Compliance guide for the Certain Products Containing Toxic Substances Regulations

On this page

• Disclaimer
• Abbreviations
• Definitions
• 1.0 Introduction
• 2.0 Application of the Regulations
  • 2.1 Persons subject to the Regulations
  • 2.2 Regulated products
    • 2.2.1 Coal tars and their distillates (Part 1)
    • 2.2.2 PAHs (Part 2)
    • 2.2.3 2-BE (Part 3)
  • 2.3 Non-applications and exemptions
    • 2.3.1 General non-application and exemptions
    • 2.3.2 Coal tars and their distillates and PAHs
    • 2.3.3 2-BE
• 3.0 Testing requirements
  • 3.1 Accredited laboratories and methods
• 4.0 Record keeping requirements
  • 4.1 Timeline and retention of records
  • 4.2 Information that must be available upon request
• 5.0 Permits
  • 5.1 Permit duration and renewal
  • 5.2 Application form
  • 5.3 Submitting an application
  • 5.4 Decision
• 6.0 Non-compliance and law enforcement
• 7.0 Additional resources and contact information
• Appendix A: Sample permit application form

Disclaimer

This document is provided for informational purposes only and is not to be understood as a legal document. It does not cover all aspects of the Certain Products Containing Toxic Substances Regulations (hereafter referred to as “the Regulations”). In the case of discrepancy between this document and the Canadian Environmental Protection Act, 1999 (CEPA) or the Regulations, CEPA and the Regulations prevail.

Abbreviations

Definitions

To promote a common understanding, key terms used in administering the Regulations are defined in plain language below. Please note that these do not constitute legal definitions.

2-Butoxyethanol (2-BE): 2-BE, also known as ethylene glycol monobutyl ether, is a solvent (a liquid used for dissolving other substances) belonging to the glycol ether family of compounds.

Coal tars and their distillates: Coal tars and their distillates are complex mixtures of hydrocarbons (mainly aromatic) and other chemical components. Coal tars are obtained from the heating of coal in the absence of oxygen, a process that occurs at integrated steel mills. Coal tar distillates result from the distillation of coal tars at coal tar refinery facilities.

Polycyclic aromatic hydrocarbons (PAHs): PAHs are compounds in groups of 2 to 6 aromatic rings. Each aromatic ring may contain 5 to 6 carbon atoms.

Regulated product: A regulated product belongs to a product category specified in section 13, 17 or 21 of the Regulations and contains a toxic substance that is specified both in one of these sections and on Schedule 1 of CEPA. A product belongs to a product category if, according to the information on its container or included in the related documentation made available by its manufacturer or importer or other authorized representatives, the product may be used as a product that belongs to that specific product category.

To sell: The prohibition on sale in the Regulations includes a range of activities that may go beyond the common understanding of the verb “to sell.” Subsection 3(1) of CEPA defines “sell” as including “to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease,” and subsection 93(2) of CEPA states that “sell” includes “the transfer of the physical possession or control of a substance.” This means that no monetary exchange needs to take place for the activity to be considered a sale.

1.0 Introduction

Published in Canada Gazette, Part II, on March 12, 2025, the Certain Products Containing Toxic Substances Regulations mitigate the risks to human health and the environment posed by coal tar-based sealant products, sealants containing high levels of PAHs and products containing 2-BE. The Regulations also repeal and replace the 2-Butoxyethanol Regulations.

The Regulations are designed to allow for the possibility of managing the risks associated with other toxic substances listed on Schedule 1 to CEPA in the future. This approach simplifies and streamlines the regulatory process and reduces administrative burden under CEPA, by having a single product-focused regulatory instrument for several toxic substances.

The Regulations came into force on February 26, 2025, and apply to manufacturers, importers and sellers of certain products containing toxic substances in Canada. This guide provides additional information on how to comply with the requirements of the Regulations.

