The deadline for meeting reporting requirements of the Notice with respect to certain per- and polyfluoroalkyl substances issued by Environment Canada and Climate Change (ECCC) is Jan. 29, 2025 (the Notice). The reporting obligations and other details about the Notice can be found in our other article found here.
With the deadline to respond around the corner, companies captured under the Notice such as users, importers, and manufacturers, as well as those up the supply chain, may be seeking confirmation from vendors and suppliers that they independently comply with the Notice in place of carrying out the inquiry mandated by the Notice. Companies responding to such requests should carefully consider whether they actually comply with the Notice, especially if their answer is predicated on their compliance with another country’s requirements. Indeed, companies should not assume a blanket compliance with the Notice on such basis as PFAS requirements vary between countries like Canada and the United States.
What you need to know
- The definition of “PFAS” is different between countries.
- The listed substances under the Notice are different than those identified by other countries.
- No testing is required to respond to the Notice, however, companies are expected to provide reasonably accessible information such as documents in their possession, or to which they have access including Safety Data Sheets and product data sheets to quantify the presence of listed substances.
Reporting obligations will vary by country
The Notice was issued by ECCC pursuant to section 71(1)(b) of the Canadian Environmental Protection Act, 1999. The purpose of the Notice is to gather information on PFAS substances, either alone, in mixtures, products, or manufactured in Canada for the year 2023. At present, there are 312 listed substances which require reporting under the Notice. The information gathered by ECCC will be used to establish baseline commercial use data and support future activities related to the class of PFAS.
The Schedule 1 substances are identified by Chemical Abstracts Service (CAS) Registry Numbers (also known as CAS RN or CAS Numbers). While other countries have applied a similar approach, the chemical substances are not identical based on a comparison of CAS RNs listed under the Notice and reporting requirements for the United States under the Toxic Substances Control Act and Emergency Planning and Community Right-to-Know Act. Accordingly, companies who are being requested to confirm compliance with the Notice by their customers should carefully consider whether they comply before responding to such request, especially if the basis of a response is their compliance with another country’s PFAS reporting obligations.
How BLG can help
BLG can assist in determining whether the Notice applies to your operations, requesting extensions (if needed), and responding to the Notice, if needed. We have also assisted companies up the supply chain who have been fielding inquiries by those potentially caught by the Notice. Please reach out to any of the authors or key contacts below.
