Substance prohibition summary for Polybrominated Diphenyl Ethers (PBDEs)
Disclaimer
This information has been prepared for convenience of reference only and is not to be understood as a legal document. This information does not supersede or modify any act, regulations or legal obligation, including an obligation to comply under any instruments referred to under CEPA.
Context
Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4 ≤ n ≤ 10 (tetraBDE, pentaBDE, hexaBDE, heptaBDE, octaBDE, nonaBDE and decaBDE, collectively known as PBDEs), and products containing PBDEs are subject to the Prohibition of Certain Toxic Substances Regulations, 2012 (PCTSR 2012). The PCTSR 2012 will be repealed and replaced by the Prohibition of Certain Toxic Substances Regulations, 2025 (PCTSR 2025) when the PCTSR 2025 come into force on June 30, 2026. These Regulations are made under the authority of the Canadian Environmental Protection Act, 1999.
Prohibition and exemptions under PCTSR 2012
The PCTSR 2012 will be in force until June 30, 2026. The PCTSR 2012 prohibits the import, manufacture, use, sale and offer for sale of PBDEs, and products containing them, with the following exemptions:
- The import, manufacture, use, sale and offer for sale of a product containing PBDEs, if PBDEs are incidentally present
- The import, manufacture, use, sale or offer for sale of manufactured items containing PBDEs
- The use, sale or offer for sale of products containing decaBDE that were manufactured or imported before the Regulations come into force
Prohibition and exemptions (authorized activities) under PCTSR 2025
The PCTSR 2025 further restricts PBDE activities in Canada. Once the PCTSR 2025 comes into force on June 30, 2026, the following changes to authorized activities will be in effect:
- the exemption allowing the manufacture, use, sale and import of manufactured items containing PBDEs will be repealed, but will exempt:
- the use, sale and import until December 31, 2036 of specific land-based motor vehicle replacement parts containing decaBDE that are no longer mass-produced as of June 30, 2026, and the ongoing use and sale of the vehicles containing the replacement parts
- the manufacture or import of electrical and electronic equipment (EEE), parts and replacement parts designed for use in nuclear power generation facilities in Canada until January 1, 2031
- the use and sale of manufactured items containing PBDEs that were in use or in inventory up to the coming into force of the PCTSR 2025 (June 29, 2026, inclusively)
- the exemption allowing the use and sale of products (that are not manufactured items) containing decaBDE that were manufactured or imported before December 23, 2016, will be repealed
- add the following concentration thresholds for the incidental presence of PBDEs:
- 1000 mg/kg (0.1 % w/w) for the sum of all congeners in electrical and electronic equipment, except for some types of EEE
- 500 mg/kg (0.05% w/w) for the sum of all congeners in manufactured item other than above noted EEE
- 10 mg/kg (0.001% w/w) for each congener in a product that is a commercial grade substance, commercial grade mixture, polymer or resin
Further detail on the authorized activities for PBDEs may be found under Schedule 1 of the PCTSR 2025.
Permits
There are currently no permits available under the PCTSR 2012. Please note that once the PCTSR 2025 comes into force on June 30, 2026, permits will be available for certain substances and certain activities.
The PCTSR 2025 allows for permits to be issued for one year and renewed twice (for a total maximum of up to 3 years) to temporarily allow the continuation of eligible activities. The following activities for decaBDE and products containing decaBDE are eligible for permit application:
- the manufacture of manufactured items containing decaBDE other than those already authorized under Schedule 1 of the 2025 Regulations
- the import of manufactured items containing decaBDE other than those already authorized under Schedule 1 of the 2025 Regulations
- the manufacture or import of land-based motor vehicles that contain a replacement part containing decaBDE
How to submit a permit application through the Regulatory Services Platform
Permit applications must be submitted during the permit application period between July 1, 2026, and July 30, 2026 (30 days after the day the PCTSR 2025 come into force) using ECCC's Regulatory Services Platform.
On the platform, users will be able to:
- Create an account
- Submit permit applications
More information relating to permits can be found on the Information for permit applications or renewal for the Prohibition of Certain Toxic Substances Regulations, 2025 webpage.
Exempted laboratory uses
The prohibition does not apply to listed toxic substances, or to any products containing them, that are to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.
How to submit a laboratory and research use report
Users of any listed toxic substance, or product containing it, for the above purposes are required to report the information set out in the Regulations using ECCC's Regulatory Services Platform before the use of more than 10 grams of each substance each calendar year.
Further details relating to exempted laboratory uses and instructions on how to report can be found on the Information for laboratories using certain toxic substances webpage.
More information
More information on the Prohibition of Certain Toxic Substances Regulations, 2025 can be found on the CEPA registry.
Inquiries on the Regulations can be made by emailing interdiction-prohibition@ec.gc.ca or by phoning the Substances Management Information Line: at:
- 1-800-567-1999 (Toll free in Canada)
- 1-819-938-3232 (Outside of Canada)