Canada Proposes Stricter Regulations on PFAS

PFAS Overview

PFAS are a large group of man-made chemicals widely used in various industrial applications and consumer products, including firefighting foams, non-stick cookware, water-repellent clothing, and food packaging. Their unique properties, such as resistance to water, oil, and heat, have made them indispensable in many industries. However, these same properties contribute to their environmental persistence, mobility, and bioaccumulation potential, leading to widespread contamination and exposure concerns.

Health and Environmental Concerns

The Updated Draft State of PFAS Report, prepared by Environment and Climate Change Canada (ECCC) and Health Canada, provides a comprehensive assessment of PFAS sources, fate, occurrence, and impacts. The report underscores the significant health risks associated with PFAS exposure, including potential adverse effects on the immune system, liver, and endocrine system, as well as links to certain cancers​​.

Environmental monitoring data reveal that PFAS contamination is prevalent across Canada, affecting various environmental media such as air, water, soil, and wildlife. The extreme persistence of these chemicals, coupled with their ability to travel long distances, has resulted in detectable levels even in remote regions like the Arctic​.

Proposed Regulatory Actions

In response to these findings, the Government of Canada proposes several regulatory measures under the Canadian Environmental Protection Act, 1999 (CEPA). The proposed actions include:

1. Regulatory Instruments for Firefighting Foams: Initial steps will focus on restricting PFAS in firefighting foams, with further regulatory instruments considered for other uses and sectors based on socio-economic factors and the availability of alternatives.
2. Phased Approach to Prohibition: The government aims to gradually prohibit the use of PFAS in various applications, prioritising based on potential exposure risks and socio-economic considerations.
3. Performance Measurement and Evaluation: Continuous monitoring and evaluation will be conducted to assess the effectiveness of the implemented risk management measures and adjust strategies as needed to ensure environmental and human health protection​.

Public Consultation and Future Steps

The Revised Risk Management Scope document invites industry stakeholders and the public to provide comments and additional information to inform the decision-making process. The consultation period will run until 11 September 2024, allowing for a thorough review and incorporation of stakeholder feedback into the final regulatory approach​.

If the final State of PFAS Report confirms the toxicity of the class of PFAS, the government will publish a Risk Management Approach document outlining proposed risk management instruments. This document will also undergo a public consultation to refine and finalise the regulatory measures​.

Canada's proactive stance on PFAS regulation reflects a commitment to safeguarding environmental and public health from the long-term risks posed by these persistent chemicals. By addressing the entire class of PFAS through a precautionary and preventive approach, the government aims to achieve the lowest feasible levels of environmental and human exposure, ensuring a healthier future for all Canadians.

For more information, the public and stakeholders are encouraged to review the full Updated Draft State of PFAS Report and the Revised Risk Management Scope document available on the Government of Canada's website.