Tin stabilizers in the vinyl industry: environmental performance agreement

Official title:

2025-2030 Environmental Performance Agreement

Respecting the Use of Tin Stabilizers in the Vinyl Industry

between

His Majesty the King in Right of Canada, as represented by the Minister of the Environment
(Herein “Environment and Climate Change Canada” or “ECCC”)

and

the Vinyl Institute of Canada
(Herein “VIC”)

and

Participating companies with vinyl compounding facilities

Preamble

Whereas in order to determine whether or not they are toxic or capable of becoming toxic to the environment or human health, ECCC has assessed over 100 organotin substances on the Domestic Substances List and 9 other organotin substances notified to ECCC from 1994 to 2000 under the New Substances and/or Transitional Substances provisions of the Canadian Environmental Protection Act, 1999 (CEPA);

Whereas mono and dialkyltin stabilizers (monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins, herein referred to as “tin stabilizers”), used mainly to produce vinyl compounds, were included in such assessment;

Whereas available data and weight of evidence show that tin stabilizers are currently not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment, or its biological diversity, or that constitute or may constitute a danger to the environment on which life depends (criteria in paragraphs 64(a) or 64(b) of CEPA), due to the presence of industry-wide stewardship efforts;

Whereas in the absence of effective stewardship practices, tin stabilizers may enter the environment in quantities or concentrations above a level that may be harmful and could, in particular, present a risk to sensitive species;

Whereas a group of vinyl processing facilities, manufacturers of tin stabilizers and vinyl compounding facilities using tin stabilizers, as part of their industry-wide stewardship efforts, developed a “Guideline for the Environmental Management of Tin Stabilizers in Canada” (Annex 1, herein referred to as the “guideline”), in consultation with ECCC, for all vinyl compounding facilities using tin stabilizers in Canada, in order to prevent the release of tin stabilizers into the environment;

Whereas ECCC recognizes the proactive efforts taken by the VIC to encourage continuous and full implementation of the guideline by vinyl compounding facilities using tin stabilizers;

Whereas in light of industry-wide efforts which help ensure tin stabilizers are not entering the environment in a quantity or concentration above a level that may be harmful to aquatic organisms, these substances have not been recommended to be added to Schedule 1, the List of Toxic Substances of CEPA;

Whereas the former 5-year Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry, which expired in May 2025, was successful in preventing the release of tin stabilizers into the environment through the continued implementation of the Guideline by all vinyl compounding facilities using tin stabilizers in Canada, and ECCC recognizes that this new agreement will help ensure continued implementation of the Guideline and industry-wide stewardship;

Whereas a notice that a proposed renewal of the 2020-2025 agreement was posted for public consultation on the Government of Canada website from July 9, 2024 to August 8, 2024. In addition, Provincial, Territorial and Aboriginal Governments and stakeholders of non-government organizations were informed about the publication of the notice as a part of this consultation process;

Therefore, the parties agree to the following:

1.0 Purpose

The purpose of the 2025-2030 Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry (herein referred to as the “agreement”) is to prevent the release of tin stabilizers into the environment, through the full implementation of the guideline by all vinyl compounding facilities using tin stabilizers in Canada.

2.0 Definitions

2015 agreement

The Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry that was in place from March 17, 2015 to March 16, 2020.

Agreement

The 2025-2030 Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry.

Former agreement

The Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry that was in place from May 15, 2020 to May 14, 2025.

Guideline

The Guideline for the Environmental Management of Tin Stabilizers in Canada, which is a document that was developed by a group of vinyl processing facilities, manufacturers of tin stabilizers and vinyl compounding facilities using tin stabilizers to prevent the release of tin stabilizers into the environment by ensuring that these substances and their packaging materials are handled, stored, used and disposed of in a responsible manner.

New company

A company that, at the time of signing of this agreement, did not exist or did not have any vinyl compounding facilities using tin stabilizers, and therefore was not participating in the agreement, but that now has a facility using tin stabilizers.

New facility

A vinyl compounding facility that started using tin stabilizers since the onset of this agreement, or that was not verified under any of the previous agreements, or a facility that has relocated its vinyl compounding facility to a new address.