In general, the manufacture, import or sale of a regulated product containing (1) coal tars, (2) PAHs and (3) 2-BE is not allowed in Canada after the specific prohibition dates, unless the product is not covered under the Regulations; it is explicitly excluded; or it is in compliance with the prescribed concentration limits in the Regulations, if applicable. There are also certain exemptions for products exported and in transit through Canada; time limited permits, if alternatives are not yet available; and temporary exceptions for specific industrial uses. This guide provides an overview of these provisions.

Please note that certain products and substances that are covered by these Regulations, may also be subject to other federal, provincial or municipal laws. This document only provides compliance guidance. It is the responsibility of manufacturers, importers, and sellers to determine if other requirements apply to them and ensure that the products they manufacture, import, or sell comply with those requirements.

Tip: To access the Regulations and other related guidance documents, visit the CEPA Registry.

2.0 Application of the Regulations

2.1 Persons subject to the Regulations

The Regulations apply to any person in Canada manufacturing, importing or selling a regulated product.

2.2 Regulated products

2.2.1 Coal tars and their distillates (Part 1)

The Regulations prohibit the manufacture, import and sale of the following categories of products containing coal tars and their distillates, as listed in section 13 of the Regulations:

1. pavement sealants
2. roofing sealants
3. sealant products for industrial use on metal, structural steel or concrete components or on pipelines or other buried services

The manufacture and import of sealants listed in section 13 are prohibited as of October 1, 2025. The sale of pavement and roofing sealants containing coal tars is prohibited as of December 31, 2025.

The Regulations provide a temporary exception for the sale of coal tar-based sealant products for industrial use on metal, structural steel or concrete components or on pipelines or other buried services until July 1, 2028.

Tip: You can refer to Figure 1 for a decision tree to help you determine if your coal tar-based product is subject to regulatory requirements.

2.2.2 PAHs (Part 2)

The Regulations prohibit the manufacture, import and sale of the following categories of products containing PAH levels exceeding 1000 ppm, as listed in section 17 of the Regulations:

1. pavement sealants
2. roofing sealants

The manufacture and import of pavement and roofing sealants, with PAH levels over 1000 ppm, are prohibited as of October 1, 2025. The sale of pavement and roofing sealants with PAH levels over 1000 ppm is prohibited as of December 31, 2025.

Tip: You can refer to Figure 2 for a decision tree to help you determine if your product containing PAHs is subject to regulatory requirements.

2.2.3 2-BE (Part 3)

Section 21 of the Regulations sets out a list of products containing 2-BE for which the manufacture, import, and sale is prohibited for indoor use. Table 1 lists the products containing 2-BE that are covered under the Regulations and the associated concentration limit for each regulated product category.

Table 1. Regulated products containing 2-BE and their concentration limits

*For these product categories, a cleaner is defined as a product to be used to degrease and clean glass, floors and other surfaces, including bathroom and kitchen surfaces, but does not include automobile degreaser.

Note that these concentration limits are for final, ready-to-use products. If a product needs to be mixed or diluted, in accordance with the manufacturer’s written instructions, the concentration of the product after this process should be equal to or less than the limit set out in Table 1 for that specific product. The product must be labelled with or accompanied by the manufacturer’s instructions in both official languages.

Tip: You can refer to Figure 3 for a decision tree to help you determine if your product containing 2-BE is subject to regulatory requirements.

2.3 Non-applications and exemptions

In some cases, it is possible that activities to which the Regulations would normally apply are exempt. Though these activities are exempted, some provisions, such as record keeping, could still apply. Only the products containing a toxic substance that are specified in Parts 1, 2 and 3 are in the scope of these Regulations. This means that the Regulations do not apply to products that are not specified in Parts 1, 2 and 3 of the Regulations. However, these products may be subject to other federal, provincial or municipal laws.

2.3.1 General non-application and exemptions

Section 2 provides that the Regulations do not apply to waste or products that are at the end of their useful life and are to be recycled.

Substance-specific exemptions can be found in the specific parts of the Regulations covering these substances.

