Prohibition of Certain Toxic Substances Regulations, 2012: overview

These Regulations prohibit the manufacture, use, sale, offer for sale and import of certain toxic substances, and products containing them, with a limited number of exemptions.

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 the Canadian Environmental Protection Act, 1999.

The substances prohibited by these Regulations are some of the most harmful. They were declared toxic to the environment and/or human health under the Canadian Environmental Protection Act, 1999 (CEPA), and are generally persistent and bioaccumulative.

Since their creation in 1996, these Regulations have been amended or republished multiple times to add or remove substances, or to remove exemptions. They include:

• substances that have been prohibited for many years, preventing their re-introduction into commerce
• substances that have been recently prohibited, some with exemptions to accommodate critical uses that could not immediately be phased out

On December 31, 2025, the Prohibition of Certain Toxic Substances Regulations, 2025 were published in the Canada Gazette, Part II, vol 159, no. 27 - Dec 31, 2025.

The Prohibition of Certain Toxic Substances Regulations, 2012 (2012 Regulations) will be repealed and replaced by the Prohibition of Certain Toxic Substances Regulations, 2025 (2025 Regulations) when the 2025 Regulations come into force on June 30, 2026. Both these Regulations are made under the authority of the Canadian Environmental Protection Act, 1999.

On May 14, 2022, the proposed Prohibition of Certain Toxic Substances Regulations, 2022 were published in the Canada Gazette, Part I, Vol. 156, No. 20 - May 14, 2022 for a 75-day public comment period. Comments were considered in the development of the final regulations. Comments and the Government's responses are summarized in the Regulatory Impact Analysis Statement of the final regulations. Responses to Notices of Objections and requests for the establishment of a board of review received will be available in the Canadian Environmental Protection Act Registry.

On February 13, 2025, the Consultation Document on the Risk Management of Short-chain (SCCAs), Medium-chain (MCCAs) and Long-chain chlorinated (LCCAs) alkanes was published. This consultation document intends to (1) inform stakeholders and solicit comments on the proposed regulatory approach to prohibit the manufacture, import, use and sale of MCCAs and LCCAs up to 20 carbon atoms, and products containing them through their addition to the Prohibition of Certain Toxic Substances Regulations, 2012; (2) solicit information regarding concentration thresholds for SCCAs and MCCAs; and (3) outline and solicit comments on the proposed regulatory approach to control the exports of SCCAs, MCCAs and LCCAs up to 20 carbon atoms through their addition to the Export Control List (ECL) in Schedule 3 to CEPA.

The publication of the consultation document is followed by a 60-day comment period from February 13, 2025, to April 14, 2025. Comments and information received during the comment period will be considered in the development of risk management actions for chlorinated alkanes.

Both these Regulations are also the main tool to implement Canada’s obligations for industrial chemicals under the Stockholm Convention on Persistent Organic Pollutants.

These Regulations only apply to certain toxic substances that are included on the List of Toxic Substances (Schedule 1 of CEPA).

