Canada Requires Businesses to Submit Information on 312 PFAS

The Canadian Department of Environment has issued a new notice that requires relevant parties to submit mandatory data on 312 types of PFAS that were produced, imported, or used in products exceeding certain thresholds during the year 2023, by January 29, 2025. The notice is issued under section 71(1)(b) of the Canadian Environmental Protection Act of 1999.

Reporting Requirements

Schedule 1 of the notice divides the 312 listed PFAS into three parts: Part 1 includes 273 substances, Part 2 includes 26, and Part 3 includes 13. Different requirements apply to different categories of substances.

Canadian businesses that meet any of the following threshold criteria in 2023 are required to implement tiered reporting for imported finished products:

• Manufacturing any of the listed 312 PFAS in quantities exceeding 1000 grams (2.2 pounds);
• Importing more than 10 grams (0.35 ounces) of Part 1 PFAS or more than 100 kilograms (220 pounds) of Part 2 or Part 3 PFAS, whether the substance is present alone or in mixtures, products, or in concentrations exceeding 1 part per million (ppm) in 12 specified categories of reportable finished products;
• Importing more than 100 kilograms of any of the 312 listed PFAS, with concentrations exceeding 1ppm in finished products not included in the 12 specified categories; or
• Using more than 10 grams of listed PFAS in the manufacture of mixtures, products, or articles –whether used alone or in concentrations exceeding 1ppm.

The following 12 categories of imported products are subject to full reporting requirements when they contain listed PFAS above specified thresholds:

1. Products for children under 14, including pacifiers, play mats, and teething toys;
2. Women's products, contact lenses, hearing aids, masks, and other items expected to contact personal mucous membranes;
3. Products likely to cause inhalation exposure or contact with personal skin or oral cavities, such as air fresheners, face masks, dryer sheets, candles, and phone cases;
4. Cookware and utensils in direct contact with heated food or beverages;
5. Food packaging materials, including disposable tableware, food cans, and lid liners;
6. Reusable food and beverage containers, including baby bottles and travel cups;
7. Food processing equipment, including conveyors, trays, large tubs, nozzles, molds, and cutters;
8. Clothing and footwear, including personal flotation devices, sports equipment, and protective wear for professional settings;
9. Bedding, sleeping bags, and towels;
10. Furniture, mattresses, seat cushions, and pillows, where PFAS are present in foam, leather, or textile fibers, yarns, or fabrics;
11. Carpets, vinyl or laminate flooring, and floor foam mats; and
12. Applications where listed PFAS are expected to be released from manufactured items, such as personal care wipes providing surfactants and fragrances, or pens and markers releasing pigments, dyes, or solvents.

Information to be provided includes but is not limited to individual or business names, addresses, business numbers, contact details of responsible persons, and detailed information on the production, use, and import quantities of each chemical substance. Those not included in the 12 categories but exceeding the listed thresholds still need to report, but only need to provide company information and "a short description and generic name of the manufactured item containing the substance".

Exemptions

Reporting is not required under the following conditions:

• "Micro-enterprises" with fewer than five employees or less than $30,000 in annual gross revenue.
• PFAS only in transit through Canada.
• PFAS used for personal purposes.
• PFAS intended for laboratory analysis or scientific research.

Submission Deadline

Eligible businesses must provide reasonably accessible detailed information about facilities and quantities related to the manufacture, import, or use of listed PFAS. Submitters have about six months to provide this information, with a reporting deadline of January 29. They may request additional time, but must do so at least five business days before the January deadline. All extension requests must be submitted to the designated email address of the Department of Environment: substances@ec.gc.ca before the deadline.

If you need any assistance or have any questions, please get in touch with us via service@hfoushi.com.

Further Information

Canada Gazette