On February 26, 2025, the Canadian government officially added Dechlorane Plus (DP) and Decabromodiphenyl Ethane (DBDPE) to Part 2 of Schedule 1 of the Canadian Environmental Protection Act (CEPA). This significant regulatory step follows comprehensive risk assessments and public consultations, marking a pivotal moment in Canada’s ongoing efforts to enhance environmental protection through the Chemicals Management Plan (CMP) .
Understanding CEPA Schedule 1: Part 2
Under the amended CEPA, Schedule 1 is divided into two parts:
- Part 1: Contains substances deemed to pose the highest risk, warranting immediate or full prohibition.
- Part 2: Includes substances identified for pollution prevention measures, which may involve controlled use, import limitations, or eventual bans .
The inclusion of DP and DBDPE in Part 2 enables federal authorities to develop enforceable risk management actions aimed at mitigating their environmental impact .
Implications for Compliance
While the addition of DP and DBDPE to Schedule 1 does not impose immediate restrictions on their use, manufacture, or import, it lays the groundwork for future risk management actions. The Canadian government has indicated that updates to the Prohibition of Certain Toxic Substances Regulations are forthcoming, which may include:
- Prohibition of the manufacture, use, sale, and import of DP and DBDPE.
- Specific time-limited exemptions for products containing these substances used in sectors such as aerospace, automotive, and electrical and electronic equipment (EEE) .
Affected industries should prepare for potential compliance challenges and are encouraged to participate in upcoming consultations to understand and influence the development of these regulations.