Canada Publishes PFAS Reporting Rule
On 27 July 2024, Canadian Department of The Environment published a Notice which requires reporting on perfluoroalkyl and polyfluoroalkyl substances (PFAS).
This notice applies to any person who, during the 2023 calendar year, manufactured or imported substances described in Schedule 1 of the Notice of the specified quantities.
Controlled Substances
Schedule 1 of the Notice lists three parts for each of the substances. There are 273, 26 and 13 chemicals for Part 1, Part 2 and Part 3 respectively. These substances include: Thymidine, α,α,α-trifluoro-; Ethanol, 2,2,2-trifluoro-; Acetic acid, trifluoro-; Ethane, 2,2-dichloro-1,1-difluoro-1-methoxy-; Phenol, 4-nitro-3-(trifluoromethyl)-; Benzene, 1-chloro-4-(trifluoromethyl)-, etc.
For each substance, the person shall provide the following information:
(a) the application code(s) set out in Schedule 2 that applies to the substance;
(b) the substance function code(s) set out in Schedule 3 that applies to each application code:
Responses to this notice shall be submitted to the Minister of the Environment using the online reporting system available through Environment and Climate Change Canada’s Single Window.
Required Information
This notice for providing information applies to persons as defined below. During the 2023 calendar year, they have:
|
Section |
Persons |
Substances |
Note |
|
2(1) |
Manufactured a total quantity > 1000 g |
Schedule 1 |
- |
|
2(2) |
Imported a total quantity > 10 g |
Schedule 1 Part 1 |
Whether the substance was (a) alone; (b) at a concentration ≥ 1 ppm in a mixture, or in a product; (c) at a concentration ≥ 1 ppm in a manufactured item specified in the Notice section 2(2)(c) which includes an item that is intended to be used by or for children < 14 years. |
|
Imported a total quantity > 100 kg |
Schedule 1 Part 2 |
||
|
Imported a total quantity > 100 kg |
Schedule 1 Part 3 |
||
|
2(3) |
Imported a total quantity > 100 kg |
Schedule 1 at concentration ≥ 1 ppm in a manufactured item |
Other than those listed in paragraph 2(2)(c). |
|
2(4) |
Used a total quantity > 10 g |
Schedule 1 |
Whether the substance was alone or at a concentration ≥ 1 ppm in a mixture or in a product, in the manufacture of a mixture, a product or a manufactured item. |
|
3(a) |
Meet criteria in 2(1), 2(2) or 2(4) |
Schedule 1 Part 1 or Part 3 |
Shall provide the information requested in sections 8, 10, 11 and 12. |
|
3(b) |
Meet criteria in 2(1), 2(2) or 2(4) |
Schedule 1 Part 2 |
Shall provide the information requested in sections 8, 10, 11, 12, 13 and 14. |
|
3(c) |
Meet criteria in 2(3) |
Schedule 1 at concentration ≥ 1 ppm in a manufactured item |
Shall provide the information requested in sections 8 and 9. |
Note: This Notice also applies to any person or class of persons who is/are the successor or assignee of the persons identified in sections 2 or 3.
Exclusions
As decribed in section 5 of the Notice, this requirement 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.
Effective Date
The required information has to be provided no later than 29 January 2025.
Reference
https://canadagazette.gc.ca/rp-pr/p1/2024/2024-07-27/html/sup-eng.html
