Export Controls for HBCD, PFOA, PBDEs

Summary#

This is a proposed Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 published on May 14, 2022. It would add several toxic chemicals to Canada’s Export Control List (ECL) so their exports are subject to notification or permits under the Export of Substances on the Export Control Regulations (ESECLR).

What it does#

• Adds these chemicals to the ECL so exports will need prior notification or permits:
  • Hexabromocyclododecane (HBCD)
  • Perfluorooctanoic acid (PFOA) and its salts and certain related compounds
  • Long-chain perfluorocarboxylic acids (LC-PFCAs) (chain length C9–C20)
  • Polybrominated diphenyl ethers (PBDEs) (various forms)
  • Dechlorane plus (DP)
  • Decabromodiphenyl ethane (DBDPE)
  • Ferbam
• Moves phorate from one part of the ECL to another because it was added to the international Rotterdam Convention.
• Clarifies the wording and chemical identifiers for some substances already on the ECL so the list matches international treaties and domestic rules.
• Sets the order to come into force when the Prohibition of Certain Toxic Substances Regulations, 2022 come into force.

Who's affected#

• Exporters of chemicals and products that contain the listed substances.
• Industries most likely to notice changes include:
  • Makers and exporters of building insulation and construction materials (for HBCD)
  • Electronics, automotive and plastics manufacturers (for PBDEs, DP, DBDPE)
  • Textile, packaging and firefighting-foam users (for PFOA and LC-PFCAs)
  • Agricultural users and former pesticide registrants (for ferbam)
• A small number of businesses are expected to take on the paperwork. The government estimates 4 small businesses would be affected, with a combined administrative cost of $2,793 (about $698 each).
• The federal departments involved are Department of the Environment and Department of Health.

Why it matters#

• Exporters will need to notify the government before shipping these chemicals, and some exports may require permits or be banned. That can add paperwork and small costs to trade in affected products.
• The government estimates total net administrative costs of about $508,000 over 10 years, with industry costs around $13,700 and government costs about $494,000 (including $482,000 for enforcement).
• The change is meant to keep Canada in step with the Rotterdam and Stockholm conventions. That helps limit international trade in chemicals that are harmful, and supports broader efforts to protect health and the environment.
• This is a proposed order open to comment. The notice includes timelines for submitting comments or objections (for example, 75 days to comment), so the measure is not yet final.