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

PFAS Added to CEPA Schedule 1

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

REGULATORY IMPACT ANALYSIS STATEMENT

Key facts

Published
March 8, 2025
Comment deadline
May 7, 2025
Effective date
Unclear

Summary#

This is a proposed federal order to add the class of per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers, to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). The listing does not itself make new rules, but it lets the Department of the Environment and Department of Health develop future risk-management measures for these substances. A 60‑day public comment period began on March 8, 2025.

What it does#

  • Adds the class of PFAS (as defined by the OECD definition used in the assessment), with fluoropolymers explicitly excluded for separate consideration, to Part 2 of Schedule 1 of CEPA.
  • Gives the Ministers the authority to propose and develop risk-management actions under CEPA for that class of substances. Those future actions could include pollution‑prevention measures and possible prohibitions, but none are being imposed by this order itself.
  • Continues planned work on fluoropolymers in a separate assessment and data collection effort (the order and report note fluoropolymers will be considered later).

Who's affected#

  • Companies that make, import or use PFAS-containing products, such as manufacturers in:
    • firefighting equipment and foams;
    • food packaging and grease-proofing materials;
    • textiles, carpets and leather goods;
    • paints, inks and adhesives;
    • cosmetics, medical devices, and some pharmaceuticals;
    • electronics, refrigeration and automotive parts.
  • Municipalities, airport and military sites, and others involved in managing contaminated sites and wastewater, because PFAS are linked to site contamination (noted in the report as over 100 federal contaminated sites as of April 2022).
  • Waste managers and recyclers, because PFAS can move through landfills, biosolids, and composting streams.
  • Consumers and workers who may be exposed to PFAS in everyday products or through environmental contamination.
  • Anyone with an interest in the chemical policy process: the order is a proposal and was opened for public comment beginning March 8, 2025 for 60 days.

If it is unclear whether a specific product or company will be affected, that is because the order itself does not list individual substances or impose measures—future risk-management proposals would set those specifics.

Why it matters#

  • PFAS are long‑lasting in the environment (often called “forever chemicals”), and the government’s assessment concluded the class (excluding fluoropolymers) can harm ecosystems and human health. That is why the government is moving to list them for further action.
  • Being added to Part 2 of Schedule 1 is a formal step that enables the government to design rules or bans later. It is not a ban by itself, but it signals stronger attention and the possibility of new regulations to reduce exposures.
  • If future tools are proposed, they could affect many products, supply chains, waste‑management practices, and contaminated‑site cleanups. Businesses, municipalities and consumers may eventually see new restrictions, reporting requirements, or product changes depending on what management actions are chosen.
  • The process included public and stakeholder consultation, and some groups supported a class‑based approach while others asked for narrower definitions or separate reviews (for example for fluoropolymers). The final scope and timing of any controls will depend on future consultations and regulatory proposals.

Key topics

Canadian Environmental Protection Act, 1999CEPAChemicals Management PlanCMPPer- and polyfluoroalkyl substancesPFASFluoropolymersPerfluorooctane sulfonate (PFOS)Perfluorooctanoic acid (PFOA)Part 2 of Schedule 1Environment and Climate Change CanadaHealth CanadaAqueous film-forming foamsAFFFforever chemicals

Source: Canada Gazette

Official source