Canada Proposes Restricting Key Flame Retardants TPHP and TBOEP

The Canadian federal government has signaled an impending regulatory shift for manufacturers and importers of consumer products containing two common organophosphate flame retardants: Triphenyl phosphate (TPHP) and Tris(2-butoxyethyl) phosphate (TBOEP).

Through a recently published Risk Management Scope document, Environment and Climate Change Canada (ECCC) and Health Canada propose classifying both substances as "toxic" to human health under the Canadian Environmental Protection Act, 1999 (CEPA), setting the stage for new risk management measures across multiple sectors.

For compliance professionals and businesses operating in the Canadian market, this document serves as a critical warning to prepare for potential restrictions or prohibitions on these widely used chemicals.

The Proposed "Toxic" Status

Under the rigorous assessment process of the Chemicals Management Plan (CMP), the Government of Canada proposes that TPHP and TBOEP "constitute or may constitute a danger in Canada to human life or health."

This conclusion leads to the recommendation that both substances be added to Part 2 of Schedule 1 to CEPA (the official List of Toxic Substances). While this listing itself does not automatically prohibit their use, it grants the government the authority to implement a range of regulatory and non-regulatory actions to manage the associated risks.

The primary concern identified in the Human Health Risk Characterization is potential dermal exposure (skin contact) from consumer products.

Targeted Products and Proposed Management Actions

The proposed risk management actions are highly specific, focusing on products where TPHP and TBOEP use results in prolonged or high-level skin exposure.

Companies dealing in the following categories must immediately assess their use of TPHP and TBOEP, especially those containing polymeric foams:

Substance	Exposure Source of Concern	Proposed Action Type
TPHP & TBOEP	Products containing polymeric foams (e.g., mattresses, upholstered furniture)	Regulatory and/or non-regulatory actions to reduce prolonged dermal exposure.
TPHP & TBOEP	Foam in certain infant and child restraint systems	Regulatory and/or non-regulatory actions to reduce prolonged dermal exposure for children up to 13 years of age.
TPHP	Certain lubricants and greases	Regulatory and/or non-regulatory actions to reduce dermal exposure for adults.
TPHP	Certain nail care products (cosmetics)	Considering listing TPHP on the Cosmetic Ingredient Hotlist (a measure to prohibit or restrict its use).

The Government of Canada has a regulatory commitment under CEPA: once these substances are officially recommended for addition to Schedule 1, risk management instruments must be proposed within 24 months and finalized within 18 months after proposal.

Stakeholder Information Gap

In line with Canada's evidence-based regulatory approach, the government is actively seeking data from industry stakeholders to inform the final risk management decisions. This is a crucial opportunity for businesses to provide context and mitigate potential economic disruption.

The government is specifically requesting information on:

• Anticipated Economic Impacts if the import/export or use of TPHP and/or TBOEP is prohibited or restricted.

• Alternatives and Alternate Technologies to TPHP and TBOEP (chemical or non-chemical substitutes).

• Ongoing or Anticipated Changes in Use in response to market forces or changes in flammability standards.

• Quantity and Current Use in Canadian-imported/exported products (e.g., adhesives, sealants, paints, plastics, textiles).

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Compliance professionals and manufacturers should submit relevant information ideally by January 21, 2026 to ensure their data is considered during the drafting of the final risk management strategy.

Next Steps

The Risk Management Scope document makes it clear that maintaining the status quo is not an option for TPHP and TBOEP usage in Canada.

1. Supply Chain Audit: Immediately review your product formulations, imported goods, and manufacturing inputs to determine the presence, quantity, and specific use of TPHP and TBOEP.

2. Focus on Foams: Pay particular attention to products containing polymeric foams intended for prolonged skin contact, especially children's items.

3. Prepare for Substitution: Begin identifying and assessing alternative substances or technologies for the uses targeted in the Scope document.

4. Engage in the Comment Period: Utilize the public comment period to submit data and commentary to ECCC and Health Canada regarding economic feasibility and technical alternatives.

   
   

Proactive compliance measures now will be essential to avoiding costly regulatory amendments or product recalls once the final instruments are published.

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