Perfluorooctane sulfonate, salts and precursors: Prohibition of Certain Toxic Substances Regulations, 2012

Context

Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N (PFOS) and products containing it are subject to Prohibition of Certain Toxic Substances Regulations, 2012 as amended in 2016, made under the Canadian Environmental Protection Act, 1999. These activities were controlled in Canada under the former Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, which have since been incorporated into the Prohibition of Certain Toxic Substances Regulations, 2012.

Prohibited activities

The regulations prohibit the import, manufacture, use, sale and offer for sale of PFOS, and products containing PFOS, with a limited number of exemptions. This prohibition is in effect as of December 23rd, 2016, which is when the regulations come into force.

Exemptions

The regulations do not prohibit:

• the import, manufacture, use, sale and offer for sale of PFOS or a product containing it, if PFOS is incidentally present^Footnote1 [subsection 6(1)]
• the import, manufacture, use, sale and offer for sale of PFOS or a product containing it if it is designed for use in photoresists or anti-reflective coatings for photolithography process or photographic films, papers and printing plates [paragraph 6(2)(a)]
• the use and import of PFOS in aqueous film forming foam present in a military vessel or military fire-fighting vehicle contaminated during a foreign military operation [subsection 6(2.1)]
• the use of PFOS in aqueous film forming foam at a concentration less than or equal to 10 ppm [subsection 6(2.5)]
• the use, sale or offer for sale of manufactured items^Footnote2 containing PFOS if they were manufactured or imported before May 29, 2008 [subsection 7(3)]

Permits

• a permit is required to continue manufacturing and/or importing PFOS and/or products containing them once the regulations come into force [subsection 9(2)]
• manufacturers or importers may apply to the Minister for a permit by submitting the information referred to in Schedule 4 [subsection 9(4)] before the prohibition comes into effect
• such permits, if granted, expire 12 months after they are issued, and can be renewed twice, for the same activity [subsection 10(3)]
• permits are not available for activities previously prohibited by the PFOS regulations (section 16)

Laboratory uses

• the prohibition does not apply to listed toxic substances, or to any products containing them, that are to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard [subsection 3(1)]
• users of any listed toxic substance or product containing it for the above purposes are required to report the information set out in Schedule 3 to the Minister before the use of more than 10 grams of each substance each calendar year [subsections 3(2) and 3(3)]

More information on the Prohibition of Certain Toxic Substances Regulations, 2012 can be found on the CEPA registry.

For more information

Inquiries on the prohibition regulations can be made by emailing ec.interdiction-prohibition.ec@canada.ca or by phoning the Environment and Climate Change Canada Inquiry Centre at:

1-800-668-6767 (in Canada only) or 819-938-3860
Fax: 819-938-9423