By Saul Chernos

Did you cross paths with members of the PFAS family in 2023? If your organization meets the federal government’s criteria for reporting perfluoroalkyl and polyfluoroalkyl substances, Environment and Climate Change Canada wants to hear from you.

With as many as 14,000 variants, PFAS are revered for repelling moisture and heat and are used in food packaging, cosmetics, clothing and many other products.

But the high chemical stability that gives these chemicals their superpower translates into extreme longevity, and PFAS accumulate in the human body, food chain, and broader environment. With mounting evidence linking at least some of the compounds to cancer, diabetes and multiple immune, reproductive and metabolic disorders, the entire class has faced scrutiny.

Some jurisdictions have banned them in firefighting apparel or mandated their inclusion on ingredient lists when they’re intentionally added to products. Extensive cleanups are also underway at landfills, military bases, brownfields and other sites where the chemicals have been used in firefighting foams or in higher than usual concentrations.

While various regulations restrict and control the use of certain PFAS variants, the federal government introduced a one-time reporting requirement last year with a view to potentially mapping out regulation down the road. Under Section 71 of the Canadian Environmental Protection Act, businesses and other organizations must — with some exceptions — report the manufacture, sale, offer for sale, import, and use in 2023 of 312 specified PFAS variants.

The reporting deadline is January 29, 2025 and Environment Canada spokesperson Josh Brighton describes it as a one-time event aimed at cataloguing the general presence of PFAS rather than measuring specific volumes. “This initiative is to gather baseline data to support future decision making, therefore it is not a recurrent initiative that will carry on in future years,” says Brighton.

Microbusinesses, defined as having fewer than five employees or less than $30,000 in annual gross revenue, are generally exempt. A small retailer or restaurant that imports its own supplies or products containing a listed variant would need to report only if it exceeds the threshold. However, a larger business would have to report unless its source is based in Canada, in which case the duty falls to the importer or manufacturer.

A business or other entity such as a municipality or fire department might find it challenging to identify specific ingredients in individual products or assets, but environmental consultants routinely do this work. “A variety of clients have reached out and asked for support,” says Krista Barfoot, infrastructure sector leader with SLR Consulting in Canada and co-chair of the Ontario Environment Industry Association’s PFAS committee.

“We’ll have a discussion about their specific business and where PFAS might be relevant. We’ll look at the items they import, the products that might trigger the reporting requirements, and then support reaching out to their supply chain for information. And if they’re a manufacturer, then it’s a matter of looking at what they’re using in their manufacturing process. So the effort really involves looking at their operations as a whole and where the risks might be, and then helping them step through the process.”

In Canada, three subgroups of well-studied PFAS (PFOS, PFOA and LC-PFCAs, as well as their salts and precursors) are already prohibited, with some exemptions. Joanna Vince, a partner with Willms & Shier Environmental Lawyers in Toronto, says the 2023 reporting mandate is part of a regulatory continuum.

In 2023, a federal draft report on PFAS substances acknowledged the potential of some of the chemicals to harm human health and the environment, and last summer Environment Canada outlined plans to assess certain classes of PFAS and potentially classify them as toxic. “This shows that the federal government is engaging in the issue,” Vince says. “They’re continuing to do research to better understand how they want to regulate, whether it’s a ban or a restriction.”

For guidance on responding to the: Notice with respect to certain per- and polyfluoroalkyl substances (PFAS), click here.

Saul Chernos is a freelance writer based in Toronto, Ontario.

Want to know more about PFAS? Look for in-depth coverage in the spring quarterly edition of Environment Journal.