Products that are manufactured for export only and products that are in transit through Canada, from a place outside Canada to another place outside Canada, are exempt under the Regulations.

Products that are manufactured or imported under a valid permit are also exempt under the Regulations for the duration of the permit. Similarly, the sale of a product that was manufactured or imported under a valid permit is also exempt under the Regulations provided the sale occurs within 1 year after the permit expires. Products with a quantity or concentration of a toxic substance below the thresholds specified in the Regulations are not subject to the Regulations.

Tip: You can refer to Table 2 for a summary of regulatory requirements for each toxic substance covered by these Regulations.

2.3.2 Coal tars and their distillates and PAHs

In the case of products containing coal tars and PAHs, products that are sold for export only are also exempted under the Regulations.

2.3.3 2-BE

Subsection 21(1) lists the non-application of the Regulations to products containing 2-BE if they are for use:

• in a manufacturing or processing activity,
• in a commercial paint or coating activity,
• as a solvent in a laboratory for analysis,
• in scientific research, or
• as a laboratory analytical standard.

Additionally, for 2-BE, the following product categories are excluded from the Regulations, as per subsection 21(1):

• automobile degreaser,
• internal engine cleaner,
• pump-spray aerosol cleaner,
• pump-spray aerosol paint, and
• pump-spray aerosol coating.

3.0 Testing requirements

It is the responsibility of manufacturers, importers and sellers to ensure that the regulated products they manufacture, import or sell do not contain the specified toxic substances above the concentration limits or quantities specified in the Regulations.

If a product tested by ECCC as part of its inspection exceeds the applicable concentration limit, the manufacturer, importer or seller could face law enforcement actions. Manufacturers and importers are also required to keep records of the results of any laboratory analysis conducted to determine the concentration of the toxic substance in the regulated product.

3.1 Accredited laboratories and methods

Testing conducted to verify compliance with the Regulations and to determine the total quantity or concentration of a toxic substance must be performed by a laboratory that meets the following conditions:

1. The laboratory is accredited under one of the following:

• 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
  • For a list of accredited laboratories and information on how to become accredited, you can consult the Standards Council of Canada website.
• the province of Québec’s Environment Quality Act (chapter Q-2).
  • A list of accredited laboratories and information on how to become accredited are available from the website of the Centre d'expertise en analyse environnementale du Québec.

2. The laboratory’s scope of accreditation must also include the analysis performed to determine the quantity or concentration of the toxic substance.

In addition, for regulated products containing 2-BE, the concentration of 2-BE is determined in accordance with the Reference method for the analysis of 2-butoxyethanol (2-BE) and other glycol ethers (GEs) in selected products (automotive and household cleaners, paints, paint strippers and solvents), published by ECCC.

For information about the laboratory and testing method requirements, you can refer to sections 7 and 24 of the Regulations.

4.0 Record keeping requirements

Persons who manufacture or import a regulated product, and persons who sell a regulated product for export are responsible for maintaining records of their manufacturing, importing and selling of the regulated products. Compliance with the Regulations is best demonstrated through providing access to records upon request in the event of a routine inspection by an enforcement officer from ECCC.

The Regulations specify the information and supporting documents that must be maintained and that should be available for inspection, depending on whether you are a manufacturer, importer or seller of regulated products. You can refer to sections 10 to12 for record-keeping requirements.

4.1 Timeline and retention of records

All records must be made no later than 30 days after the day on which the information or documents become available. The records must be kept for at least 5 years after they are made, and they must be kept at the principal place of business in Canada or at any other place in Canada where they can be inspected.

4.2 Information that must be available upon request

Records must be maintained in English or French, or both languages, and should include the following information:

1. for manufacturers and importers, information on the regulated product, including its name, product category, date of manufacture or import, the quantity of the product manufactured or imported, and the quantity or concentration of the toxic substance in the product,
2. for importers, in addition to the requirements above, information on the shipper and the Harmonized Commodity Description and Coding System tariff classification number for the product, as set out in the schedule to the Customs Tariff, and
3. for sellers, information on the regulated product, including the quantity of product sold and the date of sale.

