In order to strengthen the regulation of PFAS (perfluorinated and polyfluoroalkyl substances) and ensure that relevant enterprises and individuals can report in detail the production, import, and use of these substances, so that the government can better assess their environmental risks and take corresponding management measures, the Canadian government has issued a new measure in accordance with Section 71 (1) (b) of the Canadian Environmental Protection Act (CEPA) of 1999. This measure requires responsible parties within Canada to submit PFAS data information produced, imported, or used as individual substances, mixtures, or items within 2023 by January 29, 2025. This requirement covers 312 known or expected PFAS for commercial use, with a list divided into three parts: Part 1 (273 items), Part 2 (26 items), and Part 3 (13 items).
Responsible parties and scope to be reported:
- manufactured a total quantity greater than 1000 g of any substance listed in Schedule 1;
- imported a total quantity greater than 10 g of any substance listed in Part 1 of Schedule 1, or a total quantity greater than 100 kg of any substance listed in Part 2 or Part 3 of Schedule 1, whether the substance was alone, or at a concentration equal to or above 1 ppm in a mixture, in a product or in the 12 specified categories;
- imported a total quantity greater than 100 kg of any substance listed in Schedule 1 at a concentration equal to or above 1 ppm in a manufactured item NOT listed in the 12 specified categories of manufactured items;
- used a total quantity greater than 10 g of any substance listed in Schedule 1, whether the substance was alone, or at a concentration equal to or above 1 ppm in a mixture or in a product, in the manufacture of a mixture, a product or a manufactured item.
Scope of 12 specific items:
| 1. that is intended to be used by or for children under the age of 14 years. | 2. that is intended to come into contact with the mucosa of an individual. | 3. that is used as intended in a manner such that the substance may be inhaled, or come into dermal or oral contact with an individual. |
| 4. that is cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food or beverage. | 5. that is food packaging material, including single-serve/disposable bowls, plates, cups, other serving-ware, as well as food cans and lid liners, that are intended to or may come into direct contact with food or beverage. | 6. that is a reusable food or beverage container. |
| 7. that is food processing equipment, including conveyor belts, trays, vats, nozzles, moulds, and cutters that come into contact with food or beverage prior to packaging and distribution. | 8. that is clothing or footwear, including life jackets, personal flotation devices, and other safety apparel. | 9. that is bedding, sleeping bags, or towels. |
| 10. that is furniture, mattresses, cushions or pillows intended to be used by an individual, where the substance is contained in foam or leather or in a textile fibre, yarn or fabric. | 11. that is carpet, vinyl or laminate flooring, or foam underlay for flooring, intended to be used by an individual. | 12. such that the substance is intended to be released from the manufactured item. |
Conditions for exemption report:
This notice does not apply to a substance, whether alone, in a mixture, in a product or in a manufactured item that
| 1. is only in transit through Canada | 2. is for personal use | 3. is intended for use in a laboratory for analysis, in scientific research or as a laboratory standard |
| 4. is, or is contained in, a hazardous waste or hazardous recyclable material within the meaning of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations and was exported or imported pursuant to a permit issued under these Regulations | 5. is, or is contained in, a pest control product registered under the Pest Control Products Act | 6. is, or is contained in a fertilizer or supplement registered under the Fertilizers Act |
| 7. is, or is contained in, a feed registered under the Feeds Act | 8. is mixed with, or attached to, a seed registered under the Seeds Act | 9. This notice does not apply to any person or class of persons who meet the definition of a micro-business(Less than five employees or annual revenue less than $30000) |
Information required:
The company name, address, business number, contact information of the person in charge, and detailed information on the production, use, and import volume of each chemical substance of an individual or enterprise.
Precautions for submitting reports:
Information can be submitted in response to notifications through the Single Window online sumbission system of Environment and Climate Change Canada. If you need to apply for an extension of the report, you must submit the application at least 5 working days before the deadline (January 29, 2025) and provide a suggested new submission date. Please indicate ‘PFAS Notification Extension Request’ in the subject line of the email. Extension requests submitted after the deadline of January 29, 2025 will not be approved.
Source: https://canadagazette.gc.ca/rp-pr/p1/2024/2024-07-27/html/sup-eng.html
