PFAS report, BTEX guidelines and Arctic oil ban

Summary#

This Canada Gazette issue publishes several government notices on environment and related matters. It announces that the Federal Environmental Quality Guidelines for benzene, toluene, ethylbenzene and xylene (BTEX) are posted online, sets conditions for a confidential flame-retardant substance under Ministerial Condition No. 20113 (/Confidential Substance Identity Number 19719-7), releases an Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report proposing to add the PFAS class (excluding fluoropolymers) to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999, and records an Interim Order Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters that is in force as of July 1, 2024.

What it does#

• Posts the Federal Environmental Quality Guidelines for benzene, toluene, ethylbenzene and xylene (BTEX) on the government chemicals website for use in assessing and managing contamination.
• Issues Ministerial Condition No. 20113 allowing manufacture or import of a confidential substance (CSIN 19719-7) only under specific limits:
  • It may be imported only to be used as a flame retardant in the manufacture of expandable polystyrene.
  • It cannot be used to make consumer products with direct human contact or food-grade products.
  • Transfers are allowed only to people who agree to the conditions.
  • The notifier must inform the Minister at least 120 days before starting manufacturing in Canada and provide detailed information about quantities, facility, transport, releases, disposal plans and the manufacturing process.
  • Strict handling, disposal and record-keeping rules apply (for example, rinsing requirements, disposal to engineered hazardous waste landfills, and keeping records for at least five years).
  • These conditions came into force on July 2, 2024.
• Publishes the Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report and a revised risk-management scope:
  • Proposes that the class of PFAS (excluding fluoropolymers) meets one or more of the criteria in section 64 of the Canadian Environmental Protection Act, 1999 and be added to Part 2 of Schedule 1.
  • Releases a revised risk-management scope and invites stakeholder input.
  • Requests public comments within 60 days of publication.
• Records an Interim Order Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters:
  • Bans carrying oils listed in Annex I to MARPOL regulation 43.1.2 in Arctic waters under Canadian jurisdiction, with limited exceptions (life‑saving, cargo, residues from previous voyages, and certain recently constructed vessels that meet safety criteria).
  • Came into force on July 1, 2024.
• Publishes a Privy Council Office notice inviting applications for various Governor-in-Council appointments, with listed closing dates for many positions (for example September 19, 2024 and August 9, 2024 for some roles).

Who's affected#

• Manufacturers, importers and users of the confidential flame-retardant substance (the named notifier and anyone who might receive the substance).
• Producers of expandable polystyrene and companies that handle flame retardants in plastics.
• Waste managers and hazardous-waste landfills that would receive rinsate, containers or residues from that substance.
• People and groups tracking or working on petroleum pollution and marine safety in Arctic waters, including Arctic vessel operators and shipping companies.
• Communities, Indigenous and northern populations, scientists, public health groups, firefighters and industries that use or release PFAS (for example firefighting foam, textiles, food packaging and wastewater/biosolids managers).
• Anyone or any organization interested in applying for federal board and agency appointments.

Why it matters#

• Federal BTEX guidelines give communities and regulators clearer benchmarks for detecting, assessing, and cleaning up common solvent-related contamination.
• The ministerial conditions limit how a new flame retardant can be used, tracked and disposed of, which reduces the chance of broader environmental release and ensures a paper trail if problems arise.
• The PFAS draft report signals a possible major policy shift: if the class of PFAS (excluding fluoropolymers) is added to Schedule 1 of the Canadian Environmental Protection Act, 1999, it would clear the way for national controls and restrictions. The public has 60 days to comment on the science and proposed approach.
• The Arctic oil ban aims to reduce the risk of oil pollution in fragile northern waters and may change how ships plan fuel and cargo for Arctic voyages.
• The appointment notices matter for public governance because they open opportunities to influence federal boards and agencies.