PFAS, Boric Acid, Benzothiazoles Notices
Canada Gazette, Part I, Volume 159, Number 10: GOVERNMENT NOTICES
This Canada Gazette issue publishes Environment and Health Canada assessments and notices proposing regulatory steps: a class assessment of PFAS (excluding fluoropolymers) with a proposed Schedule 1 recommendation, an updated draft assessment for boric acid and its precursors, a final assessment recommending listing of MBT and its precursors, ministerial conditions for a specified summed multi-walled carbon nanotube, and consultations including three notified GloFish Corydoras lines. Several risk‑management documents are released for public comment (most comment periods run from 2025-03-08 to 2025-05-07; the GloFish consultation runs to 2025-04-06).
Summary
Summary#
This Canada Gazette notice from the Department of the Environment publishes several environment-related decisions and consultations under the Canadian Environmental Protection Act, 1999. It includes a permit with conditions for a specific form of multi-walled carbon nanotubes, updated and final assessments for several chemicals (boric acid; benzotriazoles and benzothiazoles), the national State of PFAS Report, and a public consultation on three genetically modified aquarium fish — many items carry public comment periods in March–May 2025.
What it does#
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Ministerial permission for one notified carbon nanotube:
- Ministerial Condition No. 21979 allows the manufacture or import (by the original notifier) of a specific summed multi-walled carbon nanotube (at least 96% carbon) but only under strict conditions.
- Key restrictions include bans on use in spray/aerosol consumer products, limits in coatings (0.01% by weight) and structural building materials (0.06% by weight), transfer and record‑keeping rules, spill/notification requirements.
- These conditions came into force on February 21, 2025.
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Boric acid and related substances (updated draft assessment):
- The ministers propose to recommend adding “boric acid, its salts and its precursors” to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999.
- A revised risk‑management scope and the updated draft assessment are published for comment from March 8, 2025, to May 7, 2025.
- The assessment notes large import/use volumes (for example 54,810 to 65,795 tonnes annually, 2017–2020) and identifies environmental and some human‑health risks for certain uses.
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Benzotriazoles and benzothiazoles (final assessment and next steps):
- The ministers concluded that 2‑mercaptobenzothiazole (MBT) and its precursors meet at least one criterion in section 64 of CEPA and propose adding them to Part 2 of Schedule 1.
- Nine benzotriazoles were found not to meet the criteria and no further action is proposed for them now.
- A risk‑management approach for the benzothiazoles was released; feedback accepted March 8, 2025, to May 7, 2025.
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State of PFAS Report (class approach):
- The national State of Per‑ and Polyfluoroalkyl Substances (PFAS) Report concludes the class of PFAS, excluding fluoropolymers, meets one or more CEPA criteria.
- The ministers propose recommending the class (excluding fluoropolymers) be added to Part 2 of Schedule 1, and outline a phased regulatory approach (including prohibiting some uses such as certain firefighting foams).
- A risk‑management approach is published for consultation from March 8, 2025, to May 7, 2025.
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Consultation on three genetically modified aquarium fish:
- A 30‑day public comment period (from March 8 to April 6, 2025) is open on notifications for three GloFish® Corydoras lines submitted under the New Substances program (organisms).
Who's affected#
- Makers, importers and users of the notified multi‑walled carbon nanotube — and anyone who would buy or use products that could contain it (especially makers of sprays, coatings, or building materials).
- Industries and sectors tied to boric acid: manufacturing and importers; makers of insulation, cleaners, cosmetics, engineered wood and gypsum board; agriculture (fertilizers); pulp and paper; oil and gas; and waste/wastewater managers.
- Rubber and tire manufacturers, metalworking and certain mining sectors, and suppliers of additives and corrosion inhibitors — these are most likely affected by the MBT (benzothiazole) findings.
- A very wide group for PFAS: product manufacturers (firefighting foams, textiles, food packaging, cosmetics, medical devices), wastewater and biosolids managers, municipal water operators, contaminated‑site managers, and communities near PFAS release points (including some Indigenous and northern communities and firefighters).
- Aquarium industry, pet retailers and hobbyists for the GloFish consultation.
- Researchers, environmental and health NGOs, and any members of the public who wish to comment during the stated consultation windows.
Why it matters#
- The nanotube condition shows how the government can allow a substance while setting strict limits to reduce inhalation and environmental releases. If you work with nano‑materials or buy related products, these limits affect supply and allowed uses.
- The boric acid assessment signals likely future controls because the government is proposing its addition to the list used to require risk management. That could lead to rules or limits on how common boron‑containing substances are used, affecting many everyday products and industrial processes.
- Adding MBT and its precursors to the regulated list could lead to actions to reduce releases to water — this matters for industries like rubber manufacturing and for communities downstream of discharge points.
- The PFAS report is a major step toward broader, class‑wide action. Because PFAS are persistent and widespread, a move to regulate the whole class (apart from fluoropolymers) could affect many products, waste handling, firefighting practices, water treatment and contaminated‑site management nationwide.
- The consultations (boric acid, benzothiazoles, PFAS, and GloFish) are the public’s chance to provide data or concerns; timelines are short (most comment periods close on May 7, 2025, and the GloFish window closes April 6, 2025).
Key topics
Source: Canada Gazette