Ban on Coal Tar and High-PAH Sealants

Summary#

This is a proposed set of rules called the Certain Products Containing Toxic Substances Regulations, published in the Canada Gazette, Part I on November 18, 2023. It would mainly ban the manufacture and import of coal tar–based pavement and roofing sealants, and any sealants with total polycyclic aromatic hydrocarbons (PAHs) above 1,000 ppm, with staged dates for when the bans take effect.

What it does#

• Prohibits manufacturing or importing most coal tar–based sealants after January 1, 2025, unless a limited permit applies, the product is for export only, or it is merely passing through Canada.
• Prohibits selling or offering for sale those products after June 30, 2025, with a limited sell-through rule for some permitted or export-only stocks.
• Gives a temporary exception for coal tar sealants used for certain industrial applications (metal, structural steel, concrete, pipelines or buried services) until January 1, 2028 to allow clearing of inventory and finishing projects.
• Applies the same manufacture/import and sale timing to sealants (pavement and roofing) that contain more than 1,000 ppm total PAHs.
• Repeals and absorbs the existing 2-Butoxyethanol Regulations into the new regulation without substantive change; existing limits and lab/testing rules for that chemical would continue.
• Allows a narrow permitting route as a temporary backstop. Permits would be limited (typically up to three years, renewable once) and must show no feasible safer alternative and a plan to reduce or eliminate the toxic substance.
• Adds requirements for record keeping, lab accreditation, electronic submissions, and enforcement provisions under the Canadian Environmental Protection Act, 1999.

Who's affected#

• Manufacturers and importers of pavement and roofing sealants, and some industrial sealants.
• Retailers, contractors, and hardware stores that sell or apply these sealants.
• Consumers and property owners who buy sealants for driveways, parking lots, or roofs.
• Businesses that make or import products containing 2‑butoxyethanol for indoor use (these remain regulated under the consolidated rules).
• Exporters and goods merely in transit through Canada are generally exempt.
• The federal government would carry out enforcement and compliance work.

If it is unclear who will need a permit in specific cases, the proposed rules allow companies to apply and require technical justification.

Why it matters#

• Coal tar and high‑PAH sealants release PAHs, which are linked to cancer and other health and environmental harms. The government says phasing these products out will reduce exposures and ecological risks.
• The change would push the market toward asphalt, bitumen, acrylic, or other lower‑PAH alternatives that many jurisdictions already use. That could slightly raise costs for some buyers, but departments estimate overall compliance costs over 2024–2033 at about $6.2 million (present value, 2022 dollars). The broader total present value reported is $6,497,394 with an annualized estimate of $925,082.
• Government enforcement costs over the analysis period are estimated at $292,911, with annualized enforcement support of about $41,704.
• The proposal aligns Canada with moves in parts of the United States and the European Union to restrict coal tar sealants and high‑PAH products.
• The rules are still a proposal (with a public comment opportunity when published). They are not final and would be subject to any changes that result from consultation.