An update to our May 3rd blog where we discussed per- and polyfluoroalkyl substances (PFAS) and a recent report of a release. In that blog, we shared news about a PFAS release. From our May 3rd blog, “Here is what we know about the site impacted by PFAS. Nine properties have been provided bottled water for cooking and drinking as the Department of National Defence addresses the presence PFAS substances near 22 Wing/Canadian Forces Base North Bay.”
We also stated that PFAS in Canada was not as prominent of an environmental issue as it has been in the United States.
Notice of Intent to Address PFAS
We should have also included the recent announcement (April 24th) from the Canadian Department of the Environment and Department of Health. In this announcement, the government of Canada states the following: “Notice of intent to address the broad class of per- and polyfluoroalkyl substances The Government of Canada intends to move forward with activities to address the broad class of per- and polyfluoroalkyl substances (PFAS) because scientific evidence to date indicates the PFAS used to replace regulated PFOS, PFOA, and long-chain PFCAs (LC-PFCAs) may also be associated with environmental and/or human health effects.”
The statement includes planned activity for 2021 that will include more research and monitoring of PFAS, collection and examination of information on PFAS to inform a “class-based approach,” and a review of policy developments in other jurisdictions.
Note that California is also considering a class-based approach to setting limits on PFAS.
The regulation of PFAS in Canada seems to be developing, however; it is still likely some time off. As always, we suggest you consult with your legal and technical advisors with respect to consideration of PFAS and your business.
For more information on PFAS, see our PFAS Resources Page.
Plastics Coalition Challenge Canadian Government
An update to our June 2, 2021 blog regarding certain manufactured plastic items being listed as a Schedule 1 toxic substance. Since we published that blog, a group of plastic manufacturers (Responsible Plastic Use Coalition – RPUC) have challenged the Canadian Government.
On their website, RPUC states, “This decision is not based on science, as required by CEPA (Canadian Environmental Protection Act). Instead, the decision is politically driven. This decision, if allowed to stand, will have far reaching consequences, including unintended consequences, nationally and internationally.”
Environmental protection can be intricate, involving “simple” waste management to complex issues such as PFAS (Photo by Elijah Hiett on Unsplash).
They also state that “CEPA requires decision making to take into account not only the Precautionary Principle, but also the application of the weight of evidence. Although the Precautionary Statement states that where there are threats of serious or irreversible damage, the lack of full scientific certainty shall not be used to postpone cost effective measures to prevent environmental degradation, it applies only where the threat of serious or irreversible damage has been established.”
For a more in depth discussion see this article by McCarthy Tetrault.
Case of “Some Significance”
Last fall, we shared the story that human error was to blame for the spill of diesel fuel at an idled diamond mine owned by De Beers Inc. Canada (Snap Mine in the Northwest Territories). The spill was a violation of the CEPA.
It was recently reported by Cabin Radio that “Crown prosecutor Morgan Fane told the territorial court on Tuesday this is a case of ‘some significance’ as it’s the first time the prosecution service is aware of anyone being charged under amendments to those regulations (Canadian Environmental Protection Act), which came into effect in late October 2020.”
The same article goes to report that “Under the Environmental Protection Act, as De Beers is an international corporation and not a small revenue corporation, it’s facing a fine of between $100,000 and $4 million for the charge. Second and subsequent offences carry a fine of between $200,000 and $8 million” (emphasis added).
The next court appearance for De Beers in September 28th.
We will continue to provide updates on environmental related issues as we learn of them.
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