We previously reported on Canada’s efforts to regulate PFAS in drinking water, which at the time were proposed in virtual lock step with EPA’s drinking water initiatives (albeit with not as stringent a proposed drinking water level as the United States). Now, though, Canada has introduced additional written plans for the regulation of PFAS, and it is fair to say that Canada’s PFAS regulatory plans will significantly broaden environmental and product related regulations. The impact of these changes will certainly be felt by companies conducting business in Canada, so understanding the scope of the proposed regulations is critical.

Canada’s PFAS Regulatory Plan

In mid-July 2024, the Canadian government published an updated Draft State of PFAS Report and a revised Risk Management Scope. At over 130 pages of substantive text, the PFAS Report provides broad-sweeping proposals to PFAS regulations in Canada, all of which are proposed on the government’s premise that PFAS are harmful to human health and the environment. Notably, prohibitions for PFAS-containing firefighting foam products will be the priority, with the government pledging to prohibit other uses or sectors that utilize PFAS for various reasons in manufacturing and/or industry. While the country recognizes that any such bans would have to operate in a phased implementation approach, it is seeking information directly from PFAS manufacturers and importers, as well as manufacturing companies using PFAS, to help determine when various product types should be regulated. Recognition will be given to factors such as socioeconomic considerations, the feasibility of alternatives, and the significance of any risk to environment and human health.

Impact On Companies

Without question, Canada’s PFAS regulatory plan will have significant impacts on companies with a business footprint in Canada, or companies that sell products to the country. The informational reporting requirements are akin to the state-level reporting requirements seen in the United States already, and should further accelerate companies’ efforts to determine PFAS presence in their products or feasible substitutes for PFAS. Further, for companies situated in Canada, the intention to regulate water and soil contamination levels raises the specter of enforcement action or potential litigation against companies deemed to be polluters by Canadian regulatory bodies.

CMBG3 Law is following judicial, legislative, administrative, and scientific developments relating to PFAS. We represent companies of all sizes on PFAS compliance, litigation, and risk management issues, as well as consult with insurers and financial world firms on PFAS issues. We are recognized thought leaders on the subject of PFAS and are regularly contacted by media – including Bloomberg, Wall Street Journal, Washington Post – for our opinions on PFAS issues. More information about the services we can provide, including risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.