G/TBT/N/CAN/673  
18 May 2022  
(22-3835) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English /French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  CANADA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Department of the Environment and Department of Health  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from abov e:  
Canada's Notification Authority and Enquiry Point  
Technical Barriers and Regulations Division  
Global Affairs Canada  
111 Sussex Drive  
Ottawa, Ontario, K1A 0G2  
Canada  
Telephone: 343 -203-4273 
Fax: 613 -943-0346 
E-mail: enquirypoint@international.gc.ca  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Environmental protection (ICS Code: 13.020)  
5. Title, number of pages and language(s) of the notified document:  Proposed 
Prohibition of Certain Toxic Substances Regulations, 2022; (66 page(s), in English and 
French)  
6. Description of content:  The proposed Prohibition of Certain Toxic Substances 
Regulations, 2022 (the proposed Regulations) aim to reduce the risk of toxic sub stances 
entering the Canadian environment contributing to the protection of Canada's 
environment and wildlife.  
The proposed Regulations would repeal and replace the Prohibition of Certain Toxic 
Substances Regulations, 2012  (the current Regulations), which  prohibit the manufacture, 
use, sale, offer for sale and import of certain toxic substances and products containing 
them, with a limited number of exemptions.  
The proposed Regulations would further restrict the manufacture, use, sale and import of 
the foll owing five substances, which are regulated under the current Regulations, by 
removing exemptions, by making most remaining exemptions time -limited or by imposing 
other conditions:  
1) Perfluorooctane sulfonate (PFOS), its salts and its precursors;  G/TBT/N/CAN/673  
 
- 2 - 
 
  2) Perflu orooctanoic acid, its salts, and its precursors (PFOA);  
3) Long -chain perfluorocarboxylic acids, their salts, and their precursors (LC -PFCAs);  
4) Hexabromocyclododecane (HBCD); and  
5) Polybrominated diphenyl ethers (PBDEs).  
The proposed Regulations would a lso include concentration limits for these five 
substances at or below which their presence would be considered incidental.  
The proposed Regulations would also introduce restrictions on the manufacture, use, sale 
and import of:  
6) Dechlorane Plus (DP) and 
7) Decabromodiphenyl ethane (DBDPE).  
The final screening assessments conducted in 2019 by Environment and Climate Change 
Canada concluded that DP and DBDPE are toxic to the environment under the Canadian 
Environmental Protection Act, 1999 . Currently, there are no risk management 
instruments in place respecting preventive or control actions for DP in Canada, while there 
are only limited controls on DBDPE through the New Substances Notifications Regulations 
(Chemicals and Polymers) . 
Specific  exemptions, such as for parts used in the automotive, aerospace, and electrical 
and electronic sectors, are being proposed for DP and DBDPE. These exemptions take into 
account socio -economic factors, the demonstrated absence of suitable alternatives, and 
consideration of the international context and risks to the environment, and are time -
limited in most cases.  
It would be possible for manufacturers or importers of HBCD, DP or DBDPE, or products 
containing them, to apply for a permit to continue their acti vities for up to three years, 
provided certain conditions are met. The permit applicant would be required to 
demonstrate that there are no technically or economically feasible alternatives, that they 
have taken steps to minimize any harmful effects of the substance on the environment 
and human health, and that they have developed a plan to comply with the proposed 
Regulations within three years.  
The proposed Regulations would not apply to a manufactured item that is in transit 
through Canada, from a place o utside Canada transit to another place outside Canada.  
The proposed Regulations also include administrative changes to simplify the regulatory 
text and to clarify the intent of certain sections of the current Regulations.  
7. Objective and rationale, inclu ding the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
Canada Gazette , Part I, 14 May 2022, Pages 2365 -2430 https://www.gazette.gc.ca/rp -
pr/p1/2022/2022 -05-14/pdf/g1 -15620.pdf  (available in English and French)  
9. Proposed date of adoption:  2023 
Proposed date of entry into force:  These Regulations come into force six months after 
the day on which they are published in the Canada Gazette, Part II.  
10. Final date for comments:  28 July 2022; [75 days after the publication in CGI]  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
The electronic version of the proposed regulations can be found at:  
https://www.gazette.gc.ca/rp -pr/p1/2022/2022 -05-14/html/reg2 -eng.html  
https://www.gazette.gc.ca/rp -pr/p1/2022/2022 -05-14/html/reg2 -fra.html