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The Canadian Government approved the Prohibition of Certain Toxic Substances Regulations, 2025.
The 2025 Regulations will position Canada to ratify and implement the amended listing of PFOS in the Stockholm Convention on Persistent Organic Pollutants (POPs).
The 2025 Regulations also introduce restrictions on the manufacture, use, sale and import of DP, DBDPE and products containing these substances. The Regulations also further restrict the manufacture, use, sale and import of PFOS, PFOA, LC-PFCAs, HBCD and PBDEs, and products containing these substances, which were already prohibited in 2012 Regulations.
A person must not manufacture, use, sell or import a prohibited toxic substance, unless the toxic substance is incidentally present in that product in Schedule 1.
A person may conduct an activity or the corresponding product containing certain toxic substance in Schedule 1 if the corresponding conditions are met.
A manufacturer or importer of a prohibited toxic substance or a product containing that substance may continue to manufacture or import the substance or product if they submit an application for a permit.
The analysis performed to determine the concentration of a toxic substance must be performed by an accredited laboratory.
Every person that submits information must keep records containing that information, including test data if applicable, and a copy of any supporting documents. The records must be kept for a period of five years.
The Regulations shall enter into force on 30 June 2026 and will replace the Prohibition of Certain Toxic Substances Regulations, 2012.
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