Export Controls Added for PFAS and Flame Retardants

Summary#

The Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 updates Canada’s Export Control List so more toxic chemicals are subject to export controls. It mainly adds several persistent flame retardants and some long-lived fluorinated chemicals, and delays the export-control start date for Dechlorane Plus (DP) until a later deadline tied to domestic rules.

What it does#

• Adds a group of substances to the Export Control List (Schedule 3 to the Canadian Environmental Protection Act, 1999) so their export is regulated under the Export of Substances on the Export Control List Regulations (ESECLR).
• New entries in Part 2 (exports usually require the importing country’s consent) include:
  • Hexabromocyclododecane (HBCD)
  • Perfluorooctanoic acid (PFOA) and certain related compounds
  • Poly‑brominated diphenyl ethers (PBDEs) (several specific types)
• New entries in Part 3 (exports subject to domestic-notification controls) include:
  • Long‑chain perfluorocarboxylic acids (LC‑PFCAs) (C8–C20 perfluorocarboxylic acids)
  • Ferbam (a fungicide)
• Moves phorate from Part 3 to Part 2 because it is now listed in the Rotterdam Convention.
• Updates and clarifies descriptions of several existing Schedule 3 listings (for example, naming specific isomers, salts, or CAS numbers). These are clarifications and are not intended to widen the scope of the listings.
• Timing:
  • The Order comes into force when the Prohibition of Certain Toxic Substances Regulations, 2025 come into force.
  • The listing of Dechlorane Plus (DP) comes into force on the fifth anniversary of the day those Prohibition Regulations were published in the Canada Gazette, Part II (the Prohibition Regulations were published December 31, 2025).

Who's affected#

• Exporters of chemicals and products that may contain these substances. That can include manufacturers and exporters in:
  • electronics and electrical equipment
  • building materials and insulation (where HBCD was used)
  • textiles and upholstery
  • automotive parts
  • producers or users of firefighting foams and certain semiconductor parts (for PFOA and related PFAS)
  • agriculture and pesticide sectors (for ferbam; its registered uses were already phased out)
• Government departments that process export notices and permits under the ESECLR.
• The number of affected exporters is expected to be limited because many of these substances have already been restricted or phased out in Canada.

Why it matters#

• The change makes Canada comply with international obligations under the Rotterdam Convention and the Stockholm Convention by controlling exports of chemicals that are prohibited or severely restricted here or listed internationally.
• Exporters will need to provide notices to the government before shipping these substances and, for some destinations, may need an export permit. A single notice can cover multiple shipments to reduce the paperwork burden.
• Estimated administrative costs of the Order are modest: about $304,150 in total over a 10‑year period, split roughly as $290,500 in government costs and $13,600 in industry costs. On average this was estimated at about $585 per affected business annually (around $45 per business).
• The controls aim to reduce global and domestic releases of persistent, bioaccumulative chemicals that can harm human health and the environment.