Canada Announces PFAS Mandatory Survey

The reporting aims to compile detailed data on PFAS manufacturing, imports, and usage, which will influence future regulations.

Lynn L. Bergeson, Compliance Advisor columnist

Oct. 2, 2024

4 min read

Key Takeaways

Mandatory PFAS Survey: Canada launched a mandatory survey in 2024 to gather information on the manufacture, import, and use of 312 PFAS substances to establish baseline commercial data for future regulatory efforts.
Scope of Reporting: The notice applies to entities that manufactured, imported, or used PFAS in specific quantities in 2023. The focus is on substances in products ranging from cookware to textiles, with responses due by January 29, 2025.
International Impact: Although non-Canadian companies are not directly subject to the notice, importers must ensure compliance, with Canada encouraging foreign suppliers to assist their Canadian customers in meeting reporting requirements.

Canada recently joined a growing list of countries requiring the reporting of certain information on the manufacture, import and use of specific per- and polyfluoroalkyl substances (PFAS).

On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on 312 listed PFAS. Canada’s “Guidance manual for responding to the: Notice with respect to certain per- and polyfluoroalkyl substances (PFAS)” states that the purpose of the notice is to collect information on certain PFAS substances, either alone or in mixtures, products or manufactured items in Canadian commerce for the calendar year 2023. Canada intends to use the information to establish baseline commercial use data and support future activities related to the class of PFAS. The list “is focused on those substances known or anticipated to be in Canadian commerce that have not been recently surveyed.” Responses are due Jan. 29, 2025.

The notice applies to anyone who, in 2023, met any of the following criteria:

Manufactured a total quantity greater than 1,000 grams (g) of a PFAS listed in Schedule 1;
Imported a total quantity greater than 10 g of a PFAS listed in Part 1 of Schedule 1 or a total quantity greater than 100 kilograms (kg) of a PFAS listed in Part 2 or Part 3 of Schedule 1, whether the PFAS was alone, or at a concentration equal to or above one part per million (ppm) in a mixture, in a product or at a concentration equal to or above one ppm in certain manufactured items;
Imported a total quantity greater than 100 kg of any PFAS listed in Schedule 1 at a concentration equal to or above one ppm in a manufactured item not listed; or
Used a total quantity greater than 10 g of a PFAS listed in Schedule 1, whether the PFAS was alone, or at a concentration equal to or above one ppm in a mixture or in a product, in the manufacture of a mixture, a product, or a manufactured item.

Canada intends to use the information to establish baseline commercial use data.

The notice applies to PFAS at a concentration equal to or above one ppm in a manufactured item in the following categories:

Intended to be used by or for children under the age of 14 years;
Intended to come into contact with the mucosa of an individual;
Used as intended in a manner such that the substance may be inhaled or come into dermal or oral contact with an individual;
Cookware, or a cooking or serving utensil intended to come into direct contact with heated food or beverage;
Food packaging material, including single-serve and/or 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;
A reusable food or beverage container;
Food processing equipment, including conveyor belts, trays, vats, nozzles, molds and cutters that come into contact with food or beverage prior to packaging and distribution;
Clothing or footwear, including life jackets, personal flotation devices and other safety apparel;
Bedding, sleeping bags or towels;
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 fiber, yarn or fabric;
Carpet, vinyl or laminate flooring, or foam underlay for flooring, intended to be used by an individual; and
A substance intended to be released from the manufactured item.

While companies outside of Canada are not subject to the notice, firms importing products must respond to the notice if the above criteria are met. Canada “encourages” foreign suppliers to inform their Canadian customers that they import a reportable substance and may meet the reporting criteria. According to the guidance manual, a letter to help Canadian stakeholders obtain data from their foreign suppliers is available for download. The guidance manual notes that if confidential business information can’t be shared with Canadian stakeholders, foreign suppliers and Canadian importers can submit information in the form of a blind submission.

As is always the case, these reporting obligations are important to discharge, and care needs to be applied in doing so. Expect inquiring entities to review all publicly available information submitted by companies globally, so it’s essential to adhere to standard operating procedures to ensure consistency.

About the Author

Lynn L. Bergeson, Compliance Advisor columnist

LYNN L. BERGESON is managing director of Bergeson & Campbell, P.C., a Washington, D.C.-based law firm that concentrates on conventional, biobased, and nanoscale chemical industry issues. She served as chair of the American Bar Association Section of Environment, Energy, and Resources (2005-2006). The views expressed herein are solely those of the author. This column is not intended to provide, nor should be construed as, legal advice.