Canada Regulatory News

Established under the Canadian Environmental Protection Act, 1999 (CEPA), the Federal Plastics Registry (FPR), is a central element in Canada’s efforts to reduce plastic waste and promote a circul...

Established under the Canadian Environmental Protection Act, 1999 (CEPA), the Federal Plastics Registry (FPR), is a central element in Canada’s efforts to reduce plastic waste and promote a circular economy. Administered by Environment and Climate Change Canada (ECCC), the Registry collects standardized national data on plastics placed on the Canadian market and how they are managed at the end of their life cycle.

The FPR is designed to improve transparency and accountability across the plastics value chain as well as harmonizing reporting across jurisdictions. Unlike existing provincial extended producer responsibility (EPR) programs, which differ in scope and definitions, the FPR establishes consistent national reporting requirements. It aims to capture plastics throughout their entire lifecycle, from manufacture and import to reuse, recycling, and disposal, providing a clear picture of how plastics circulate within the Canadian economy.

Phase 1: Initial Reporting Cycle for Producers

The first phase of the FPR applies to producers (including manufacturers, importers, and sellers) of plastic packaging and selected plastic products. Reporting covers data for the 2024 calendar year, with submissions due by 29 September 2025.

The ECCC’s detailed Phase 1 reporting guidance helped companies determine their obligations, identify applicable data categories, and calculate quantities based on resin and product types.

Producers and service providers must report on all plastics placed on the market, as well as those that are collected, reused, repaired, remanufactured, refurbished, recycled, composted, incinerated, or landfilled. They must also disclose the amount of plastic waste generated on their industrial, commercial, and institutional (ICI) premises.

Reporting under the FPR is mandatory under CEPA, and non-compliance may result in enforcement measures.

Extension Possibility under CEPA 46(6)

Under subsection 46(6) of CEPA, the Minister of the Environment may extend the reporting date set out in a Section 46 Notice, provided that a written request is submitted before the applicable deadline. While this option is no longer available for the 2024 reporting cycle, similar provisions may apply in future phases of the Federal Plastics Registry.

Future Phases and Ongoing Compliance

The Registry is being implemented gradually to expand its scope.

• Phase 2 (reporting in 2026) will extend obligations to resin manufacturers and importers, as well as to producers of additional plastic categories not covered in Phase 1. These include construction materials, textiles, and agricultural plastics.
• Phase 3 (planned for after 2026) is expected to incorporate recyclers, waste management operators, and other service providers, capturing the movement of plastics from production to recovery and final disposal.

Each new phase builds on previously collected data, enabling the ECCC to develop a comprehensive national dataset covering the full lifecycle of plastics.

By standardizing data collection across Canada, the Registry will also help to align federal and provincial EPR programs, closing existing information gaps and supporting evidence-based policy decisions.

The ECCC encourages businesses to review the current guidance and prepare for future annual submissions as Canada advances towards its zero plastic waste target by 2030.

zThe Government of Canada has released an update on the Phosphoric Acid Derivatives Group, a set of substances assessed under the Chemicals Management Plan (CMP). The latest publication provides th...

zThe Government of Canada has released an update on the Phosphoric Acid Derivatives Group, a set of substances assessed under the Chemicals Management Plan (CMP). The latest publication provides the final conclusions for three priority substances, outlining their potential health and environmental impacts, as well as the regulatory actions being taken under the Canadian Environmental Protection Act, 1999 (CEPA).

The Phosphoric Acid Derivatives assessment forms part of the third phase of the CMP, a federal program designed to systematically evaluate substances on the Domestic Substances List (DSL). While some substances from this group were determined to have minimal exposure and low risk, the targeted regulatory action on trixylyl phosphate ensures that future increases in exposure will be carefully managed.

Substances Under Review

The group includes six substances, with three undergoing a full screening assessment:

• Trixylyl phosphate (CAS RN 25155-23-1)
• Oleyl phosphate (CAS RN 37310-83-1)
• Phosphorous trichloride reaction products with 1,1-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol (CAS RN 119345-01-6)

Regulatory Action on Trixylyl Phosphate

Although trixylyl phosphate is not currently considered harmful at existing exposure levels. However, it has been associated with potential reproductive system effects. Due to this concern, the government has taken a precautionary step by applying the Significant New Activity (SNAc) provisions of CEPA. This means that any proposed new manufacture, import, or use of trixylyl phosphate must be reported and evaluated by regulators before it can proceed.

