Canada has initiated a consultation period for its draft legislation on certain toxic substances under the Canadian Environmental Protection Act, 1999 (CEPA). If approved, the new law will enter into force six months after publication.
On May 14, 2022, Canada Issued its proposed ‘Prohibition of Certain Toxic Substances Regulations, 2022 (the Proposed Regulation) to repeal and replace the nation’s Prohibition of Certain Toxic Substances Regulations, 2012. The Proposed Regulation contains several important provisions. It:
- Expands the scope to include Dechlorane plus (DP) and decabromodiphenyl ethane (DBDPE) and products containing these substances (entries 1 and 2, Table 1 below)
- Expands the restriction on the manufacture, use, sale and import of the following five substances and products containing these substances (entries 3 to 5, Table 1 below):
- Perfluorooctane sulfonate, its salts and precursors (PFOS)
- Perfluorooctanoic acid, its salts and precursors (PFOA)
- Long-chain perfluorocarboxylic acids, their salts and precursors (LC-PFCAs)
- Hexabromocyclododecane (HBCD), and
- Polybrominated diphenyl ethers (PBDEs)
Highlights of the Proposed Regulation are summarized in Table 1.
Proposed ‘Prohibition of Certain Toxic Substances Regulations, 2022 | ||
|---|---|---|
| Entry | Substance | Highlights of Proposal |
| 1 | Dechlorane plus (DP) |
|
| 2 | Decabromodiphenyl ethane (DBDPE) | |
| 3 | PFOS PFOA LC-PFCAs |
|
| 4 | PBDEs |
|
| 5 | HBCD |
|
| *Incidental concentration | ||
Table 1
The following legislative amendments would be made to complement the Proposed Regulation:
- Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999 (CEPA)
- Export Control List (ECL) of CEPA by including DP, DBDPE, HBCD, LC-PFCAs, PBDEs and PFOA to the ECL (PFOS is currently on the ECL)
Comments with respect to the proposed regulation will be accepted until July 28, 2022, or a notice of objection must be filed by July 13, 2022. The new law would enter into force six months after publication in the Canada Gazette, Part II.
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