• Certain groups of per- and polyfluoroalkyl substances (PFAS):
  • Perfluorooctanoic acid, which has the molecular formula C₇F₁₅CO₂H (PFOA) and its salts
  • Compounds that consist of a perfluorinated alkyl group that has the molecular formula C_nF_2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom (PFOA precursors)
  • Perfluorocarboxylic acids that have the molecular formula C_nF_2n+1CO₂H in which 8 ≤ n ≤ 20 (LC-PFCAs) and their salts
  • Compounds that consist of a perfluorinated alkyl group that has the molecular formula C_nF_2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom (LC-PFCA precursors), including 4 fluorotelomer-based substances:
    • Hexane, 1,6-diisocyanato-, homopolymer, reaction products with alpha-fluoro-omega-2- hydroxyethyl-poly(difluoromethylene), C16-20-branched alcohols and 1-octadecanol
    • 2-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, gamma-omega-perfluoro-C10-16-alkyl acrylate and stearyl methacrylate
    • 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with butyl 2-propenoate and 2,5 furandione, gamma-omega-perfluoro-C8-14-alkyl esters, tert-Bu benzenecarboperoxoate-initiated
    • 2-Propen-1-ol, reaction products with pentafluoroiodoethane tetrafluoroethylene telomer, dehydroiodinated, reaction products with epichlorohydrin and triethylenetetramine
  • Perfluorooctane sulfonate (PFOS) and its salts
  • Compounds that contain one of the following groups: C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N (PFOS precursors)
• Hexabromocyclododecane, which has the molecular formula C₁₂H₁₈Br₆ (HBCD)
• Polybrominated diphenyl ethers that have the molecular formula C₁₂H_(10-n)Br_nO in which 4 ≤ n ≤ 10 (PBDEs)
• Chlorinated alkanes, that have the molecular formula C_nH_xCl_(2n+2-x) in which 10 ≤ n ≤ 13 (short-chain chlorinated alkanes)
• Tributyltins, which contain the grouping (C₄H₉)₃Sn (TBTs)
• Polychlorinated naphthalenes, which have the molecular formula C₁₀H_8-nCl_n in which “n” is greater than 1 (PCNs)
• 2-Methoxyethanol, which has the molecular formula C₃H₈O₂ (2-ME)
• Pentachlorobenzene, which has the molecular formula C₆HCl₅ (PeCB)
• Tetrachlorobenzenes, which have the molecular formula C₆H₂Cl₄ (TeCB)
• Dichlorodiphenyltrichloroethane, which has the molecular formula C₁₄H₉Cl₅ (DDT)
• Hexachlorobutadiene, which has the molecular formula C₄Cl₆ (HCBD)
• N-Nitrosodimethylamine, which has the molecular formula C₂H₆N₂O (NDMA)
• Benzidine and benzidine dihydrochloride, which have the molecular formula C₁₂H₁₂N₂ and C₁₂H₁₂N_2^•2HCl, respectively
• Hexachlorobenzene (HCB)
• (4-Chlorophenyl)cyclopropylmethanone, O-[(4-nitrophenyl)methyl]oxime that has the molecular formula C₁₇H₁₅ClN₂O₃ (NCC ether)
• Chloromethyl methyl ether that has the molecular formula C₂H₅ClO (CMME)
• Bis(chloromethyl) ether that has the molecular formula C₂H₄Cl₂O (BCME)
• Polychlorinated terphenyls that have a molecular formula C₁₈H_(14-n)Cl_n in which "n" is greater than 2 (PCT)
• Polybrominated biphenyls that have the molecular formula C₁₂H_(10-n)Br_n in which "n" is greater than 2 (PBB)
• Dodecachloropentacyclo [5.3.0.0^2,6.0^3,9.0^4,8] decane (Mirex)

These substances are listed on the Substances Search Tool and are associated with a non-exhaustive number of Chemical Abstracts Service registry numbers (CAS RNs) that are known to represent them. Please note that if a substance meets the definition in the Regulations, the Regulations apply whether the specific CAS RN is listed in the Substances Search Tool or not.

These Regulations include a limited number of general and substance-specific exemptions. In a few cases, these exemptions include reporting requirements.

These Regulations do not apply to certain products or activities, regardless of the substance involved.

• incidental presence (subsections 4(1) and 6(1))
  • for the purpose of these Regulations, incidental presence is generally understood to be a residual, trace contaminant or impurity that was not intentionally added to the formulation.
• laboratory use (section 3)
• hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies (section 2)
• pest control products (section 2)
• non-emissive or destructive uses of chemical feedstock (section 2)

There are also a limited number of substance-specific exemptions that allow the manufacture, use, sale, offer for sale or import of substances and/or products containing them.   

For more details about the exemptions, please read the Regulations.

You are responsible to comply with all aspects of these Regulations. Each person is best placed to determine how these Regulations may affect their activities. The measures you take to ensure compliance will vary according to your activities.

Some measures you may take include:

• checking with your supply chain
• familiarizing yourself with the substances that are listed to these Regulations
• reviewing manufacturing formulations, engineering specifications, safety data sheets and other available documentation
• asking your suppliers for certification that the products are not made with prohibited substances
• if you import substances or products in which the presence of a prohibited substance has been detected, verifying with your suppliers whether the presence is incidental or if a specific exemption applies, and maintaining records accordingly
• specifying the absence of prohibited substances in your contracting documents
• having your substances or products periodically tested
• maintaining records that demonstrate your efforts to comply with these Regulations

These actions are not requirements of the Regulations; they are provided as examples for guidance purposes only.

CEPA and its regulations, including the Prohibition of Certain Toxic Substances Regulations, 2012, are enforced in accordance with the Compliance and Enforcement Policy for CEPA.

Importers must comply with all relevant requirements of these Regulations. Depending on the substance, prohibited items can include:

• consumer products
• industrial products
• intermediary articles used in manufacturing
• chemical or recycled material feedstock

Substances and/or products containing them that are prohibited in Canada may still be legally manufactured or used in other countries. Importers must therefore take the necessary precautions to avoid imports that may lead to accidental regulatory violations.

