Part IOrderVolume 159, Number 10Published: March 8, 2025

PFAS added to Schedule 1 (Part 2)

Canada Gazette, Part I, Volume 159, Number 10: Order Adding a Toxic Substance to Part 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999

On 2025-03-08 the government proposed adding the class of PFAS (excluding fluoropolymers) to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999. The listing itself does not ban products or impose new requirements immediately but enables Environment and Climate Change Canada and Health Canada to develop future risk-management measures (which may include prohibitions) after further consultation. A 60‑day public comment period opened on publication.

Published
March 8, 2025
Department
Unavailable
Section
REGULATORY IMPACT ANALYSIS STATEMENT
Comment deadline
May 7, 2025
Effective date
Unavailable
Publication part
Part I

Summary

Summary#

The government published a proposal on March 8, 2025 to add the class of PFAS (excluding fluoropolymers) to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999. The change itself does not ban anything right away. It lets Environment and Climate Change Canada and Health Canada develop future risk-management measures (which could include bans or other limits) after more consultation. The decision follows the State of PFAS Report, which concluded this class meets health and ecological concern tests in the Act.

What it does#

  • Adds the class “PFAS, excluding fluoropolymers” to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999.
  • Confirms the assessment finding that the class meets the Act’s criteria under paragraphs 64(a) and 64(c) (harm to the environment and to human life or health).
  • Does not create new legal requirements or costs by itself. It only gives the ministers the authority to develop risk-management tools under the Act.
  • Allows future risk-management tools to focus on pollution prevention and to include prohibitions, limits, or other controls if chosen.
  • Notes that fluoropolymers were excluded from this assessment and will be considered in a separate review.
  • Opens a public comment process (a 60‑day period beginning with the publication on March 8, 2025) for this proposed order.

Who's affected#

  • Manufacturers and importers of PFAS-containing chemicals and products.
  • Companies and sectors that use PFAS in products, for example: firefighting foams, food packaging, textiles, cosmetics, medical devices, and some industrial uses.
  • Facilities and sites where PFAS were used or released, including airports and military facilities (many legacy contamination sites are linked to firefighting foam use). There are over 100 federal contaminated sites with confirmed or suspected PFAS contamination.
  • Municipalities and operators of wastewater treatment plants and landfills that handle PFAS-containing waste or biosolids.
  • Provincial and territorial governments, which already have or are developing site standards and guidance for some PFAS.
  • The general public and communities concerned about drinking water, food, indoor dust, and other exposure routes.
  • Note: the proposed order itself does not impose immediate costs on small businesses or others; any future measures would be subject to separate consultation and impact analysis.

Why it matters#

  • PFAS are persistent (“forever chemicals”) and are widely used. They build up in the environment and in people. The government’s assessment found there is enough evidence of harm to justify moving toward controls.
  • Listing on Part 2 is a formal step that enables the government to design and consult on specific rules. Those future rules could change what products can be made, sold or used in Canada.
  • Communities near contamination sites, drinking-water systems, and consumers of certain products may see the biggest long-term benefits if measures reduce PFAS releases.
  • Industries that make or use PFAS should expect more regulatory attention and possible future restrictions.
  • The proposal is part of broader international and provincial efforts to manage PFAS, so Canadian actions may align with measures in other places.

Key topics

Canadian Environmental Protection Act, 1999CEPAChemicals Management PlanCMPPer- and polyfluoroalkyl substancesPFASFluoropolymersPerfluorooctane sulfonatePFOSPerfluorooctanoic acidPFOAAqueous Film-Forming FoamAFFFEnvironment and Climate Change CanadaHealth Canada

Source: Canada Gazette

Official source