Introduction
The Government of Canada has announced its intention to designate PFAS, a family of thousands of human-made chemicals known for their oil- and water-resistant properties, as “toxic” under the Canadian Environmental Protection Act, 1999 (CEPA) and to progressively phase out their use. This designation will apply to all PFAS other than fluoropolymers, a subgroup of fluorocarbon-based plastics that the government intends to assess separately. These proposed legislative changes will likely have wide-ranging impacts on businesses and consumers alike, as PFAS are currently used in a variety of products, including firefighting foams, repellent coatings, food packaging, drugs, cosmetics, sunscreens, pesticides, textiles, non-stick cookware, vehicles and electronics.
Canada’s Scientific Assessment of PFAS
On March 5, 2025, the Government of Canada published the final State of Per- and Polyfluoroalkyl Substances Report (State of PFAS Report), a qualitative assessment of the sources, fate, occurrence and potential impacts of PFAS on the environment and human health. The final report follows public consultations on the Draft State of PFAS Report, published for comment in May 2023, and the Updated Draft State of PFAS Report, published in July 2024. The report concludes that PFAS, excluding fluoropolymers, meet two criteria for toxicity under section 64 of CEPA:
- They are entering or may enter the environment in a quantity or concentration or under conditions that have or may have immediate or long-term harmful effects on the environment or its biological diversity.
- They are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
Proposed Risk Management Approach
Based on this toxicity assessment, the Government of Canada proposes to add PFAS as a class (excluding fluoropolymers) to Part 2 of Schedule 1 of CEPA. Part 2 of Schedule 1 is for “toxic” substances considered to be of lower risk to human health and the environment. Regulation of these substances prioritizes pollution prevention rather than outright elimination, unlike the ‘high-risk’ substances in Part 1, which are prioritized for partial or total prohibition.
The federal government states that once PFAS as a class is added to Schedule 1, it will implement a targeted and phased approach to risk management to reduce human exposure to PFAS and releases of PFAS into the Canadian environment in a manner that balances environmental protection with economic feasibility.
These risk management actions are detailed in the Risk Management Approach for PFAS, a companion document published alongside the State of the PFAS Report. This document explains that the federal government will seek, over time, to achieve the lowest levels of environmental and human exposure that are technically feasible while taking into consideration various socioeconomic factors. The proposed approach is open for a 60-day consultation period from March 8, 2025, until May 7, 2025. Following which, the Government of Canada will initiate the development of specific risk management instruments(s) with further consultation to take place as instrument(s) during their development
The proposed phases of prohibition and the estimated timelines for the next steps of the proposed risk management actions are set out below:
- Phase 1 will prohibit the use of PFAS in firefighting foams that are not currently regulated. The federal government proposes to accomplish this by promulgating a new regulation in spring 2027.
- Phase 2 will address the uses of PFAS in consumer products where alternatives exist, such as certain textiles, ski waxes, building materials and food packaging materials. The analysis of uses that will be prioritized for prohibition will consider costs and benefits, the availability of suitable alternatives and other socioeconomic considerations. Consultation will follow the publication of proposed Phase 1 regulations.
- Phase 3 will evaluate sectors requiring further consideration through stakeholder engagement and further assessments. This phase will consider the prohibition of uses of PFAS where there may not be feasible alternatives at present, including prescription drugs, medical devices and industrial food contact materials. Consultation will follow the Phase 2 risk management measures.
For each phase of risk management, the federal government says it will consider whether exemptions are necessary, with a focus on the availability of suitable alternatives and socioeconomic factors, including costs to business and the feasibility of elimination or replacement.
Other Recently Announced Risk Management Measures
The Government of Canada has indicated that the proposed Risk Management Approach will be complemented by other control and information-gathering measures, including the addition of 163 PFAS to the National Pollutant Release Inventory (NPRI), Canada’s public inventory of releases, disposals and transfers of specific chemicals from certain categories of facilities. According to the government, these new reporting requirements will enhance its understanding of the use and impacts of these PFAS.
The federal government has also indicated its intention to address three PFAS subgroups – perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA) and long-chain perfluorocarboxylic acids (LC-PFCAs), their salts and their precursors – by updating the Prohibition of Certain Toxic Substances Regulations, 2012 in 2025.
Finally, the Government of Canada has disclosed that it is currently compiling responses received through its mandatory PFAS survey obligation, initiated by way of a Notice issued under section 71 of CEPA. The Notice required individuals and businesses that imported, manufactured or used specified PFAS in Canada in 2023 to report information about those activities, with the objective of establishing baseline commercial data to inform future risk management measures, potentially including new regulations. See our previous Blakes Bulletin: Canada’s PFAS Reporting Requirements: What You Need to Know.
For more information, please contact the authors or any member of our Environmental group.
