Below are two brief updates on topics we have previously covered in our blogs; per- and polyfluoroalkyl substance (PFAS) and Environmental Justice.
Updated PFAS Report
In July 2024, Environment and Climate Change Canada (ECCC) issued the, “Updated draft state of per- and polyfluoroalkyl substances (PFAS) report.” While there are not specific criteria in the new document, ECCC did provide more direction with respect to the approach to regulating PFAS.
From the Executive Summary, “…it is proposed to conclude that the class of PFAS, excluding fluoropolymers as defined in this report, meets 1 or more of the criteria set out in section 64 of CEPA (Canadian Environmental Protection Act).” For details on Section 64 of CEPA, see “Controlling Toxic Substances.” Fluoropolymers, according to the update, will be addressed separately.
As discussed in the Updated Draft, the effects of cumulative human exposure to multiple PFAS are not known. However, with respect to regulating PFAS as a class of chemicals, this presents a number of complications, as well. PFAS are used in everything from pharmaceuticals to national defence supplies and the “green energy,” sector. We have previously discussed the complications of banning all PFAS.
While there are no specific criteria in the new document, ECCC did provide more direction concerning the approach to regulating PFAS.
Following the release of the updated draft, the environmental group, EcoJustice issued a press release expressing their disappointment that ECCC is excluding fluoropolymers. The environmental group states that the move “weakens” Canada’s approach to addressing PFAS.
ECCC provides seven key points in Section 9, “Findings,” most of which seem to highlight the global concerns regarding the effect of PFAS on human health and the environment.
Notice Requiring PFAS Information
Separately, on July 27, 2024, the Federal Government issued a “Notice with respect to certain per- and polyfluoroalkyl substances (PFAS).” The intent of the Notice is to gather information on 312 PFAS listed in Schedule 1 of the Notice to “establish baseline commercial use data to support future activities related to the class of PFAS.”
The Notice applies to persons who, during the 2023 calendar year, participated in specific activities described in Section 2 of the Notice.
The deadline for reporting under the notice is January 29, 2025.
A blog by Bennett Jones provides a summary of this notice and reporting requirements.
Finally, in a “Backgrounder,” ECCC states they are considering adding certain PFAS to the National Pollutant Release Inventory.
For more information about PFAS, see our PFAS Resource Page.
Environmental Justice Bill C-226 Becomes Law
The second brief update we are sharing is with respect to Environmental Justice. On June 21, 2024, ECCC announced, “Today, the Honourable Steven Guilbeault, Minister of Environment and Climate Change, welcomed the Royal Assent of Bill C-226 – An Act Respecting the Development of a National Strategy to Assess, Prevent and Address Environmental Racism and to Advance Environmental Justice, which was introduced by Elizabeth May, Member of Parliament for Saanich—Gulf Islands, British Columbia.”
The legislation has been hailed by environmental groups including, the Green Party of Canada, the David Suzuki Foundation, and the Canadian Environmental Law Association.
How Bill C-226 may affect future and existing environmental permits remains to be seen, but if you are part of the regulated community, you may want to monitor this issue.
For some additional background on Environmental Justice, see our May 30, 2023, blog.
As the environmental regulatory landscape continues to evolve, you may want to consider discussing these and other environmental issues with your legal and technical advisors.
If you need assistance with an environmental issue (compliance, assessments, remediation, excess soil, litigation support, etc…), contact Christopher Pare’, P.Geo. Q.P. at 519-948-7300, Ext. 114.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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