The July 13, 2024, Canada Gazette will include a notice announcing the availability of the Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Updated Draft Report) and Revised Risk Management Scope for Per- and Polyfluoroalkyl Substances (PFAS) (Revised Risk Management Scope). The Updated Draft Report defines PFAS as “fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any [hydrogen, chlorine, bromine, or iodine atoms bonded] to it)” and states that the class of PFAS is composed of substances meeting this definition. The Updated Draft Report defines fluoropolymers as “fluorinated polymers made by polymerization or copolymerization of olefinic monomers (at least [one] of which contains fluorine bonded to [one] or both of the olefinic carbon atoms), to form a carbon-only polymer backbone with fluorine atoms directly bonded to it.” According to the notice, Canada proposes to conclude that the class of PFAS, excluding fluoropolymers, meets the following criteria set out in Section 64 of the Canadian Environmental Protection Act, 1999 (CEPA):

• CEPA Section 64(a) “as these substances are entering or may enter the environment in a quantity or concentration or under conditions that have or may have immediate or long-term harmful effects on the environment or its biological diversity”; and

• CEPA 64(c) “as these substances are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.”

The Minister of the Environment and the Minister of Health (the ministers) propose to recommend that the class of PFAS, excluding fluoropolymers, be added to Part 2 of Schedule 1 of CEPA.

According to the Revised Risk Management Scope, Canada is considering:

• As a first step, a regulatory instrument under CEPA to restrict PFAS not currently regulated in firefighting foams; and

• Additional regulatory instrument(s) under CEPA to prohibit other uses or sectors in relation to PFAS. Prioritization for prohibition may be based on factors such as socioeconomic considerations, the availability of feasible alternatives, and the potential for human and environmental exposure.

The Revised Risk Management Scope states that “[v]oluntary risk management actions are also being considered to achieve early results to reduce releases of PFAS, as a complement to the proposed regulatory instruments.” According to the Revised Risk Management Scope, this work would be informed by stakeholder engagement and would reflect and align with the suite of broader risk management options being considered. Voluntary initiatives under consideration include:

• Exploring opportunities to increase disclosure of information (such as labeling) regarding chemicals of concern, that would enable consumers and importers to identify products containing PFAS;

• Engaging with interested sectors on options for voluntarily phasing out of PFAS; and

• Working with North American trading partners on alternatives assessment and informed substitution of PFAS.

Comments are due September 11, 2024.

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