On July 27, 2024, the Notice with respect to certain per- and polyfluoroalkyl substances (PFAS) (the Notice) was published in the Canada Gazette, Part I, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 (the Act). This Notice covers 312 PFAS substances and sets a compliance deadline of January 29, 2025.
It requires Canadian manufacturers, importers, and users of these substances to report information on their commercial status, facilities (including potential releases), and uses. This data collection is aimed at PFAS substances the Government of Canada has prioritized under the Chemicals Management Plan. The Information gathered will support Environment and Climate Change Canada (ECCC) and Health Canada in making informed decisions on substances prioritization, conducting risk assessments, and, if necessary, implementing risk management measures.
The Chemicals Management Plan (CMP) is a Government of Canada initiative aimed at reducing the risks posed by chemical substances to Canadians and the environment. Through the CMP, the Government of Canada assesses and manages risks to human health and the environment posed by chemical substances that can be found in food and food products, consumer products, cosmetics, drugs, drinking water and industrial releases.
Per- and polyfluoroalkyl substances (PFAS) are a class of thousands to human-made substances. PFAS are commonly used as surfactants, lubricants, and repellants for dirt, water, and grease. They can also be found in certain firefighting foams, food packaging, pharmaceuticals, cosmetics, sunscreens, pesticides, textiles (such as carpets, furniture, and clothing), non-stick cookware, vehicles and electronics. New PFAS compounds continue to be developed and are regularly notified to the Government of Canada.
The notice [Canada Gazette, Part 1, Volume 158, Number 30: SUPPLEMENT] applies to the 2023 calendar year. If a facility meets the reporting criteria for the reporting year, they must respond to the notice with section 71 submission. If the facility does not meet the reporting criteria for the reporting year, they are not required to respond to the notice.
However, if the facility has information that the government may find useful the facility is encouraged to provide this information through a Declaration of Stakeholder Interest (DSI).
The reporting criteria is based on threshold levels listed in the regulation Annex 1. Below is a summary table of reporting thresholds.
Table 1
| Reportable Activity | Substance Alone | Mixture | Product | Manufactured Item | Quantity Threshold | Concentration Threshold | Manufacture | Yes | – | – | – | >1000g | – | Import | Yes | Yes | Yes | Yes | >10g (Part 1 substances) >100kg (Part 2 or 3 substances) | > = 1ppm | Use in the manufacture of a good | Yes | Yes | Yes | Yes | >10g | >= 1ppm |
Below are examples of some of the common substances that may be at use at industrial facilities.
Part 1 substances: Hexafluororisopropanol (CAS # 920-66-1), Trifluoroacetic anhydride (CAS # 407-25-0)
Part 2 substances: Poly(tetrafluoroethylene) (CAS # 9002-83-9), Fluorinated Ethylene Propylene (CAS # 9011-17-0)
Part 3 substances: Hydrofluoroether (CAS # 163702-07-6), Hexafluoroalkene (CAS # 19190-8)
There are some exemptions included in the notice for substances simply transiting through Canada, personal use substances, substances used solely for research and development, and micro-businesses.
Once a facility determines applicability, there are three possibilities of responding to the notice:
1. Excel Declaration File
If the notification criteria are met for one or more reportable substances, the facility must respond to the notice by entering the required data into the Excel Declaration File (EDF) and submitting it by January 29, 2025, the reporting deadline.
Facilities are allowed to request for an extension of time to report to Section 71, however extensions must be requested in writing and the following must be included:
- The name of the organization;
- Contact information;
- The CAS RN of the substances in question; and
- A rationale for the request.
2. Declaration of Stakeholder Interest If the facility has an activity with one or more reportable substances, the facility can opt to submit this information through a Declaration of Stakeholder Interest (DSI). A DSI can be submitted in the following situations:
- The facility did not have an activity with a reportable substance during the reporting year but had an activity in another calendar year.
- Goods were imported or used that contained a reportable substance but did not meet the reporting thresholds.
- The facility imported manufactured items containing reportable substances that did not meet the reporting thresholds.
- The facility has unpublished studies on substances that do not meet reporting requirements.
- The facility has an activity with a reportable substance but benefit from an exemption as listed in Exclusions.
Facilities are encouraged to share information about substances, even if the reporting criteria is not met. A DSI must be submitted through SWIM and an indication must be made if any of the information provided is confidential with its corresponding rationale.
3. Declaration of Non-EngagementIf the facility is not involved with any reportable substances and has no commercial interest in these substances, the facility may send a Declaration of Non-Engagement (DNE) email for the notice to [email protected].
Please note that there is no legal obligation to submit a DSI or DNE, whichever applies; however, the facilities are encouraged to do so.
If you would like to report under the CEPA’s Chemical Management Plan for PFAS and how they may impact your facility, please contact Trinity’s Toronto Office or call 416.391.2527.
