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Prohibition of Certain Toxic Substances Regulations, 2012 (SOR/2012-285)

Regulations are current to 2020-11-02 and last amended on 2017-11-24. Previous Versions

Prohibition of Certain Toxic Substances Regulations, 2012

SOR/2012-285

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2012-12-14

Prohibition of Certain Toxic Substances Regulations, 2012

P.C. 2012-1714 2012-12-13

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on July 23, 2011, a copy of the proposed Prohibition of Certain Toxic Substances Regulations, 2012, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Prohibition of Certain Toxic Substances Regulations, 2012.

Application

Marginal note:Application

 Subject to sections 2 and 3, these Regulations apply to toxic substances that are both specified in the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and set out in either Schedule 1 or 2 to these Regulations.

Marginal note:Non-application — substance

 These Regulations do not apply to any toxic substance that

  • (a) is contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies;

  • (b) is contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; or

  • (c) is present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in either Schedule 1 or 2.

Marginal note:Non-application — use

  •  (1) These Regulations, except for subsections (2) and (3), do not apply to any toxic substance or to any product containing it that is to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.

  • Marginal note:Information to Minister — more than 10 g

    (2) Every person must submit to the Minister in any calendar year the information set out in Schedule 3 for each toxic substance or a product containing it that they intend to use for a purpose referred to in subsection (1) as soon as feasible before the use of more than 10 g of the substance, by itself or in a product, in that calendar year. The information must be submitted only once in a calendar year in respect of each substance or product.

  • Marginal note:Added substance — Schedule 2.1

    (3) Any person that is using a toxic substance set out in column 1 of Schedule 2.1 or a product containing it on the date set out in column 2 in respect of that substance, for a purpose referred to in subsection (1), must, if the quantity of the toxic substance used, by itself or in a product, exceeded 10 g in the calendar year in which that day occurs, submit to the Minister, within 60 days after that day, the information referred to in Schedule 3. The information must be submitted only once in a calendar year in respect of each substance or product.

  • SOR/2016-252, s. 1

Prohibitions and Permitted Activities

Marginal note:Toxic substance — Schedule 1

  •  (1) Subject to sections 5 and 9, a person must not manufacture, use, sell, offer for sale or import a toxic substance set out in Schedule 1 or a product containing it unless the toxic substance is incidentally present.

  • Marginal note:Non application

    (2) Subsection (1) does not apply to a product that is a manufactured item that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design, if a toxic substance set out in Part 2 of Schedule 1 is present in that product.

  • Marginal note:Non-application — certain products

    (3) Subsection (1) does not apply to products other than those set out in column 2 of Part 3 of Schedule 1 that contain the toxic substance set out in column 1 of that Part.

  • SOR/2016-252, s. 2

Marginal note:Exception — inventory of substance

  •  (1) A person may use, sell or offer for sale a toxic substance set out in item 13 of Part 1 of Schedule 1 that was manufactured or imported before January 1, 2017.

  • Marginal note:Exception — inventory of products

    (2) A person may use, sell, or offer for sale any product set out in column 2 of Part 3 of Schedule 1 that contains a toxic substance set out in item 13 of Part 1 of Schedule 1 if the product was manufactured or imported before January 1, 2017.

  • SOR/2016-252, s. 3

Marginal note:Exception — manufactured or imported before March 14, 2013

  •  (1) A person may use, sell or offer for sale a product containing a toxic substance set out in item 11 or 12 of Part 1 of Schedule 1 if the product was manufactured or imported before March 14, 2013.

  • Marginal note:Exception — manufactured or imported before coming into force of subsection

    (2) A person may use, sell or offer for sale a product containing the toxic substance set out in item 5 of Part 2 of Schedule 1, with the molecular formula C12H(10-n)BrnO in which n=10, if the product was manufactured or imported before the day on which this subsection comes into force.

  • SOR/2016-252, s. 4

Marginal note:Toxic substance — Schedule 2

  •  (1) Subject to subsections (2) to (2.5) and sections 7 and 9, a person must not manufacture, use, sell, offer for sale or import a toxic substance set out in column 1 of Part 1, 1.1, 1.2, 2, 3 or 3.1 of Schedule 2 or a product containing it unless the toxic substance is incidentally present.