Information demonstrating that the quantity or concentration of the toxic substance contained in the regulated product is at or below the prescribed limits would also assist in demonstrating compliance. This could include factory dosage information, company engineering specifications, quality assurance and control procedures used during product manufacturing, and testing results from an accredited laboratory.

5.0 Permits

Under exceptional circumstances, a permit may be issued to manufacture or import a regulated product. For instance, permits are available for products that are considered essential, as there are not currently any technically or economically feasible alternative or substitute products available on the Canadian market that do not contain the toxic substance.

Permits issued under the Regulations are granted for a specific product, a specific use, a specific company and for a specified period of time. These types of permits are time-limited and are not a transitional measure for existing products for which alternatives currently exist.

Permits are not required for products exempted by the Regulations.

For the requirements on permits, please refer to sections 3 to 6 of the Regulations.

5.1 Permit duration and renewal

A permit can be valid for up to 3 years after the day on which it is issued.

A permit can be renewed only once for a maximum period of 3 years, and only if:

1. it is submitted at least 90 days before the day on which the permit expires;
2. it includes the permit number and updated information and documents referred to in section 3 of the Regulations;
3. it includes the actual quantity of the regulated product that was manufactured, imported or sold during the validity period of the permit; and
4. it includes information about the implementation of the plan presented in the original permit application, an explanation as to why that plan was not fully implemented - if applicable - and information on how the applicant will fully implement the plan contained in the renewal application.

5.2 Application form

To apply for or renew a permit, detailed information must be submitted to ECCC on 4 elements:

1. the applicant’s name and contact information,
2. the regulated product, including its intended use,
3. evidence regarding the absence of feasible alternatives or substitutes to the regulated product, and
4. the plan that identifies and describes measures to address the risks associated with the toxic substance contained in the regulated product during the life cycle of the product.

Regarding elements (3) and (4) above, the applicant must provide the following information:

1. evidence that, at the time of the application, it is not technically or economically feasible for the applicant to use an alternative to or a substitute for the regulated product or the toxic substance contained in the regulated product that:
   • achieves a similar result as would be achieved by using the toxic substance, and
   • has a less harmful effect on the environment or human health than the toxic substance
2. a plan that identifies and describes the measures that the applicant will take to minimize or eliminate any harmful effect that the toxic substance contained in the regulated product has or may have on the environment and human health, including measures to ensure that:
   • the toxic substance is handled safely and transported safely,
   • the toxic substance is not released into the environment during normal use of the regulated product,
   • the toxic substance is not released into the environment at the end of its useful life, including during recycling or disposal of the product,
   • the applicant will, within a stated period of time, eliminate the toxic substance contained in the regulated product or reduce its concentration to the point that these Regulations no longer apply to the product

Tip: While there is no official application form, an example of a permit application is available in Appendix A of this guide. Remember to describe the evidence and the plan in detail, because a general declaration without explanation that it’s not feasible for your company would not meet the requirements.

5.3 Submitting an application

The permit application must be submitted by the person who will manufacture the product in Canada or import the product to Canada. International parent companies may assist importers in preparing the permit application. However, the permit application must come from the manufacturer or importer conducting activities in Canada.

There are 2 ways to submit an application:

1. By email (preferred option):
   • produits-products@ec.gc.ca
     Subject line: Permit application under CPCTSR
2. By mail:
   • Certain Products Containing Toxic Substances Regulations
     Industrial Sectors and Chemicals Directorate
     Environment and Climate Change Canada
     351 Saint-Joseph Blvd
     Gatineau QC, K1A 0H3

5.4 Decision

ECCC’s service standard for responding to permit applications is 90 days from the day all the required information and documentation for the application is received.

Permit applicants will receive a response by email from ECCC notifying them of the result of their permit application, including:

• if a permit is issued, the start and end date of the permit and the permit number;
• if the permit is not issued, the grounds for the refusal.

