Certain Products Containing Toxic Substances Regulations (SOR/2025-36)

General Provisions

Interpretation

Marginal note:Definition of regulated product

• 1 (1) For the purposes of these Regulations, regulated product means a product that belongs to a product category specified in section 13, 17 or 21 and that contains the toxic substance that is specified both in that section and on the list of toxic substances in Schedule 1 of the Canadian Environmental Protection Act, 1999.

• Marginal note:Product category

  (2) For the purposes of these Regulations, a product belongs to a product category if, according to information on its container or included in any documentation relating to the product that is made available by the manufacturer or importer or their authorized representative, the product may be used as a product that belongs to that category.

Non-application

Marginal note:Non-application

2 These Regulations do not apply to waste or a product that is at the end of its useful life and that is to be recycled.

Permits

Marginal note:Application

• 3 (1) A manufacturer or importer who wishes to obtain a permit referred to in paragraph 14(a), 18(a) or 22(b) must submit an application to the Minister in accordance with sections 8 and 9 that contains the following information and documents:

  • (a) respecting the applicant,

    • (i) their name, civic and postal addresses, telephone number, email address and, if any, business number assigned by the Minister of National Revenue, and

    • (ii) if applicable, the name, title, civic and postal addresses, telephone number and email address of their duly authorized representative;

  • (b) respecting the regulated product,

    • (i) its common or generic name and, if any, trade name and trademark,

    • (ii) the product category, any information establishing that the regulated product belongs to that category and the part of these Regulations that applies in respect of the product,

    • (iii) the total quantity and concentration of the toxic substance contained in the regulated product and the units of measurement used to express that quantity and concentration,

    • (iv) the estimated quantity of the regulated product to be manufactured, imported or sold, as the case may be, by the applicant in each calendar year of the validity period of the permit requested under paragraph (e) and, if applicable, the unit of measurement used to express that quantity, and

    • (v) an identification and description of its intended use and any of its other potential uses;

  • (c) evidence — along with all supporting documents — that, at the time of the application, it is not technically or economically feasible for the applicant to use an alternative to or a substitute for the regulated product or the toxic substance contained in the regulated product that

    • (i) achieves a similar result as would be achieved by using the toxic substance, and

    • (ii) has a less harmful effect on the environment or on human health than the toxic substance;

  • (d) a plan that identifies and describes

    • (i) the measures that the applicant will take to minimize or eliminate any harmful effect that the toxic substance contained in the regulated product has or may have on the environment and human health, including measures to ensure that the toxic substance is handled and transported safely and is not released into the environment during normal use of the regulated product and at the end of its useful life, and

    • (ii) the measures that the applicant will take to, within a stated period, eliminate the toxic substance contained in the regulated product or reduce its concentration to the point that these Regulations no longer apply to the product; and

  • (e) the requested validity period for the permit which must not exceed three years with reasons for that requested period.

• Marginal note:Clarifications

  (2) The Minister may, on receiving the application, require any clarifications respecting the information or documents provided that are necessary for the application to be processed.

• Marginal note:Notice of change to information

  (3) The applicant must notify the Minister in accordance with sections 8 and 9 of any change to the information and documents provided under this section and must do so within 30 days after the day on which the change occurs.

Marginal note:Issuance

• 4 (1) The Minister may issue only one permit per regulated product to each applicant.

• Marginal note:Conditions

  (2) Subject to subsection (3), the Minister must issue the permit if the following conditions are met:

  • (a) the applicant has established that, at the time of the application, it is not technically or economically feasible for them to use an alternative to or a substitute for the regulated product or the toxic substance contained in the regulated product that

    • (i) achieves a similar result as would be achieved by using the toxic substance, and

    • (ii) has a less harmful effect on the environment or on human health than the toxic substance; and

  • (b) the applicant has submitted the plan referred to in paragraph 3(1)(d) and that plan identifies and describes

    • (i) measures that can reasonably be considered to minimize or eliminate any harmful effect that the toxic substance contained in the regulated product has or may have on the environment and human health, including measures to ensure that the toxic substance is handled and transported safely and is not released into the environment during normal use of the regulated product and at the end of its useful life, and

    • (ii) measures that can reasonably be considered to, within a stated period, eliminate the toxic substance contained in the product or reduce its concentration to the point that these Regulations no longer apply to the product.

• Marginal note:Refusal

  (3) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application;

  • (b) the information and documents required under section 3 have not been provided or are insufficient to enable the Minister to process the application; or

  • (c) the Minister has reasonable grounds to believe that, if the permit were issued, the manufacturing, importing or selling, as the case may be, of the regulated product would pose a threat of serious or irreversible damage to the environment or human health or would not contribute to sustainable development.

• Marginal note:Expiry

  (4) Unless the permit is renewed under subsection 5(3), it expires on the day indicated in the permit, which must not be later than three years after the day on which the permit is issued.

Marginal note:Renewal of permit

• 5 (1) A permit may be renewed only once and for a period of not more than three years.