Participating company

A company that owns one or more vinyl compounding facilities using tin stabilizers, agrees to participate in this agreement, agrees to have each of its facilities fulfill the requirements of this agreement that are applicable to facilities. Participation is confirmed by signing a commitment form (Annex 2: Participating Company Commitment Form) and returning a copy to the VIC, who will then forward a copy to ECCC.

Participating facility

A vinyl compounding facility using tin stabilizers that is owned by a company participating in this agreement.

A “significant change”

When one or both of the following situations arise:

• The type of containers/packages (the mode of supply) in which the tin stabilizers are received at the facility has changed since the end of the former agreement or at any time during the course of the current agreement; or
• A participating facility has expanded or relocated its tin stabilizer–related infrastructure since the end of the former agreement or at any time during the course of the current agreement.

Verification

A verification process to confirm that the commitments made by each participating company under this agreement or their vinyl compounding facilities (as outlined in the Participating Company Commitment Form in Annex 2 of this agreement) are being met. Verification can include documentation review, a site visit and follow-up activities. 

Vinyl compounding facility

A specialized production plant where the resin polyvinylchloride (PVC) is mixed with various additives and chemicals, like tin stabilizers, to create a specific compound of formulation used to produce PVC products.

3.0 Parties and legal status

3.1 This agreement represents an understanding between ECCC, the VIC and each participating company which shall collectively be referred to herein as “parties”.

3.2 This agreement is not intended to create legally binding obligations between the parties and is therefore not legally enforceable by any party. Nothing in this agreement and the guideline attached hereto should be construed as precluding a party from implementing any other environmental initiatives as it sees fit. Adherence to this agreement and the guideline does not in any way exempt any participating company and facility from complying with all applicable laws and regulations.

3.3 This agreement does not preclude the Government of Canada from taking other measures or actions, including making laws, or enforcing the existing laws of the Government of Canada.

3.4 Each participating company and its facilities using tin stabilizers agree to participate in this agreement, and to fully implement, or continue to fully implement, the guideline for as long as this agreement remains in effect.

3.5 Any new company that is not currently participating in this agreement but that now has vinyl compounding facilities starting to use tin stabilizers will be encouraged by the VIC to participate in this agreement.

3.6 This agreement will apply to the successors or assigns of the parties.

4.0 Duration, amendments and termination

4.1 This agreement will be in effect for a five-year period starting on June 18, 2025. The agreement will be reviewed annually by ECCC to ensure that its commitments are met.

4.2 Before it expires, this agreement may be amended or renewed with the written consent of all parties.

4.3 The agreement will become effective for the new participating company on the date that ECCC receives the signed Participating Company Commitment Form in Annex 2 of the agreement.

4.4 A participating company may end its participation in this agreement at any time, without cause and for their sole convenience, by providing at least 3 months’ written notice to the VIC of its intention to terminate and the VIC will forward a copy to ECCC. The agreement will then remain in effect for the remaining participating companies.

4.5 ECCC or the VIC may terminate the agreement with all or some of the participating companies without cause and at its sole convenience by providing at least 3 months’ written notice of its intention to terminate.

4.6 In the event that a participating facility no longer uses tin stabilizers, it shall so inform, immediately, the VIC and the VIC will forward a copy to ECCC, and that party’s responsibilities under this agreement shall end.

4.7 In the event that a previous participating facility re-starts to use tin stabilizers and wishes to participate in the agreement, it shall so inform, immediately, the VIC will forward a copy to ECCC, and that party’s responsibilities under this agreement will be in effect on the date that ECCC receives this notice.

5.0 Performance objectives

The following activities will be conducted to verify whether the practices and procedures identified in the guideline have been implemented. The performance objectives are as follows:

5.1 Participating facilities that were not verified under the former agreement, and are not a new facility, will be added to a pool for random selection for verification under this agreement. Each year, site visit verifications will be conducted at up to 3 facilities through a random selection draw conducted each year in the first week of April or at another time as agreed upon by the parties. Once all participating facilities from this pool have been verified (expected during the last year of this agreement), participating facilities that were verified under the former agreement will be added into the pool for the subsequent draw.

5.2 Site visit verification will be conducted at all new facilities within 24 months after the facilities start to use tin stabilizers to determine if the guideline has been implemented, with the expectation that all of them will demonstrate that they fully implemented the guideline before the expiry of this agreement.

