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Canada Prohibition of Certain Toxic Substances Regulations 2022

On 14 May 2022, the proposed Prohibition of Certain Toxic Substances Regulations, 2022 was published in the Canada Gazette. A 75-day public consultation has been opened and will be end on July 28, 2022.

The proposed Regulations would repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012 (current Regulations) on the day the final Regulations come into force.

The proposed Regulations introduce restrictions on the manufacture, use, sale and import of DP (Dechlorane Plus) and DBDPE (Decabromodiphenyl ethane), and products containing these substances.

The proposed Regulations would also further restrict the manufacture, use, sale and import of PFOS, PFOA, LC-PFCAs, HBCD and PBDEs, and products containing these substances, by removing certain exemptions or limiting certain activities, which are allowed under the current Regulations. In addition, the proposed Regulations would also include concentration thresholds for these substances at or below which their presence would be considered incidental and the prohibition would not apply.


Item

Toxic Substance

Total Concentration

1

Hexabromocyclododecane, which has the molecular formula C12H18Br6 (HBCD)

100 ppm

2

Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤10 (PBDEs)

500 ppm for all congeners in a manufactured item or in a product that is not a commercial grade substance, commercial grade mixture, polymer or resin and 10 ppm for each congener in a product that is a commercial grade substance, commercial grade mixture, polymer or resin

3

Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N (PFOS)

1 ppm

4

Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its salts, and compounds 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 atom (PFOA)

1 ppm

5

Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20 and their salts, and compounds 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 atom (LC-PFCAs)

1 ppm


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