Environment and Climate Change Canada (ECCC), a federal agency, has invited interested parties to submit comments on the content of “Risk Management Approach for Per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers,” released on March 5.
The report contains precautionary proposals for regulating PFAS, including HFOs and HCFOs, as a class.
“In coming months, we will consult Canadians on proposed federal actions to improve transparency of information on the presence of substances of concern in products, including PFAS,” said Steven Guilbeault, Canada’s Minister of Environment and Climate Change. ”These actions position us among the world’s leaders in tackling harmful PFAS exposure.”
Comments may be submitted via mail to Environment and Climate Change Canada, Gatineau, Quebec K1A 0H3; telephone: 800-567-1999 (in Canada) or 819-938-3232; fax: 819-938-5212; or email: substances@ec.gc.ca. The deadline for submissions is May 7. Stakeholders who have a business interest in the class of PFAS are encouraged to identify themselves as stakeholders. The stakeholders will be informed of future decisions regarding the class of PFAS and may be contacted for further information.
PFAS, known as forever chemicals for their persistence in nature, comprise more than more than 10,000 synthetic compounds used in numerous consumer and industrial applications. They include many f-gas refrigerants and trifluoroacetic acid (TFA), a major degradation product of f-gases, such as HFO-1234yf (in the atmosphere), and other substances.
Certain longer-chain PFAS like PFOA and PFOS have been linked to severe health effects such as certain cancers, reproductive issues, developmental problems and immune system. Ultrashort-chain TFA, which has been found in human blood, is considered a potentially harmful chemical.
Last year, Canada collected feedback on a preliminary report, the “Revised Risk Management Scope for PFAS.”
The Canadian agencies are now seeking feedback in the following areas:
- Availability of alternatives to PFAS in products and applications in which they are currently used.
- Estimated timeframe to transition to PFAS alternatives, including challenges.
- Socio-economic impacts of replacing PFAS, including costs and feasibility of elimination or replacement.
- Quantities and concentrations of PFAS (including Chemical Abstracts Service Registry Numbers, units of measurement and applications) in products manufactured in, imported into and sold in Canada.
On March 5, the Canadian agencies also released the State of Per- and Polyfluoroalkyl Substances (PFAS) Report, which concludes that the class of PFAS, excluding fluoropolymers, “is harmful to human health and the environment.” This report comprehensively addresses the proliferation of TFA in the environment.
“Given the potential for TFA to cause adverse effects and its ubiquitous presence in the environment and organisms alongside other PFAS, the potential for TFA to contribute to cumulative effects of PFAS in organisms is of concern,” the State of PFAS report added. “As such, HFOs and HCFOs that are PFAS according to the definition of the class of PFAS are within the scope of this report.”
Notably, both reports use a definition for PFAS established by the Organisation for Economic Co-operation and Development (OECD): PFAS are fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom. This definition, widely endorsed by PFAS scientists, includes f-gases and TFA. The EU follows this definition, but the U.S. Environmental Protection Agency (EPA) does not, thereby excluding f-gases and TFA from PFAS regulations. The EPA has also declined to address PFAS as a class despite calls to do so.
Three-phase PFAS bans
The Canadian government’s authority to regulate chemicals derives from the Canadian Environmental Protection Act, 1999 (CEPA), which allows authorities to address substances that “may have immediate or long-term harmful effects on the environment or its biological diversity” and “constitute or may constitute a danger in Canada to human life or health.” On March 8, the ECCC issued a proposed order to add PFAS as a class, excluding fluoropolymers, to Part 2 of CEPA Schedule 1. CEPA also allows regulation of substances that are considered highly persistent, such as TFA, or transform to persistent PFAS, such as HFO-1234yf.
In 2012, Canada banned specific long-chain PFAS such as PFOA and PFOS, which were found to be harmful to human health. In 2021, the government began addressing the rest of PFAS (excluding fluoropolymers) as a class; it is now proposing the new risk management actions through a three-phase PFAS prohibition schedule, with refrigerants such as HFOs and HCFOs falling under phase 3:
Phase 1: Uses not currently regulated in firefighting foams, due to high potential for environmental and human exposure.
Phase 2: Uses not needed for the protection of health, safety or the environment. This includes consumer products such as cosmetics; natural health products and non-prescription drugs, food packaging materials, textile uses and ski waxes.
Phase 3: Uses requiring further evaluation of the role of PFAS for which currently there may not be feasible alternatives and taking into consideration socio-economic factors. In addition to fluorinated gas applications such as refrigeration and spray-foam insulation, these include prescription drugs, medical devices and industrial food contact materials.
At each phase of risk management, exemptions will be considered when necessary, with attention to feasible alternatives and socio-economic factors.
Voluntary actions
In addition to the proposed prohibition of PFAS uses, complementary voluntary risk management actions are also being considered. These include:
- Exploring opportunities to increase disclosure of information (such as through labelling) regarding chemicals of concern.
- Engaging with interested sectors on highlighting industry-led voluntary phase-out of PFAS.
Following a consultation period in the summer and fall of 2025, the government plans to publish a proposed regulation for phase 1 in the spring of 2027. Consultations for phases 2 and 3 will follow. Publication of final regulations would come no more than 18 months after publication of proposed regulations.
Proposed risk management actions are meant to be complementary to other regulations such as the Ozone-depleting Substances and Halocarbon Alternatives Regulations (ODSHAR), which control the use of CFCs, HCFCs and HFCs. Because HFOs and HCFOs are halocarbon alternatives, their addition to the ODSHAR may be considered.
In addition, other ongoing actions on PFAS will continue, such as development of drinking water guidelines and environmental quality guidelines, management of contaminated sites, and the continued administration of existing risk management actions.
In a statement responding to the release of the PFAS reports on March 5, the Chemistry Industry Association of Canada (CIAC) said PFAS “are critical to a modern way of life,” adding that “fluorinated substances are essential for many industrial sectors from electric vehicles to pharmaceuticals to cellular phones.” CIAC said it will “share the proposed Risk Management timetable with its members and actively participate in discussions on how to best address the identified exposures of concern.”
A February 2024 report called “Canada’s PFAS Problem” by the Canadian NGO Environmental Defence argued that chemical industry lobbyists have come out “in record numbers” to resist federal government ambition to address PFAS as a class of chemicals. Environmental Defence urges the Canadian government “to take urgent action and tackle this issue in a more comprehensive way, as PFAS researchers have been promoting for years.”
”These actions position us among the world’s leaders in tackling harmful PFAS exposure.”
Steven Guilbeault, Canada’s Minister of Environment and Climate Change