Below are some examples of imported products that may be more likely to contain prohibited substances, due to their ongoing use in other countries. However, these are only examples and other substances that are prohibited by these Regulations may also be found in imported products. As an importer, it is your responsibility to ensure that your products comply with these Regulations.

In addition, note that certain substances subject to these Regulations are also listed on the Export Control List (Schedule 3 of CEPA) and their export is controlled by the Export of Substances on the Export Control List Regulations, whether or not they are contained in a product.

These Regulations do not apply to toxic substances or to any products containing them that are to be used:

• in a laboratory for analysis
• in scientific research
• as a laboratory analytical standard

However, all exempted laboratory users have reporting requirements if they are using more than 10 g of any toxic substances in a calendar year. The report(s) must clearly provide the information required, including:

• each proposed or actual use
• the anticipated period of use
• the quantities to be used per calendar year (January 1st to December 31st)

Aqueous film-forming foam, better known as AFFF, is a synthetic fire-fighting foam. It contains hydrocarbon-based surfactants and fluorinated surfactants that quickly extinguish hydrocarbon fuel fires. It is mainly used by municipal fire services, in civil and military aviation, and in the chemical and oil industries.

The following PFAS and their precursors may be used as fluorinated surfactants in AFFF:

• PFOS, its salts, and precursors
• PFOA, its salts, and precursors
• LC-PFCAs, their salts, and precursors

In Canada, regulations have restricted PFOS since 2008, and PFOA and LC-PFCAs since 2016. Exemptions were included to accommodate the transition to alternatives and the residual levels of these substances left over in fire-fighting equipment from their prior use.

These Regulations further restrict the use, sale and import of PFOS, PFOA and LC-PFCAs, and products containing them, with a limited number of time-limited exemptions for critical uses of AFFF.

More information on AFFF used in firefighting as well as exemptions for these products under these Regulations, and additional proposed risk management, can be found on the Per- and polyfluoroalkyl substances and aqueous film-forming foam used in firefighting webpage.

Any laboratory testing performed for the purposes of these Regulations, such as for compliance with these Regulations, must be carried out by a laboratory accredited under the standard ISO/IEC 17025 or under the Environment Quality Act, CQLR, c. Q-2. The laboratory must meet the following conditions at the time that the analysis to determine the concentration of the toxic substance is performed:

• if there is a method recognized by a standards development organization, the analysis must be included in the scope of the laboratory's accreditation, or
• if no method has been recognized by a standards development organization, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted.

For more detail, refer to section 13 of these Regulations.

Depending on the substance and activity, you may be subject to reporting requirements if:

• you are a laboratory that uses more than 10 g of a toxic substance or a product containing it, in a calendar year (Schedule 3 of the 2012 Regulations)
• you are a manufacturer or importer of short-chain chlorinated alkanes or benzidine and benzidine dihydro-chloride or products containing them, incidentally present or otherwise, above an annual reporting threshold (Schedule 5 of the 2012 Regulations)

A report must be submitted for every calendar year for the use or anticipated use of toxic substances.

For more details, refer to section 3 or 12 of the 2012 Regulations, respectively.

It is mandatory to keep records of all information submitted under these Regulations in Canada for a minimum of five years. For more details, refer to section 15 of these Regulations.

There are currently no permits available under the 2012 Regulations. When available, permits temporarily allow the manufacture or import of certain substances or products containing them (Schedule 4 of these Regulations). For more details, refer to sections 9, 10 and 11 of these Regulations. Please note that once the 2025 Regulations come into force on June 30, 2026, permits will be available for certain substances and certain activities.

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.

• Prohibition of Certain Toxic Substances Regulations, 2012
• Prohibition of Certain Toxic Substances Regulations, 2025
• Prohibition of Certain Toxic Substances Regulations, 2025: overview
• Risk management of chemical substances in Canada
• List of toxic substances (Schedule 1 of CEPA)
• Substances search
• Compliance and Enforcement Policy for CEPA
• Summary of flame retardant assessments and management conducted under CEPA
• Provincial, territorial, and international contacts
• Persistent organic pollutants: Stockholm Convention
• Export of Substances on the Export Control List Regulations

Chemicals Management Division
Environment and Climate Change Canada
351 St. Joseph Blvd, 10th floor
Gatineau QC  K1A 0H3

Email: interdiction-prohibition@ec.gc.ca

Substances Management Information Line:

• 1-800-567-1999 (Toll free in Canada)
• 1-819-938-3232 (Outside of Canada)

Write to us at the email above if you would like to be added to the Regulations distribution list.