regulations 2022 put new prohibitions on the manufacture, use, sales and import of DP and DBDPE, as well as products containing these substances. In addition, it further restricts the manufacture, use, sale and import of PFOS, PFOA, LC-PFCAs, HBCDD and PBDEs, as well as products containing these substances, by cancelling certain exemptions or restricting activities permitted under existing regulations.

Toxic substances and their total concentration in the proposed Regulations are illustrated in the following table:

Item	Toxic Substances	Total Concentration
1	Hexabromocyclododecane (HBCDD)	100 ppm
2	Polybrominated diphenyl ethers (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; 10 ppm for each congener in a product that is a commercial grade substance, commercial grade mixture, polymer or resin
3	Perfluorooctane sulfonate (PFOS)	1 ppm
4	Perfluorooctanoic acid (PFOA)	1 ppm
5	Perfluorocarboxylic acids (LC-PFCAs)	1 ppm

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