Certain Organic Flame Retardants Substance Grouping

Certain organic flame retardant substances were among those identified as priorities for action for the second phase of the Chemicals Management Plan (CMP). The selection of these substances for action was based on the categorization process completed in 2006, evaluations by the New Substances program suggesting potential ecological and human health concerns for certain organic flame retardant substances not on the Domestic Substances List (DSL), and new information received as part of the first phase of the CMP.

• Summary of publications
• Timelines
• Risk management action milestones
• Information gathering
• Section 71 CMP 2023
• 2017 Mandatory survey - section 71 notice
• 2013 Mandatory survey - section 71 notice
• Adding substances to Schedule 1
• Final screening assessments, state of the science reports and risk management approaches
• Additional risk characterization document and risk management scope
• Updated draft screening assessments and risk management scopes

Summary of publications

A summary of flame retardant assessment and management conducted under the Canadian Environmental Protection Act, 1999 (CEPA) is available.

Timelines

Risk management action milestones

In May 2022, the proposed Prohibition of Certain Toxic Substances Regulations, 2022 were published in the Canada Gazette, Part I, Vol. 156, No. 20 - May 14, 2022 for a 75-day public comment period. The proposed regulations would strengthen existing controls on certain harmful substances and put new prohibitions in place for DP and DBDPE.

In addition, a proposed order to amend Schedule 3 (the Export Control List) to CEPA was published for a 75-day public comment period. The objective of the proposed order is to establish export controls on certain substances, including DP and DBDPE, to help ensure Canada's continued compliance with the Rotterdam Convention. The proposed order would come into force on the day on which the Prohibition of Certain Toxic Substances Regulations, 2022 come into force.

In December 2018, Environment and Climate Change Canada and Health Canada published the Consultation Document on Proposed Amendments to the Prohibition of Certain Toxic Substances Regulations, 2012 for PFOS, PFOA, LC-PFCAs, HBCD, PBDEs, DP and DBDPE. The objective of the consultation document was to inform stakeholders of the proposed amendments to the Prohibition of Certain Toxic Substances Regulations, 2012, solicit comments and request information. Comments and information received in response to the consultation document were considered in the development of the proposed Regulations to Amend the Prohibition of Certain Toxic Substances Regulations, 2012.

In October 2018, a notice of intent was issued in the Canada Gazette, Part I: Vol. 152, No. 41 - October 13, 2018 indicating that the Department of the Environment and the Department of Health were initiating the development of amendments to the Prohibition of Certain Toxic Substances Regulations, 2012. There was a 30-day consultation period associated with the publication. Comments received on the publication were considered in the development of the proposed Regulations to Amend the Prohibition of Certain Toxic Substances Regulations, 2012.

Adding substances to Schedule 1

DP and DBDPE have been added to Part 2 of Schedule 1 to CEPA.

• Order adding DP and DBDPE: Canada Gazette, Part II: Vol. 159, No. 5 – February 26, 2025.

Information gathering

Section 71 CMP 2023

In June 2023, a notice was published in the Canada Gazette, Part I: Vol. 157, No. 25 – June 24, 2023 under section 71 of CEPA. This notice applies to 3 substances included in this substance grouping (CAS RNs 108-78-1, 13674-87-8, and 13674-84-5). More information is available on the Information gathering with respect to certain substances under the CMP web page.

2017 Mandatory survey - section 71 notice

In April 2017, a notice was issued in the Canada Gazette, Part I: Vol. 151, No. 13 - April 1, 2017 under section 71 of CEPA. The notice applied to DP and DBDPE (CAS RNs 13560-89-9 and 84852-53-9) and approximately 29 other substances that are toxic or proposed to be toxic as defined under section 64 of CEPA. More information is available on the certain substances requiring information for risk management web page.

2013 Mandatory survey - section 71 notice

In March 2013, a notice was issued in the Canada Gazette, Part I: Vol.147, No.13 - March 30, 2013 under section 71 of CEPA. This notice applied to the 10 substances included in this substance grouping and sought to obtain information to inform the risk assessment and, if necessary, the risk management for this group of substances.

