Canada Environmental Protection Act and the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270)

The Canadian Environmental Protection Act, 1999 (CEPA) serves as Canada’s main federal framework for managing substances that may harm the environment or human health. Under CEPA, Canada published the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270) on December 31, 2025, and Canada plans to bring them into force on June 30, 2026, replacing the 2012 version. These Regulations prohibit the manufacture, use, sale, offer for sale, and import of listed toxic substances (and certain products that contain them). They also set specific authorized activities, define incidental presence thresholds, clarify laboratory reporting expectations, and create permit pathways for certain time-limited cases.

The Enviropass Approach for CEPA Compliance

Enviropass is a Canada-based consulting company serving manufacturers and importers worldwide. We help you build practical CEPA compliance workflows—screening materials, validating exemptions and thresholds, preparing documentation, and supporting reporting and due diligence aligned with federal requirements.

What is the Canada Environmental Protection Act?

The Canadian Environmental Protection Act (CEPA) ranks among Canada’s most significant environmental laws supporting sustainable development. CEPA emphasizes pollution prevention and protects the environment and human health through the assessment and management of chemical substances, especially those CEPA identifies as toxic.

Reporting Obligations Under CEPA

CEPA compliance involves more than restrictions. CEPA also uses information-gathering and reporting tools, such as notices and surveys, that can affect many organizations.

Section 46 CEPA - Plastics Survey

Under CEPA section 46, Environment and Climate Change Canada can require information on substances and products through notices—one major example is the Federal Plastics Registry (FPR). Phase 1 guidance confirms that reporting is implemented gradually, and that the deadline to submit Phase 1 reports is September 29, 2025 (for 2024 data).

The FPR supports waste reduction and circular economy goals by collecting consistent national data on plastics placed on the market and managed at end-of-life. Reporting obligations and definitions (including “producer” concepts, categories, and methodologies) are defined in the official FPR notice and guidance.

Section 71 CEPA - Annual Declarations of Chemicals

Section 71 of CEPA enables the government to require information from companies that manufacture, import, or use substances (including in mixtures, products, and manufactured items), when that information is needed to assess exposure, risk, and management options.

A high-profile example is the PFAS section 71 notice: guidance explains it applies to 312 PFAS substances, with a reporting deadline of January 29, 2025 (for calendar year 2023 information, per the notice).

In practice, section 71 notices define:

Which substances are in scope (often via schedules/lists),
Who must report (based on activity types),
Thresholds and triggers (which can vary by substance and use),
The reporting format (often an Excel reporting file), and
Deadlines and extension rules.

Introduction to the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270)

The Prohibition of Certain Toxic Substances Regulations, 2025 target some of the most harmful substances—often persistent and bioaccumulative—by prohibiting core commercial activities involving those substances and certain products that contain them.

When do the 2025 Regulations apply?

The Regulations apply to toxic substances that are:

on the CEPA Schedule 1 toxic substances list, and
listed in Schedule 1 of SOR/2025-270 (and to products containing them).

SCCPs Restriction (Chlorinated Alkanes C10–C13)

Short-chain chlorinated paraffins (SCCPs; chlorinated alkanes with 10 ≤ n ≤ 13) appear in Schedule 1. The Regulations create a narrow authorized activity pathway focused on the use or sale of products manufactured in Canada or imported before March 14, 2013.
This date-based structure helps manage legacy products while blocking reintroduction through ongoing manufacturing or importing.

PFOS, PFOA, LC-PFCAs, PBDEs, HBCD and why the 2025 Regulations matter

The 2025 Regulations continue to address substances that persist and bioaccumulate—and that show up across electronics, plastics, textiles, foams, and industrial applications. Federal registry information indicates that the 2025 framework also tightens controls for several already-managed substances by removing or limiting certain activities.

Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270)

The 2025 Regulations maintain and strengthen controls on substances Canada describes as among the most harmful. They cover substances that Canada restricted for many years and substances that Canada prohibited more recently, sometimes with limited exemptions for critical uses.

In product compliance work, supply chains commonly encounter:

PFOS
PFOA
Long-chain PFCAs (LC-PFCAs)
PBDEs
HBCD
and other flame retardants referenced in federal materials (e.g., DBDPE and Dechlorane Plus).

A key operational point: the Regulation’s Schedule 1 defines whether each substance triggers a prohibition or an authorized activity—and it adds conditions and time limits substance-by-substance. As a result, two companies may both face “PBDE risk” but see different compliance outcomes depending on:

product category (EEE vs. other manufactured items),
whether the substance is intentionally used or present only in trace amounts, and
any applicable conditions or time limits.

Why does CEPA regulate PFAS under the Prohibition of Certain Toxic Substances Regulations?

PFASs are Used Virtually Everywhere

PFAS are a large group of human-made chemicals valued for their resistance to water, oil, and heat. PFAS may be present across many product categories, for example:

Wire and cable components,
Coatings and surface treatments,
Fire-fighting foams,
Textiles and upholstery,
Food packaging and processing equipment,
Cookware and industrial applications.

