On February 26, 2025, the Government of Canada enacted the Certain Products Containing Toxic Substances Regulations under the Canadian Environmental Protection Act, 1999 (CEPA). The Regulations establish a framework to control products containing toxic substances listed in Schedule 1 of CEPA, with the objective of protecting the environment and human health.
Scope and Application
The Regulations apply to “regulated products” within specified product categories that contain listed toxic substances.
Currently, the Regulations target the following types of products containing toxic substances:
Certain sealant products containing coal tars and their distillates.
Certain sealant products containing polycyclic aromatic hydrocarbons (PAH).
Certain products containing 2-BE.
Permits: sample permit application form can be found in the Compliance guide
Manufacturers and importers may apply for a permit to manufacture, import, or sell regulated products where:
No technically or economically feasible safer alternative exists; and
A plan is submitted outlining measures to minimize harm and to eliminate or reduce the toxic substance over time
Permits application:
Are issued by the Minister
Are valid for up to three years (renewable once)
May be refused or revoked where risks to health or the environment are identified or where compliance requirements are not met
The Minister may request additional information to process applications,
Key Compliance Obligations
Regulated parties must:
Maintain detailed records (manufacture, import, concentration of toxic substances, testing data, etc.) for at least five years
Ensure testing is conducted by accredited laboratories (e.g., ISO/IEC 17025)
Submit required information electronically, with certification of accuracy
Notify the Minister of any changes to submitted information
The following links provide you with more information:
Should you have any questions, do not hesitate to contact our consulting team at [email protected].