Fact Sheet - Prohibition

Fact sheet for the Regulations Amending the Prohibition of
Certain Toxic Substances Regulations, 2012
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations,
2012 (the Amendments) were published in the Canada Gazette, Part I on April 4, 2015 for
a 75-day public comment period ending on June 18. 2015. The feedback gathered during
this consultation will be taken into consideration when the final amendments are prepared.
This guide was developed to help stakeholders understand the regulatory risk management
controls proposed to manage five (5) substances which would be added to the Prohibition
of Certain Toxic Substances Regulations, 2012 (the Prohibition Regulations). The intent
is to facilitate the submission of meaningful comments by potential regulatees and
interested parties.
The Prohibition Regulations prevent potential risks of harm to the Canadian environment
and, where applicable, human health by prohibiting the manufacture, use, sale, offer
for sale or import of 22 toxic substances and products containing these substances
with a limited number of exemptions.
The Prohibition Regulations impose restrictions on activities that occur within Canada.
Therefore, when the following activities are mentioned it should be understood that:




Manufacture refers to manufacturing in Canada
Use refers to use in Canada
Sale and offer for sale refer to the sale and offer for sale in Canada, and
Import refers to import into Canada.
The Amendments propose to prohibit certain activities in respect of five (5) additional
substances, including the prohibition of certain activities in respect of products that
contain these substances:
1. Hexabromocyclododecane (HBCD)
2. Perfluorooctanoic acid, its Salts and its Precursors (collectively referred to as PFOA)
3. Long-chain perfluorocarboxylic acids, their Salts and their Precursors
(collectively referred to as LC-PFCAs)
4. Polybrominated Diphenyl Ethers (PBDEs)
5. Perfluorooctane Sulfonate (PFOS)
The requirements outlined below would come into force following the publication
of the final amendments in the Canada Gazette, Part II.
1.
Hexabromocyclododecane (HBCD)
 Primarily used as a flame retardant in insulation materials
in the construction industry.
HBCD or
Product Type
Activity
Prohibited / Allowed
HBCD
(the toxic substance)
Manufacture, use, sale,
offer for sale, import
Prohibited, except for the purpose
of manufacturing expanded and
extruded polystyrene foam which
would be allowed until
December 31, 2016
Expanded and
extruded polystyrene
foam containing HBCD
Manufacture, use, sale,
offer for sale, import
Prohibited in building or construction
applications after December 31, 2016.
HBCD and any product
containing HBCD that
was manufactured or
imported into Canada
before January 1, 2017.
Use, sale, offer for sale
Allowed
1. Perfluorooctanoic acid, its Salts and its Precursors (collectively referred to as PFOA)
2. Long-chain perfluorocarboxylic acids, their Salts and their Precursors
(collectively referred to as LC-PFCAs)
 Primarily used as water, oil and grease repellants; as surfactants; and as
spreading and wetting agents.
PFOA, LC-PFCAs or
Product Type
Activity
Prohibited / Allowed
PFOA and LC-PFCAs
and products containing
these toxic substances
(e.g.: perfluorochemicals,
intermediates, resins,
paints, coatings)
Manufacture, use,
sale, offer for
sale, import
Generally prohibited, with exemptions
as described below
Manufactured items
containing PFOA and/or LCPFCAs (e.g.: finished
textiles, non-stick cookware)
Manufacture,
use, sale, offer
for sale, import
Allowed (for more information refer to
the definition of “manufactured item”
below)
Water-based inks
containing PFOA and LCPFCAs and photo media
coatings containing PFOA
and LC-PFCAs
Import
Allowed until December 31, 2016,
after which import may only continue
if a permit has been granted. The
1-year permit can be renewed twice
ending no later than December 31, 2019
Use, sale, offer
for sale
After December 31, 2016 a person
can only use, sell or offer for sale
these products if they were
manufactured or imported before
January 1, 2017, or if they were
imported under a valid permit
Aqueous film-forming foam
containing PFOA and LCPFCAs used in fire protection
applications
Manufacture
Prohibited
Use, sale, offer
for sale, import
Allowed
Products containing PFOA
and/or LC-PFCAs that are
intended for a personal use
Use, import
Allowed
Any product containing
PFOA and/or LC-PFCAs
that was manufactured
or imported before the
coming into force of
the regulations
