Coal-tar and high-PAH sealant ban

Summary#

The federal government has registered the Certain Products Containing Toxic Substances Regulations under the Canadian Environmental Protection Act, 1999. They ban or limit certain sealants and household products that contain coal tars, high levels of polycyclic aromatic hydrocarbons (PAHs), or set limits for 2‑butoxyethanol (2‑BE), with phased-in dates so industry can adjust.

What it does#

• Prohibits manufacture and import of sealant products that contain coal tars (including some industrial sealants) after October 1, 2025, unless a permit is held, the product is for export only, or it is merely in transit through Canada.
• Prohibits manufacture and import of pavement and roofing sealants whose total PAH content exceeds 1,000 parts per million (ppm) after October 1, 2025, with the same permit/export/transit exemptions.
• Prohibits sale of those coal tar or high‑PAH products after December 31, 2025, except for limited sell‑through and export exceptions.
• Allows a temporary exception for sale of certain industrial coal tar‑based sealants until July 1, 2028 to give industry more time to finish projects and clear inventory.
• Sets concentration limits for indoor products that contain 2‑butoxyethanol (2‑BE) (percent by weight):
  • Automobile cleaner (not degreaser): 10.0%
  • Rug or carpet cleaner: 10.0%
  • Floor or baseboard stripper: 2.0%
  • Paint stripper or thinner: 0.5%
  • Laundry stain remover: 22.0%
  • Any other aerosol cleaner (not pump‑spray): 5.0%
  • Any other non‑aerosol cleaner: 6.0%
  • Aerosol paint or coating (not pump‑spray): 0.1%
  • Non‑aerosol paint or coating: 0.5%
• Keeps a permitting system: permits may be issued for up to three years and can be renewed once (up to three years). Permits require applicants to explain why substitutes are not feasible and to submit plans to reduce or eliminate the toxic substance.
• Requires manufacturers, importers and some sellers to keep records. Records must be made within 30 days of availability and kept for at least five years.
• Requires chemical analyses used for compliance testing to be done in accredited labs (e.g., ISO/IEC 17025‑accredited) or by generally accepted scientific methods if no recognized test exists.
• Repeals and replaces the existing 2‑Butoxyethanol Regulations, folding those rules into this more general regulation.
• The regulation was registered on February 26, 2025 and includes the staged prohibition dates noted above.

Who's affected#

• Companies that make, import, or sell pavement and roofing sealants, and some industrial sealants (especially those using coal tar or with high PAH content).
• Retailers and distributors (including hardware stores) that stock and sell these sealants.
• Manufacturers, importers and sellers of indoor cleaners, paints and coatings that contain 2‑butoxyethanol (2‑BE), as listed in the concentration table.
• Contractors, landscapers, pavement and roofing applicators, and homeowners who buy or use these sealants will notice product availability changes and may need to use alternatives.
• The rule also touches government enforcement bodies and testing labs because of record-keeping and lab accreditation requirements.

If it’s unclear whether a specific product is covered, the regulation ties coverage to product categories and the substance concentrations listed; businesses will likely need to check labels, lab results, or guidance from regulators.

Why it matters#

• Health and environment: Coal tars and some PAHs are linked to cancer and other serious health and ecological harms. The regulation aims to reduce releases of these substances from sealants and lower public and environmental exposure.
• Practical effects for the market: The rule accelerates use of safer alternatives (asphalt or acrylic sealants are mentioned as available substitutes). Some price or supply changes could happen during the transition.
• Costs and enforcement: The government estimates the present‑value compliance and administrative costs over the analysis period at about $7.0 million, with total enforcement costs of $516,648 and annual enforcement costs of about $50,147. Non‑monetized benefits include reduced cancer risk and other health improvements.
• Transition support: Time-limited sell‑through windows and a permitting system are included to reduce disruption for industry and ongoing projects.