  • Marginal note:Permitted activities — Schedule 2

    (2) The prohibition to manufacture, use, sell, offer for sale or import a toxic substance set out in column 1 of Part 1, 2 or 3 of Schedule 2 or a product containing it does not apply if

    • (a) the toxic substance set out in column 1 of Part 1 of Schedule 2 or the product containing it is designed for a use set out in column 2 in respect of that substance;

    • (b) the toxic substance set out in column 1 of Part 2 of Schedule 2 or a product containing it is designed for a use set out in column 2 and that activity occurs before the date set out in column 3; or

    • (c) a product set out in column 2 of Part 3 of Schedule 2 contains the toxic substance set out in column 1 in a concentration less than or equal to that set out in column 3, including any incidental presence of the substance.

  • Marginal note:Permitted use and import — Part 1.1 of Schedule 2

    (2.1) The prohibition to use or import a product containing a toxic substance set out in column 1 of item 1 of Part 1.1 of Schedule 2 does not apply to a product set out in column 2 of that item that contains that substance.

  • Marginal note:Permitted activities — Part 1.1 of Schedule 2

    (2.2) The prohibition to use, sell, offer for sale or import a product containing a toxic substance set out in column 1 of any of items 2 to 5 of Part 1.1 of Schedule 2 does not apply to a product set out in column 2 of those items that contains that substance.

  • Marginal note:Permitted use — Part 1.2 of Schedule 2

    (2.3) The prohibition to use a product containing a toxic substance set out in column 1 of Part 1.2 of Schedule 2 does not apply to a product set out in column 2 that contains that substance.

  • Marginal note:Non-application — manufactured items

    (2.4) The prohibition to use, sell, offer for sale or import a product containing a toxic substance set out in column 1 of any of items 2 to 5 of Part 2 of Schedule 2 does not apply to a product that is a manufactured item that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design.

  • Marginal note:Permitted use — Part 3.1 of Schedule 2

    (2.5) The prohibition to use a product containing a toxic substance set out in column 1 of Part 3.1 of Schedule 2 does not apply to a product set out in column 2 that contains the substance in a concentration less than or equal to that set out in column 3, including any incidental presence of the substance.

  • Marginal note:Exception — incidental presence

    (3) For greater certainty, the exception of the incidental presence referred to in subsection (1) does not apply in the case of a product described in paragraph (2)(c).

  • Marginal note:Exception — personal use

    (4) Subsection (1) does not apply to the use or import of a product containing a toxic substance set out in column 1 of Part 2 of Schedule 2 if the product is used or intended to be used for a personal use.

  • (5) [Repealed, SOR/2016-252, s. 5]

  • SOR/2016-252, s. 5

Marginal note:Exception — temporary permitted uses

  •  (1) A person may use, sell, or offer for sale a product set out in column 2 of Part 2 of Schedule 2 containing a toxic substance set out in column 1 of Part 2 of Schedule 2 if the product is manufactured or imported before the expiry date set out in column 3 of Schedule 2.

  • Marginal note:Exception — products

    (2) A person may use, sell or offer for sale a product

    • (a) containing a toxic substance that is set out in any of items 2 to 5 of Part 2 of Schedule 2, if the product was manufactured or imported before the coming into force of this subsection; or

    • (b) containing a toxic substance that is set out in item 2 of Part 3 of Schedule 2, if the product was manufactured or imported before March 14, 2013.

  • Marginal note:Exception — manufactured items

    (3) A person may use, sell or offer for sale a product that was manufactured or imported before May 29, 2008 and that contains the toxic substance set out in item 1 of Part 3.1 of Schedule 2 if the product is a manufactured item that was formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design.

  • SOR/2016-252, s. 6

Marginal note:Exception — manufacture or import under permit

 A person may use, sell or offer for sale a toxic substance or a product containing it, if the substance or the product is manufactured or imported in accordance with a permit that is issued under section 10.

Permits

Application

Marginal note:Requirement for permit

  •  (1) Any person that, on March 14, 2013, is a manufacturer or importer of a toxic substance or a product containing it that is prohibited under section 4 or 6 may continue to manufacture or import the substance or product if they have been issued a permit under section 10.

