Committee on Technical Barriers to Trade - Notification - Canada - Products containing certain toxic substances regulations


The following notification is being circulated in accordance with Article 10.6



Notifying Member: CANADA

If applicable, name of local government involved (Article 3.2 and 7.2):


Agency responsible:

Environment and Climate Change Canada

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Canada's Notification Authority and Enquiry Point

Technical Barriers and Regulations Division

Global Affairs Canada

111 Sussex Drive

Ottawa, Ontario, K1A 0G2


Telephone: (343)203-4273

Fax: (613)943-0346



Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:


Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable):

·_        Sealant products containing coal tars and their distillates, including pavement sealant products, roofing sealant products, and sealant products for industrial use on metal, structural steel or concrete components or on pipelines or other buried services;

·_        Sealant products containing polycyclic aromatic hydrocarbons (PAHs) whose total PAH concentration exceeds 1000 parts per million (ppm), including pavement sealant products and roofing sealant products;

·_        Products for indoor use containing 2-butoxyethanol (2-BE) above a specified concentration limit, including automobile cleaner other than automobile degreaser or internal engine cleaner; rug or carpet cleaner; floor or baseboard stripper; paint stripper or thinner; laundry stain remover; any aerosol cleaner other than a pump-spray cleaner; any cleaner other than a non-aerosol cleaner; aerosol paint or coating other than a pump-spray paint or coating; and non-aerosol paint or coating.


Title, number of pages and language(s) of the notified document: Proposed Products Containing Certain Toxic Substances Regulations (31 pages, available in English and French)


Description of content: The proposed Certain Products Containing Toxic Substances Regulations (the proposed Regulations) seek to reduce releases of toxic substances from products used in Canada to levels that are protective of the environment and human health. The proposed Regulations would prohibit the manufacture, import and sale of certain coal tar-based sealant products and certain sealants containing levels above 1000 ppm in 2025. The provisions also contain exemptions to the prohibitions and a transition period for certain sectors.

The proposed Regulations would also include 2-BE, a toxic substance that is currently regulated under the 2-Butoxyethanol Regulations, which would be repealed and amalgamated under this initiative. The proposed Regulations are therefore designed as a single vehicle to manage the risks associated with multiple ecological and health toxic substances in products.

The proposed Regulations also include general provisions for permits and record keeping.


Objective and rationale, including the nature of urgent problems where applicable: Protection of human health or safety; Protection of the environment


Relevant documents:

2-Butoxyethanol Regulations,

Canadian Environmental Protection Act, 1999, sub-section 93(1),

Canada Gazette, Part I, 18 November 2023, Pages 3619-3649 (available in English and French)


Proposed date of adoption: To be determined

Proposed date of entry into force: The proposed Regulations would come into force on the day on which they are registered.


Final date for comments: 27 January 2024


Texts available from: National enquiry point [X] or address, telephone and fax numbers and email and website addresses, if available, of other body:

The electronic version of the regulatory text can be downloaded at: (English) (French)