PFAS: Canada Takes Significant Step to Regulate PFAS

The Government of Canada has proposed adding per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers, to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). This proposal follows the publication of Canada's State of PFAS Report, which concluded that these substances may be harmful to the environment and human health, meeting the criteria under paragraphs 64(a) and (c) of CEPA. The proposed order was published for a 60-day public comment period ending on May 7, 2025. (Link)

It's important to understand that adding PFAS to Schedule 1 does not immediately ban or restrict their use, manufacture, or import. Rather, this classification as "toxic" enables the Government to develop and implement enforceable risk management measures under CEPA to address potential ecological and human health risks associated with these substances. For substances added to Part 2 of Schedule 1, the Government must prioritize pollution prevention actions, which may include prohibitions when warranted.
The government has outlined a two-phase approach to manage PFAS risks. Phase 1 will focus on prohibiting PFAS in firefighting foams, with consultation expected by Fall 2025. Phase 2 will target unnecessary PFAS uses in consumer products where alternatives exist, considering factors such as costs, benefits, and availability of substitutes.
This marks Canada's first regulation of a chemical class rather than individual substances, aiming to prevent "regrettable substitution" where restricted chemicals are replaced with similar harmful alternatives. Fluoropolymers are excluded from this classification and will be assessed separately due to their potentially different risk profiles.
Organizations that manufacture, import, or use PFAS in their operations or along their supply chains should begin preparing for increased regulation as Canada joins other jurisdictions worldwide in taking decisive action to control and phase out these persistent chemicals.