Written on: December 1, 2024 by Cassandra Taylor
No progress on rule restricting PFAS & flame retardants
Canada is strengthening its regulatory framework for toxic substances, particularly targeting per- and polyfluoroalkyl substances (PFAS) and flame retardants due to their persistence in the environment and harmful effects. The Prohibition of Certain Toxic Substances Regulations 2022 aims to restrict the manufacture, use, sale and import of chemicals such as Dechlorane Plus (DP) and Decabromodiphenyl Ethane (DBDPE), as well as products containing these substances. The proposed regulations would also extend restrictions on perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), long-chain perfluorocarboxylic acids (LC-PFCAs), hexabromocyclododecane (HBCD) and polybrominated diphenyl ethers (PBDEs), which are already subject to prohibition—with some exemptions—under the current regulations. These substances are of concern because of their potential for long-term environmental damage and bioaccumulation.
The 2022 proposal seeks not only to improve environmental protection but also to align with international agreements such as the Stockholm Convention on Persistent Organic Pollutants. Additionally, it aims to streamline Canada’s existing regulations by consolidating and clarifying the rules surrounding toxic substances.
While the regulatory framework was initially expected to be finalized in 2023, the Government of Canada announced a delay in August of that year, pushing the release of the final rule to no earlier than Summer 2024. As of Autumn 2024, there remains no clear timeline for when the final regulations will be published, leaving industries and environmental groups awaiting further updates.
State of PFAS Report & mandatory data submission
In July 2024, Canada released an updated draft of its State of PFAS Report, offering a comprehensive analysis of PFAS across the country. The revised draft incorporates a significant amount of feedback and data gathered during the initial consultation period, as well as information from additional sources. It aims to provide a qualitative assessment of the fate, sources, occurrence and potential impacts of PFAS on both the environment and human health.
In parallel, a mandatory information request was initiated for the 2023 calendar year, requiring companies to report on 312 types of PFAS that were manufactured, imported or used in Canada above specified thresholds. The deadline for submitting information—including company details, facility information, quantities of substances handled and data on related goods—is Jan. 29, 2025. Although foreign suppliers are not directly obligated to report, they are “encouraged to inform” their Canadian importers, promoting collaboration across supply chains to ensure accurate and comprehensive reporting. Health Canada has published a guidance manual for responding to the mandatory data submission notice, which outlines who is responsible for submitting information and how to complete the submission; as well, it explains the reporting thresholds and activities for PFAS listed in the notice.
Federal Plastics Registry set for 2025 launch
As part of Canada’s broader initiative to achieve zero plastic waste by 2030, the Federal Plastics Registry has been introduced to track plastic production, imports and waste management. The registry, managed by Environment & Climate Change Canada (ECCC), will require companies to report data on the lifecycle of plastics, including details on how plastic waste is managed. Reporting will be phased in between 2025 and 2027, with categories including plastic packaging, electronics, textiles and single-use plastics.
The registry, which was first outlined in an April 2024 publication by ECCC, will provide crucial data to support efforts against plastic pollution and promote a circular economy. Additional guidance to aid companies with reporting obligations is expected soon.
The first phase of reporting will begin in September 2025, focusing on plastic products placed on the market during the 2024 calendar year. The reporting system was expected to become accessible in the second half of 2024 to give companies time to prepare, but as of the time of writing, no update has been provided. Schedule 1 of the regulation outlines the types of plastics to be reported, broken down by resin types, resin sources, packaging and other plastic products, organized into various categories and subcategories.
The Government of Canada is considering developing a suite of open standards for plastics data. Due to the fragmented way plastics data is currently collected by various public and private entities, it is difficult to compare or combine datasets. Open standards would provide consistent definitions, formats and organization, improving data interoperability. These standards would help harmonize reporting, reduce administrative burdens for businesses and facilitate the exchange of information for better understanding of plastics flows in Canada.
Recent CEPA Developments
Several key initiatives have been introduced under the Canadian Environmental Protection Act (CEPA), focusing on enhancing transparency, chemical safety and addressing environmental justice concerns. One significant update is the implementation of new software that uses an automated workflow to prioritize chemicals listed on the Domestic Substances List (DSL). This tool allows regulators to efficiently identify substances requiring assessment or regulatory action by analyzing factors such as toxicity, exposure and bioaccumulation. The system integrates diverse data sources, supporting more effective resource allocation and contributing to the broader modernization of CEPA’s chemical management framework.
The Government of Canada has proposed unmasking the identities of 198 chemicals on the DSL that are currently classified as confidential business information. This would involve removing the concealed names and adding these substances to Part 1 of the DSL with their Chemical Abstracts Service Registry Numbers. These amendments, which are part of CEPA reforms under Bill S-5, allow the Minister of the Environment to disclose the identities of substances after 10 years. The 198 substances included in this notice have been listed confidentially on the DSL since 2004 or earlier. The initiative aims to enhance transparency while maintaining protections for proprietary data when necessary.
Another significant development is the passage of Bill C-226, the National Strategy Respecting Environmental Racism & Environmental Justice, which received royal assent in June 2024. This legislation mandates the creation of a national strategy to address environmental racism, a phenomenon where marginalized communities are disproportionately affected by environmental hazards. The bill’s goal is to reduce exposure to harmful pollutants in these communities, while improving overall environmental health and equity. The focus now shifts to implementation, which includes developing the strategy, ensuring community involvement and ongoing monitoring to effectively address environmental injustices. Bill C-226 marks an important step toward ensuring that vulnerable populations are protected from environmental injustices. SPRAY