• Marginal note:Renewal application

  (2) A renewal application must be submitted in accordance with section 3 at least 90 days before the day on which the permit expires and must contain

  • (a) the information and documents specified in paragraphs 3(1)(a) to (e);

  • (b) the permit number;

  • (c) the actual quantity of the regulated product that was manufactured, imported or sold, as the case may be, by the applicant in each calendar year of the validity period of the permit and, if applicable, the unit of measurement used to express that quantity; and

  • (d) information about the implementation of the plan that was contained in the original application for a permit under paragraph 3(1)(d), including — if that plan was not fully implemented — an explanation of why it was not fully implemented and how the applicant will ensure that the plan contained in the renewal application will be fully implemented within the period referred to in subparagraph 3(1)(d)(ii) .

• Marginal note:Renewal or refusal

  (3) The Minister must renew the permit if the conditions set out in paragraphs 4(2)(a) and (b) are met and must refuse to renew the permit in any of the circumstances set out in paragraphs 4(3)(a) to (c).

Marginal note:Grounds for revocation

• 6 (1) The Minister must revoke a permit if

  • (a) the permit holder requests the revocation;

  • (b) the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information; or

  • (c) the permit holder has not, for reasons within their control and to the extent feasible, implemented the plan that was contained in the permit application.

• Marginal note:Conditions for revocation

  (2) Before revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.

Accredited Laboratory

Marginal note:Accredited laboratory

• 7 (1) Any analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

  • (a) it is accredited

    • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

    • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

  • (b) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.

• Marginal note:Standards of good practice

  (2) If no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of the toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.

Format for Submission

Marginal note:Certification

8 Any information or document that is submitted to the Minister under these Regulations must be accompanied by a certification, dated and signed by the individual submitting the information or document, or by their authorized representative, stating that the information or document is accurate and complete.

Marginal note:Electronic submission

• 9 (1) Any information or document submitted to the Minister under these Regulations must be submitted electronically in a format that is compatible with the format used by the Minister.

• Marginal note:Electronic signature

  (2) If the certification referred to in section 8 is submitted electronically, it may be signed electronically.

• Marginal note:Paper submission

  (3) Despite subsection (1), if it is not feasible for a person to submit information or a document electronically in accordance with that subsection due to circumstances beyond their control, they may submit the information or document on paper in the format specified by the Minister. If the Minister has not specified a format, the person may submit the information or document in any format.

Record Keeping

Marginal note:Records

• 10 (1) Subject to sections 16 and 20, the following persons must maintain records:

  • (a) any person who manufactures or imports a regulated product; and

  • (b) any person who sells a regulated product for export only.

• Marginal note:Information

  (2) The records must be maintained in English or French or both languages and must contain the following information and all supporting documents:

  • (a) in the case of a manufacturer,

    • (i) the regulated product’s common or generic name and, if any, trade name and trademark,

    • (ii) the product category to which the regulated product belongs, any information establishing that the regulated product belongs to that category, the part of these Regulations that applies in respect of the product and, if the regulated product is an aerosol or liquid, or if it is in a pump-spray container, a statement to that effect,

    • (iii) the date of the regulated product’s manufacture,

    • (iv) the quantity of the regulated product manufactured at each manufacturing plant and, if applicable, the unit of measurement used to express that quantity,

    • (v) the total quantity and concentration of the toxic substance contained in the regulated product and the units of measurement used to express that quantity and concentration, and

    • (vi) if applicable, the results of any analysis conducted to determine the concentration of the toxic substance in the regulated product, either as diluted in accordance with the manufacturer’s written instructions — in the case of a product that is to be diluted — or as it is manufactured, as well as any supporting documents related to the analysis and the name and civic address of the laboratory that performed the analysis;

  • (b) in the case of an importer,

    • (i) the regulated product’s common or generic name and, if any, trade name and trademark,

    • (ii) the product category to which the regulated product belongs, any information establishing that the regulated product belongs to that category, the part of these Regulations that applies in respect of the product and, if the product is an aerosol or liquid, or if it is in a pump-spray container, a statement to that effect,

    • (iii) the date on which the regulated product was imported and the port of entry,

    • (iv) the quantity of the regulated product imported and, if applicable, the unit of measurement used to express that quantity,

    • (v) the total quantity and concentration of the toxic substance contained in the regulated product and the units of measurement used to express that quantity and concentration,

    • (vi) if applicable, the results of any analysis conducted to determine the concentration of the toxic substance in the regulated product, either as diluted in accordance with the manufacturer’s written instructions — in the case of a product that is to be diluted — or as it is manufactured, as well as any supporting documents related to the analysis and the name and civic address of the laboratory that performed the analysis,

    • (vii) the name, civic and postal addresses, telephone number and email address of the principal place of business of the shipper,

    • (viii) the Harmonized Commodity Description and Coding System number for the regulated product, as set out in the Customs Tariff, and

    • (ix) the business number assigned to the importer by the Minister of National Revenue; and

  • (c) in the case of a person who sells a regulated product,

    • (i) the regulated product’s common or generic name and, if any, trade name and trademark,

    • (ii) the quantity of the regulated product sold and, if applicable, the unit of measurement used to express that quantity, and

    • (iii) the date of sale of the regulated product.

• Marginal note:Timeline

  (3) The records must be made no later than 30 days after the day on which the information or documents become available.

• Marginal note:Retention of records

  (4) The records must be kept for a period of at least five years after the day on which they are made.

Marginal note:Retention of information submitted to Minister

11 Any person who submits information or documents to the Minister under these Regulations must keep a copy of that information or those documents for a period of at least five years after the day on which the information or documents are submitted.