Substances of Lower Concern

The assessment concluded that no immediate regulatory action is required for oleyl phosphate and the phosphorous trichloride reaction products. These substances are not expected to pose significant risks to health or the environment at current levels of use.

Timeline of Key Milestones

• July 13, 2019: Draft screening assessment published for public comment.
• December 19, 2020: The final screening assessment was released and the government announced its intent to apply SNAc provisions to trixylyl phosphate.
• March 26, 2025: The Canada Gazette publication officially amended the Domestic Substances List (DSL) to apply SNAc provisions to trixylyl phosphate.

The Government of Canada has taken a significant step toward addressing the risks posed by per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” On September 26, 202...

The Government of Canada has taken a significant step toward addressing the risks posed by per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” On September 26, 2025, Environment and Climate Change Canada launched a consultation on Phase 1 of its PFAS Risk Management Plan. This phase focuses on firefighting foams that remain one of the largest sources of contamination.

Why PFAS Are a Concern

PFAS are synthetic chemicals valued for their resistance to heat, oil, and water. However, these same properties make them extremely persistent in the environment. Exposure to PFAS has been linked to negative health impacts, including liver and kidney damage, thyroid dysfunction, immune suppression, and developmental issues. In wildlife, PFAS have been shown to harm reproduction, growth, and immune functions, threatening ecosystems and biodiversity.

Phase 1: Focus on Firefighting Foams

The first phase of the government’s action plan specifically targets aqueous film-forming foams (AFFFs), which are widely used in civil and military aviation, shipping, and the petroleum and chemical sectors. While these foams are highly effective at extinguishing flammable liquid fires, they are also a major source of PFAS pollution in drinking water and soil. Canada’s proposed measures aim to eliminate the remaining unregulated uses of these foams while promoting the adoption of safer alternatives.

A Multi-Phase Risk Management Strategy

Canada is implementing a three-phase approach to reduce PFAS risks.

●      Phase 1: Address PFAS in firefighting foams not yet covered by regulations.

●      Phase 2: Restrict PFAS in non-essential uses, particularly in consumer products.

●      Phase 3: Assess critical uses of PFAS where no viable alternatives exist, with the goal of identifying safe substitutes in the long term.

This class-based approach ensures that one harmful PFAS is not simply replaced by another with similar toxic properties.

Regulatory Framework Under CEPA

The risk management measures are being developed under the Canadian Environmental Protection Act, 1999 (CEPA). By adding PFAS (excluding fluoropolymers) to Schedule 1, Part 2, the government can regulate the entire class of chemicals. Canada already restricts several PFAS through the Prohibition of Certain Toxic Substances Regulations, and new updates proposed in 2022 aim to further tighten controls, including the phase-out of C8 AFFF foams with limited exemptions for critical applications.

Government Position

According to Julie Dabrusin, the Minister of Environment and Climate Change, the proposed phase-out will prevent future contamination and drive the transition to effective alternatives. Marjorie Michel, the Minister of Health, emphasized that these actions are necessary to protect Canadians today and for future generations.

Public Consultation and Next Steps

The consultation on Phase 1 is open until November 25, 2025. Feedback from industry, civil society, and the public will guide the development of new regulations. Once finalized, these measures will significantly reduce PFAS releases into the environment and encourage the shift toward safer firefighting technologies.

In an effort to combat Canada’s growing opioid crisis, Health Canada under the Government of Canada, has proposed significant regulatory changes to tighten controls over precursor chemicals and desi...

In an effort to combat Canada’s growing opioid crisis, Health Canada under the Government of Canada, has proposed significant regulatory changes to tighten controls over precursor chemicals and designated devices such as pill presses and encapsulators. The proposed changes to the Precursor Control Regulations (PCR) and Schedule IX of the Controlled Drugs and Substances Act (CDSA) were officially published in the Canada Gazette, Part I, on June 28, 2025, and are open for public consultation until August 12, 2025. 

The amendments are designed to disrupt the supply chain for illegally produced fentanyl, which continues to be the primary contributor to overdose deaths nationwide. 

What Are Precursor Chemicals and Designated Devices? 

Precursor chemicals are chemical substances that can be used to produce controlled substances such as synthetic opioids such as fentanyl. 

• Designated devices refer to equipment used in drug production, such as pill presses and encapsulators. The proposed rules would also regulate certain component parts such as  dies,  punches, and  molds. 
• While these items often are used in legal manufacturing contexts, are increasingly being diverted for illegal drug production in clandestine labs operated by organized crime. 

