PFAS reporting notice for businesses

Summary#

The federal government, using the Canadian Environmental Protection Act, 1999, has issued a notice asking companies to report information about many per- and polyfluoroalkyl substances (PFAS). Businesses that made, imported or used those PFAS in 2023 must send details by January 29, 2025 through Environment and Climate Change Canada’s Single Window.

What it does#

• Requires people who met certain 2023 activity thresholds to report about PFAS listed in Schedule 1. Key thresholds include:
  • manufactured more than 1 000 g of a listed substance;
  • imported more than 10 g (for some substances) or more than 100 kg (for others);
  • used more than 10 g in making mixtures, products, or manufactured items;
  • or imported a listed substance in a manufactured item above 100 kg.
• For many substances, asks for:
  • names and addresses of the company and its facilities;
  • totals for each substance made, imported, used and exported (in grams or kilograms);
  • descriptions of products or manufactured items that contain the substance and their concentrations (including if ≥ 1 ppm);
  • whether goods are intended for consumers, children, commercial use, or export;
  • whether there were known releases to air, water or land and any release-control policies.
• For polymer-type PFAS (Part 2 in the list), asks for technical data such as molecular weight, structural formula and breakdown products, if available.
• Responses go to the Minister of the Environment via the Single Window online system. Claiming confidentiality is allowed when submitting information.
• Companies can ask, before the deadline, for more time by emailing substances@ec.gc.ca.
• The notice excludes things like items only in transit through Canada, personal-use items, certain registered pesticides, fertilizers, feeds and seeds, and small “micro-businesses” (fewer than five employees or under $30,000 in annual revenue).

Who's affected#

• Manufacturers, importers, users and exporters who handled any PFAS on Schedule 1 in 2023 and met the quantity or concentration thresholds above.
• Businesses that make or sell products that could contain PFAS in the kinds of items listed in the notice: for example, items intended for children, cookware, food packaging, reusable food containers, food processing equipment, clothing or footwear, bedding, furniture with foam, flooring, and items designed to release a substance.
• Successors or assignees of those businesses must also comply.
• Exempted: micro-businesses and certain narrowly defined situations (see exclusions).

Why it matters#

• The government is collecting a commercial baseline on many PFAS to decide whether they are toxic and whether controls are needed. That data will inform future rules or restrictions.
• Companies that make or bring these PFAS into Canada may need to gather and share detailed supply-chain and product information by January 29, 2025, or risk enforcement action. Penalties for non-compliance can include fines (for a first offence up to $25,000 for an individual on summary conviction or up to $500,000 for a large corporation on indictment).
• Consumers may notice this because the list targets PFAS in everyday items (cookware, packaging, textiles, furniture, toys and more). The information could lead to future limits or changes in what products are allowed or how they are labelled.