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

Marginal note:Application

1 Subject to sections 2 to 4, these Regulations apply to toxic substances that are both specified on the list of toxic substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and set out in column 1 of Schedule 1 to these Regulations, as well as to products containing any of those substances.

Marginal note:Non-application — certain toxic substances

2 These Regulations do not apply to a prohibited toxic substance set out in column 1 of Schedule 1 that

• The following provision is not in force.

  (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;

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

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  (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 column 1 of Schedule 1.

Marginal note:Non-application — laboratory use

• The following provision is not in force.

  3 (1) Subject to subsection (2), these Regulations do not apply to a prohibited toxic substance set out in column 1 of Schedule 1 or to a product containing that substance if the substance or product is to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.

• The following provision is not in force.

  Marginal note:Information to Minister — more than 10 g

  (2) Every person who intends, in a calendar year, to use a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance for a purpose referred to in subsection (1), must submit to the Minister the information set out in Schedule 2 for that substance or product as soon as feasible before using more than 10 g of the substance, by itself or in the 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:Non-application — manufactured item in transit

4 These Regulations do not apply to a product in which a prohibited toxic substance set out in column 1 of Schedule 1 is present if that product

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  (a) is a manufactured item that is formed into a specific physical shape or design during its manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design; and

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  (b) is in transit through Canada from a place outside Canada to another place outside Canada.

Marginal note:Prohibited toxic substances — Schedule 1

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  5 (1) Subject to sections 6 to 9, a person must not manufacture, use, sell or import a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance, unless the toxic substance is incidentally present in that product.

• The following provision is not in force.

  Marginal note:Incidental presence

  (2) A prohibited toxic substance set out in column 1 of Schedule 3 is considered to be incidentally present in a product if the total concentration of the substance is less than or equal to the concentration set out in column 2.

Marginal note:Authorized activities — Schedule 1

6 A person may conduct an activity set out in column 3 of Schedule 1, in respect of the corresponding prohibited toxic substance set out in column 1 or the corresponding product containing that substance set out in column 2, if the corresponding conditions set out in column 4 are met.

Marginal note:Transfer for disposal

7 The physical possession or control of a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance may be transferred within Canada to allow for the final disposal of the substance or product.

Marginal note:Continued manufacture or import

• The following provision is not in force.

  8 (1) A person who, on the day on which these Regulations come into force, is a manufacturer or importer of a prohibited toxic substance set out in column 1 of Schedule 1 or a product containing that substance may continue to manufacture or import the substance or product if they submit an application to the Minister for a permit to do so within 30 days after that day.

• The following provision is not in force.

  Marginal note:Added toxic substances

  (2) In the case of a prohibited toxic substance that is added to column 1 of Schedule 1 after these Regulations come into force, a person who, on the day on which the regulations adding the toxic substance come into force, is a manufacturer or importer of that toxic substance or a product containing it may continue to manufacture or import the substance or product if they submit an application for a permit to the Minister to continue to do so within 30 days after that day.

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  Marginal note:Application until decision

  (3) Subsections (1) and (2) apply until the day on which a decision is made by the Minister to issue or refuse to issue the permit.

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  Marginal note:Use or sale

  (4) A person may use or sell a prohibited toxic substance, or a product containing that substance that is referred to in a permit application made under subsection (1) or (2) until the day on which a decision is made by the Minister to issue or refuse to issue a permit for that substance or product.

• The following provision is not in force.

  Marginal note:Permit eligibility

  (5) A permit application referred to in subsection (1) or (2) may only be submitted if the activity for which the permit is being sought is specified in column 5 of Schedule 1 for the substance or product.

• The following provision is not in force.

  Marginal note:Time period

  (6) A permit application referred to in subsection (1) or (2) must be submitted within the time period set out in column 5 of Schedule 1 for the substance or product referred to in the application.

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  Marginal note:Information

  (7) A permit application must contain all the applicable information set out in Schedule 4.

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  Marginal note:Clarifications

  (8) The Minister may require from the applicant any clarification that is necessary for the application to be processed.