Three well-known PFAS examples historically managed under CEPA frameworks include:

PFOS (perfluorooctane sulfonate),
PFOA (perfluorooctanoic acid), and
Long-chain PFCAs (LC-PFCAs).

Environmental Concerns with PFAS

Many people call PFAS “forever chemicals” because many PFAS persist in the environment. CEPA’s approach typically combines information-gathering (e.g., section 71 notices) with risk management instruments such as prohibition regulations.

Rising cholesterol levels
Changing enzymes in the liver
Increasing risk of kidney or testicular cancer
Raising blood pressure, especially in pregnant women, which leads to hypertension and preeclampsia disease
Reducing vaccine efficiency in children
Rising risk of thyroid disease

They are known as “Forever Chemicals” due to their persistently long life in the environment. They are classified as PBTs and raise considerable environmental concerns. Furthermore, scientists have detected PFASs in drinking water, municipal wastewater, and landfills.

Therefore, the Government of Canada has prohibited these dangerous substances through various regulations, including the previously mentioned Prohibition of Certain Toxic Substances Regulations, 2012.

Polybrominated diphenyl ethers (PBDEs)

PBDEs are brominated flame retardants. Various products have historically contained PBDEs, including:

electrical and electronics,
furniture,
building materials,
automobiles and airplanes,
plastics, and
textiles.

Product teams often track PBDEs alongside global electronics requirements (like RoHS), but CEPA’s prohibition framework can extend beyond an “EEE-only” mindset.

For example, such regulations in the electrical and electronic industry often fall under RoHS regulations:

EU RoHS
China RoHS
India RoHS
Saudi Arabia RoHS
United Arab Emirate RoHS

Hexabromocyclododecane (HBCD)

HBCD is another brominated flame retardant. In Canada, the application of this substance is limited to the automotive sector. However, some products made from recycled plastics may contain small amounts of HBCD. Moreover, the building and construction industry and electronics have historically utilized this substance in their operations.
They are dangerous to the environment due to their toxicity, persistence, and bioaccumulation characteristics. Consequently, this chemical has been on the Substance of Very High Concern (SVHC) list under the European REACH regulation since October 28th, 2008.

Decabromodiphenyl Ethane (DBDPE)

DBDPE is an additive flame retardant that can be used in plastics, rubber materials, and certain electrical/electronic applications. Federal materials describing the 2025 framework identify DBDPE among substances addressed under the prohibition regulations approach.

Plastic (primarily thin plastics) and rubber materials
Electrical and electronic products (DBDPE is very common in electronics), and
Adhesives and sealants.

DBDPE poses a risk of harm to the environment. Indeed, the environmental degradation of DBDPE is slow and could produce persistent and bioaccumulative substances which are specifically very toxic to aquatic organisms. In addition, several studies have demonstrated the harmful effects of DBDPE on the liver, thyroid, reproduction, and neurons of animals.

Dechlorane plus (DP)

DP is an organic substance used as a flame-retardant additive to slow the start or spread of fire. Many applications use this substance, such as:

Electrical and electronics products (e.g., Wire and cable coating),
Appliances,
Automotive,
Plastics (e.g., Nylon, Polyolefin heat shrink, EPDM), etc.

DP may cause adverse effects on the environment due to its persistence and bioaccumulation characteristics.

Hence, in January 2018, European Chemical Agency (ECHA) recognized DP as a substance of very high concern (SVHC) under the REACH regulation.

Beyond CEPA

Depending on product type and sector, other Canadian regulations may also apply—such as energy efficiency requirements and other federal or provincial obligations.

CEPA FAQs

What is SOR/2025-270?

SOR/2025-270 is the Prohibition of Certain Toxic Substances Regulations, 2025, issued under CEPA (1999). It sets restrictions that can prohibit the manufacture, use, sale, offer for sale, and import of certain toxic substances and, in some cases, products that contain them.

Who needs to comply with the Prohibition of Certain Toxic Substances Regulations?

These rules can affect manufacturers, importers, distributors, and sellers of products in Canada—especially if products may contain restricted substances in plastics, foams, coatings, wire/cable, textiles, or electronics.

How do I know if a substance in my product is “prohibited” or allowed?

The Regulations list substances and specify whether an activity is prohibited or whether there is an authorized activity (with conditions and sometimes time limits). Compliance depends on the substance, the product type, and the specific conditions described in the Regulation.

Do I need lab testing to comply?

Not always. Many companies start with supplier declarations and material documentation. Testing becomes important when:

supplier data is missing or unreliable,
recycled content is used, or
your risk screening suggests a realistic chance the substance could exceed an applicable threshold.

What records should I keep for CEPA compliance?

A strong compliance file usually includes: supplier declarations, bills of materials/material specs, any test reports used to confirm concentration, and internal decision records showing how you determined applicability (including product category and any authorized activity conditions).