Canada Releases PFAS Reporting Rule

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile Products, Cosmetics and HygieneAugust 21, 2024

SG 132/24

The reporting mandate applies to Canadian businesses and covers 312 substances.

On July 27, 2024, the Canadian government published a notice under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), which requires Canadian businesses to provide information concerning per- and polyfluoroalkyl substances (PFAS) manufactured, imported or used as a standalone substance, in mixtures or in articles in the 2023 calendar year. The reporting requirements will be applicable to 312 PFAS compounds listed in the notice. The notice further breaks down the PFAS compounds into three parts, with different reporting requirements applicable.

Table 1 provides details with regards to the reporting requirements.

CEPA 1999 Sec 71 PFAS reporting notice

Scope

Canadian businesses, which:

Manufactured any of the 312 listed PFAS in a quantity above 1,000g
Imported more than 10g of a part 1 PFAS or more than 100kg of a part 2 or 3 PFAS, whether the substance was alone or present above 1ppm in a mixture, product or in one of 12 specified categories of reportable manufactured items
Imported more than 100kg of any of the 312 listed PFAS at a concentration equal or above 1ppm in a manufactured item outside the 12 specified categories
Used more than 10g of any of the 312 listed PFAS – either alone or in a concentration above 1ppm in the manufacture of a mixture, product or manufactured item

Product Categories

12 specified categories refer to any manufactured item:

That is intended to be used by or for children under the age of 14 years
That is intended to come into contact with the mucosa of an individual
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
That is cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food or beverage
That is food packaging material, including single-serve/disposable bowls, plates, cups and 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
That is a reusable food or beverage container
That is food processing equipment, including conveyor belts, trays, vats, nozzles, molds and cutters that come into contact with food or beverage prior to packaging and distribution
That is clothing or footwear, including life jackets, personal flotation devices and other safety apparel
That is bedding, sleeping bags or towels
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 fiber, yarn or fabric
That is carpet, vinyl or laminate flooring, or foam underlay for flooring, intended to be used by an individual
Such that the substance is intended to be released from the manufactured item

Table 1

The information needs to be submitted by January 29, 2025, through the Environment and Climate Change Canada’s Single Window reporting system. Additional time may be requested prior to the reporting deadline.

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