  • Marginal note:Addition of substance

    (2) Subject to subsection (3), in the case of a toxic substance that, after March 14, 2013, is either added to Schedule 1 and prohibited under section 4 — other than the toxic substance set out in item 13 of Part 1 of Schedule 1 — or added to Schedule 2 and prohibited under section 6, any person that is a manufacturer or importer of the toxic substance or a product containing it on the date set out in column 2 of Schedule 2.1 in respect of that substance may continue to manufacture or import the substance or a product containing it if they have been issued a permit under section 10.

  • Marginal note:Temporary permitted uses

    (3) Any person that, under paragraph 6(2)(b), manufactures or imports a toxic substance that is set out in Part 2 of Schedule 2 or a product containing it on the date set out in column 3 in respect of that substance may continue that activity if they have been issued a permit under section 10.

  • Marginal note:Required information

    (4) An application for a permit must be submitted to the Minister and contain the information referred to in Schedule 4.

  • SOR/2016-252, s. 7
  • SOR/2017-247, s. 1

Conditions of Issuance

Marginal note:Issuance

  •  (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

    • (a) there is no technically or economically feasible alternative or substitute available to the applicant at the time of the application, other than a substance regulated under these Regulations, for the toxic substance;

    • (b) the applicant has taken the necessary measures to minimize or eliminate any harmful effect of the toxic substance on the environment and human health; and

    • (c) a plan has been prepared respecting the toxic substance identifying the measures that will be taken by the applicant to comply with these Regulations, and the period within which the plan is to be implemented does not exceed three years after the day on which a permit is first issued to the applicant.

  • Marginal note:Grounds for refusing permit

    (2) The Minister must refuse to issue a permit if

    • (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or

    • (b) information required under subsection 9(4) has not been provided or is insufficient to enable the Minister to process the application.

  • Marginal note:Expiry and permit renewal

    (3) A permit expires 12 months after the day on which it is issued unless, at least 30 days before the day on which the permit expires, the applicant submits an application for renewal to the Minister that contains the information referred to in Schedule 4.

  • Marginal note:Limits on renewal

    (4) A permit may only be renewed twice and subsections (1) and (2) apply to any renewal.

  • SOR/2016-252, s. 8

Revocation

Marginal note:Revocation

  •  (1) The Minister must revoke a permit if the conditions set out in paragraphs 10(1)(a) to (c) are no longer met or if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister.

  • Marginal note:Conditions for revocation

    (2) The Minister must not revoke a permit unless the Minister has provided the permit holder with

    • (a) written reasons for the revocation; and

    • (b) an opportunity to be heard, by written representation, in respect of the revocation.

Annual Reports

Marginal note:Certain substances

 Every person that manufactures or imports a toxic substance set out in column 1 of Part 4 of Schedule 2 or a product containing it, whether incidentally or not, must submit to the Minister a report that contains the information referred to in Schedule 5 by March 31 following the end of the calendar year during which either the toxic substance or a product containing it was manufactured or imported if, in that year

  • (a) the total annual quantity of the toxic substance manufactured or imported was equal to or greater than that set out in column 2, if any;

  • (b) the product imported contained the toxic substance in an annual weighted average concentration equal to or greater than that set out in column 3, if any; or

  • (c) the total annual quantity of the toxic substance contained in a product manufactured or imported and its annual weighted average concentration in the product were equal to or greater than those set out in column 4, if any.

  • SOR/2016-252, s. 9(F)

Accredited Laboratory

Marginal note:Accredited laboratory

 Any determination of concentration or quantity under these Regulations must be conducted by a laboratory that

  • (a) is accredited under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time;

  • (b) meets a standard equivalent to the standard referred to in paragraph (a); or

  • (c) is accredited in accordance with the Quebec Environment Quality Act, CQLR, c. Q-2, as amended from time to time.

  • SOR/2016-252, s. 10

Presentation of Information

Marginal note:Certification

  •  (1) Any information or an application for a permit required to be submitted to the Minister under these Regulations must bear the signature of the interested person or their authorized representative and be accompanied by a certification dated and signed by the interested person or the person authorized to act on their behalf, stating that the information is accurate and complete.

  • Marginal note:Writing or electronic format

    (2) The information, application for a permit and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

Record Keeping

Marginal note:Records

  •  (1) Every person that submits information to the Minister under these Regulations must keep a record containing a copy of that information, a copy of the certification and any documents supporting the information, including test data if applicable, for a period of at least five years beginning on the date of the submission of the information.

