As we mentioned in our April Environmental Compliance Tip, on June 30, 2026, Canada will enact new prohibitions under the Prohibition of Certain Toxic Substances Regulations, 2012. While at first glance, the list of substances may not look familiar, these substances may be in products that you are currently using.
2025 Toxic Substance Prohibitions
The updated Prohibition of Certain Toxic Substances Regulations, 2025, will prohibit the manufacture, use, sale, and import of certain toxic substances (including PFAS) and products containing them, with a limited number of exemptions.
The 2025 Regulations include prohibitions for the following:
- Perfluorooctane sulfonate, salts, and precursors (PFOS)
- Perfluorooctanoic acid, its salts, and its precursors (PFOA)
- Perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs)
- Hexabromocyclododecane (HBCD)
- Polybrominated diphenyl ethers (PBDE)
- Dechlorane Plus (DP)
- Decabromodiphenyl ethane (DBDPE)
Many of these PFAS substances are used as flame retardants and can be found in several other products, such as textiles, cleaning products, medical devices, and personal care products, paints and coatings, sealants, and more.
Exemptions
These Regulations do not apply to certain products or activities, regardless of the substance involved.
- Incidental presence
- For these Regulations, incidental presence is generally understood to be a residual, trace contaminant or impurity that was not intentionally added to the formulation.
- The 2025 Regulations include concentration thresholds for HBCD, PBDEs, and PFOS (in aqueous film forming foam (AFFF) at or below which their presence would be considered incidental, and the prohibition would not apply.
- These concentration thresholds can be found in Schedule 3 of the 2025 Regulations.
- Laboratory use
- Hazardous waste, hazardous recyclable material, or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies
- Pest control products
- Non-emissive or destructive uses of chemical feedstock
Source: Government of Canada
The notice states that where specific exemptions have not been provided, the Regulations allow for permits to be issued for one year and renewed twice (for a total maximum of up to three years). Permits temporarily allow the continued manufacture or import of DP or DBDPE, or products containing these substances, the import of certain products containing PFOA or LC-PFCAs, and the manufacture or import of certain products containing HBCD or decaBDE.
For a permit to be issued, the following conditions must be met:
- There must be no technically or economically feasible alternatives available.
- The applicant must have taken measures to minimize any harmful effects of the substance on the environment and human health.
- The applicant must have prepared a plan identifying measures taken to comply with these Regulations within a maximum of up to three years.
The Regulations set out that the conditions under which a permit is granted must be maintained throughout the duration of the permit.
Previous Enforcement of PFAS in Consumer Products
As we have reported in previous blog posts, Environment and Climate Change Canada has already recorded PFAS enforcement under the Canadian Environmental Protection Act, 1999 (CEPA). The focus of the enforcement was for the use of cosmetic products containing Perfluorononyl Dimethicone, which is a PFAS.
Using this PFAS is considered a significant new activity under CEPA. Under CEPA, there is “an obligation for a person to provide the Government of Canada with information about a substance when proposing to use, import or manufacture the substance for a significant new activity.”
Products that May Contain Prohibited Substances
With these most recent changes, it might be a good time to “take inventory” of products you may be importing that could contain these substances. In a recent blog, McMillan wrote, “Many of these substances are used as flame retardants and can be found in several other products, such as textiles, cleaning products, medical devices, and personal care products.”
They can also be nail polish removers, paints and coatings, sealants, lubricating fluids, and more.
Also see the Prohibited products that may be at higher risk of being imported due to the ongoing use in other countries.
PFAS Technical Assistance
For more information about PFAS, see our PFAS Resource Page. If you have any questions about PFAS, contact Christopher Paré, P.Geo., at 519-948-7300, Ext. 114.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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