Canadian PFAS Reporting Crash Course

January 2025 Update: Reports Are Due

Reports are due on January 29, 2025, for all businesses that import to or manufacture in-scope per- and polyfluoroalkyl substances (PFAS) within Canada. 

On July 27, 2024, Canada published a PFAS reporting requirement under the Canadian Environmental Protection Act (CEPA). In-scope businesses must submit a report detailing substance-level data aggregated across their products for a specific list of 312 PFAS. Information to be submitted depends on the product and chemical, but it may include data such as product names, PFAS concentrations, and intended use.

Canada’s PFAS reporting rule is known for its extremely tight reporting timeline compared to the PFAS reporting requirements under Section 8(a)(7) of the U.S. Toxic Substances Control Act (TSCA). Manufacturers have less time to comply (with only months to collect PFAS data), and it set out more complex scoping requirements. In fact, Canadian PFAS reports are due months before the reporting window even opens in July 2025 for most businesses under TSCA. And unlike TSCA, there isn’t a delayed deadline for smaller entities. 

The Canadian PFAS reporting rule has teeth when it comes to enforcement: Failing to meet the reporting deadline can result in fines maxing out at $25,000 for individuals and $500,000 for large corporations for first-time offenses. However, the maximum fines are doubled for second and subsequent offenses. 

Let’s break down some key features of the Canadian PFAS reporting requirements and what they mean for your business. 

Do Recent Canadian Political Changes Affect This Requirement?

No. Although Prime Minister Justin Trudeau stepped down as Liberal party leader in early January 2025, there is no change to PFAS reporting requirements or the January 29 deadline. 

It remains to be seen how future political leadership in Canada will approach PFAS reporting or restrictions in the coming years. 

Complex Scoping Requirements

Any business that imports or manufactures PFAS is in scope. In some cases, businesses who simply use a PFAS in Canada may be in scope. However, unlike TSCA, the number of in-scope reportable substances is much smaller — 312 chemicals. 

Despite having a smaller list of reportable PFAS, it can be more complex to determine which ones need to be included in your report. That’s because it has far broader scoping criteria than similar reporting rules, including varying de minimis exclusions by both concentration and total volume. There’s also an exemption for “micro-businesses,” meaning organizations with fewer than five employees or less than $30,000 in annual gross revenue.

In addition, reportable PFAS are separated into three lists, with different requirements based on which list each PFAS is on. And the reporting thresholds also vary, with certain product categories (like juvenile products and cookware) having lower reporting thresholds than others. 

In-scope manufacturers and importers will need to first identify whether they’re using any of the substances in the three lists. Then calculate the total quantity per PFAS manufactured or imported for each across all their products. From there, they can apply the next level of scoping parameters and determine what actually goes into the report. 

Sounds complicated? That’s because it is. But having access to regulatory experts can help you decipher the scoping guidelines and make your job easier. 

There are too many exclusions and scoping conditions to list here. Refer to the official notice in the Canada Gazette to review the complete guidelines. 

A Different Dataset Than U.S. PFAS Reporting 

Manufacturers won’t be able to simply recycle data from the work they’ve prepared for TSCA PFAS reporting. Beyond the import differences between the two countries, Canada’s law requires data for the 2023 calendar year, while the U.S. is asking for the years between 2011 and 2022.  Additionally, the U.S. is collecting information against a broad list of PFAS that meet a specific definition, while Canada is collecting information against a narrow list of specific PFAS.

This supports the argument that manufacturers and importers should treat PFAS management as an ongoing process rather than an archeological fact-finding mission. Although these two regulations are focused on historical data collection, emerging state reporting requirements, such as the State of Minnesota “Products Containing PFAS” reporting rule known as Amara’s Law, will require reporting on actively-sold products with PFAS.  Manufacturers should expect that regulators will use the data collected to develop more robust reporting requirements and restrictions going forward. 

Simply put, PFAS reporting is not a one-and-done deal. You need to think strategically and proactively about the program you put in place to comply with PFAS reporting laws. 

PTFE (Teflon) is a Listed Substance 

Polytetrafluoroethylene (PTFE), commercially known by the trade name Teflon, is one of the most commonly used PFAS chemicals. It has reporting thresholds of greater than 100 kilograms total quantity imported, and/or concentrations greater than 0.0001%. 

Why does this matter? In all likelihood, nearly any manufacturer using PFTE will have to submit a PFAS report for products imported to Canada. In the over 1.5 million PFAS declarations Assent has collected from global supply chains, PFTE was identified in a quarter of all supplier submissions that contained one or more PFAS chemicals. 

You Can Apply for Data Confidentiality

Under the CEPA, you can apply to have some or all of the information submitted under this PFAS reporting rule to be treated as confidential business information. Like TSCA, claims of confidentiality must be made at the time of submission and substantiated with evidence. Keep this in mind when preparing your PFAS report.

It’s Time to Take Action

The Canadian PFAS reporting rule caught many manufacturers by surprise, and it has thrown a monkey wrench into their PFAS management. Companies that based their supplier engagement off of their U.S. reporting obligations should take immediate action to update their PFAS strategy. 

Here’s what you can do to protect your compliance:

• Survey suppliers about any PFAS on the Canadian substance lists 
• Engage with PFAS experts to help you understand what substances you need to report and which you can omit for the specific Canada rule and thresholds
• Automate PFAS data collection and validation as much as possible
• Educate your suppliers on the new PFAS reporting rule and emphasize the urgency factor and ensure they understand what’s needed for compliance

The Canadian PFAS deadline is here —  it’s officially mission critical to have a proactive PFAS program that can adapt to regulatory updates. If you designed your current PFAS program based on the U.S. reporting timeline, you may need to put your supplier engagement strategy into overdrive to stay compliant. Check out Assent’s PFAS timelines infographic for a snapshot of your other upcoming major milestones. 

Assent’s PFAS solution helps you effectively collect the supply chain data required to meet Canada’s reporting deadline, U.S. TSCA reporting requirements, and the tsunami of state-level reporting and restriction obligations already in effect and on the horizon.

For more information about PFAS management, visit Assent’s PFAS compliance resource page. It’s full of FAQs, guides, and educational materials for manufacturers.