Summary of Proposed Amendments 

According to the documents published in the Canada Gazette, the following regulatory changes are being proposed: 

1. Expanded Import Registration Requirements 

Currently, importers of designated devices (like pill presses) must register their importation with Health Canada. Under the new proposal component parts suitable for use in pill presses and encapsulators such as  dies, molds, punches, would also be subject to registration.  
Importers would be required to provide proof of registration at the time of import. 
 2. New Definitions and Classification 

• The definition of "designated device" would be updated to include interchangeable or individual components. 
• Precursor chemicals would be categorized by risk level, allowing more focused regulatory control of high-risk substances (e.g. those commonly linked to fentanyl synthesis). 

 3. Enhanced Compliance and Inspection Powers 

• Health Canada would be granted broader powers to inspect premises, collect records, and seize non-compliant materials,  including the right to audit production documentation, examine inventory logs, and issue compliance orders. 

 4. Improved Regulatory Flexibility 

The proposed changes would enable faster regulatory response to emerging synthetic drugs, and  
allow provisional controls over new substances or equipment pending formal classification. 
 

Why Are These Changes Necessary? 

Canada is experiencing one of the worst public health crises in its history due to the opioid epidemic. According to national statistics: 

• Illegally produced fentanyl is involved in over 80 percent of opioid-related deaths in Canada. 
• Organized crime groups are increasingly using domestic labs to produce fentanyl using imported precursors and unregulated drug manufacturing equipment. 
• Law enforcement agencies have reported an increase in the illegal importation and diversion of precursor chemicals and components for designated devices. 
   

The regulatory framework aims to: 

• Prevent the diversion of legally traded materials into illicit drug manufacturing. 
• Disrupt domestic production capabilities of illegal fentanyl. 
• Protect communities from the devastating impact of synthetic opioids. 
   

Stakeholder Responsibilities 

If adopted, the new regulations would affect: 

Importers 

• Must register both designated devices and their components prior to import. 
• Provide proof of registration to border officers. 
• Maintain detailed records of sales and storage locations. 
   

Distributors and Manufacturers 

• Ensure compliance with handling and security protocols. 
• Participate in inspection procedures by Health Canada. 
• Report any suspicious orders or diversion risks. 
   

Timeline and Consultation 

• Publication Date: June 28, 2025 
• Public Consultation Ends: August 12, 2025 
• Expected Final Publication: Fall 2025 in Canada Gazette, Part II 
• Date of Entry into Force: Upon final publication 

Access Official Regulatory Texts 

For full details, consult the following Canada Gazette links: 

• Regulations Amending the Precursor Control Regulations (English) 
• Order Amending Schedule IX to the CDSA (English) 
   

Conclusion: Strengthening Canada’s Response to the Opioid Crisis 

Canada’s proposed amendments reflect an urgent, evidence-based strategy to combat synthetic opioid trafficking and reduce overdose-related deaths. By extending oversight to chemical precursors and the components of pill-making equipment, the government seeks to disrupt a critical link in the supply chain for illegal fentanyl production. 

Proactive stakeholder involvement during the consultation phase is essential to shaping a balanced regulatory framework that is both enforceable and aligned with legitimate industry needs. 

On May 31, 2025, Canada’s Biocides Regulations under the Food and Drugs Act officially entered into force, establishing a single regulatory framework for surface disinfectants and sanitizers—colle...

On May 31, 2025, Canada’s Biocides Regulations under the Food and Drugs Act officially entered into force, establishing a single regulatory framework for surface disinfectants and sanitizers—collectively referred to as biocides. These new rules replace previous authorizations granted under either the Food and Drug Regulations (FDR) or the Pest Control Products Act (PCPA).

Pre-Market Authorisation Now Mandatory

Under the new framework, all biocides must undergo a pre-market assessment by Health Canada’s Natural and Non-prescription Health Products Directorate (NNHPD) to obtain a market authorization. Only then can they be sold, imported, or advertised in Canada. Authorized products will carry a unique 8-digit identification number, signaling that they meet stringent standards for safety, efficacy, and quality.

Stronger Oversight for Public and Occupational Safety

This regulatory shift ensures greater consistency, improved transparency, and enhanced public and occupational safety, particularly for products used in healthcare facilities, food premises, households, schools, and veterinary settings.

