G/TBT/N/CAN/443
24 April 2015
(15-2200)
Page: 1/2
Committee on Technical Barriers to Trade
Original: English/French
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6
1.
Notifying Member: CANADA
If applicable, name of local government involved (Article 3.2 and 7.2):
2.
Agency responsible: Department of the Environment and Department of Health
Name and address (including telephone and fax numbers, email and website
addresses, if available) of agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:
Canada's SPS & TBT Notification Authority and Enquiry Point
Foreign Affairs, Trade and Development Canada
Technical Barriers and Regulations Division (TIB)
111 Sussex Drive, Ottawa, ON K1A 0G2
Canada
Telephone: (343)203-4273
Fax: (613)943-0346
E-mail: enquirypoint@international.gc.ca
3.
Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:
4.
Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable): Toxic substances
(ICS: 13.020)
5.
Title, number of pages and language(s) of the notified document: Regulations
Amending the Prohibition of Certain Toxic Substances Regulations, 2012 (25 pages, available
in English and French)
6.
Description of content: The proposed Regulations Amending the Prohibition of Certain
Toxic Substances Regulations, 2012 (the proposed amendments) would address different
issues with respect to Canada's management of five toxic substances to reduce harmful
releases to the environment. These five substances are:
1)
2)
3)
4)
5)
Hexabromocyclododecane (HBCD)
Perfluorooctanoic acid, its salts, and its precursors (PFOA)
Long-chain perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs)
Polybrominated diphenyl ethers (PBDEs), and
Perfluorooctane sulfonate (PFOS)
The objectives of the proposed amendments are to:

protect the Canadian environment and provide regulatory certainty by preventing
the manufacture, use, sale, offer for sale, or import of HBCD, PFOA, LC-PFCAs,
PBDEs, and PFOS;

streamline regulations under CEPA 1999 pertaining to the control of toxic substances
through the update of existing regulatory controls for PBDEs and PFOS by adding
these two substances to the Prohibition Regulations 2012 and repealing the
regulations under which they are currently managed.
G/TBT/N/CAN/443
-2The final screening assessments conducted in 2012 by Environment Canada concluded that
HBCD, PFOA, and LC-PFCAs are toxic to the environment under the Canadian
Environmental Protection Act, 1999 (CEPA 1999). Currently, there are no risk management
instruments in place respecting preventive or control actions for HBCD in Canada. In the
case of PFOA and LC-PFCAs, early risk management actions have been taken.
In addition, the proposed amendments provide an opportunity to amend and update
existing regulatory controls under CEPA 1999 pertaining to PBDEs and PFOS.
The proposed amendments also include administrative changes to the Prohibition of
Certain Toxic Substances Regulations, 2012 (the Prohibition Regulations 2012),
G/TBT/N/CAN/340.
The Prohibition Regulations 2012, which were developed under CEPA 1999, came into
force on 14 March 2013. They prohibit the manufacture, use, sale, offer for sale, or import
of specified toxic substances and products that contain these substances, with some
exemptions.
7.
Objective and rationale, including the
applicable: Protection of the environment
nature
of
urgent
problems
where
8.
Relevant documents: Canada Gazette, Part I, 4 April 2015, pages 748-772 (available in
English and French)
9.
Proposed date of adoption: Not stated
Proposed date of entry into force: These Regulations come into force on the day that is
three months after the day on which they are registered. Transitional Provision Section 11 of
the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, as it
read immediately before the day on which these Regulations come into force, continues to
apply until 31 March 2019 to any person to whom section 9 of those Regulations applies.
10.
Final date for comments: 18 June 2015
11.
Texts available from: National enquiry point [X] or address, telephone and fax
numbers and email and website addresses, if available, of other body:
The electronic version of the proposed amendments can be downloaded at:
http://www.gazette.gc.ca/rp-pr/p1/2015/2015-04-04/pdf/g1-14914.pdf
http://www.gazette.gc.ca/rp-pr/p1/2015/2015-04-04/html/reg2-eng.php
http://www.gazette.gc.ca/rp-pr/p1/2015/2015-04-04/html/reg2-fra.php