Marginal note:Conditions of permit issuance

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  9 (1) The Minister must issue the permit referred to in subsection 8(1) or (2) if the following conditions are met:

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    (a) the applicant has demonstrated that, at the time of the application, there was no technically or economically feasible alternative or substitute for the prohibited toxic substance available to them other than a substance regulated under these Regulations;

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

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    (c) the applicant has prepared a plan respecting the prohibited toxic substance that identifies the measures that they will take to comply with these Regulations; and

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    (d) the applicant has provided the period within which the plan is to be implemented and that period does not exceed three years from the day on which the permit is first issued.

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  Marginal note:Authorization

  (2) A permit issued under this section authorizes the permit holder to continue to manufacture or import the prohibited toxic substance set out in column 1 of Schedule 1, or the product containing that substance for which the permit was issued for the period of validity of the permit.

• The following provision is not in force.

  Marginal note:Use or sale

  (3) A person may use or sell a prohibited toxic substance, or a product containing that substance if the substance or product was manufactured or imported in accordance with a permit issued under subsection (1).

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  Marginal note:Implementation of measures

  (4) A permit holder must implement and maintain the measures referred to in paragraphs (1)(b) and (c) for the period of validity of the permit.

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  Marginal note:Refusal

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

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

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    (b) the information required under subsection 8(7) has not been provided or is insufficient to enable the Minister to process the application.

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  Marginal note:Expiry

  (6) A permit expires on the first anniversary of the day on which it is issued or renewed.

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  Marginal note:Application for renewal

  (7) An application for renewal must be made in accordance with this section and may only be made twice.

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  Marginal note:Clarifications

  (8) The Minister may require from the applicant any clarification that is necessary for the application for renewal to be processed.

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  Marginal note:Renewal

  (9) The Minister must renew the permit if

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    (a) the applicant submits an application for renewal at least 90 days before the day on which the permit expires; and

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    (b) the application contains the information set out in Schedule 4.

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  Marginal note:Notice of change to information

  (10) The applicant must notify the Minister in writing of any change to the information provided under this section within 30 days after the day on which the change occurs.

Marginal note:Revocation — grounds

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  10 (1) The Minister must revoke the permit if

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    (a) the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister; or

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    (b) the permit holder has not, for reasons within their control and to the extent feasible, implemented and maintained the measures in accordance with subsection 9(4).

• The following provision is not in force.

  Marginal note:Notice of revocation

  (2) Before revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.

Marginal note:Accredited laboratory

• The following provision is not in force.

  11 (1) Any analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

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    (a) it is accredited

    • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

    • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

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    (b) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.

• The following provision is not in force.

  Marginal note:Standards of good practice

  (2) If no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of a toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.

Marginal note:Certification

• The following provision is not in force.

  12 (1) Any information that is submitted under these Regulations must be accompanied by a certification, dated and signed by the individual submitting the information or by their authorized representative, stating that the information is accurate and complete.

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  Marginal note:Paper or electronic format

  (2) Any document that is submitted under these Regulations may be submitted in paper format or in an electronic format that is compatible with the format that is used by the Minister.

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  Marginal note:Electronic signature

  (3) If a document is submitted in electronic format, the document may be signed electronically.

Marginal note:Records to be kept

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  13 (1) Every person that submits information to the Minister under these Regulations must keep records containing that information, including test data if applicable, and a copy of any supporting documents.

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  Marginal note:Five years

  (2) The records must be kept for a period of five years after the day on which the information referred to in subsection (1) is submitted to the Minister.

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  Marginal note:Electronically compatible format

  (3) Records that are kept electronically must be in an electronic format that is compatible with the format that is used by the Minister for the period referred to in subsection (2).

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  Marginal note:Location of records

  (4) The records must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.

• The following provision is not in force.

  Marginal note:Change of address

  (5) If the civic address referred to in subsection (4) changes, the person must notify the Minister in writing within 30 days after the day on which the change occurs.