Environment and Climate Change Canada (ECCC) and Health Canada (HC) recently shared the federal government’s official intention to regulate per- and polyfluoroalkyl substances (PFAS) under the Canadian Environmental Protection Act, 1999 (CEPA). The move aligns with a global trend to reduce use of PFAS, colloquially referred to as “forever chemicals,” on the basis of the potential for harm associated with long-term exposure to PFAS that persist in the environment.
PFAS are widely used in industrial processes and consumer products due to their unique properties, including heat and water resistance. Accordingly, PFAS regulation will likely impact industrial and commercial activities for a broad range of businesses operating in Canada. Businesses that manufacture, import or use PFAS in their daily operations should monitor and engage with regulatory proposals targeting this broad class of chemicals, both in Canada and around the globe, to ensure that regulations are developed with consideration for operational constraints.
Currently we are nearing the end of Phase I and expect Phase II to be completed before the end of the year.
Phase I: Information gathering
- Broad PFAS Reporting Notice for the purpose of understanding the magnitude and applications of PFAS in Canadian commerce (ended, subject to parties receiving an extension to file): The purpose of this section 71 information gathering initiative was to capture a representative 2023 snapshot of the import, manufacture and use of 312 PFAS chemicals known to be prevalent in Canadian commerce. The information gathered is expected to inform which uses of PFAS will be targeted for prohibition in Phase III (see below).
- Shorter list of PFAS that have been detected in the Canadian environment and with an elevated harm profile will be subject to ongoing reporting under the National Pollutant Release Inventory (NPRI) for 2025, 2026 and 2027 (new facility reporting requirement in relation to PFAS release, disposal and recycling from facilities): On March 8, 2025, ECCC added 163 PFAS to the NPRI, meaning certain industrial and commercial facilities that manufacture, produce or otherwise use a listed PFAS may be required to report quantities of PFAS that are released, disposed of and recycled from the facility in Canada. The list of PFAS selected for NPRI reporting was based on a number of factors, including alignment with other jurisdictions, known presence in the Canadian environmental and evidence of harm to human health and the environment. Unlike the recent PFAS Reporting Notice which was a one-time reporting obligation, the NPRI is typically reissued every three years, creating an annual reporting obligation regarding the release, disposal and recycling of listed PFAS by facilities in Canada.
Phase II: Designating PFAS as “toxic”
- Proposed Order designating PFAS (excluding fluoropolymers) as a “toxic substance” opening the class up for further regulation (consultation ended May 7, 2025): Following a lengthy period of assessment, ECCC and HC concluded that the class of PFAS, excluding fluoropolymers as defined in the report, meet the criteria for toxicity under CEPA, s. 64(a) and (c) and, on March 8, 2025, issued the proposed Order to list PFAS as a “toxic substance.” In turn, toxic substances are subject to the Governor in Council’s regulation making powers under CEPA.
Phase III: Targeted prohibitions based on use and transparency
- Formal regulatory instruments under CEPA will reflect ECCC’s Risk Management Approach, which prioritizes elimination of PFAS use where exposure to the environment and human health is the highest. Regulations will align with existing instruments in the US and EU, where possible, and are expected to be promulgated in order of priority as follows:
- Wave 1: Prohibition on PFAS that are not currently regulated in firefighting foams (draft regulations expected for consultation by fall 2025 to be finalized by spring 2027): Firefighting foams containing PFAS are intended to be released directly into the environment and are alleged to have contaminated groundwater systems in areas affected by wildfires.
- Wave 2: Prohibition of PFAS in a broader range of consumer products, where PFAS are not needed for the protection of health or safety and alternatives are known to exist (consultation to follow the finalization of Wave 1 regulations): Likely to be informed by data gathered through the above-mentioned PFAS Reporting Notice, Wave 2 regulations are expected to target uses of PFAS in food packaging, consumer food contact materials, cosmetics and textiles, which are categories of products subject to increased reporting requirements under the Notice.
- Wave 3: Future prohibition of uses of PFAS when suitable alternatives have been identified (consultation to follow the completion of Wave 2): It is not currently feasible, from a socio-economic perspective, to eliminate or phase out uses of PFAS such as fluorinated gas applications (refrigeration, spray foam insulation); industrial food contact materials, medical devices and other industrial sectors. ECCC recognizes that more time is needed to develop cost-effective and practical alternatives before the Wave 3 regulation of such PFAS applications will be feasible.
- Complementary Strategy for Enhancing the Disclosure of Substances in Products suggests that there will be increased pressure on businesses to have a full understanding of the chemical composition of products placed on the market (publication anticipated in 2025): In its Risk Management Approach, the ECCC states that, in addition to the above prohibitions, it is considering “complementary voluntary risk management actions,” including enhanced disclosure of information (through labelling, for example) regarding chemicals of concern that would help consumers and importers identify products containing PFAS. While stated to be voluntary, consumer demand for increased transparency on the composition of consumer products may influence development of formal labelling requirements.
Dentons Canada’s National Regulatory Group continues to monitor the development of PFAS regulations in Canada and regularly provides practical advice on the impact on various industries and stakeholders. Please contact Monica Song, Yulia Konarski and Emma Fillman if you have any questions regarding substance regulations.
