Two Flame Retardants Added to CEPA

Summary#

This is the Order Adding Toxic Substances to Part 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999. It adds two flame‑retardant chemicals — Benzene, 1,1′-(1,2-ethanediyl)bis[2,3,4,5,6‑pentabromo-] (DBDPE) and 1,4:7,10‑Dimethanodibenzo[a,e]cyclooctene… (Dechlorane Plus, or DP) — to Part 2 of Schedule 1 so federal ministers can move ahead with pollution‑prevention risk management. The Order was registered on February 14, 2025 and published in the Canada Gazette on February 26, 2025.

What it does#

• Adds DBDPE and Dechlorane Plus (DP) to Part 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999.
• Gives the federal ministers (Environment and Health) the authority to develop risk‑management actions that prioritize pollution prevention. Those actions could include restrictions or bans, but none are created by this Order itself.
• Leaves current assessment and consultation steps in place. Any future regulations or bans would go through separate development and consultation processes.

Who's affected#

• Companies that make, import or use these flame retardants or products that contain them. That includes manufacturers and importers of:
  • electrical and electronic equipment,
  • wiring and cable jacketing,
  • plastics and connectors,
  • automotive and aircraft parts,
  • adhesives, sealants and some building materials.
• Waste processors, recyclers and landfill operators may be affected later if rules restrict products or change how the items must be handled.
• The general public and wildlife could be affected indirectly because the substances persist in soil, sediment and biota.
• Environment and Climate Change Canada and Health Canada are the departments that assessed the substances and will lead any future risk‑management work.
• The federal assessment estimated Canadian annual imports in the ranges 1,000 tonnes to 10,000 tonnes for DBDPE and 10 tonnes to 100 tonnes for DP. If this is unclear or changes, those most affected could differ.

Why it matters#

• The two chemicals are persistent in the environment. The assessment found ecological concerns: DP is persistent and bioaccumulative and shows potential harm to sediment organisms; DBDPE is persistent and may break down into other harmful compounds.
• Adding them to Part 2 is a formal step that allows the government to design pollution‑prevention measures. That can lead to future restrictions or bans that affect product design, imports, and recycling.
• Businesses that use alternative flame‑retardant chemistry, recyclers, and purchasers of affected products may need to plan for changes if the government proposes specific measures.
• The Order itself does not impose new rules or costs today. Any real‑world changes would come later, through separate regulations or prohibitions developed after further consultation.