On February 14, 2025, Canada published SOR/2025-27, officially listing decabromodiphenyl ethane (DBDPE) and dechlorane plus (DP) under Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). This action follows detailed risk assessments and public consultations and is part of Canada’s ongoing commitment to strengthen environmental protection through the Chemicals Management Plan (CMP).

Why Are DBDPE and Dechlorane Plus Considered Toxic?

Both DBDPE and DP were evaluated under the ecological and human health criteria set out in section 64(a) of CEPA. The final screening assessments concluded that while human health risks are minimal, environmental exposure and persistence of both substances pose significant ecological risks.

• DBDPE: Identified as persistent in the environment, especially in sediments, and has the potential to break down into bioaccumulative compounds.

• Dechlorane Plus: Shows long-range transport capability and is highly bioaccumulative, found in wildlife and remote environments.

These findings led to their classification as toxic under CEPA and listing in Part 2, which focuses on pollution prevention strategies.

CEPA Schedule 1 – What Does Part 2 Mean?

Under amendments introduced by the Strengthening Environmental Protection for a Healthier Canada Act (2023), CEPA Schedule 1 is now divided into two parts:

• Part 1 contains high-risk substances that require immediate or full prohibition.

• Part 2, where DBDPE and DP are now listed, requires risk management through pollution prevention measures such as controlled use, import limitations, or eventual bans.

The designation allows federal authorities to develop regulatory tools to mitigate the risks posed by these substances.

Industrial Use, Environmental Release, and Exposure in Canada

While neither substance is manufactured in Canada, industry data shows significant import volumes:

• DBDPE: 1,000 to 10,000 tonnes/year

• DP: 10 to 100 tonnes/year

Both are used as flame retardants in sectors including:

• Plastics and electronics

• Automotive and aerospace parts

• Construction materials and adhesives

Releases to the environment occur primarily during manufacturing, industrial use, and through waste streams over the lifecycle of products containing these chemicals.

International Regulation and Alignment

Canada's actions are aligned with global regulatory trends:

• United States: Both substances are listed under the Toxic Substances Control Act (TSCA).

• European Union: Under assessment by the European Chemicals Agency (ECHA), with DBDPE and DP included in restriction strategies for brominated flame retardants.

• Australia: Both substances are listed for environmental regulation under the Industrial Chemicals Environmental Management (Register) Act 2021.

• Stockholm Convention: DP is listed in Annex A for global phase-out with specific exemptions.

Stakeholder Consultation and Public Input

The federal government engaged with industry, non-governmental organizations, and the public during consultations in 2016 and 2019. Industry feedback included concerns about:

• Substitute availability and socio-economic impact

• Consistency with international regulations

• Potential for  misclassification of waste

NGOs supported the listing and called for class-based regulation of flame retardants to prevent regrettable substitution.

Next Steps in Regulatory Development

While this listing does not impose immediate regulatory obligations, it allows the government to propose risk management tools under CEPA, such as:

• Amendments to the Prohibition of Certain Toxic Substances Regulations

• Import or manufacturing restrictions

• Pollution prevention programs

Future regulatory proposals will be subject to further public and industry consultation.

Impact on Businesses and Small Enterprises

The Order SOR/2025-27 does not introduce direct compliance costs or administrative burdens. Analyses under the small business lens and one-for-one rule confirmed no impact on small businesses or reporting requirements. Economic implications will be assessed if further restrictions are developed.

Environmental and Health Implications

Although current human health exposure levels are low, the ecological risk posed by the substances - especially their persistence and bioaccumulation - warrants proactive management. The federal Strategic Environmental Assessment concluded that the listing of these substances supports Canada’s broader goals for environmental and human health protection.

On January 25, 2025, the Government of Canada published regulatory updates in the Canada Gazette, Part I, Volume 159, Number 4, regarding the management of chemical substances, specifically addressing trisiloxane and a group of terpene and terpenoid substances.

Significant New Activity Notice for Trisiloxane

The Department of the Environment has issued a Significant New Activity (SNAc) Notice under the Canadian Environmental Protection Act, 1999 (CEPA) for trisiloxane, 3-ethyl-1,1,1,3,5,5,5-heptamethyl- (CAS RN 17861-60-8). This notice requires that any significant new activities involving this substance, particularly in cosmetic applications, require prior notification to the Minister of the Environment.

Key Restrictions

• Cosmetics Use Limits: The substance cannot be used in cosmetics beyond prescribed limits, such as 5% in hair dyes and 10% in rinse-off cosmetics.

• Advance Notification: New significant activities involving the substance must be notified 90 days in advance.

• Exemptions: Use of the substance in manufacturing for export only is exempt from these regulations.

These measures are intended to prevent potential environmental and health risks associated with excessive use of trisiloxane in consumer products.

Assessment of Terpene and Terpenoid Substances

The Department of the Environment and the Department of Health have conducted a draft assessment of 14 terpene and terpenoid substances and proposed 12 of them be added to Part 2 of Schedule 1 of CEPA due to health risks.

Key Findings

• Substances of concern include cade oil, verbena officinalis extract, ginkgo biloba extract, and sage oil.

• Potential health risks: Identified concerns include carcinogenicity, reproductive toxicity, and effects on the nervous system.

• Public consultation period: A 60-day public comment period is open from January 25, 2025, to March 26, 2025, during which stakeholders are invited to submit comments and scientific data to support further assessments.

These findings reinforce the Canadian Government’s commitment to consumer safety and regulatory oversight in the management of chemical substances.

For detailed information and to participate in the consultation process, stakeholders are encouraged to consult the official publications in the Canada Gazette here.