PFAS class proposed for Schedule 1
Canada Gazette, Part I, Volume 157, Number 20: GOVERNMENT NOTICES
DEPARTMENT OF THE ENVIRONMENT
Key facts
- Published
- May 20, 2023
- Comment deadline
- July 19, 2023
- Effective date
- May 10, 2023
Summary#
This Canada Gazette notice covers three Environment items. It allows limited manufacture or import of one chemical under conditions, updates the federal list of non-domestic chemicals, and releases a draft national report on the class of chemicals known as PFAS with a proposal to add the class to Schedule 1 of the Canadian Environmental Protection Act, 1999 and a public comment period.
What it does#
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Ministerial Condition No. 21471: Permits the manufacture or import of the chemical ethane, 1-ethoxy-2-(2-methoxyethoxy)- (CAS 1002-67-1) but only under tight conditions:
- It can be used or imported only as a component of printing ink or printer cleaning fluid for printing uses that are not consumer products regulated under the Canada Consumer Product Safety Act.
- The original notifier must only transfer the chemical to people who agree in writing to follow these limits.
- The notifier must keep records (use, quantities, buyers, confirmations) for at least five years and keep them at their Canadian business address.
- These conditions came into force on May 10, 2023.
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Order 2023-66-01-02: Amends the Non‑domestic Substances List by adding many substances (long lists of CAS numbers) to Part I and Part II of the list. This is an administrative update to the federal chemical inventory.
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Order 2023-87-06-02: Removes three CAS numbers from Part I of the Non‑domestic Substances List because they were added to the Domestic Substances List. The removal takes effect when the related Domestic Substances List order comes into force.
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Draft PFAS state of the science and risk-management documents:
- The government released a draft report and a risk-management scope document about the broad class of PFAS (over 4,700 substances, per the report).
- The ministers propose recommending that the class of PFAS be added to Schedule 1 of the Canadian Environmental Protection Act, 1999 (meaning they consider the class may meet the law’s criteria for toxic substances).
- The government is asking for public input for 60 days after the notice was published.
Who's affected#
- The company or individual who submitted the original notification for CAS 1002-67-1 (referred to as the “notifier”) and any companies that make, import, sell, or receive that specific chemical for printing-ink or printer-cleaning uses.
- Suppliers and buyers in the commercial printing and industrial cleaning markets who handle printing inks and printer cleaning fluids.
- Chemical manufacturers, importers and data managers who track additions to the Non‑domestic Substances List or who work with substances newly listed or moved to the Domestic Substances List.
- Many sectors and communities with an interest in PFAS policy, including:
- companies that make or use PFAS-containing products (e.g., firefighting foam, textiles, food packaging, cosmetics);
- public water utilities and contaminated-site managers;
- communities near known PFAS sources (for example sites with AFFF firefighting foam use);
- groups noted in the draft report such as northern Indigenous communities and firefighters, who may have higher exposures.
- Anyone who wants to comment on the proposed PFAS action during the 60-day consultation period.
Why it matters#
- The ministerial condition shows how the government can allow a chemical to be used with strict limits and tracking instead of an outright ban. That affects how some industrial users can keep using a substance while authorities monitor its movement.
- Updates to the Non‑domestic Substances List are routine but important for businesses that import, export, or notify chemicals. Being added or removed from these lists can change reporting and assessment requirements.
- The draft PFAS report is significant because it treats PFAS as a single class rather than many separate chemicals. If the government adds the class to Schedule 1, it would open the way to stronger national controls and risk-management actions on a very large group of substances that are persistent in the environment. That could affect manufacturers, product suppliers, contaminated-site clean-up plans, and many communities. The government is asking for public input before deciding.
Key topics
Source: Canada Gazette