5.3 Participating facilities that have undergone a significant change will submit all required documentation to the VIC and ECCC within 3 months following the signing of this agreement or 3 months following the submission to the VIC of their Annual Report for Participation in the Guideline for the Environmental Management of Tin Stabilizers in Canada (Appendix G of the guideline), herein referred to as “Annual Report”, identifying those changes. The verifiers will conduct a verification by examining the submitted documentation to determine if the guideline has fully been implemented as it pertains to the significant change and will perform a site visit if required.

5.4 The Annual Report  will be completed by all participating facilities and submitted to the VIC pursuant to the timeline in section 6.3 of this agreement. The VIC will submit a Consolidated Annual Report to ECCC pursuant to the timeline in section 6.4.

6.0 Reporting

6.1 At the time of signing this agreement or before, participating companies will need to report to the VIC (who will forward a copy to ECCC) their commitment form (Annex 2) and indicate on it whether they had a significant change at 1 or more of their facilities.

6.2 Each new company will need to report to the VIC their commitment form (Annex 2) and the VIC will forward a copy to ECCC.

6.3 By June 30 of each year this agreement is in effect (as per Annex 2), participating companies on behalf of participating facilities will continue, as under the former agreement, to report to the VIC by completing the Annual Report.

6.4 The Annual Report from participating facilities will be collected, reviewed, and consolidated by the VIC to produce a Consolidated Annual Report, which the VIC will provide to ECCC by September 30 of each year that this agreement is in effect, plus 1 year after. All reports will be submitted electronically to the following address: pgpc-dppc-cmp-cpd@ec.gc.ca. The first Consolidated Annual Report will be sent by the VIC to ECCC by September 30, 2026, referencing the status of the facilities implementation of the guideline as of April 1, 2026. Details of significant changes from the Appendix G reports will be transmitted separately to ECCC by the VIC for further action.

6.5 Every year this agreement is in effect, plus 1 year after, ECCC will publish on the Government of Canada website a report of progress made under this agreement. ECCC will provide a draft of this progress report, and any other information to be published by ECCC pertaining to this agreement, to VIC for review prior to its publication.

7.0 Roles and responsibilities

7.1 Environment and Climate Change Canada (ECCC)

In addition to the specific reporting requirements outlined in section 6.5, ECCC agrees to:

• 7.1.1 Monitor progress under this agreement, and oversee the administration of this agreement;
• 7.1.2 Consult with the VIC to determine what further steps may be necessary if the purpose and the performance objectives of this agreement, as outlined in sections 1.0 and 5.0, are not being met; and
• 7.1.3 Participate in the verification program described in section 8.0.

7.2 Vinyl Institute of Canada (VIC)

In addition to the specific reporting requirements outlined in section 6.4, the VIC agrees to:

• 7.2.1 Assist ECCC in administering this agreement;
• 7.2.2 Provide information about this agreement and the guideline to all known vinyl compounding facilities in Canada using tin stabilizers within 3 months after signing this agreement;
• 7.2.3 Provide information about this agreement and the guideline to all known suppliers of tin stabilizers for vinyl compounding within 3 months after signing the agreement;
• 7.2.4 Collect commitment forms from participating companies and share these with ECCC at the time of signing of this agreement, and as each new company becomes party to this agreement;
• 7.2.5 Collect and consolidate all Annual Reports from all participating facilities as described in section 6.4;
• 7.2.6 Identify any new companies and new facilities that should participate in this agreement and encourage them to participate in this agreement;
• 7.2.7 Maintain a comprehensive list of current vinyl compounding facilities using tin stabilizers, including those that are and are not members of the VIC, and annually update ECCC on the overall status of this list;
• 7.2.8 Participate in the verification program described in section 8.0;
• 7.2.9 Assist participating facilities to fully or continue to fully implement the guideline;
• 7.2.10 Promote the full implementation of the guideline with all users of tin stabilizers in Canada; and
• 7.2.11 Promote the VIC’s environmental performance agreement orientation program about this agreement to participating facilities.

7.3 Participating companies

In addition to the specific reporting requirements outlined in sections 6.1, 6.2 and 6.3, participating companies, on behalf of their participating facilities, agree to:

• 7.3.1 Take all necessary steps to familiarize themselves with the content and requirements of this agreement and the guideline;
• 7.3.2 Take all necessary action to implement, or continue implementing, all sections of the guideline that pertain to their operation;
• 7.3.3 Participate in the verification program described in section 8.0; and
• 7.3.4 Complete follow-up actions identified from the verification program within the agreed timelines.

