Canada Proposes to Recommend Adding PFAS to CEPA Schedule 1 – Update from Bergeson & Campbell, P.C.

On May 20, 2023, Canada published a Canada Gazette notice announcing the availability of its Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report (Draft Report). Canada proposes to conclude that the class of PFAS meets one or more criteria set out in Section 64 of the Canadian Environmental Protection Act, 1999 (CEPA). According to the notice, the Minister of the Environment and the Minister of Health (the ministers) propose to recommend that the class of PFAS be added to the CEPA Schedule 1 List of Toxic Substances. The Draft Report provides a qualitative assessment of the fate, sources, occurrence, and potential impacts of PFAS on the environment and human health to inform decision-making on PFAS in Canada. The ministers have released a risk management scope document for PFAS to initiate discussions with stakeholders on the development of risk management options. Comments on the Draft Report and risk management scope document are due July 19, 2023. For more information, please read the full memorandum.

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