Part INoticeVolume 158, Number 30Published: July 27, 2024
Industry required to report PFAS uses
Canada Gazette, Part I, Volume 158, Number 30: SUPPLEMENT
DEPARTMENT OF THE ENVIRONMENT
Key facts
- Published
- July 27, 2024
- Comment deadline
- Unclear
- Effective date
- January 29, 2025
Summary#
This is a federal information request about a long list of per- and polyfluoroalkyl substances (PFAS) under the Canadian Environmental Protection Act, 1999. Environment and Climate Change Canada is asking companies and others who handled those substances in 2023 to report quantities, uses and related data by January 29, 2025.
What it does#
- Requires people who manufactured, imported or used any listed PFAS in 2023 (above set thresholds) to provide details about quantities, uses, product types and some technical data.
- Sets different reporting thresholds, for example:
- manufactured more than 1 000 g in 2023;
- imported more than 10 g for substances in Part 1 of the list, or more than 100 kg for substances in Part 2 or Part 3;
- or present at or above 1 ppm in mixtures, products or many types of manufactured items (with lower attention to items that contact food, children, mucous membranes, or that can release the substance).
- Asks for facility information (name, address), whether there were known releases to air/water/land, and any policies to reduce releases.
- For many polymer-type substances (Part 2), requests extra technical details (molecular weight distribution, monomers, decomposition products).
- Allows companies to submit a confidentiality claim with their responses.
- Responses must be sent through the online reporting system (Environment and Climate Change Canada’s Single Window) by January 29, 2025; extensions can be requested by email before that date.
Who's affected#
- Businesses and organizations that, during 2023, manufactured, imported or used the listed PFAS above the thresholds. That includes:
- chemical manufacturers and importers;
- makers or importers of goods that can contain PFAS at or above 1 ppm, especially items that contact food, are for children, are cookware, clothing, bedding, furniture foam, flooring, or anything that may release the substance; and
- companies that use PFAS in manufacturing mixtures, products or manufactured items.
- Micro‑businesses are excluded (fewer than five employees or under $30,000 annual revenue).
- The notice also covers successors/assigns of those parties. If it’s unclear whether a specific firm is covered, the notice allows declarations of stakeholder interest or non‑engagement.
Why it matters#
- The government is collecting a commercial and technical baseline on many PFAS to decide whether these substances are toxic and whether new controls are needed. That can lead to future rules, limits, or bans affecting products and supply chains.
- Firms that fall under the notice must supply accurate data or risk enforcement; fines cited include up to $25,000 for an individual (summary conviction) or up to $500,000 for a large corporation (indictable), for a first offence as described in the Act.
- For the public, the data could inform future actions that affect consumer products, food packaging, and environmental releases of PFAS.
Key topics
Canadian Environmental Protection Act, 1999CEPAper- and polyfluoroalkyl substancesPFASEnvironment and Climate Change CanadaHealth CanadaSingle WindowSchedule 1 (PFAS list)Ethene, tetrafluoro-, homopolymerPerfluoro compounds, C5-18polymersfood packagingconsumer productschemical substancestoxic substances
Source: Canada Gazette