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The Federal Government published the Prohibition of Certain Toxic Substances Regulations, 2025 (the "2025 Regulations") under the Canadian Environmental Protections Act, 1999 ("CEPA") on December 31, 2025. The 2025 Regulations increase the restrictions on certain per- and polyfluoroalkyl substances ("PFAS") and brominated flame-retardant chemicals. The 2025 Regulations will repeal and replace the former Prohibition of Certain Toxic Substances Regulations, 2012 (the "2012 Regulations"), and will come into effect on June 30, 2026.
The 2025 Regulations are intended to reduce the risk of toxic substances entering the Canadian environment and to simplify the 2012 Regulations. This is in line with Environment and Climate Change Canada's ("ECCC") Red Tape Reduction Plan and Progress Report, 2025 which sets out ECCC's goals with respect to streamlining, modernizing or in some cases eliminating, regulations in an effort to reduce red tape and administrative burdens, without undermining the core protective purpose of regulations. They also are part of the first phase of the increased regulation of PFAS in Canada intended to prohibit the use of PFAS in firefighting foams not currently regulated, which is discussed in further detail here.
The 2025 Regulations
The 2025 Regulations prohibit the manufacture, use, sale, and import of the designated toxic substances and products containing those substances, namely:
- Perfluorooctane sulfate, its salts and its precursors ("PFOS")
- Perfluorooctanoic acid, its salts and its precursors ("PFOA")
- Long-chain perfluorocarboxylic acids, their salts and their precursors ("LC-PFCAs")
- Hexabromocyclododecane ("HBCD")
- Polybrominated diphenyl ethers ("PBDE")
- Dechlorane Plus ("DP")
- Decabromodiphenylethane ("DBDPE")
The 2025 Regulations introduce restrictions on the manufacture, use, sale, and import of DP and DBDPE and products containing those substances in addition to strengthening the restrictions on the manufacture, use, sale, and import of PFOS, PFOA, LC-PFCAs, HBCD, and PBDEs and products containing those substances that were originally introduced by the 2012 Regulations. 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.
Exemptions
Under the 2025 Regulations, certain products and activities are exempt. Specifically, the restrictions do not apply to:
- Toxic substances or products containing those substances that are used for laboratory use;
- Hazardous waste, hazardous recyclable material or non-hazardous waste (to which Division 8 of Part 7 of CEPA applies);
- Pest control products, as defined in section 2(1) of the Pest Control Products Act; and
- Non-emissive or destructive uses of chemical feedstock.
- Specifically, (i) chemical feedstock used in a manner that does not release a toxic substance and (ii) the toxic substance is destroyed or completely converted in that process into a substance that is not toxic.
The 2025 Regulations also include exemptions for the "incidental presence" of certain substances, which, for these purposes, means a residual, trace contaminant or impurity that was not intentionally added to the product. The incidental presence exemptions apply only to PFOS (in aqueous film forming foam (AFFF)), HBCD and PBDE that fall below the prescribed threshold set out in Schedule 3 of the 2025 Regulations.
Schedule 1 of the 2025 Regulations sets out additional exemptions that consider technical and economic factors, the availability of suitable alternatives, and international context and risks to the environment. For example, some manufactured items that contain DBDPE can be manufactured or imported for 15 years from the date the 2025 Regulations were first published, with the exemption ending in December 2040.
Permits
Under the 2025 Regulations, persons can obtain a one-year permit which allows the continued manufacture or import of DP, DBPE, or products containing those substances; the import of certain products containing PFOA or LC-PFCAs; and the manufacture or import of certain products containing HBCD or decaBDE.1 Permits can be renewed twice, for a maximum total time of three years.
In order for a permit to be approved, the following conditions must be met:
- There must not be any technically or economically feasible alternatives available;
- The applicant must have taken measures to minimise any harmful effects on the environment and human health; and
- The applicant must prepare a plan identifying the measures taken to comply with the 2025 Regulations within three years.2
Permit applications must be submitted between July 1, 2026 and July 30, 2026.
Key Takeaways
Once in effect, the 2025 Regulations impose restrictions on several substances used in everyday products and common business activities. That said, in some instances, exemptions expire up to fifteen years after the Regulation is published (i.e., 2040), which provides companies with an opportunity to seek and phase in alternatives for their products in advance of this deadline. Understanding how the 2025 Regulations will impact your business, the possibility of any exemptions or permits that may be available, and the timing for when such exemptions expire is key to ensuring ongoing compliance with these new restrictions.
If you have any questions about how the 2025 Regulations, or any other environmental regulations, may affect your business, please contact the authors of this bulletin.
Footnotes
1. Environment and Climate Change Canada, "Prohibition of Certain Toxic Substances Regulations, 2025: overview" (modified 19 February 2026).
2. Ibid.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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