Canada published its Final State of PFAS Report, concluding that per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers, meet the criteria for designation as toxic under the Canadian Environmental Protection Act, 1999 (CEPA). This decision sets the stage for tighter regulations on these “forever chemicals.”

Key Findings & Regulatory Implications

• Fluoropolymers Excluded: Following industry input, fluoropolymers, used in non-stick cookware, textiles, and electronics, are excluded due to their lower exposure risks.

• Toxic Listing Under CEPA: The government recommends adding PFAS (excluding fluoropolymers) to Part 2 of CEPA’s List of Toxic Substances, enabling future regulatory measures.

• Proposed Risk Management Approach: New rules could begin in 2025, affecting multiple industries.

Planned Regulatory Phases

Phase 1 (2025–2027):

• Expansion of PFAS bans in firefighting foams.

• Spring 2025: Initial regulations on long-chain PFAS.

• Full implementation by Spring 2027.

Phase 2 (Post-2027):

• Bans on PFAS in consumer goods, including cosmetics, food packaging, textiles, paints, and cleaning products.

• Economic and alternative product assessments before implementation.

Phase 3 (TBD):

• Restrictions on PFAS in critical sectors (medical devices, industrial food contact materials, mining, petroleum, transport, and military applications).

• Timeline depends on feasibility of alternatives.

Consultation & Industry Impact

• Exemptions may be considered based on necessity and socio-economic impact.

• The government is seeking industry feedback until May 7, 2025.

• Consultation periods and final regulatory instruments will follow structured timelines.

The phased approach and openness to industry concerns signal a collaborative effort toward regulating PFAS while balancing economic and safety considerations.

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