فبراير 2026

Published in the Canada Gazette, Part II, Volume 159, Number 27, on 31 December 2025, the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270) repeal and replace the 2012 Regulations. These regulations prohibit the manufacture, use, sale, and import of Dechlorane Plus (DP) and decabromodiphenyl ethane (DBDPE), and those products containing these substances. Additionally, they impose stricter controls on PFOS, PFOA, LC-PFCAs, HBCD, and PBDEs to reduce releases of these persistent, bioaccumulative substances into the environment.

On 31 December 2025, the Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025/270) was published in the Canada Gazette, Part II, Volume 159, Number 27. These regulations repeal and replace the Canadian regulations from 2012.

1. Overview and Purpose

Enacted under the Canadian Environmental Protection Act, 1999 (CEPA), these regulations target toxic substances on Schedule 1 to CEPA, focusing on persistence and bioaccumulation risks with the intent to reduce the presence of these harmful substances in the Canadian environment.

2. Prohibitions

A person must not manufacture, use, sell, or import prohibited substances listed in Schedule 1 or products containing them, except where incidentally present below thresholds or exempted/authorized.

3. Key Substances and Updates

New prohibitions on: Flame retardants Dechlorane Plus (DP) and decabromodiphenyl ethane (DBDPE)

Enhanced restrictions on:

• PFOS, PFOA, LC-PFCAs (repeal of exemptions for personal imports, certain Aqueous Film Forming Foam (AFFF) uses phased out)

• HBCD and PBDEs (including decaBDE; broader coverage, time-limited exemptions for legacy products)

4. Exemptions and Incidental Presence

• Time-limited exemptions for essential uses: e.g., aerospace, defence, vehicles, electronics; DBDPE up to ~15 years; HBCD vehicle parts to 2031; AFFF to 2027–2030

• Exemptions for laboratory/research (reporting if >10 g/year for DP/DBDPE) and items in transit through Canada

• Incidental presence thresholds: e.g., HBCD ≤100 mg/kg; PBDEs ≤1,000 mg/kg in electrical/electronic equipment

5. Permits and Compliance Requirements

• Temporary permits (up to 3 years, renewable) available for specific non-exempt activities

• Analyses by accredited laboratories; records kept for 5 years

6. Entry into Force and Application

Enters into force: 30 June 2026 (repeals 2012 Regulations on same date)

The European Commission adopted Directive (EU) 2026/192 on 28 January 2026, amending Appendix A of Annex II to Directive 2009/48/EC on toy safety. The Directive permits the use of cobalt—a carcinogenic, mutagenic, and toxic for reproduction (CMR) category 1B substance—in specific toy applications where the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) has determined safe use conditions. This regulatory amendment establishes derogations from the general prohibition on CMR substances in toys for stainless steel toy components, electrical conductors, and certain neodymium-based magnets, effective 29 August 2026. It also bridges the gap toward the upcoming Toy Safety Regulation (EU) 2025/2509.

Cobalt (in metallic form and as various salts) is classified as carcinogenic category 1B, mutagenic category 2, and toxic for reproduction category 1B under European Union (EU) chemical classification rules. The EU Toy Safety Directive generally prohibits such hazardous substances in toys to protect children. Cobalt appears in toys in two ways:

• As an unintended impurity in nickel-containing materials (stainless steel, nickel plating, electroconductive coatings)

• As an intentionally added substance (pigments, colorants, batteries, 3D printing materials)

The EU's Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) evaluated cobalt safety in toys through a December 2022 opinion. SCHEER examined six scenarios covering different toy types and exposure routes (inhalation, skin contact, ingestion). SCHEER identified three safe applications.

On 28 January 2026, the European Commission adopted Directive (EU) 2026/192, to restrict cobalt in toys. This update amends Appendix A of Annex II to Directive 2009/48/EC on toy safety and limits the use of cobalt to specific safe applications, serving as a critical bridge to the comprehensive new Toy Safety Regulation (EU) 2025/2509.

1. Key Changes

Added the following in Appendix A of Annex II to Directive 2009/48/EC

This update is part of a broader shift toward the Toy Safety Regulation (EU) 2025/2509 which entered into force on 1 January 2026 with a full transition ending in 2030.

2. Implementation and Resources

Member States must transpose these rules into national laws by 29 July 2026. These provisions must be officially applied starting from 29 August 2026.

ECHA announced that on 4 February 2026, n-hexane and 4,4'-[2,2,2-trifluoro-1-(trifluoromethyl)ethylidene]diphenol and its salts were included as members of the SVHC Candidate List.

On 1 September 2025, the European Chemical Agency (ECHA) launched a 45-days public consultation on 4,4'-dihydroxydiphenylmethane (Bisphenol F, BPF), n-hexane and 4,4'-[2,2,2-trifluoro-1-(trifluoromethyl)ethylidene]diphenol and its salts, as potential Substances of Very High Concern (SVHC).

After further discussion within ECHA’s Member State Committee, two substances were concluded to be members of the SVHC Candidate List (Candidate List). (The proposal for recognizing 4,4'-dihydroxydiphenylmethane (Bisphenol F, BPF) as an SVHC was withdrawn before the meeting, but the SVHC process for this substance is still ongoing.)

Based on the above conclusion in ECHA’s Member State Committee, ECHA officially added two substances to the Candidate List on 4 February 2026.

The number of SVHCs on the Candidate List is now updated to 253 entries.

Details of the new SVHC chemicals added to the Candidate List are summarized in the below tables.

The New SVHCs:

Manufacturers and importers should take note of this new SVHC and potential and current use in their processes or products to plan accordingly.