Fact sheet for the Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 (the Amendments) were published in the Canada Gazette, Part I on April 4, 2015 for a 75-day public comment period ending on June 18. 2015. The feedback gathered during this consultation will be taken into consideration when the final amendments are prepared. This guide was developed to help stakeholders understand the regulatory risk management controls proposed to manage five (5) substances which would be added to the Prohibition of Certain Toxic Substances Regulations, 2012 (the Prohibition Regulations). The intent is to facilitate the submission of meaningful comments by potential regulatees and interested parties. The Prohibition Regulations prevent potential risks of harm to the Canadian environment and, where applicable, human health by prohibiting the manufacture, use, sale, offer for sale or import of 22 toxic substances and products containing these substances with a limited number of exemptions. The Prohibition Regulations impose restrictions on activities that occur within Canada. Therefore, when the following activities are mentioned it should be understood that: Manufacture refers to manufacturing in Canada Use refers to use in Canada Sale and offer for sale refer to the sale and offer for sale in Canada, and Import refers to import into Canada. The Amendments propose to prohibit certain activities in respect of five (5) additional substances, including the prohibition of certain activities in respect of products that contain these substances: 1. Hexabromocyclododecane (HBCD) 2. Perfluorooctanoic acid, its Salts and its Precursors (collectively referred to as PFOA) 3. Long-chain perfluorocarboxylic acids, their Salts and their Precursors (collectively referred to as LC-PFCAs) 4. Polybrominated Diphenyl Ethers (PBDEs) 5. Perfluorooctane Sulfonate (PFOS) The requirements outlined below would come into force following the publication of the final amendments in the Canada Gazette, Part II. 1. Hexabromocyclododecane (HBCD) Primarily used as a flame retardant in insulation materials in the construction industry. HBCD or Product Type Activity Prohibited / Allowed HBCD (the toxic substance) Manufacture, use, sale, offer for sale, import Prohibited, except for the purpose of manufacturing expanded and extruded polystyrene foam which would be allowed until December 31, 2016 Expanded and extruded polystyrene foam containing HBCD Manufacture, use, sale, offer for sale, import Prohibited in building or construction applications after December 31, 2016. HBCD and any product containing HBCD that was manufactured or imported into Canada before January 1, 2017. Use, sale, offer for sale Allowed 1. Perfluorooctanoic acid, its Salts and its Precursors (collectively referred to as PFOA) 2. Long-chain perfluorocarboxylic acids, their Salts and their Precursors (collectively referred to as LC-PFCAs) Primarily used as water, oil and grease repellants; as surfactants; and as spreading and wetting agents. PFOA, LC-PFCAs or Product Type Activity Prohibited / Allowed PFOA and LC-PFCAs and products containing these toxic substances (e.g.: perfluorochemicals, intermediates, resins, paints, coatings) Manufacture, use, sale, offer for sale, import Generally prohibited, with exemptions as described below Manufactured items containing PFOA and/or LCPFCAs (e.g.: finished textiles, non-stick cookware) Manufacture, use, sale, offer for sale, import Allowed (for more information refer to the definition of “manufactured item” below) Water-based inks containing PFOA and LCPFCAs and photo media coatings containing PFOA and LC-PFCAs Import Allowed until December 31, 2016, after which import may only continue if a permit has been granted. The 1-year permit can be renewed twice ending no later than December 31, 2019 Use, sale, offer for sale After December 31, 2016 a person can only use, sell or offer for sale these products if they were manufactured or imported before January 1, 2017, or if they were imported under a valid permit Aqueous film-forming foam containing PFOA and LCPFCAs used in fire protection applications Manufacture Prohibited Use, sale, offer for sale, import Allowed Products containing PFOA and/or LC-PFCAs that are intended for a personal use Use, import Allowed Any product containing PFOA and/or LC-PFCAs that was manufactured or imported before the coming into force of the regulations Use, sale, offer for sale Allowed 3. Polybrominated Diphenyl Ethers (PBDEs) Primarily used as a flame retardant in manufactured items such as electrical and electronic goods, transportation, textiles and construction materials. PBDEs are currently managed under the Polybrominated Diphenyl Ethers Regulations1. Upon publication of the final regulations in the Canada Gazette, Part II the existing Polybrominated Diphenyl Ethers Regulations would be repealed. PBDEs or Product Type Activity Prohibited / Allowed PBDEs (tetraBDE, pentaBDE, hexaBDE, heptaBDE, octaBDE, nonaBDE and decaBDE congeners) Manufacture, use, sale, offer for sale, import Prohibited Products containing PBDEs (i.e.: mixtures, resins and polymers) Manufacture, use, sale, offer for sale, import Prohibited, with exemptions as described below Manufactured items containing PBDEs (e.g.: electronics, textiles, construction materials) Manufacture, use, sale, offer for sale, import Allowed 1 Polybrominated Diphenyl Ethers Regulations are available at http://ec.gc.ca/lcpecepa/eng/regulations/detailReg.cfm?intReg=108 4. Perfluorooctane Sulfonate (PFOS) Primarily used as a surfactant in fume suppressants and aqueous film-forming foam. PFOS is currently managed under the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations2. Upon publication of the final regulations in the Canada Gazette, Part II, the existing Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations would be repealed. PFOS or Product Type Activity Prohibited / Allowed PFOS (the toxic substance) Manufacture, use, sale, offer for sale, import Prohibited Products containing PFOS Manufacture, use, sale, offer for sale, import Generally prohibited, with exemptions as described below Photoresists containing PFOS Manufacture, use, sale, offer for sale, import Allowed Anti-reflective coatings for photolithography processes containing PFOS Manufacture, use, sale, offer for sale, import Allowed Photographic films, papers, and printing plates containing PFOS Manufacture, use, sale, offer for sale, import Allowed Aqueous film-forming foams containing 10ppm or less PFOS Manufacture, use, sale, offer for sale, import Allowed Aqueous film-forming foam containing PFOS that is present in a military vessel or military fire-fighting vehicle contaminated during a foreign military operation Use, import Allowed Manufactured items containing PFOS that were manufactured or imported before May 29, 2008 Use, sale, offer for sale Allowed 2 Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations are available at http://ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=107 Definition Manufactured item: For the purposes of the Prohibition Regulations, a product 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. This does not include intermediary articles, such as resin pellets. Examples of manufactured items include semiconductors and frying pans, but would exclude products such as fire-fighting foams, inks, paints, or coatings. Useful Links Text of the Prohibition of Certain Toxic Substances Regulations, 2012: www.ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=207 HBCD: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=58F1CC80-1 PFOA: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=en&n=F68CBFF1-1 LC-PFCAs: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=F68CBFF1-1 PBDEs: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=5046470B-1 PFOS: www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=ECD5A576-1 Disclaimer To assist with the gathering of comments on this proposal, this guidance is prepared for information purposes only and may not include all legal requirements. If there is any inconsistency or conflict between the information contained in this document and the Canadian Environmental Protection Act, 1999 and/or the Prohibition of Certain Toxic Substances Regulations, 2012, the official versions of the Act and Regulations take precedence. The official version of the Act can be found at: www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=26A03BFA-1. The official version of the Regulation can be found at: www.ec.gc.ca/lcpe-cepa/eng/regulations/detailreg.cfm?intReg=207. For more information on the Prohibition Regulations, please contact: Environment Canada Chemical Management Division 351 St. Joseph Boulevard, 10th Floor Gatineau QC K1A 0H3 Email: [email protected] © Her Majesty the Queen in Right of Canada, represented by the Minister of the Environment, 2014 Aussi disponible en français
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