  • Marginal note:Location

    (2) The records must be kept at the person’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where the records can be inspected.

  • Marginal note:Records moved

    (3) If the records are moved, the person must notify the Minister, in writing, of the civic address of the new location within 30 days after the day of the move.

  • SOR/2016-252, s. 11

Transitional

Marginal note:Activities prohibited under repealed regulations

 A permit must not be obtained under these Regulations for an activity that is prohibited under the Prohibition of Certain Toxic Substances Regulations, 2005, the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations or the Polybrominated Diphenyl Ethers Regulations.

  • SOR/2016-252, s. 12

Repeal

 [Repeal]

Coming into Force

Marginal note:Three months after registration

 These Regulations come into force three months after the day on which they are registered.

SCHEDULE 1(Sections 1 to 5 and 9 and Schedule 3)

PART 1(Sections 1 and 2 and subsections 4(1), 4.1(1) and (2) and 5(1))Prohibited Toxic Substances

ItemToxic Substance
1Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane (Mirex)
2Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which “n” is greater than 2
3Polychlorinated Terphenyls that have the molecular formula C18H(14-n)Cln in which “n” is greater than 2
4Bis(chloromethyl) ether that has the molecular formula C2H4Cl2O
5Chloromethyl methyl ether that has the molecular formula C2H5ClO
6(4-Chlorophenyl) cyclopropylmethanone, O-[(4-nitrophenyl)methyl] oxime that has the molecular formula C17H15ClN2O3
7N-Nitrosodimethylamine, which has the molecular formula C2H6N2O
8Hexachlorobutadiene, which has the molecular formula C4Cl6
9Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C14H9Cl5
10Hexachlorobenzene
11Polychlorinated naphthalenes, which have the molecular formula C10H8-nCln in which “n” is greater than 1
12Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10 ≤ n ≤ 13
13Hexabromocyclododecane, which has the molecular formula C12H18Br6

PART 2(Sections 1 and 2 and subsections 4(1) and (2), 5(2) and 9(2))Prohibited Toxic Substances Unless Present in Manufactured Items

ItemToxic Substance
1Hexane, 1,6-diisocyanato-, homopolymer, reaction products with alpha-fluoro-omega-2-hydroxyethyl-poly(difluoromethylene), C16-20-branched alcohols and 1-octadecanol
22-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, gamma-omega-perfluoro-C10-16-alkyl acrylate and stearyl methacrylate
32-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with butyl 2-propenoate and 2,5 furandione, gamma-omega-perfluoro-C8-14-alkyl esters, tert-Bu benzenecarboperoxoate-initiated
42-Propen-1-ol, reaction products with pentafluoroiodoethane tetrafluoroethylene telomer, dehydroiodinated, reaction products with epichlorohydrin and triethylenetetramine
5Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4 ≤ n ≤ 10

PART 3(Sections 1 and 2 and subsections 4(1) and (3) and 4.1(2))Prohibited Products

ItemColumn 1Column 2
Toxic SubstanceProduct Containing the Toxic Substance
1Hexabromocyclododecane, which has the molecular formula C12H18Br6Expanded and extruded polystyrene foams and their intermediary products for a building or construction application
  • SOR/2016-252, ss. 13 to 17

SCHEDULE 2(Sections 1 to 3, 6, 7, 9 and 12 and Schedule 3)Permitted Uses, Concentration Limits and Reporting Thresholds

PART 1(Sections 1 and 2, subsection 6(1), paragraph 6(2)(a) and subsection 9(2))Permitted Uses — All Activities

ItemColumn 1Column 2
Toxic SubstancePermitted Uses
1Benzidine and benzidine dihydrochloride, which have the molecular formulae C12H12N2 and C12H12N2·2HCl, respectively
  • (a) Staining for microscopic examination, such as immunoperoxidase staining, histochemical staining or cytochemical staining;

  • (b) Reagent for detecting blood in biological fluids;

  • (c) Niacin test to detect certain micro-organisms; and

  • (d) Reagent for detecting chloralhydrate in biological fluids.

22-Methoxyethanol, which has the molecular formula C3H8O2
  • (a) Adhesives and coatings for aircraft refinishing; and

  • (b) Semiconductor manufacturing process.

