The Department of the Environment has introduced comprehensive reporting requirements for per- and polyfluoroalkyl substances (PFAS) under the Canadian Environmental Protection Act, 1999. Published in the Canada Gazette Part I, Volume 158, Number 30, this directive mandates detailed disclosures from entities handling these substances, which are being scrutinised for their potential toxicity and environmental impact.
Understanding PFAS
PFAS are a group of synthetic chemicals widely used in various products due to their resistance to heat, water, and oil. They are commonly found in non-stick cookware, water-repellent clothing, stain-resistant fabrics and carpets, and some firefighting foams. Due to their extensive use and persistence in the environment, PFAS are often referred to as "forever chemicals."
Duty Holders and Reporting Requirements
The notice applies to manufacturers, importers, and users of PFAS who, during the 2023 calendar year, met the following criteria:
- Manufactured over 1,000 grams of any PFAS listed in Schedule 1.
- Imported more than 10 grams of a PFAS in Part 1 or more than 100 kilograms in Parts 2 or 3, either alone or within products, mixtures, or manufactured items.
- Used more than 10 grams of any listed PFAS in manufacturing processes.
Reporting Obligations
Entities subject to the notice must provide:
- The quantity of PFAS manufactured, imported, used, or exported.
- The specific uses and applications of these substances.
- The presence of PFAS in products intended for children, food contact materials, textiles, and other consumer goods.
This information must be submitted through Environment and Climate Change Canada’s Single Window online system by no later than 29 January 2025. Companies are also required to report any policies or procedures in place to manage or mitigate the release of PFAS into the environment.
Exemptions and Special Cases
The notice does not apply to PFAS in transit through Canada, those used solely for personal purposes, or substances intended for laboratory analysis. Additionally, micro-businesses, defined as entities with fewer than five employees or less than $30,000 in annual gross revenue, are exempt from reporting.
Confidentiality and Extension Requests
Organisations can request that their submissions be treated as confidential under Section 313 of the Act. Requests for extensions beyond the 29 January 2025 deadline must be submitted in writing to the Minister of the Environment before the current deadline. The request should include the legal name of the entity, the specific PFAS involved, and the reason for the extension.
Compliance and Penalties
The Act imposes strict penalties for non-compliance, including fines up to $500,000 for corporations on a first offence, with penalties doubling for subsequent violations. Individuals may also face penalties for providing false or misleading information.
