PFAS import conditions; bentonite rescinded

Summary#

The Department of the Environment published several short notices about chemical controls. It rescinded two previous permissions for importing a specific bentonite product and set new, detailed conditions for manufacturing or importing a fluorinated chemical (1‑octanesulfonic acid, a PFAS‑related substance), which come into force on July 25, 2023. The department also removed four substances from the Non‑domestic Substances List (the exact effective day depends on a separate order).

What it does#

• Rescinds Ministerial Condition No. 19317 and Ministerial Condition No. 20267 that had allowed import of bentonite, lanthanian (CAS 302346-65-2). The notices say this substance is used in ways governed by the Pest Control Products Act, so CEPA notification rules do not apply.
• Adds Ministerial Condition No. 21574 for 1‑octanesulfonic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8‑tridecafluoro‑ (CAS 27619-97-2) permitting manufacture or import only under set conditions. Key points:
  • The named notifier (the person who provided information on June 1, 2023) may manufacture/import the substance under these conditions.
  • The notifier must give the Minister advance technical information at least 120 days before starting manufacture in Canada.
  • If the substance is accidentally released, the notifier must stop further release and notify an enforcement officer immediately.
  • Before transferring the substance, the notifier must tell recipients in writing about these conditions and get written confirmation that they were informed.
  • The notifier must keep records of uses, quantities, transfers, and confirmations, and retain them for at least five years.
  • These conditions came into force on July 25, 2023.
• Issues Order 2023-87-08-02 deleting four CAS numbers ( 6920-22-5, 18297-63-7, 51728-26-8, 141091-65-8) from Part I of the Non‑domestic Substances List. The order’s effective date is linked to another order and is not specified in this notice.

Who's affected#

• Manufacturers, importers, distributors, and users of bentonite, lanthanian (CAS 302346-65-2) — especially those whose use falls under the Pest Control Products Act.
• The notifier and any companies that manufacture, import, sell or otherwise handle 1‑octanesulfonic acid (CAS 27619-97-2) in Canada.
• Downstream recipients who will receive written notice of the ministerial conditions.
• Laboratories and consultants who prepare the technical and reporting documents.
• It is unclear from the notice which industries correspond to the four substances removed from the Non‑domestic Substances List; affected parties would be those that work with those specific CAS numbers.

Why it matters#

• The rescissions clarify which law governs a specific bentonite product: if it’s a pesticide use, pesticide rules — not the CEPA new‑substance rules — apply. That can change what paperwork and approvals importers need.
• The new ministerial conditions formally allow a fluorinated substance to be made or imported, but only with strict notification, release‑control and record‑keeping requirements. That reduces the chance of unreported releases and gives regulators more information about who is using the chemical and how.
• Removing substances from the Non‑domestic Substances List can change reporting and assessment obligations for companies that handle those chemicals. The notice does not give a firm effective date for that change, so affected businesses may need to watch for the linked order.