3[Repealed, SOR/2017-247, s. 2]
4Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N
  • (a) Photoresists or anti-reflective coatings for photolithography processes; and

  • (b) Photographic films, papers and printing plates.

PART 1.1(Sections 1 and 2 and subsections 6(1), (2.1) and (2.2) and 9(2))Permitted Uses — Certain Activities

ItemColumn 1Column 2
Toxic SubstancePermitted Uses
1Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NIn aqueous film forming foam present in a military vessel or military fire-fighting vehicle contaminated during a foreign military operationFootnote for 1
2Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its saltsIn aqueous film forming foam used in fire-fighting
3Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomIn aqueous film forming foam used in fire-fighting
4Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, and their saltsIn aqueous film forming foam used in fire-fighting
5Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomIn aqueous film forming foam used in fire-fighting
  • Return to footnote 1Military operation means any operation taken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.

PART 1.2(Sections 1 and 2 and subsections 6(1) and (2.3))Permitted Uses — Use Only

ItemColumn 1Column 2
Toxic SubstancePermitted Uses
1Pentachlorobenzene, which has the molecular formula C6HCl5Use with chlorobiphenyls contained in equipment or liquids in the service of equipment in which their use is permitted under the PCB Regulations
2Tetrachlorobenzenes, which have the molecular formula C6H2Cl4Use with chlorobiphenyls contained in equipment or liquids in the service of equipment in which their use is permitted under the PCB Regulations

PART 2(Sections 1 and 2, subsection 6(1), paragraph 6(2)(b), subsections 6(2.4) and (4) and 7(1), paragraph 7(2)(a) and subsections 9(2) and (3))Temporary Permitted Uses

ItemColumn 1Column 2Column 3
Toxic SubstancePermitted UsesDate
1[Repealed, SOR/2017-247, s. 3]
2Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its saltsWater-based inks and photo media coatingsJanuary 1, 2017
3Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomWater-based inks and photo media coatingsJanuary 1, 2017
4Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, and their saltsWater-based inks and photo media coatingsJanuary 1, 2017
5Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomWater-based inks and photo media coatingsJanuary 1, 2017

PART 3(Sections 1 and 2, subsection 6(1), paragraphs 6(2)(c) and 7(2)(b) and subsection 9(2))Permitted Concentration Limits

ItemColumn 1Column 2Column 3
Toxic SubstanceProduct Containing the Toxic SubstanceConcentration Limit of the Toxic Substance
12-Methoxyethanol, which has the molecular formula C3H8O2Diethylene glycol methyl ether, which has the molecular formula C5H12O30.5 % (w/w)
2Tributyltins, which contain the grouping (C4H9)3SnTetrabutyltin, which has the molecular formula (C4H9)4Sn30 % (w/w)

PART 3.1(Sections 1 and 2 and subsections 6(1) and (2.5), 7(3) and 9(2))Concentration Limit for Certain Uses

ItemColumn 1Column 2Column 3
Toxic SubstanceProduct Containing the Toxic SubstanceConcentration Limit of the Toxic Substance
1Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NAqueous film forming foam10 ppm

PART 4(Sections 1 and 2, subsection 9(2) and section 12)Reporting Thresholds

ItemColumn 1Column 2Column 3Column 4
Toxic SubstanceAnnual QuantityAnnual Weighted Average ConcentrationAnnual Quantity and Annual Weighted Average Concentration
1Benzidine and benzidine dihydrochloride that have the molecular formulas C12H12N2 and C12H12N2·2HCl, respectively1 kg
2Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10 ≤ n ≤ 131 kg and 0.5% (w/w)
  • SOR/2016-252, ss. 18 to 21
  • SOR/2017-247, ss. 2, 3

SCHEDULE 2.1(Subsections 3(3) and 9(2))

Added Toxic Substances

Column 1Column 2
ItemToxic SubstanceDate Substance Added
1Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4 ≤ n ≤ 10Day on which this Schedule comes into force
2Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NDay on which this Schedule comes into force
3Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its saltsDay on which this Schedule comes into force
4Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomDay on which this Schedule comes into force
5Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, and their saltsDay on which this Schedule comes into force
6Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomDay on which this Schedule comes into force
7Hexabromocyclododecane, which has the molecular formula C12H18Br6January 1, 2017
  • SOR/2016-252, s. 22

SCHEDULE 3(Subsections 3(2) and (3))Information Related to the Use of Certain Toxic Substances in a Laboratory for Analysis, in Scientific Research or as a Laboratory Analytical Standard

  • 1 Information respecting the laboratory where a toxic substance or a product containing it is used or is to be used:

    • (a) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory; and

    • (b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the laboratory’s behalf.

