Canada plans to regulates PFASs as toxic substances

On 19 May 2023, Environment and Climate Change Canada (ECCC) and Health Canada published their draft state of per-and polyfluoroalkyl substances (PFAS) report. The report signifies a significant development by the Canadian government in acknowledging the potential risks posed by PFASs to human health and the environment. This collaborative effort between Environment and Climate Change Canada (ECCC) and Health Canada moves the government closer to considering regulatory measures to restrict these persistent compounds. 

Based on the findings outlined in the report, which align with the toxicity criteria specified in section 64 of the Canadian Environmental Protection Act (CEPA), the government intends to recommend adding the group of over 4,700 PFASs as a class to Schedule 1 of CEPA. This schedule lists toxic substances within the country, and if confirmed in the final report, it will pave the way for potential regulatory and non-regulatory controls on the use of PFASs, particularly in firefighting foams. The government also aims to explore avenues for reducing exposure to PFASs from other sources and products, while seeking alignment with actions taken by other jurisdictions. 

The draft report indicates the possibility of future regulatory actions not only targeting PFASs in firefighting foams but also addressing their wide usage in cosmetics, food packaging, and other products. This underscores Canada's commitment to intensifying efforts in addressing PFASs comprehensively. The country already regulates the manufacturing, import, use, and sale of specific PFASs such as perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and long-chain perfluorocarboxylic acids (LC-PFCAs). By adopting a class-based approach, Canada aims to align its actions with those of the United States, including initiatives in Maine, as well as with the European Union's proposal to address a broader range of PFASs. In the accompanying risk management scope, the Canadian government expresses its intent to consider alignment with jurisdictions such as the EU, US, Australia, New Zealand, and others. 

Interested parties have the opportunity to provide comments on the draft report and risk management scope until 19 July.