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

Marginal note:Place of retention

• 12 (1) The records referred to in section 10 and all copies of the information and documents that were submitted to the Minister under these Regulations must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If they are kept at any other place in Canada where they can be inspected, the person must provide the Minister with the civic address of that place.

• Marginal note:Electronic form

  (2) Any records, information and documents that are kept electronically must be in a readily readable form.

• Marginal note:Change of address

  (3) If the civic address referred to in subsection (1) changes, the person must notify the Minister in accordance with sections 8 and 9 within 30 days after the change.

PART 1Sealant Products Containing Coal Tars and Their Distillates

Application

Marginal note:Application

13 This Part applies in respect of products that belong to any of the following categories of products containing coal tars and their distillates:

• (a) pavement sealant products;

• (b) roofing sealant products; and

• (c) sealant products for industrial use on metal, structural steel or concrete components or on pipelines or other buried services.

Prohibitions

Marginal note:Manufacture or import

14 A person must not, after October 1, 2025, manufacture or import a product that belongs to any of the categories specified in section 13 unless

• (a) the person holds a permit issued under subsection 4(2);

• (b) the product is manufactured for export only; or

• (c) the product is in transit through Canada, from a place outside Canada to another place outside Canada.

Marginal note:Sell

• 15 (1) A person must not, after December 31, 2025, sell a product that belongs to any of the categories specified in section 13 unless

  • (a) the product was manufactured or imported under a permit issued under subsection 4(2) and the sale occurs no later than one year after the expiry date of the permit; or

  • (b) the product is sold for export only.

• Marginal note:Temporary exception

  (2) Despite subsection (1), a person may, until July 1, 2028, sell any product that belongs to the category specified in paragraph 13(c).

Record Keeping

Marginal note:Delayed application

16 Section 10 does not apply in respect of a product that belongs to any of the categories specified in section 13 until October 1, 2025.

PART 2Sealant Products Containing Polycyclic Aromatic Hydrocarbons

Application

Marginal note:Application

17 This Part applies in respect of products that belong to any of the following categories of products containing polycyclic aromatic hydrocarbons, other than sealant products containing coal tars and their distillates:

• (a) pavement sealant products; and

• (b) roofing sealant products.

Prohibitions

Marginal note:Manufacture or import

18 A person must not, after October 1, 2025, manufacture or import a product that belongs to a category specified in section 17 and whose total concentration of polycyclic aromatic hydrocarbons exceeds 1,000 parts per million unless

• (a) the person holds a permit issued under subsection 4(2);

• (b) the product is manufactured for export only; or

• (c) the product is in transit through Canada, from a place outside Canada to another place outside Canada.

Marginal note:Sell

19 A person must not, after December 31, 2025, sell a product that belongs to a category specified in section 17 and whose total concentration of polycyclic aromatic hydrocarbons exceeds 1,000 parts per million unless

• (a) the product was manufactured or imported under a permit issued under subsection 4(2) and the sale occurs no later than one year after the expiry date of the permit; or

• (b) the product is sold for export only.

Record Keeping

Marginal note:Delayed application

20 Section 10 does not apply in respect of a product that belongs to any of the categories specified in section 17 until October 1, 2025.

PART 3Products Containing 2-Butoxyethanol

Application

Marginal note:Application

• 21 (1) This Part applies in respect of the products that belong to any categories of products set out in column 1 of the table to this subsection that contain 2-butoxyethanol, which has the molecular formula C₆H₁₄O₂, and that are for indoor use, except if they are for use

  • (a) in a manufacturing or processing activity;

  • (b) in a commercial activity as paints or coatings, including automobile refinish coatings;

  • (c) as a solvent in a laboratory for analysis;

  • (d) in scientific research; or

  • (e) as a laboratory analytical standard.

  	Column I	Column II
  Item	Product Category	Concentration Limit (% w/w)
  1	Automobile cleaner other than automobile degreaser or internal engine cleaner	10.0
  2	Rug or carpet cleaner	10.0
  3	Floor or baseboard stripper	2.0
  4	Paint stripper or thinner	0.5
  5	Laundry stain remover	22.0
  6	Any other aerosol cleaner that is not a pump-spray	5.0
  7	Any other non-aerosol cleaner	6.0
  8	Aerosol paint or coating other than a pump-spray	0.1
  9	Non-aerosol paint or coating	0.5

• Marginal note:Definition of cleaner

  (2) For the purposes of items 6 and 7 of the table to subsection (1), cleaner means a product to be used to degrease and clean glass, floors and other surfaces, including bathroom and kitchen surfaces, but does not include automobile degreasers.

Prohibitions

Marginal note:Manufacture or import

22 A person must not manufacture or import a product that belongs to any of the categories set out in column 1 of the table to subsection 21(1) if its concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that category unless

• (a) the product is to be diluted before it is used, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that category and that product is either labelled with or accompanied by those instructions in both official languages and those instructions would not result in dilution of the product to a concentration greater than the limit set out in that column for that category;

• (b) the manufacturer or importer has been issued a permit under subsection 4(2) and, in the case of a product that is to be diluted before it is used, that product is either labelled with or accompanied by the manufacturer’s written dilution instructions in both official languages;

• (c) the product is manufactured for export only; or

• (d) the product is in transit through Canada, from a place outside Canada to another place outside Canada.

Marginal note:Sell

23 A person must not sell a product that belongs to any of the categories set out in column 1 of the table to subsection 21(1) if its concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that category unless

• (a) the product is to be diluted before it is used, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that category and that product is either labelled with or accompanied by those instructions in both official languages and those instructions would not result in dilution of the product to a concentration greater than the limit set out in that column for that category; or

• (b) the product was manufactured or imported under a permit issued under subsection 4(2), the sale occurs no later than one year after the expiry date of the permit and, in the case of a product that is to be diluted before it is used, that product is either labelled with or accompanied by the manufacturer’s written dilution instructions in both official languages.

Determination of Concentration of 2-Butoxyethanol in Regulated Products

Marginal note:Concentration of 2-butoxyethanol

24 The concentration of 2-butoxyethanol contained in a regulated product is determined in accordance with the Reference method for the analysis of 2-butoxyethanol (2-BE) and other glycol ethers (GEs) in selected products (automotive and household cleaners, paints, paint strippers and solvents), published by the Department of the Environment, as it read on the day on which these Regulations came into force.

PART 4Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

25 [Amendments]

26 [Amendments]

Repeal

27 The 2-Butoxyethanol RegulationsFootnote ² are repealed.

• Return to footnote ²SOR/2006-347

Coming into Force

Marginal note:Registration

28 These Regulations come into force on the day on which they are registered.