The new rules, made under the Canadian Environmental Protection Act, 1999 (CEPA), repeal and replace the 2012 regulations and introduce tighter controls on persistent organic pollutants already subject to partial bans. Crucially, they also add new restrictions on Dechlorane Plus and decabromodiphenyl ethane, two flame retardants widely used as substitutes for older brominated chemicals.
Scope of the Prohibition of Certain Toxic Substances Regulations, 2025
The Prohibition of Certain Toxic Substances Regulations, 2025 apply to substances listed in Schedule 1 of CEPA and to products that contain them. In most cases, the manufacture, use, sale, and import of these substances are prohibited unless a specific exemption or authorised activity applies.
The framework also includes defined carve-outs. Products merely transiting through Canada, laboratory uses below specified thresholds, and certain waste streams are excluded, narrowing the scope to activities most relevant to commercial supply chains.
The regulations target substances known for persistence, bioaccumulation, and long-range environmental transport, including PFOS, PFOA, long-chain perfluorocarboxylic acids, hexabromocyclododecane, and polybrominated diphenyl ethers. These chemicals have been linked to ecosystem damage and long-term risks to wildlife and human health.
Implications for manufacturing and downstream users
For manufacturers, importers, and distributors, the updated framework significantly narrows the range of permitted uses. While time-limited exemptions are provided for critical sectors such as aerospace, defence, nuclear power generation, and certain vehicle applications, these are clearly sunsetted. In many cases, replacement parts are allowed only until the end of a product’s service life or a fixed calendar date.
Permits may be granted for continued manufacture or import where no technically or economically feasible alternative exists, but these are limited to one year and can be renewed only twice. Applicants must demonstrate risk mitigation measures and submit a clear phase-out plan.
Alignment with international chemicals policy
The updated regulations are designed to align Canada more closely with the Stockholm Convention on Persistent Organic Pollutants. By tightening domestic controls, Canada positions itself to ratify recent amendments covering several of the newly restricted substances. This has direct relevance for multinational companies seeking regulatory consistency across markets.
What stakeholders should do next
Companies across the chemicals value chain should urgently review product portfolios, supplier specifications, and compliance documentation against the Prohibition of Certain Toxic Substances Regulations, 2025.
Practical next steps include:
- Mapping substances and articles in-scope (including legacy replacements such as Dechlorane Plus and decabromodiphenyl ethane)
- Checking whether any exemption pathways apply and the dates attached to them
- Stress-testing substitution plans and lead times with suppliers and customers
- Preparing permit applications early where alternatives are not technically or economically feasible, including mitigation measures and phase-out plans
Summary
Canada's 2025 toxic substances regulations mark a decisive shift towards stricter chemical controls. By expanding prohibitions and limiting exemptions, the rules increase compliance obligations while signalling long-term alignment with global POPs policy.