Canada: Environmental Protection Act, c.33 1999, Reporting Requirements for Perfluorohexane Sulfonic Acids (PFHxS)

On 10 October 2020, the Canadian Minister of the Environment issued a Notice requiring that any person involved in the manufacture, use, export or import of perfluorohexane sulfonic acid, its salts and its precursors (PFHxS) submit certain information no later than 20 November 2020. The objective is to assess whether the 33 substances listed in Schedule 1 of this Notice shall be subject to control and if so, determine the manner in which such a control shall be implemented.

This notice applies to any person, or class of persons designated the successor or assign of a person, who, during the 2019 calendar year:

  • manufactured a total quantity of greater than 1 000 g of any substance [listed on Schedule 1 to this Notice];
  • imported a total quantity greater than 10 g of any substance, whether the substance was alone or at a concentration equal to or above 1 ppm in a mixture, in a product or in a manufactured item;
  • used a total quantity greater than 10 g of any substance, whether the substance was alone or at a concentration equal to or above 1 ppm in a mixture or in a product, in the manufacture of a mixture, a product or a manufactured item; and
  • exported a total quantity greater than 10 g of any substance, whether the substance was alone or at a concentration equal to or above 1 ppm in a mixture, in a product or in a manufactured item.

It does not apply to a substance [listed on Schedule 1 to this Notice], whether alone, in a mixture, in a product or in a manufactured item that:

  • is imported or exported for use in a laboratory for analysis, in scientific research or as a laboratory standard;
  • is, or is contained in, a hazardous waste or hazardous recyclable material within the meaning of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and was exported or imported pursuant to a permit issued under these Regulations; and
  • is, or is contained in, a pest control product registered under the Pest Control Products Act.

According to this notice, the persons identified shall provide the following information:

  1. the name of the person reporting;
  2. the address;
  3. the federal business number;
  4. the name of an individual authorized to act on behalf of the person, email and phone number; and
  5. a declaration that the information is accurate and complete.

For each substance [listed on Schedule 1 of this Notice] that a person manufactured or imported, whether alone, in a mixture, in a product or in a manufactured item, during the 2019 calendar year, the following information shall also be provided:

  1. the CAS RN of the substance;
  2. whether the person manufactured or imported the substance by indicating “yes” or “no”;
  3. the total quantity of the substance that the person manufactured or imported, reported in grams;
  4. each substance function code set out in Schedule 2 that applies to the substance;
  5. each application code set out in Schedule 3 that applies to the substance; and
  6. for each application code provided, the description and the common or generic name of the known or anticipated final goods containing the substance.

Where code U999 is provided, a written description of the function associated with the substance must be provided.

Where code C999 is provided, a written description of the application associated with the substance must be provided.

Slightly different information is required from persons who, during the 2019 calendar year, used or exported the targeted substances (whether alone, in a mixture, in a product or in a manufactured item) in accordance with sections 9 and 10 of the Notice.

Responses to this notice can be submitted to the Minister of the Environment, using the online reporting system available through Environment and Climate Change Canada’s Single Window.  Claims for confidentiality will be approved if the information submitted is found to be confidential under Canadian law and the Act. Requests to extend the deadline to submit the above information may be submitted to the Minister at the following email address: eccc.substances.eccc@canada.ca.