Canada Requires Reporting on PFAS for 2023 Imported Products

Vol. 1420 | 26 Aug 2024

On July 27, 2024, Canada's Minister of the Environment issued a Canada Gazette notice mandating a survey to gather data on the manufacture, import, and use of 312 specific per- and polyfluoroalkyl substances (PFAS). According to the "Guidance Manual for Responding to the Notice on Certain PFAS," the survey aims to collect information on these substances whether in isolation, mixtures, products, or manufactured items within Canadian commerce for the year 2023. This data will help establish baseline commercial use and support future PFAS-related activities. The focus is on substances that are known or expected to be present in Canadian commerce but have not been recently surveyed. Responses are required by January 29, 2025.

Who Must Comply with Canada’s New PFAS Reporting Requirements?

The notice outlines guidelines for anyone who, in 2023, manufactured or imported PFAS either as a standalone substance, in mixtures, in products, or within other manufactured items. According to the criteria the reporting is required if you imported a total quantity greater than 10g of a PFAS listed in Part 1 of Schedule 1, or a total quantity greater than 100 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 or in a product, or at a concentration equal to or above one ppm in certain manufactured items.

Below are the examples of the product categories that require reporting:

• Intended to be used by or for children under the age of 14 years: play mats, pacifiers, toys for babies, toddlers and children, board books, teething toys, plastic toy jewelry.
• Intended to come into contact with the mucosa of an individual: cotton-tipped applicators, mouth guards, dentures, orthodontic equipment (for example, braces, retainers), hearing aids, nasal spray applicator, thermometers, tampons, condoms, contact lenses.
• Used as intended such that the substance may be inhaled, or come into dermal or oral contact with an individual: Scented paper items, air fresheners, candles, markers, dryer sheets, cleaning wipes, face masks / shields, beauty face masks, disposable / non-disposable gloves, mouth guard, mobile phone cases.
• Cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food or
• beverage: pots and pans, woks, griddles, serving ladles or spatulas, plates, bowls, cutlery.
• Food packaging material, including single-serve/disposable bowls, plates, cups, other serving-ware, as well as food cans and lid liners, that are intended to come into direct contact with food or beverage: single serve / disposable containers such as bowls, plates, or cups, bottles such as disposable plastic bottles, plastic, wax, or aluminum food wrap, cereal bags, food or beverage cans, jars or containers, lids of containers.
• Reusable food or beverage container: Reusable water bottles, travel mugs, reusable food storage containers and lids, baby bottles.
• Food processing equipment, including conveyor belts, trays, vats, nozzles, moulds, and cutters that come into contact with food or beverage prior to packaging and distribution, conveyors, trays, vats, nozzles, moulds, cutters, any other machinery or objects that come into contact with food or beverage during processing.
• Clothing or footwear, including life jackets, personal flotation devices, and other safety apparel (excluded: wallets, handbags, backpacks): shirts, pants, outerwear (for example, coats, gloves, hats), undergarments (for example, underwear or boxer shorts), sleepwear (for example, pyjamas), socks, shoes, boots, slippers, sporting gear (for example, skates, helmets, shin pads, gloves), protective clothing used in an occupational setting, inflatable vests, life jackets.
• Bedding, sleeping bags, or towels (excluded: tents): sheets, pillow cases, blankets, sleeping bags, bathroom or kitchen towels, mattress protectors, camper / camping bedding.
• Furniture, mattresses, cushions or pillow intended to be used by an individual, where the substance is contained in foam or leather or in a textile fiber, yarn, or fabric (excluded: lamps, televisions, dentist chair, surgical tables, hospital beds, desks, cabinets or bookcases): mattresses including foam mattresses, pillows, cushions, chairs, sofas, mattress pad, camping / camper mattress, cushions or pillow, vehicle or airplane seats.
• Carpet, vinyl or laminate flooring, or foam underlay for flooring, intended to be used by an individual: carpets or rugs, laminate or vinyl flooring, engineered hardwood, bamboo or cork flooring, vehicle carpet, flooring in homes, office buildings, hospitals, medical or sport facilities.
• Such that the substance is intended to be released from the manufactured item: air freshener diffuser (substances emitted such as fragrances, solvents, etc.), personal care wipes (substances delivered by the wipes such as surfactants, fragrance, etc.), deodorant / antiperspirants (substances delivered from the applicator such as antimicrobials, propellants, etc.), writing instruments (for example, pigments, dyes, solvents such as ink from pens or markers).

What information is required?

• Identification information (company / organization and person reporting)
• Facility information
• Quantity of the substance manufactured, imported, used in the manufacture of a good and exported
• Information on goods

Additionally, you must also report below information for each applicable PFAS substance

• Description and common name of mixture, product or manufactured item containing the substance
• Quantity of substance manufactured, reported in grams or kilograms
• Quantity of substance imported alone, in a mixture, product or manufactured item
• Application code(s) set out in schedule 2 that applies to the substance
• Function code(s) set out in Schedule 3 that applies to the substance
• Concentration or range of concentration of substance by weight in the goods
• Indication of commercial, consumer or children product use

Reporting deadline & extensions:

Any person who is required to respond to the notice must do so no later than January 29, 2025 using ECCC’s online reporting system. Requests for additional time to respond to the notice must be submitted in writing to substances@ec.gc.ca and must include:

• the organization name
• contact information
• substance identifier(s) involved
• the reason for the request

You must request an extension of time in writing before the reporting deadline. It is recommended that you request an extension of time at least 5 business days prior to the deadline and include a new proposed date for your submission. Indicate in the subject line of your email “PFAS Notice Extension Request”. A request for an extension of time submitted after the deadline of January 29, 2025, will not be granted. When making your request, please specify the duration for which you need the extension.

If you have further questions, please contact our technical expert Pankaj Sarda (Pankajkumar.Sarda@intertek.com).