Canada Adds DBDPE and Dechlorane Plus to Schedule 1 of CEPA

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.