Proposed: Prohibition of 5 Toxic Substances Canada

Regulatory Update from Nimonik

On April 4, 2015, the Minister of the Environment and the Minister of Health (“Ministers”) proposed amendments (“the proposed amendments”) to the Prohibition of Certain Toxic Substances Regulations (SOR/2012-285) (“Regulations”).

The Regulations prohibit the manufacture, use, sale, offer for sale, or import of specified toxic substances and products that contain these substances, with some exemptions.

The proposed amendments would add the following five toxic substances to the Regulations: hexabromocyclododecane (HBCD); perfluorooctanoic acid, its salts, and its precursors (collectively referred to as PFOA); long-chain perfluorocarboxylic acids, their salts, and their precursors (collectively referred to as LC-PFCAs); polybrominated diphenyl ethers (PBDEs); and perfluorooctane sulfonate (PFOS).

The goal of the proposed amendments is to reduce or eliminate the release of these substances into the environment. All of the substances have met the criteria for a “toxic substance” under the Canadian Environmental Protection Act, 1999 (SC1999,c33), as described at s.64. The prohibition, with certain exemptions, of these five toxic substances has been developed as part of Canada’s Chemicals Management Plan.

The proposed amendments would also repeal the Polybrominated Diphenyl Ethers Regulations (SOR/2008-218) and the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (SOR/2008-178). However, the proposed amendments would maintain similar regulatory requirements for PBDEs and PFOs as found in the repealed regulations.

Finally, the proposed amendments would enable laboratories accredited under Quebec’s Environment Quality Act (RSQ,cQ-2) to determine official quantities or concentrations of substances. The proposed amendments would require laboratories to notify the Ministers when records are moved.

The proposed amendments would come into force three months after the date on which they are registered.

Interested persons may submit comments until June 18, 2015. Notices of objection may be submitted until June 3, 2015. All comments and notices must cite the Canada Gazette, Part I, and the date of publication (April 4, 2015), and be sent to Vincenza Galatone, Executive Director, Chemicals Management Division, Environment Canada, Gatineau, Quebec K1A 0H3 (tel.: 819-938-4320; fax: 819-938-4300; email: GR-RM@ec.gc.ca).

To read the proposed amendments in the Canada Gazette, please click here.

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