Annika Wanderer
Alan Szwajkowski
Canada publishes second draft on the PFAS
Background and Scope
PFAS are synthetic chemicals found in various environments, known for their oil and water repellency, leading to extensive use and persistence in many industries. The Canadian Environmental Protection Act classifies substances based on chemical structure and properties, aligning with the OECD’s 2021 definition of PFAS.
Proposed Regulatory Actions
The proposed actions consist of a phased approach to reducing PFAS exposure. The immediate regulation involves introducing a requirement under the Canadian Environmental Protection Act (CEPA) to restrict unregulated PFAS in firefighting foams. Future prohibitions will focus on developing additional instruments to ban PFAS in other industries. Additionally, voluntary measures will be encouraged to achieve early reductions in PFAS emissions.
Current and Future Regulations
Canada has previously banned certain PFAS (PFOS, PFOA, and LC-PFCAs) under the Prohibition of Certain Toxic Substances Regulations, 2012. Further restrictions are proposed in new regulations are anticipated in late 2024. New PFAS imported into Canada are assessed for risks under CEPA’s New Substances Notification Regulations, with about 100 of over 280 PFAS already subjected to risk management actions.
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