PFAS and Regulatory Updates in Canada Including a Canadian PFAS' Reporting Rule
12 Sep 2024
Canada’s new PFAS regulations require reporting by January 29, 2025
Deadlines are coming!
Per- and polyfluoroalkyl substances (PFAS), sometimes referred to as “forever chemicals,” are a class of thousands of human-made substances used in surfactants, lubricants, and repellents for dirt, water, and grease. PFAS can also be found in certain firefighting foams, food packaging, drugs, cosmetics, sunscreens, pesticides, textiles, non-stick cookware, vehicles, and electronics.
Based on the latest available science, an Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report has been published in the Canada Gazette Canada Gazette, Part 1, Volume 158, Number 28: GOVERNMENT NOTICES.
This report provides a qualitative assessment of the sources, occurrences, fate, and potential impacts of PFAS on the environment and human health to inform decision-making on PFAS regulations in Canada. It is proposed to conclude that the class of PFAS, excluding fluoropolymers as defined in the report, may be harmful to the environment and to human health and meets the criteria under paragraphs 64(a) and (c) of the Canadian Environmental Protection Act (CEPA). The Government is proposing a separate assessment to examine the exposure and hazard profile of fluoropolymers.
The Government has proposed adding PFAS (excluding fluoropolymers) to Schedule 1, part 2. An addition of a substance to Schedule 1 to CEPA enables the Government to propose certain risk management measures under CEPA to manage potential ecological and human health risks associated with the substance.
A Revised Risk Management Scope Revised risk management scope for per- and polyfluoroalkyl substances (PFAS) - Canada.ca has been published concurrently to continue discussions with stakeholders on the risk management options being considered. The scope proposes a phased approach, starting with a regulation to restrict PFAS that are not already regulated in firefighting foams, followed by additional measures to prohibit other uses or sectors in relation to PFAS.
Industry and other interested stakeholders are invited to submit comments on the content of this Revised Risk Management Scope. They can provide information that would help inform decision-making or comment on voluntary risk management actions that could be considered. Comments were required prior to 11 September 2024.
If the final State of PFAS Report confirms that the class of PFAS is toxic, a Risk Management Approach document outlining and seeking input on the proposed risk management instruments would be published concurrently with the final State of PFAS Report.
PFAS Reporting Requirements in Canada Under the S.71 Survey Notice
On 27 July 2024, the Government of Canada published Notice with respect to certain per- and polyfluoroalkyl substances (PFAS) [gazette.gc.ca], a mandatory information gathering Notice under Section 71 of the Canadian Environmental Protection Act, 1999 (CEPA). The Notice targets those manufacturing, importing, and using certain PFAS to submit their information to establish baseline data to inform future activities.
The Notice captures 312 PFAS for mandatory reporting by 29 January 2025. The Government of Canada has published a Guidance Manual [canada.ca] to support those obligated to report to understand their obligations and how to report. Specific instructions on Responding to the PFAS notice - Canada.ca have also been published by the Government of Canada.
Responses to the Notice can be made by downloading and completing an Excel Reporting File and submitting it through ECCC's Single Window. Extensions may be requested to allow more time for those obligated to report to gather and provide the information. Written confirmation of the extension should be seen within 15 business days.
Any person not subject to this Notice, but who has an interest in a substance listed in the Notice or has information the Government may find useful on these substances, are highly recommended to identify themselves and submit this information through a Declaration of Stakeholder Interest.
The Government is holding an information session in English on this matter in September 2024. A second session covering the same content will be scheduled for November later this year for those interested in obtaining more information and guidance on this S.71 Notice.
Looking Ahead: Other Initiatives by the Canadian Government
The Canadian Government plans to publish the final version of the updated Prohibition of Certain Toxic Substances this fall 2024 to further restrict the manufacture, use, sale, offer for sale, and import of the three PFAS subgroups that are already regulated: perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA) and long-chain perfluorocarboxylic acids (LC-PFCAs).
To reduce exposure to PFAS, Health Canada released a draft objective for PFAS in Canadian drinking water in February 2023.
The Government also continues to take further action to reduce the environmental and human health risks from PFAS at known federal contaminated sites. This work may include providing alternative drinking water sources, installing water treatment systems, implementing food consumption advisories, remediating specific areas of the site to remove PFAS hot spots/source areas, and long-term monitoring to determine adherence to developed guidelines and screening values.
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