  • 2 Information respecting each toxic substance set out in Schedule 1 or 2, and each product containing it that is used or is to be used:

    • (a) the name of the toxic substance and the name of the product, if applicable;

    • (b) the anticipated period of its use;

    • (c) the estimated quantity of the toxic substance to be used in a calendar year and its unit of measurement;

    • (d) the identification of each proposed use and each actual use, as the case may be; and

    • (e) in the case of a product,

      • (i) the estimated quantity of the product to be used in a calendar year and its unit of measurement, and

      • (ii) the estimated concentration of the toxic substance in that product and its unit of measurement.

  • SOR/2016-252, s. 23

SCHEDULE 4(Subsection 9(4) and 10(3))Information Required in an Application for a Permit or an Application for Renewal of a Permit

  • 1 Information respecting the applicant:

    • (a) their name, civic and postal addresses, telephone number and, if any, email address and fax number; and

    • (b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the applicant’s behalf.

  • 2 In the case of a toxic substance referred to in either section 4 or 6 of these Regulations or a product containing it, the following information:

    • (a) the name of the toxic substance and the name of the product, if applicable;

    • (b) the quantity of the toxic substance manufactured or imported during a 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement;

    • (c) the estimated quantity of the toxic substance to be manufactured or imported during the period to which the permit will apply, and its unit of measurement;

    • (d) in the case of a product,

      • (i) the quantity of the product manufactured or imported during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement,

      • (ii) the estimated quantity of the product to be manufactured or imported during the period to which the permit will apply, and its unit of measurement, and

      • (iii) the estimated concentration of the toxic substance in that product or the estimated mass of the toxic substance contained in the product, and its unit of measurement; and

    • (e) the identification of each proposed use, if known.

    • (f) [Repealed, SOR/2016-252, s. 24]

  • 3 Information that demonstrates that there is no technically or economically feasible alternative or substitute available to the applicant at the time of the application, other than a substance regulated under these Regulations, for the toxic substance.

  • 4 Information that explains what measures have been taken to minimize or eliminate any harmful effect of the toxic substance on the environment and human health.

  • 5 A description of the plan prepared respecting the toxic substance identifying the measures that will be taken by the applicant to comply with these Regulations and the period within which the plan is to be implemented, which must not exceed three years after the day on which the permit is first issued.

  • SOR/2016-252, s. 24

SCHEDULE 5(Section 12)Information Relating to the Manufacture or Import of a Toxic Substance or the Import of a Product Containing It

  • 1 Information respecting the manufacturer or importer:

    • (a) their name, civic and postal addresses, telephone number of their principal place of business and, if any, email address and fax number; and

    • (b) the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on behalf of the manufacturer or importer.

  • 2 Information respecting each toxic substance referred to in column 1 of Part 4 of Schedule 2 that is imported or manufactured and each product containing it that is imported or manufactured during a calendar year:

    • (a) the name of the toxic substance and the name of the product, if applicable;

    • (b) the calendar year;

    • (c) the total quantity of the toxic substance manufactured, and its unit of measurement;

    • (d) the total quantity of the toxic substance sold in Canada, and its unit of measurement;

    • (e) the total quantity of the toxic substance imported, and its unit of measurement;

    • (f) the identification of each proposed use of the toxic substance and the product, if applicable;

    • (g) the annual weighted average concentration of the toxic substance in the product and its unit of measurement, if applicable;

    • (h) the analytical method used to determine the concentration of the toxic substance in the product, if applicable;

    • (i) the analytical method detection limit used to determine the concentration of the toxic substance in the product, if applicable; and

    • (j) the name, civic and postal addresses, telephone number and, if any, email address and fax number of each person in Canada to whom the manufacturer or importer sold the toxic substance or the product.

  • 3 The name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory that determined the concentration of the toxic substance in the product, if applicable.

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