Canada - Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270)

Vol. 1515 | 19 Jan 2026

The Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270) is Canada's updated federal rule under the Canadian Environmental Protection Act (CEPA) that replaces the 2012 regulations, set to come into force June 30, 2026, tightening controls on PFAS (PFOA, PFOS, LC-PFCAs) and HBCD/PBDEs, adding new bans on flame retardants like Dechlorane Plus (DP) and DBDPE, and generally restricting manufacture, use, sale, and import of these harmful substances, with few exemptions.

The Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270) were officially registered on December 12, 2025, and published in the Canada Gazette, Part II on December 31, 2025.

Key details regarding these regulations include:

Key Details:

• Effective Date: The regulations are scheduled to come into force on June 30, 2026.
• Purpose: The main purpose is to address toxic substances, particularly Persistent, Bioaccumulative, and Toxic (PBT) substances like PFAS (per- and polyfluoroalkyl substances).
• General Ban: With certain exceptions, the rules prohibit the manufacture, use, sale or import of listed toxic substances or products containing them.
• Listed Substances: The specific substances are listed in Schedule 1 of the regulations.
• Incidental Presence: A substance is allowed if it is only incidentally present at or below a very low concentration limit specified in schedule 3. These regulations repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012.

2012 versus 2025 Regulations:

• Enhanced Restrictions: Two additional flame retardants, Dechlorane Plus (DP) and Decabromodiphenyl ethane (DBDPE), are now prohibited, along with products containing them (subject to limited exemptions). The 2025 regulations further restrict several substances already regulated under the 2012 version, including PFOS, PFOA, LC-PFCAs, HBCD, and PBDEs, by removing or limiting previously allowed exemptions.
• Concentration Thresholds: New ‘permitted concentration thresholds’ are introduced for substances like HBCD, PBDEs, and PFOS (in firefighting foams) to define ‘trace’ presence, which is not subject to prohibition.

Exceptions and Permit System:

• Laboratory Use: The rules do not apply to substances used in labs for analysis, research, or as analytical standards. However, if the usage exceeds 10 grams of a substance per year, the Minister must be notified with specific information.
• Items in Transit: Manufactured items that are simply passing through Canada from one foreign country to another are exempt.
• Other Exemptions: The rules do not apply to substances contained in hazardous waste, registered pest control products, or as contaminants in chemical feedstock under strict conditions.
• Temporary Permits: Companies that were already manufacturing or importing a substance when the rules took effect can apply for a time-limited permit (valid up to one year and renewable twice) to continue while they transition. To get a permit, they must prove that there is no feasible alternative, have a plan to minimize harm, and provide a compliance plan to be implemented in three years.

Obligations:

• Permit Applications: Applications must contain all required information (listed in Schedule 4) and can be submitted within 30 days of the rules (or a substance addition) coming into force.
• Analysis Standards: Any testing to determine the concentration of a substance for compliance must be done by a laboratory accredited to the international standard ISO/IEC 17025 or an equivalent standard.
• Recordkeeping: Anyone who submits information to the Minister under these rules must keep detailed records for five years at their principal place of business in Canada. Electronic formats must be kept in a format that is compatible with the Minister’s systems.

Insight Author: Harini Ramaswamy, Technical Expert. 

If you have further questions, please contact our Technical Expert Andrew Loveland (andrew.loveland@intertek.com).

 

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