The Government of Canada is reminding importers/manufacturers of their requirement to respond to an information gathering initiative that applies to certain per- and polyfluoroalkyl substances (PFAS).
The purpose of the notice is to collect information on certain PFAS substances, either alone, in mixtures, products, or manufactured items in Canadian commerce for the calendar year 2023. The deadline for responding to the notice is January 29, 2025.
Who is required to respond (notice sections 2 to 6)
The notice applies to any person who, during the 2023 calendar year, satisfied any of the following criteria:
- manufactured a total quantity greater than 1000 g of a substance listed in Schedule 1
- imported a total quantity greater than 10 g of a substance listed in Part 1 of Schedule 1, OR a total quantity greater than 100 kg of a substance listed in Part 2 or Part 3 of Schedule 1, whether the substance was alone, or at a concentration equal to or above 1 ppm in a mixture or in a product or at a concentration equal to or above 1 ppm in one of the categories of manufactured items
- imported a total quantity greater than 100 kg of any substance listed in Schedule 1 at a concentration equal to or above 1 ppm in a manufactured item NOT listed in the categories of manufactured items
- used a total quantity greater than 10 g of a substance listed in Schedule 1, whether the substance was alone, or at a concentration equal to or above 1 ppm in a mixture or in a product, in the manufacture of a mixture, a product or a manufactured item
As example, following are some imported manufactured item examples – refer to the regulation guide for full list of examples and product categories:
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 jewellery
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
CEPA section 71 response
If you meet the reporting criteria of the notice, you must respond to the notice by submitting the required information in an Excel Reporting File (ERF) to the Government of Canada.
- Download the PFAS ERF from the Responding to the PFAS notice webpage
- Complete the required information (detailed instructions on how to complete the ERF are included in Annex A)
- Submit the ERF to the Government via Environment and Climate Change Canada’s Single Window (instructions on how to submit the ERF through Single Window are included in Annex B)
Obtaining information from foreign suppliers to meet the information requirements for substances in imported manufactured items is strongly encouraged; if the information does not appear to be accessible within the reporting period, please contact us at substances@ec.gc.ca to request an extension (see section 5 below).
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.
For more information please email substances@ec.gc.ca.
For more information, contact Brian Rowe, Director – Customs Compliance & Regulatory Affairs.