8.0 Verification

8.1 Verification program

8.1.1 In order to ensure that participating facilities have implemented or continue to fully implement the guideline, the VIC and ECCC will initiate the verification program, as described in the verification protocol pertaining to this agreement, within 3 months of the signing of this agreement.

8.1.2 Verifications will be conducted by a “Verification Team” consisting of representatives from the VIC or their designate, and ECCC.

8.1.3 ECCC will publicly post an annual summary of verification results on the Government of Canada website in a report of progress made under this agreement as specified in section 6.5.

8.2 Corrective actions

Participating facilities that have not fully implemented all elements of the guideline, as indicated by the results of a verification, will be given the opportunity to correct the deficiency according to a time frame agreed to between the facility and the verification team, and will notify the VIC (which will forward a copy to ECCC) once the deficiency has been corrected.

9.0 Acknowledgments of success and failure to implement

9.1 ECCC agrees to acknowledge publicly the accomplishments of a participating company made pursuant to this agreement. The time and manner of any such acknowledgement will be at the discretion of ECCC.

9.2 If the guideline is not fully implemented by all vinyl compounding facilities using tin stabilizers, further risk management action respecting the environmental management of tin stabilizers may be taken. This includes the potential for further assessment of risk posed by these substances, a possible outcome of which is their addition to Schedule 1 of CEPA (List of Toxic Substances).

9.3 For greater certainty, it is the responsibility of each participating company and new company to comply with the guideline, and the reporting and verification measures contained herein, and the VIC shall in no way be held liable for failure of such companies to do so.

10.0 Availability of agreement and confidential information

10.1 To promote transparency, a copy of this agreement will be made available on the Government of Canada website as well as on the VIC’s website.

10.2 Correspondence with ECCC related to this agreement should be sent to ECCC by electronic mail to pgpc-dppc-cmp-cpd@ec.gc.ca. Please include “Tin Stabilizers” in the subject line.

10.3 The parties agree to keep confidential and not disclose any confidential information submitted by participating companies under section 313 of CEPA. However, a written request for confidentiality must be submitted to ECCC and must specify the information that is considered to be confidential, the criteria under which confidentiality is being requested and a justification that demonstrates how it meets the criteria for confidentiality under subsection 313(3) of CEPA.

10.4 Nothing in this agreement shall be interpreted so as to preclude ECCC from disclosing information that ECCC may be required or ordered to disclose pursuant to any applicable federal laws, including, the Access to Information Act, the Privacy Act, CEPA or a judicial order.

11.0 Communication pertaining to the agreement

Each party agrees to provide the other parties with any information pertaining to this agreement that is to be communicated to the public or to stakeholders, for their review prior to the information being made public.

Signed for His Majesty the King in Right of Canada, as represented by the Minister of the Environment:

By: Jacinthe David

Director General

Industrial Sectors and Chemicals Directorate

Signature:

Date:

Signed for the Vinyl Institute of Canada:

By: Aiñe Curran

President and CEO

Signature:

Date:

Annex 1: Guideline for the environmental management of tin stabilizers in Canada

Guideline for the environmental management of tin stabilizers in Canada

Annex 2: Participating company commitment form

The participating company with the vinyl compounding facility or facilities using tin stabilizers that are listed below agrees to participate in the achievement of the performance objectives listed in section 5.0 of the 2025-2030 Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry (herein referred to as the “agreement”) and to fully implement or continue to fully implement the Guideline for the Environmental Management of Tin Stabilizers in Canada in each of its facilities using tin stabilizers for as long as this agreement remains in effect.

Significant changes

Has the facility or one of the facilities that was owned by a party under the former agreement undergone a significant change?

Yes __ No __

If yes, please specify the facility (or facilities) and briefly describe the significant change(s):

Annual report submissions

As per sections 5.4 and 6.3 of the 2025-2030 Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry (herein referred to as the “agreement”), each facility agrees to report to the Vinyl Institute of Canada by completing Appendix G of the guideline, according to the following timelines:

Authorized by:

Name (please print):

Title:

Address:

Telephone and Email:

Signature:

Date: