On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on the manufacture, import, and use of 312 specific per- and polyfluoroalkyl substances (PFAS). Canada’s “Guidance manual for responding to the: Notice with respect to certain per- and polyfluoroalkyl substances (PFAS)” (Guidance Manual) states that 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. Canada will use this information to establish baseline commercial use data and support future activities related to the class of PFAS. The list of specific PFAS “is focused on those substances known, or anticipated to be in Canadian commerce that have not been recently surveyed.” Responses are due January 29, 2025.

The notice applies to any person who, during the 2023 calendar year, satisfied any of the following criteria:

• Manufactured a total quantity greater than 1,000 grams (g) of a PFAS listed in Schedule 1;
• Imported a total quantity greater than ten g of a PFAS listed in Part 1 of Schedule 1, or a total quantity greater than 100 kilograms (kg) of a PFAS listed in Part 2 or Part 3 of Schedule 1, whether the PFAS was alone, or at a concentration equal to or above one part per million (ppm) in a mixture or in a product, or at a concentration equal to or above one ppm in certain manufactured items;
• Imported a total quantity greater than 100 kg of any PFAS listed in Schedule 1 at a concentration equal to or above one ppm in a manufactured item not listed; or
• Used a total quantity greater than ten g of a PFAS listed in Schedule 1, whether the PFAS was alone, or at a concentration equal to or above one ppm in a mixture or in a product, in the manufacture of a mixture, a product, or a manufactured item.

The notice applies to PFAS at a concentration equal to or above one ppm in a manufactured item in the following categories:

• That is intended to be used by or for children under the age of 14 years;
• That is intended to come into contact with the mucosa of an individual;
• That is used as intended in a manner such that the substance may be inhaled or come into dermal or oral contact with an individual;
• That is cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food or beverage;
• That is food packaging material, including single-serve and/or disposable bowls, plates, cups, other serving ware, as well as food cans and lid liners, that are intended to or may come into direct contact with food or beverage;
• That is a reusable food or beverage container;
• That is food processing equipment, including conveyor belts, trays, vats, nozzles, molds, and cutters that come into contact with food or beverage prior to packaging and distribution;
• That is clothing or footwear, including life jackets, personal flotation devices, and other safety apparel;
• That is bedding, sleeping bags, or towels;
• That is furniture, mattresses, cushions, or pillows intended to be used by an individual, where the substance is contained in foam or leather or in a textile fiber, yarn, or fabric;
• That is carpet, vinyl, or laminate flooring, or foam underlay for flooring, intended to be used by an individual; and
• Such that the substance is intended to be released from the manufactured item.

While companies located outside of Canada are not subject to the notice, companies importing products must respond to the notice if the criteria are met. In the Guidance Manual, Canada “encourages” foreign suppliers to inform their Canadian customers that they import a reportable substance and may meet the reporting criteria of the notice. According to the Guidance Manual, a letter to help Canadian stakeholders obtain data from their foreign suppliers is available for download on the Request for information from foreign suppliers web page. The Guidance Manual notes that if confidential business information (CBI) cannot be shared with Canadian stakeholders to allow them to respond to the notice, foreign suppliers and Canadian importers can submit information together in the form of a blind submission.

This seems not to be a trivial undertaking. We will report on further developments as they emerge.