Attention Importers: ECCC Prohibition of Certain Toxic Substances Regulations
Environment and Climate Change Canada has identified your organization as one that facilitates trade for Canadian importers, such as freight forwarders, customs brokers or compliance service providers. Your clients have the challenging task of ensuring that their goods are compliant with Canadian requirements for toxic chemicals and products containing them, such as for the Prohibition of Certain Toxic Substances Regulations, 2012 (PCTSR).
While you may not be subject to these regulations, we have developed a factsheet to provide assistance and guidance for complying with these regulations, and we would invite you to share it with your clients so they are aware of the PCTSR and its requirements. Further information is also available at http://www.canada.ca/prohibited-chemical-substances.
The PCTSR prohibits the manufacture, use, sale, offer for sale and import of certain toxic substances, and products containing them, with a limited number of exemptions. These substances are among the most harmful to the environment and/or human health. Although prohibited in Canada, some of these substances may still be legally manufactured or used in other countries and be integrated in products. Importers are not always aware if the products that they are importing are compliant with the PCTSR. Below you will find examples of imported products that may be more likely to contain a prohibited substance based on uses outside of Canada:
- children’s toys and electrical cables with components that were made with short-chain chlorinated alkanes (also known as chlorinated paraffins)
- carpets and fabrics that were treated with perfluorooctane sulfonate (PFOS), its salts and precursors coatings to make them dirt, water or grease resistant
- all-purpose cleaners that contain 2-methoxyethanol (2-ME)
- coatings containing polybrominated diphenyl ethers (PBDEs) used in electronic equipment
Each person subject to the requirements will need to determine how the regulations may affect their activities and how to best ensure compliance with the regulations. For example, one measure an importer might take is to ask their suppliers for certification that the products are not made with any prohibited substances. This example is a compliance tip for guidance purposes only and is not a requirement under the PCTSR.
Exports of substances listed on the Export Control List, whether or not they are contained in a product, are controlled under the Export of Substances on the Export Control List Regulations (ESECLR). More information about the ESECLR is available at https://canada.ca/export-controlled-substance or you may contact sec-ecs@ec.gc.ca.
Source: Canadian Society of Customs Brokers (CSCB)
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