A compilation of the non-confidential data received on certain organic flame retardant substances in response to the section 71 notice, including information submitted on a voluntary basis, is available via the Government of Canada Open Data Portal. Along with the compilation, a non-confidential information summary provides general information on the volume of information received and the substances, activities, substance functions, commercial uses and sectors most often reported.

Final screening assessments, state of the science reports and risk management approaches

In May 2019, final screening assessments for DP, TCP, EBTBP and DBDPE and final state of the science reports for ATE, TBB and TBPH were released. The related notices were published in the Canada Gazette, Part I: Vol. 153, No. 19 - May 11, 2019.

Final screening assessments for TCP and EBTBP concluded that these 2 substances are not harmful to human health or the environment. Therefore the Minister of the Environment and the Minister of Health propose to take no further action on these substances at this time under the Act. No proposed risk management approaches were prepared for these substances.

The final state of the science reports for ATE, TBB and TBPH indicate that, at current levels of exposure, these substances are not considered harmful to human health or the environment. These substances had been previously evaluated under the New Substances program and were suspected to meet various section 64 criteria (based on the pre-market projections of use quantities). Even though the results of the current draft state of the science reports indicate that current levels are unlikely to pose a risk, the substances are commercial alternatives to other flame retardants and there is a possibility that quantities could increase in Canada. These substances will therefore continue to be subject to the new substances provisions of CEPA and to any associated ministerial conditions, to require pre-market notification of any new entrants importing or manufacturing these substances and to allow risk management measures to be put in place, should they be deemed necessary.

Final screening assessments for DP and DBDPE concluded that these 2 substances are harmful to the environment as set out in paragraph 64 (a) of CEPA. Therefore the Minister of the Environment and the Minister of Health propose to add them to Schedule 1 to CEPA.

Proposed risk management approaches for DP and DBDPE were released in conjunction with these publications, for a 30-day public comment period.

Final screening assessments for the remaining 3 substances in the Certain Organic Flame Retardants Substance Grouping (melamine, TCPP and TDCPP) will be released at a later date.

In October 2016, 6 draft screening assessments and 2 draft state of the science reports, which collectively consider the 10 substances in the Certain Organic Flame Retardants Substance Grouping were released and the related notices were published in the Canada Gazette, Part I: Vol. 150, No. 41 - October 8, 2016.

Additional risk characterization document and risk management scope

In January 2025, the Additional Risk Characterization Document – Update to the Human Health Assessment of Melamine was released and the related notice was published in the Canada Gazette, Part I: Vol. 159, No. 4 – January 25, 2025.

On the basis of information presented in the risk characterization document, exposure to melamine from melaware (including bambooware), foam-containing products (including mattresses, upholstered furniture, infant and child restraint systems as well as booster seats), paints, sealants, and cooktop cleaner may be harmful to human health.

A revised risk management scope for melamine was also released in conjunction with this publications. There is a 60-day public comment period associated with these publications.

In October 2020, the updated draft screening assessment for melamine was published. Since that publication, new critical health effects were identified and exposure to melamine was re-examined. The risk characterization document contains an updated characterization of the human health risk associated with exposure to melamine to inform the melamine assessment.

Updated draft screening assessments and risk management scopes

In October 2020, the updated draft screening assessments for melamine, TCPP and TDCPP were released and the related notices were published in the Canada Gazette, Part I: Vol. 154, No. 42 - October 17, 2020.

On the basis of the information presented in these updated draft screening assessments, it is proposed to conclude that melamine, TCPP and TDCPP pose a risk to human health, and therefore meet the criteria under paragraph 64 (c) of CEPA.

Risk management scopes for melamine and for TCPP and TDCPP were also released in conjunction with these publications. There was a 60-day public comment period associated with these publications.

In October 2016, the original draft screening assessments for melamine, TCPP and TDCPP were released and the related notice was published in the Canada Gazette, Part I: Vol. 150, No. 41 - October 8, 2016. Significant new information subsequently became available regarding exposure to certain products available to consumers. As a result, the draft assessments were revised and updated.