PFAS added to Canadian Environmental Protection Act

Per- and polyfluoroalkyl substances (PFAS) have been under increasing regulatory scrutiny worldwide due to their environmental persistence and potential human health risks. As regulatory frameworks evolve, businesses involved in PFAS production and use must stay informed to ensure compliance and contribute to shaping policy decisions.

Regulatory Updates in Canada

The Government of Canada recently took a significant step towards regulating PFAS by proposing their inclusion under the Canadian Environmental Protection Act (CEPA), which was recently published in the Canadian Gazette. This marks the initial phase on formal regulation, empowering ministers to implement risk management measures for PFAS identified as toxic substances.

This decision is based on a Health Canada report, which concludes that PFAS (excluding fluoropolymers) meet the criteria for classification as toxic substances under CEPA. As part of this regulatory process, a two-month public consultation was launched on 8 March 2025, running until 7 May 2025.

For manufacturers and users of PFAS, this consultation presents a critical opportunity to provide input and ensure that regulatory measures reflect industry realities while addressing environmental and health concerns effectively.

Developments in Europe

Meanwhile, in Europe, regulatory authorities continue to advance PFAS restrictions. The Committee for Socio-Economic Analysis (SEAC) have currently discussed eleven of the fifteen originally proposed use sectors and are making progress towards delivering their draft opinion. After the draft opinion is published, a second 60-day consultation on the proposed EU PFAS Restriction will be launched, offering stakeholders another key opportunity to contribute insights and data to shape future policy. This is currently anticipated for the end of 2025/beginning of 2026.

Developments in the UK

In the UK, PFAS regulations are currently being investigated by the UK Health and Safety Executive (HSE). It is expected that the UK will firm up its approach to PFAS this year, with priorities on the gathering of data to inform future Restriction proposals.

An additional UK REACH Restriction proposal on PFAS in firefighting foams is expected to be published shortly (expected in March 2025). Once published this will trigger a public consultation which will open once the Dossier compliance checks are completed.

How RPA Can Support You

At RPA, we have extensive experience supporting regulatory consultations and compliance efforts related to PFAS. Over the past five years, we have worked on numerous PFAS projects, helping clients compile strong data sets to inform policy discussions and regulatory decisions.

If you are impacted by these regulatory changes and require expert guidance on navigating upcoming consultations, RPA is here to help. Engaging early and providing robust evidence is crucial to ensuring that policy decisions are balanced and effective.

For further discussions on PFAS regulations, or to explore how we can support your business, feel free to contact us at chemicals@rpaltd.co.uk or give us a call on +44 (0)1603 558 442.