Canada amends toxic substance prohibitions
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On 5 Oct. 2016, Canada amends the regulation of five toxic substances in Canadian Environmental Protection Act through a publication of a notification on the Canada Gazette.

The amendments include the following:

1. HBCD in EPS and XPS.

The amendments prohibit the manufacture, use, sale, offer for sale or import of expanded polystyrene (EPS) and extruded polystyrene (XPS) foams containing HBCD – and intermediary products that contain it – for use in a building or construction application.

The amendments come into force 1 January 2017. Products manufactured or imported before this may continue to be used and sold.

The continued use, sale, offer for sale or import of all other products containing HBCD remains permitted.

2. PFOA and LC-PFCAs

The amendments ban the manufacture, use, sale, offer for sale or import of PFOA or LC-PFCAs and products containing these substances.

Exemptions to the rule include:

manufactured items containing PFOA or LC-PFCAs;

aqueous film-forming foams used in firefighting applications;

water-based inks and photo media coatings containing PFOA and LC-PFCAs, until December 31, 2016;

products containing these substances manufactured or imported before the amendments

come into force; and

the use or import of products containing PFOA and LC-PFCAs if intended for personal use.

3. PBDEs (including decaBDE)

The amendments prohibit PBDEs unless contained in a manufactured item.

This is an extension of the existing PBDEs Regulations to include a prohibition on decaBDE. It also extends the Regulations beyond the current covered products (resins, polymers and mixtures). It will now include all products containing PBDEs, except for manufactured items.

The government is repealing the PBDEs Regulations as a result of this activity, as there is no longer a need for the separate Regulations.

4. PFOS

The amendments modify three exemptions to the existing PFOS prohibition. The new Regulations:

l remove the current exemption for aviation hydraulic fluids containing PFOS;

l remove the current exemption for aqueous film-forming foams containing PFOS used in a

l military vessel deployed before May 2013 for a military operation; and

l modify the permitted concentration limit for the use of PFOS in aqueous film-forming foams

l by increasing the limit from 0.5ppm to 10ppm.

The amendments repeal the PFOS Regulations.

The amendments allow the continued use of HBCD, PFOA, LC-PFCAs, PBDEs and PFOS in laboratory for analysis, scientific research or as a laboratory analytical standard.

C&K Testing advises businesses to deal with due care.


|Further Information: Canada Gazette

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