Polybrominated Diphenyl Ethers and the Prohibition of Certain Toxic Substances Regulations, 2012

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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 them are subject to the Prohibition of Certain Toxic Substances Regulations, 2012 (the Regulations) as amended in 2016, under the Canadian Environmental Protection Act, 1999. These substances were controlled in Canada under the former Polybrominated Diphenyl Ethers Regulations, which have since been incorporated into the Prohibition of Certain Toxic Substances Regulations, 2012.

Prohibited activities

The Regulations prohibit the import, manufacture, use, sale and offer for sale of PBDEs, and products containing them, with a limited number of exemptions. This prohibition is in effect as of December 23rd, 2016, which is when the Regulations come into force.

Exemptions

The Regulations do not prohibit:

  • The import, manufacture, use, sale and offer for sale of PBDEs or a product containing them, if PBDEs are incidentally presentFootnote 1 [subsection 4(1)]
  • The import, manufacture, use, sale or offer for sale of manufactured itemsFootnote2 containing PBDEs [subsection 4(2)]
  • The use, sale or offer for sale of:
    • Products containing decaBDE that were manufactured or imported before the Regulations come into force [subsection 5(2)]
    • DecaBDE that was imported in accordance with a permit (section 8)
    • Products that contain decaBDE that were manufactured or imported in accordance with a permit (section 8)

Permits

  • A permit is required to continue importing decaBDE and/or products containing it once the Regulations come into force [subsection 9(2) and article 16].
  • Manufacturers or importers may apply to the Minister for a permit by submitting the information referred to in Schedule 4 [subsection 9(4)] before the prohibition comes into effect.
  • Such permits, if granted, expire 12 months after they are issued, and can be renewed twice, for the same activity [subsection 10(3)].

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 [subsection 3(1)].
  • Users of any listed toxic substance or product containing it for the above purposes are required to report the information set out in Schedule 3 to the Minister before the use of more than 10 grams of each substance each calendar year [subsections 3(2) and 3(3)].

See also

More information on the Prohibition of Certain Toxic Substances Regulations, 2012 can be found on the CEPA Registry.

Questions? Require assistance?

Inquiries on the Prohibition Regulations can be made by emailing ec.interdiction-prohibition.ec@canada.ca or by phoning the Environment and Climate Change Canada Inquiry Centre at:

1-800-668-6767 (in Canada only) or 819-938-3860
Fax: 819-938-9423

Disclaimer

This factsheet is not to be construed as a legal document. Any discrepancy between this document and the Canada Gazette, Part II (CGII) published text and/or the Justice Canada regulatory text, the CGII and Justice Canada text prevails.

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