Tip: If you are granted a permit to manufacture or import a prohibited product, it is considered best practice to inform any sellers, to whom the product is distributed, about the validity of the permit, including its expiration date.

6.0 Non-compliance and law enforcement

It is the responsibility of the manufacturers, importers and sellers to ensure that they follow the requirements of the Regulations.

Certain provisions of the Regulations are subject to ticketing via the provincial ticketing regimes. Tickets are an expedited alternative to the summary conviction procedure, which can be used as a response to more minor regulatory offences. To be eligible for ticketing, provisions must be listed under Schedule I.3 to the Contraventions Regulations (SOR/96-313), which sets out the ticketable provisions for regulations under CEPA.

When prosecution is chosen as the response to a violation, certain provisions of the Regulations may be subject to the higher fine regime established by the Environmental Enforcement Act. The provisions subject to these higher fines are the “most serious offences” listed in the Schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999). The relevant provisions for the Certain Products Containing Toxic Substances Regulations can be found in Item 39 of the Schedule.

7.0 Additional resources and contact information

You can read more about the Regulations using these online resources:

• Certain Products Containing Toxic Substances Regulations
• Regulatory Impact Analysis Statement in Canada Gazette, Part II

You can learn more about releases of toxic substances and pollution on ECCC’s page:

• Canadian Environmental Protection Act Registry
• Coal tars and their distillates - information sheet
• Toxic substances list: 2-butoxyethanol
• Toxic substances list: Polycyclic aromatic hydrocarbons (PAHs)

You can also contact ECCC by email at produits-products@ec.gc.ca.

Figure 1. Decision tree to determine if a product containing coal tars and their distillates is regulated under the Certain Products Containing Toxic Substances Regulations.

Figure 2. Decision tree to determine if a product containing PAHs is regulated under the Certain Products Containing Toxic Substances Regulations.

Figure 3. Decision tree to determine if a product containing 2-BE is regulated under the Certain Products Containing Toxic Substances Regulations.

Table 2. Summary table of regulatory requirements by toxic substances

¹ Other than an automobile degreaser or internal engine cleaner
² Other than a pump-spray

Appendix A: Sample permit application form

Example of a permit application under the Certain Products Containing Toxic Substances Regulations

Is this a new permit application or a permit renewal?
◻ New   ◻ Renewal (permit number: __________________ )

1. Information about the applicant

2. Information respecting the product for which the application is made

◻ I have enclosed an identification and description of each known use of the product.

3. Declaration respecting the provision of information

◻ I am enclosing evidence – along with all supporting documents – that, at the time of application, it is not technically or economically feasible for the applicant to use an alternative to or a substitute for the regulated product or the toxic substance contained in the regulated product that achieves a similar result as would be achieved by using the toxic substance, and has a less harmful effect on the environment or on human health than the toxic substance. (Provide the evidence)

◻ I am enclosing a copy of the plan that identifies and describes the measures that the applicant will take to minimize or eliminate any harmful effect that the toxic substance contained in the regulated product has or may have on the environment and human health, including measures to ensure that the toxic substance is handled and transported safely and is not released into the environment during normal use of the regulated product and at the end of its useful life, as well as the measures that the applicant will take to, within a stated period, eliminate the toxic substance contained in the regulated product or reduce its concentration to the point that these Regulations no longer apply to the product. (Provide the plan)

◻ The applicant will notify the Minister of any changes to the information and documents provided, within 30 days after the day on which the change occurs.

◻ I understand that this permit is only valid for a maximum of 3 years from the date the permit is issued. I also understand that if I need to apply for a one-time permit renewal, I must submit a complete application at least 90 days prior to the end of my permit.

4. Location where information and supporting documents are kept

Civic address in Canada: ___________________________________________________________
Postal address in Canada: _____________________________________________________________

5. Declaration respecting the accuracy of information

◻ I declare that the information in this application and in all enclosed documents is accurate and complete.