Use, sale, offer
for sale
Allowed
3. Polybrominated Diphenyl Ethers (PBDEs)
 Primarily used as a flame retardant in manufactured items such as electrical and
electronic goods, transportation, textiles and construction materials. PBDEs are
currently managed under the Polybrominated Diphenyl Ethers Regulations1.
 Upon publication of the final regulations in the Canada Gazette, Part II the existing
Polybrominated Diphenyl Ethers Regulations would be repealed.
PBDEs or
Product Type
Activity
Prohibited / Allowed
PBDEs (tetraBDE,
pentaBDE, hexaBDE,
heptaBDE, octaBDE,
nonaBDE and
decaBDE congeners)
Manufacture, use, sale,
offer for sale, import
Prohibited
Products containing
PBDEs (i.e.: mixtures,
resins and polymers)
Manufacture, use, sale,
offer for sale, import
Prohibited, with exemptions as
described below
Manufactured items
containing PBDEs
(e.g.: electronics,
textiles, construction
materials)
Manufacture, use, sale,
offer for sale, import
Allowed
1
Polybrominated Diphenyl Ethers Regulations are available at http://ec.gc.ca/lcpecepa/eng/regulations/detailReg.cfm?intReg=108
4. Perfluorooctane Sulfonate (PFOS)
 Primarily used as a surfactant in fume suppressants and aqueous film-forming
foam. PFOS is currently managed under the Perfluorooctane Sulfonate and its
Salts and Certain Other Compounds Regulations2.
 Upon publication of the final regulations in the Canada Gazette, Part II, the existing
Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations
would be repealed.
PFOS or
Product Type
Activity
Prohibited /
Allowed
PFOS (the toxic substance)
Manufacture, use, sale,
offer for sale, import
Prohibited
Products containing PFOS
Manufacture, use, sale,
offer for sale, import
Generally prohibited,
with exemptions as
described below
Photoresists containing PFOS
Manufacture, use, sale,
offer for sale, import
Allowed
Anti-reflective coatings for
photolithography processes
containing PFOS
Manufacture, use, sale,
offer for sale, import
Allowed
Photographic films, papers, and
printing plates containing PFOS
Manufacture, use, sale,
offer for sale, import
Allowed
Aqueous film-forming foams
containing 10ppm or less PFOS
Manufacture, use, sale,
offer for sale, import
Allowed
Aqueous film-forming foam
containing PFOS that is present
in a military vessel or military
fire-fighting vehicle contaminated
during a foreign military operation
Use, import
Allowed
Manufactured items containing
PFOS that were manufactured
or imported before May 29, 2008
Use, sale, offer for sale
Allowed
2
Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations are available
at http://ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=107
Definition
Manufactured item:
For the purposes of the Prohibition Regulations, a product that was 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. This does not include
intermediary articles, such as resin pellets. Examples of manufactured items include semiconductors and frying pans, but would exclude products such as fire-fighting foams, inks,
paints, or coatings.
Useful Links






Text of the Prohibition of Certain Toxic Substances Regulations, 2012:
www.ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=207
HBCD: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=58F1CC80-1
PFOA: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=en&n=F68CBFF1-1
LC-PFCAs: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=F68CBFF1-1
PBDEs: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=5046470B-1
PFOS: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=ECD5A576-1
Disclaimer
To assist with the gathering of comments on this proposal, this guidance is prepared for information purposes only and
may not include all legal requirements. If there is any inconsistency or conflict between the information contained in this
document and the Canadian Environmental Protection Act, 1999 and/or the Prohibition of Certain Toxic Substances
Regulations, 2012, the official versions of the Act and Regulations take precedence. The official version of the Act can
be found at: www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=26A03BFA-1. The official version of the Regulation can
be found at: www.ec.gc.ca/lcpe-cepa/eng/regulations/detailreg.cfm?intReg=207.
For more information on the Prohibition Regulations, please contact:
Environment Canada
Chemical Management Division
351 St. Joseph Boulevard, 10th Floor
Gatineau QC K1A 0H3
Email: [email protected]
© Her Majesty the Queen in Right of Canada, represented by the Minister of the Environment, 2014
Aussi disponible en français