Environment Canada has issued new reporting rules for 312 PFAS substances

On July 27, 2024, Environment Canada issued a notice pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999. The notice requires Canadian businesses to provide online information on perfluoroalkyl and polyfluoroalkyl substances (PFAS) manufactured, imported or used as a standalone substances, in mixtures or in articles during the 2023 calendar year by January 29, 2025. This notice contains the information required for the submission of the report and the list of 312 PFAS compounds (273 items in Part 1, 26 items in Part 2 and 13 items in Part 3 of Schedule 1)

This notice applies to any person who, during the 2023 calendar year:

(1) manufactured a total quantity greater than 1 000 g of any substance listed in Schedule 1;

(2) imported a total quantity greater than 10 g of a substance listed in Part 1 of Schedule 1, or a total quantity greater than 100 kg of a substance listed in Part 2 or Part 3 of Schedule 1 whether the substance was

(a) alone;

(b) at a concentration equal to or above 1 ppm in a mixture, or in a product;

(c) at a concentration equal to or above 1 ppm in a manufactured item:

(i) that is intended to be used by or for children under the age of 14 years,

(ii) that is intended to come into contact with the mucosa of an individual,

(iii) that is used as intended in a manner such that the substance may be inhaled, or come into dermal or oral contact with an individual,

(iv) that is cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food or beverage,

(v) that is food packaging material, including single-serve/disposable bowls, plates, cups, other serving-ware, as well as food cans and lid liners, that are intended to or may come into direct contact with food or beverage,

(vi) that is a reusable food or beverage container,

(vii) that is food processing equipment, including conveyor belts, trays, vats, nozzles, moulds, and cutters that come into contact with food or beverage prior to packaging and distribution,

(viii) that is clothing or footwear, including life jackets, personal flotation devices, and other safety apparel,

(ix) that is bedding, sleeping bags, or towels,

(x) that is furniture, mattresses, cushions or pillows intended to be used by an individual, where the substance is contained in foam or leather or in a textile fibre, yarn or fabric,

(xi) that is carpet, vinyl or laminate flooring, or foam underlay for flooring, intended to be used by an individual,

(xii) such that the substance is intended to be released from the manufactured item;

(3) imported a total quantity greater than 100 kg of any substance listed in Schedule 1 at a concentration equal to or above 1 ppm in a manufactured item other than those listed in paragraph 2(2)(c); or

(4) used a total quantity greater than 10 g of any substance listed in Schedule 1, whether the substance was alone or at a concentration equal to or above 1 ppm in a mixture or in a product, in the manufacture of a mixture, a product or a manufactured item.

This notice does not apply to the following substances, whether alone, in a mixture, in a product or in a manufactured item

(a) is only in transit through Canada;

(b) is for personal use;

(c) is intended for use in a laboratory for analysis, in scientific research or as a laboratory standard;

(d) is, or is contained in, a hazardous waste or hazardous recyclable material within the meaning of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations and was exported or imported pursuant to a permit issued under these Regulations;

(e) is, or is contained in, a pest control product registered under the Pest Control Products Act;

(f) is, or is contained in a fertilizer or supplement registered under the Fertilizers Act;

(g) is, or is contained in, a feed registered under the Feeds Act; or

(h) is mixed with, or attached to, a seed registered under the Seeds Act.

Remark: This notice does not apply to any person or class of persons who meet the definition of a micro-business. (“micro-business”means an organization or company with fewer than five employees or less than $30,000 in annual gross revenue)

Reporting information should be submitted to the Minister of the Environment using the online reporting system available through Environment and Climate Change Canada’s Single Window. The person seeking such extension shall submit, prior to the deadline, a request to the Minister of the Environment at the following email address: substances@ec.gc.ca.

CTT Reminder:

Canada requires relevant companies to submit detailed information on 312 PFAS substances within a specified time period. This measure aims to evaluate the toxicity of listed PFAS substances and provide scientific basis for whether and how to control them in the future. CTT suggests that relevant companies to start preparing the required report information as early as possible to ensure the smooth submission of complete and accurate reports before the specified deadline, to avoid related risks. CTT can provide enterprises with one-stop comprehensive solutions for consulting, testing and training. For more detailed information, please contact us.

Original link:https://canadagazette.gc.ca/rp-pr/p1/2024/2024-07-27/html/sup-eng.html