The Canadian government, through Environment and Climate Change Canada (“ECCC”), issued a notice (the “Notice”) under the Canadian Environmental Protection Act, 1999 (“CEPA”), outlining critical reporting requirements for businesses handling per- and polyfluoroalkyl substances (PFAS) in 2023. Entities that manufactured, imported, or used PFAS must submit their reports by the deadline of January 29, 2025.
Businesses should refer to the Notice for specific reporting thresholds and are encouraged to seek professional advice if they need assistance in understanding their obligations or how and what to report.
Who is Required to Respond?
The Notice applies to any entity in Canada that, during 2023, met certain thresholds related to the manufacture, import, or use of substances listed in Schedule 1. These thresholds vary depending on the type of activity, the substance involved, and its concentration. If you meet any of these thresholds, you are required to respond to the Notice.
If you do not meet a reporting threshold but still handle PFAS, you are encouraged to submit a Declaration of Stakeholder Interest. Entities that are not involved with any reportable substance or do not otherwise meet the reporting thresholds are encouraged to submit a Declaration of Non-Engagement.
What information is required?
If you are subject to the Notice, you must provide specific information, including:
- Identification Information: The name, address, and business number (Canada Revenue Agency) of the reporting entity, as well as the name, email, and phone number of an individual authorized to act on behalf of the entity. Additionally, a declaration must be included, confirming that the information provided is accurate and complete.
- Facility Information (if applicable): Facility names, addresses, release details, and mitigation policies. If the entity owns multiple facilities, a single, consolidated response is required, including information from all locations.
- Substance-Specific Information: Quantities of reportable substances manufactured, imported, used, and exported, as well as product descriptions.
- Technical Data and Additional Studies: Required for certain reportable substances.
What about foreign suppliers?
Foreign suppliers exporting to Canada are not directly subject to the Notice, but Canadian importers must comply if the thresholds in respect of reportable substances are met. Foreign suppliers should therefore be prepared to inform Canadian customers that have imported a reportable substance.
Next Steps
Responses to the Notice are due by January 29, 2025. Any requests for extensions must be submitted at least 5 business days before the deadline, after which such requests will not be accepted.
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