Canada Releases PFAS Reporting Rule！

Laura Cortes

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 312 per- and polyfluoroalkyl substances (PFAS) manufactured, imported or used as a standalone substance, in mixtures or in articles in the 2023 calendar year.?

Substance List：

The?reporting?requirements?will?be?applicable?to?312?PFAS?compounds?listed?in?Schedule?1?of?the?notice.?The?notice?further?breaks?down?the?PFAS?compounds?into?three?parts,?with?different?reporting?requirements?applicable.

12?specified?product?categories:

(i)?that?is?intended?to?be?used?by?or?for?children?under?the?age?of?14?years,

(ii)?that?is?intended?to?come?into?contact?with?the?mucosa?of?an?individual,

(iii)?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,

(iv)?that?is?cookware,?or?a?cooking?or?serving?utensil?that?is?intended?to?come?into?direct?contact?with?heated?food?or?beverage,

(v)?that?is?food?packaging?material,?including?single-serve/disposable?bowls,?plates,?cups,?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,

(vi)?that?is?a?reusable?food?or?beverage?container,

(vii)?that?is?food?processing?equipment,?including?conveyor?belts,?trays,?vats,?nozzles,?moulds,?and?cutters?that?come?into?contact?with?food?or?beverage?prior?to?packaging?and?distribution,

(viii)?that?is?clothing?or?footwear,?including?life?jackets,?personal?flotation?devices,?and?other?safety?apparel,

(ix)?that?is?bedding,?sleeping?bags,?or?towels,

(x)?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?fibre,?yarn?or?fabric,

(xi)?that?is?carpet,?vinyl?or?laminate?flooring,?or?foam?underlay?for?flooring,?intended?to?be?used?by?an?individual,

(xii)?such?that?the?substance?is?intended?to?be?released?from?the?manufactured?item;

Information required:

the name of the person; the address; the business number (Canada Revenue Agency); the name, email and phone number of an individual authorized to act on behalf of the person; a declaration that the information is accurate and complete and so on.

Exclusions:

This notice does not apply to a substance, whether alone, in a mixture, in a product or in a manufactured item that

(a) is only in transit through Canada;

(b) is for personal use;

(c) is intended for use in a laboratory for analysis, in scientific research or as a laboratory standard;

(d) is, or is contained in, a hazardous waste or hazardous recyclable material within the meaning of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations and was exported or imported pursuant to a permit issued under these Regulations;

(e) is, or is contained in, a pest control product registered under the Pest Control Products Act;

(f) is, or is contained in a fertilizer or supplement registered under the Fertilizers Act;

(g) is, or is contained in, a feed registered under the Feeds Act; or

(h) is mixed with, or attached to, a seed registered under the Seeds Act.

This notice does not apply to any person or class of persons who meet the definition of a micro-business, an organization or company with fewer than five employees or less than $30,000 in annual gross revenue.