Transition Deadlines for Existing Products

• Products previously authorized under the FDR or PCPA must transition to the new framework by May 31, 2029.

• Surface sanitizers used in food premises must obtain market authorization by May 31, 2031.

Post-Market Surveillance to Continue

Health Canada will continue post-market monitoring and enforcement through its Regulatory Operations and Enforcement Branch (ROEB) and Marketed Health Products Directorate (MHPD) to ensure ongoing compliance and risk management.

On March 26, 2025, Canada amended the Domestic Substances List to apply Significant New Activity (SNAc) provisions to trixylyl phosphate (CAS RN 25155-23-1). This requires prior notification before un...

On March 26, 2025, Canada amended the Domestic Substances List to apply Significant New Activity (SNAc) provisions to trixylyl phosphate (CAS RN 25155-23-1). This requires prior notification before undertaking any new use that could significantly increase human or environmental exposure to the substance.

Precautionary Action Under CEPA

Based on the suspicion that information about new activities involving trixylyl phosphate could help determine its potential toxicity under Section 64 of the Canadian Environmental Protection Act (CEPA), the Environment Minister, Steven Guilbeault, and the Health Minister jointly made the decision.

The order, issued under subsection 87(3) of CEPA, serves as a preventive measure to guarantee that any future applications of the substance are thoroughly evaluated to limit risks to the environment and public health.

Further details can be found in the Canada Gazette, Part II, Volume 159, Number 7 (here), which includes the precise substance impacted and outlines the necessary regulatory requirements.

SNAc provisions to trixylyl phosphate

Order 2024-87-24-01 amends the Domestic Substances List to apply CEPA's SNAc provisions to trixylyl phosphate, also known as phenol, dimethyl-, phosphate (3:1). This action seeks to manage potential risks associated with increased exposure in Canada and the environment due to significant new activities.

Although current use levels do not pose an immediate risk, the substance is used in flame retardants, hydraulic fluids, lubricants, plastics, and possibly food packaging. It has been identified as having potential reproductive toxicity and environmental persistence.

Notification Requirements for New Activities

Under the new requirements, any individual or company proposing a significant new activity involving trixylyl phosphate, particularly in cosmetics or consumer products, must submit a Significant New Activity Notification (SNAN) containing detailed information on the proposed use, exposure levels, and safety measures, at least 90 days prior to the activity.

The regulatory amendment follows assessments under Canada’s Chemicals Management Plan (CMP) and aims to proactively protect public health and the environment from future risks associated with the increased or altered use of this substance.

Transport Canada has announced the publication of a new edition of its key packaging standard for dangerous goods.  Developed by the Canadian General Standards Board (CGSB), CAN/CGSB-43.150-2025, tit...

Transport Canada has announced the publication of a new edition of its key packaging standard for dangerous goods.  Developed by the Canadian General Standards Board (CGSB), CAN/CGSB-43.150-2025, titled “Design, Manufacture and Use of UN Standardized Drums, Jerricans, Boxes, Bags, Combination Packaging, Composite Packaging and Other Packagings for the Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9” was officially released in April 2025.

The updated standard ensures that Canada’s requirements for the design, manufacture, and use of containers for dangerous goods remain aligned with international best practices.

Coming Into Force

The CAN/CGSB-43.150-2025 standard will be incorporated by reference into the Transportation of Dangerous Goods Regulations (TDGR).
Until the TDGR is amended, stakeholders must continue to comply with the following standards:

• TP14850-2010: Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9 (Transport Canada Standard)

• CAN/CGSB-43.126-2019 (reaffirmed in 2024): Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods

Regulatory updates adopting the 2025 standard into the TDGR are anticipated in the near future.

Key Updates in the 2025 Edition

The 2025 edition introduces important changes to improve safety, harmonization, and regulatory clarity:

• Alignment with International Recommendations: Updates incorporate changes from the 23rd edition of the UN Recommendations on the Transport of Dangerous Goods, enhancing international compatibility.

• Integration of Reconditioning and Repair Requirements: The provisions from CAN/CGSB-43.126 are now being incorporated directly into CAN/CGSB-43.150, streamlining requirements for the reconditioning, remanufacturing, and repair of drums.

These updates ensure that Canadian manufacturers, reconditioners, and users of UN-standardized containers meet the most recent international safety and performance standards.

How to Access the New Standard

The CAN/CGSB-43.150-2025 standard is available free of charge here.