On July 27, 2024, the Canadian government issued a Notice under Section 71 of the Canadian Environmental Protection Act 1999 (CEPA 1999), requiring Canadian companies to provide information on perfluoroalkyl and polyfluoroalkyl substances (PFAS) produced, imported, or used as individual substances, mixtures, or articles within the calendar year 2023. The reporting requirements apply to the 312 PFAS compounds listed in the notification (substance list: https://canadagazette.gc.ca/rp-pr/p1/2024/2024-07-27/html/sup-eng.html ）.
1. The following situations require information for reporting:
The total production amount exceeds 1000g (312 PFAS substances);
The total import quantity exceeds 10g (293 PFAS substances), or the total import quantity exceeds 100kg (26+13 PFAS substances), if it exists alone, or exceeds 1ppm in a mixture, product, or Class 12 specially designated item category;
The total import quantity exceeds 100kg (312 types of PFAS substances), and their concentration exceeds 1ppm in items outside the 12 specially designated categories;
The total amount used exceeds 10g (312 PFAS substances), and the concentration exceeds 1ppm when used alone or in the manufacture of mixtures, products, or finished products.
2. The 12 specially designated items mentioned above
(i) Intended for use by or for children under the age of 14;
(ii) intended to come into contact with personal mucous membranes;
(iii) Make the substance inhalable or come into contact with the individual's skin or mouth in the expected manner of use;
(iv) Cookware, or cooking or serving utensils intended to come into direct contact with heated food or beverages;
(v) Food packaging materials, including single cup/disposable bowls, plates, cups, other utensils used or likely to come into direct contact with food or beverages, as well as food cans and lid liners;
(vi) Reusable food or beverage containers;
(vii) Food processing equipment, including conveyors, trays, barrels, nozzles, molds, and cutting machines that come into contact with food or beverages prior to packaging and distribution;
(VIII) Clothing or footwear, including life jackets, personal flotation devices, and other safety clothing;
(ix) Bedding, sleeping bags or towels;
(x) Furniture, mattresses, cushions or pillows intended for personal use, PFAS substances contained in foam or leather or textile fibers, yarns or fabrics;
(xi) carpets, vinyl or laminate flooring intended for personal use, or foam padding for flooring;
(xii) PFAS substances are expected to be released from the product;
3. This notice does not apply to the following substances, which exist alone or in mixtures, in products, or in formulations:
(a) Transit only in Canada;
(b) For personal use;
(c) Intended for laboratory analysis, scientific research, or as laboratory standards;
(d) Belonging to the hazardous waste or hazardous recyclable materials referred to in the Regulations on the Cross border Flow of Hazardous Waste and Hazardous Recyclable Materials, or included therein, and exported or imported in accordance with the license issued under this Regulation;
(e) Is or is included in pest and disease control products registered under the Pest and Disease Control Products Law;
(f) Is or is included in fertilizers or supplements registered under the Fertilizer Law;
(g) Is or is included in feed registered under the Feed Law; or
(h) Mixed with or attached to seeds registered under the Seed Law.
Meanwhile, this notice does not apply to any individual or category of individuals who meet the definition of a micro enterprise.
When required to report, relevant report information must be submitted through the Environment and Climate Change Canada's Single Window reporting system before January 29, 2025. Additional time can be requested before the report deadline.
