441-01707 (Environment)

The Government of Canada published a draft State of PFAS (Per- and polyfluoroalkyl substances) Report which proposes to conclude that the class of PFAS are entering or may enter the environment at levels that are harmful or may be harmful to the environment and to human health.

The draft State of PFAS Report and Risk Management Scope for PFAS were published on May 20, 2023, for a 60-day public comment period. Comments received on the draft report and Risk Management Scope are being considered in the development of the final report. If the proposed conclusion of the draft State of PFAS Report is confirmed in the final report, a Risk Management Approach, a consultation document outlining proposed risk management actions, will be published for a 60-day public comment period at the same time as the final Report. If the proposed conclusion is confirmed in the final report, the Risk Management Approach would recommend an addition to either Part 1 or Part 2 of Schedule 1 of the Canadian Environmental Protection Act. Additional consultations with stakeholders would continue throughout risk management tool development and public comments received would be considered during the development period.

At this stage of the process, the State of PFAS Report is draft. Options for risk management action under consideration are presented in the Risk Management Scope. The Government of Canada is considering:

• regulatory and/or non-regulatory controls to minimize environmental and human exposure to the class of PFAS from AFFF (Aqueous film-forming foam) firefighting foams;
• gathering information necessary to identify and prioritize options for reducing environmental and human exposure from the class of PFAS from other sources and products; and,
• aligning with actions in other jurisdictions, where appropriate.

If the proposed conclusion of the draft State of PFAS Report is confirmed in the final report, a Risk Management Approach would be published for a 60-day public comment period at the same time as the final State of PFAS Report.

However, note that the manufacture, use, sale, offer for sale and import of certain sub-groups of PFAS, namely PFOS (perfluorooctane sulfonate), PFOA (perfluorooctanoic acid), LC-PFCAs (long-chain perfluorocarboxylic acids), their salts and precursors, and products that contain them, are prohibited in Canada through the Prohibition of Certain Toxic Substances Regulations, 2012, with some exemptions.

• In May 2022, proposed Regulations proposed (Prohibition of Certain Toxic Substances Regulations, 2022) that would repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012, were published, which propose to further restrict these groups of substances by removing or providing time-limits for most remaining exemptions. The publication of the final Regulations is expected to take place no earlier than summer 2024 and would come into force six months later.

Health Canada has recently proposed a new objective that will recommend a single treatment-based value for a group of PFAS in drinking water. The proposed drinking water objective represents the lowest concentration that is technically achievable for a larger number (a minimum of 18) of quantifiable PFAS. The purpose of the objective is to reduce exposure (along with potential health risks) while the full guidelines are being re-evaluated. For these reasons, the objective is based on treatment feasibility for drinking water treatment plants and not an assessment of individual health-based values. Health Canada acknowledges that as more toxicity data are published, an increasing number of health effects are being associated with exposure to PFAS, and at lower levels. Health Canada will continue to monitor the science and will incorporate the results of new toxicology studies in the full reassessment of the guidelines for PFAS in drinking water.

While validated and standardized analytical methods are currently available for a combined total of 29 PFAS in drinking water, new methods that will measure a greater number of compounds are under development by regulatory authorities and academics in many countries. In addition, Government of Canada research laboratories have been focused on improving analytical detection methods for PFAS in different exposure media, including drinking water. Health Canada is in contact with these laboratories and with the Canadian Association of Laboratory Accreditation. The coming objective for PFAS in drinking water will encourage more laboratories to develop their capacity for measuring PFAS.

Health Canada plays a leadership role in science and research on drinking water and derived the objective for PFAS in drinking water in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water. However, setting regulatory standards for drinking water, and the implementation of such standards, is the responsibility of provinces and territories. Health Canada recognizes the challenges of implementing the drinking water objective for PFAS and will continue to support provinces and territories through provision of health guidance, and advice on testing protocols and drinking water treatment strategies moving forward.

The priority for clean-up of federal contaminated sites follows an established prioritization process aimed at reducing the environmental and human health risks, and the associated federal financial liabilities. In cases of off-site migration of contaminants, federal departments coordinate with local health services to communicate the risks.

The Federal Contaminated Sites Action Plan (FCSAP) provides funding for the assessment, remediation, and risk management of federal contaminated sites. Funding is provided to departments, agencies and consolidated Crown corporations that have accepted responsibility for the contamination. Please see Funding of federal contaminated sites - Canada.ca for more information. There are federal contaminated sites that are contaminated with PFAS, and available FCSAP funding is provided to custodians to conduct assessment, remediation, and risk management activities at eligible sites based on potential risks to human health and the environment.

Information on all known and suspected contaminated sites under the custodianship of federal departments, agencies and consolidated Crown corporations is publicly available online at Federal Contaminated Sites Inventory (tbs-sct.gc.ca). PFAS is currently not a search category; however, a search by keyword such as ‘fire training area’ identifies sites where PFAS is likely to be a contaminant. Each contaminated site record includes information such as the location of the site, the severity of contamination, the contaminated medium, the nature of the contaminant, progress made to date in identifying and addressing contamination, and how much liquid and solid-based media have been treated.

Environment and Climate Change Canada (ECCC) is considering adding requirements for reporting of releases and transfers of PFAS to the National Pollutant Release Inventory (NPRI) beginning with the 2025 reporting year. The consideration of this issue will occur in line with ECCC’s Process for proposing and considering changes to NPRI. The NPRI Multi-Stakeholder Work Group (MSWG) is the primary consultative body for the NPRI. Due to the complexity of considering PFAS for addition to the NPRI, a sub-group has been formed to provide technical advice and support. Members include representatives of civil society organizations, Indigenous governments and organizations, and industry organizations. With the help of experts from the Government of Canada, the sub-group will consider if and how PFAS should be added to the NPRI. When changes to NPRI requirements are consulted on, a notice is published on the Proposed Changes to NPRI webpage.

The Government of Canada has begun gathering information necessary to identify and prioritize options for minimizing environmental and human exposure from the class of PFAS, including on uses and alternatives. If the final State of PFAS Report confirms that the class of PFAS is toxic, a Risk Management Approach document outlining and seeking input on the proposed risk management instruments would be published concurrently with the final State of PFAS Report, and additional information gathering and consultation to refine the risk management proposals would take place.

Any regulatory measure that would address PFAS would take into consideration the availability of suitable alternatives, including the costs and benefits of switching to those alternatives. This would include non-chemical alternatives. Information gathering to fully understand the availability of alternatives and the costs of transitioning to alternatives would also take place before risk management actions were taken. Additional opportunities for public and stakeholder engagement would be provided during the subsequent development of risk management actions.