Canada moves to regulate PFAS as class of toxic substances under CEPA

In March 2025 the federal government published its final State of Per- and Polyfluoroalkyl Substances (PFAS) Report (“State of PFAS Report”), proposing to designate most PFAS (excluding fluoropolymers) as “toxic substances” under the Canadian Environmental Protection Act, 1999 (“CEPA”).¹ A new Risk management approach for per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers (“Risk Management Approach”) was also proposed, outlining a phased regulatory strategy and additional measures targeting PFAS use, import, and manufacturing in Canada.² These developments have the potential for widespread impacts across industries and supply chains in Canada and internationally, particularly as regulators worldwide move toward more consistent and coordinated approaches to PFAS restrictions, including in the United States and the European Union.

The State of PFAS Report summarizes four years of research and consultation to address the adverse health and environmental effects of PFAS. While certain PFAS, such as PFOS and PFOAs, have been banned in Canada for nearly two decades, given that PFAS as a class has been the subject of increasing concern to Canadians this initiative reflects a comprehensive review by Environment and Climate Change Canada and Health Canada (“ECCC”).

The report found that most PFAS (except fluoropolymers) meet the definition of a “toxic substance” in Canada because they can harm the environment or pose a risk to human health.³ The report also aligns with the federal government’s commitment to regulate PFAS as a class and concludes that regulating PFAS chemicals together will help prevent companies from swapping out banned PFAS chemicals for similar unregulated ones that might be just as harmful.

Based on the findings in the State of PFAS Report, the Minister of the Environment and the Minister of Health (“Ministers”) made the following recommendations:

1. Add PFAS class to Part 2 of Schedule 1 of CEPA

Once adopted, this recommendation allows the federal government to implement certain risk management measures under CEPA, including regulations or voluntary measures to reduce PFAS use. The actions must be proposed within 24 months of being added to Schedule 1 and finalized within 18 months from the date on which the risk management instrument is proposed.

2. Three-phase plan to regulate PFAS

The federal government proposes a three-phase plan, starting with firefighting foams and expanding to non-essential uses as set out below.

• Phase 1: Prohibit PFAS not already regulated in firefighting foams due to high exposure risk.
• Phase 2: Prohibit PFAS in products where alternatives exist and use is not essential to health, safety, or environmental protection, including:
  • Cosmetics
  • Natural health products and non-prescription drugs
  • Food packaging materials and non-industrial food contact products
  • Consumer paints, coatings, adhesives, and building materials
  • Cleaning products, waxes, and polishes
  • Textiles, including personal protective equipment
  • Ski waxes
• Phase 3: assess and potentially regulate other PFAS uses, such as industrial uses, requiring further evaluation.

3. Other complementary actions

The government also proposed several “voluntary” supporting measures:

• Labelling and disclosure: The Strategy for Enhancing the Disclosure of Substances in Products is expected to be published in 2025, exploring opportunities to increase disclosure of information regarding chemicals of concern to enable consumers and importers to identify products containing PFAS. We are seeing labelling requirements over certain consumer goods also be mandated in other jurisdictions (e.g., California labeling laws).
• Voluntary phase-outs: The government intends to work with industry to encourage industry-led PFAS elimination.
• International coordination: The government intends to continue collaborating with the United States and other global partners under the OECD, Stockholm Convention and other forums.
• Food additives: The government will continue engaging with industry to explore removing PFAS from the applicable list of permitted food additives.

The proposed Risk Management Approach and the proposed Order is open for public consultation between March 8, 2025 and May 7, 2025. Responses to the public consultation process are expected to be available at the same time as the publication of the first proposed instrument.⁴

The federal government has set out the following estimated timeline for next steps on the proposed risk management actions following the end of the consultation on the Risk Management approach:

• Phase 1 (firefighting foams) - Consultation: Summer/Fall 2025 Proposed Regulation: Spring 2027
• Phase 2 (consumables with alternatives) - Consultation to follow the publication of proposed Phase 1 Regulations: 2027
• Phase 3 (other PFAS uses) - Consultation to follow Phase 2 risk management: To be determined

Publication of a final instrument is expected, at the latest, within 18 months from the publication of a proposed instrument.

Organizations can monitor the status of the schedule of activities and consultation processes at Government of Canada: Two year rolling risk management activities and consultations schedule.

In parallel, the federal government provided updates on several other related measures and initiatives:

• Announcement of plans to add 163 PFAS substances to the National Pollutant Release Inventory, requiring certain organizations to provide information annually to ECCC on how these substances are manufactured, processed, or used in quantities exceeding 1kg. A decision on the final requirements is expected to be published in the Canada Gazette in 2025 with the reporting taking place in the following year for releases of PFAS that occurred during the 2025 calendar year.
• Continued compilation of responses to the PFAS Reporting requirement by ECCC which closed on January 29, 2025. To learn more about the developments surrounding PFAS regulation in Canada, see PFAS reporting requirement in Canada: What businesses need to know (September 2024).
• Consideration by ECCC of future consultation on PFAS uses without alternatives and the potential need for regulatory exemptions.
• Continued engagement by the Canadian Food Inspection Agency (“CFIA”) with provinces, municipalities and the biosolids industry on the implementation of an interim standard for PFAS in biosolids imported or sold in Canada as fertilizer. Additional actions to address PFAS in Canada are continuing to take place through initiatives such as the Federal Contaminated Sites Action Plan and guidelines for soil and drinking water quality.

Canada’s move to regulate PFAS as a class of toxic substances under CEPA signals an important shift in chemical regulation – one that aims to close regulatory gaps and prevent harmful substitutions. By adopting a phased approach, the government is prioritizing high-risk and non-essential uses while also allowing time for industry to adapt. This strategy reflects growing international consensus and acknowledges the practical challenges of transitioning to safer alternatives.

Given the widespread use and application of PFAS-containing products, these changes are expected to significantly impact the operations and supply chains of Canadian industries that manufacture, import, or use PFAS. For impacted organizations, the key is early action. Companies should understand their PFAS use across their operations, assess available alternatives, and prepare for compliance, if applicable.