Substance prohibition summary for PFOA, long-chain PFCAs and related substances

Perfluorooctanoic acid, which has the molecular formula C₇F₁₅CO₂H, its salts, and its precursors (PFOA) and Perfluorocarboxylic acids that have the molecular formula C_nF_2n+1CO₂H in which 8 ≤ n ≤ 20, their salts, and their precursors (LC-PFCAs) and products containing them are subject to the Prohibition of Certain Toxic Substances Regulations, 2012 as amended in 2016, under the Canadian Environmental Protection Act, 1999.

Prohibited activities

The regulations prohibit the import, manufacture, use, sale and offer for sale of PFOA and LC-PFCAs, and products containing PFOA and/or LC-PFCAs, 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 PFOA and/or LC-PFCAs or a product containing them, if PFOA and/or LC-PFCAs are incidentally present^Footnote1 [subsection 6(1)]
• The import, manufacture, use, sale and offer for sale of PFOA and/or LC-PFCAs or a product containing them, before January 1, 2017, if it is designed for use in water-based inks or in photo media coatings, [paragraph 6(2)(b)]
• The import, use, sale and offer for sale of aqueous film forming foam for fire-fighting operations that contain PFOA and/or LC-PFCAs [subsection 6(2.2)]
• The import, use, sale or offer for sale of manufactured items^Footnote2 containing PFOA and/or LC-PFCAs [subsection 6(2.4)]
• The use or import of products containing PFOA and/or LC-PFCAs, if the product is for personal use [subsection 6(4)]
• The use, sale or offer for sale of:
  • products containing PFOA and/or LC-PFCAs if manufactured or imported before the regulations come into force [paragraph 7(2)(a)]
  • water-based inks and photo media coatings containing PFOA and/or LC-PFCAs that were manufactured or imported before January 1, 2017 [subsection 7(1)]
  • PFOA and/or LC-PFCAs or products containing them if they were manufactured or imported in accordance with a permit (section 8).

Permits

• A permit is required to continue manufacturing and/or importing PFOA and/or LC-PFCAs and/or products containing them once the regulations come into force [subsection 9(2)].
• Permits are required to continue manufacturing and/or importing water-based inks and photo media coatings containing PFOA and/or LC-PFCAs as of January 1, 2017 [subsection 9(3)].
• 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)].

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)].

See also

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

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

Disclaimer

This factsheet is not to be construed as a legal document. Any discrepancy between this document and the Canada Gazette, Part II (CGII) published text and/or the Justice Canada regulatory text, the CGII and Justice Canada text prevails.