Regulatory Update - November 17, 2023

Potential Presence of Prohibited Toxic Substances in Cleaning Products

PFAS IN CLEANING PRODUCTS

These substances may be intentionally added as an ingredient in cleaning products, for example, to enhance wettability, provide stain resistance and/or repel soil. They may be found in products, such as carpet, upholstery and hard surface cleaners (e.g., stain removers) and protectors (e.g., stone penetrating sealers).

Note that in some cases, these chemicals can be found as a trace contaminant, residual or impurity.

SOME PFAS ARE PROHIBITED TOXIC SUBSTANCES

The Government of Canada previously assessed three subgroups of PFAS and found them to be toxic to the environment under the Canadian Environmental Protection Act, 1999 (CEPA). They were subsequently prohibited in Canada under the Regulations. These subgroups are:

Note that the precursors may be more commonly found in various cleaning products. Compounds that meet the definitions of PFOS, PFOA, and LC-PCFAs precursors are respectively:

  • Compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N
  • Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom; and
  • Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom.

Prohibition of Certain Toxic Substances Regulations, 2012

The Regulation prohibits the manufacture, use, sale, offer for sale and import of certain toxic substances – and product containing them – with a limited number of exemptions. On May 14, 2022, the Government published draft Regulations (Proposed Prohibition of Certain Toxic Substances Regulations, 2022) to remove or phase-out most PFOS, PFOA, and LC-PFCAs exemptions. Substances listed to the Regulations are among the most harmful, were declared toxic to the environment and/or human health under CEPA, and are generally persistent and bioaccumulative. Although prohibited in Canada, some of these substances may still be legally manufacturer or used in other countries and be integrated in products. Importers must therefore take the necessary precautions to avoid imports that may lead to accidental regulatory violations in Canada. 

FOR MORE INFORMATION

Please visit the Prohibition of Certain Toxic Substances Regulations, 2012: overview web page, which outlines the exemptions to the Regulations and provides examples of compliance measures you may wish to take to be in compliance with the Regulations. We invite you to share this link with anyone to whom it may apply and to bookmark this page for easy access.

Please visit the per- and polyfluoroalkyl substances (PFAS) web page, to learn more on the Government of Canada's activities on this class of substances. 

Please contact your regional compliance promotion officer or the risk management group if you have any questions or comments:

  • Pacific & Yukon Region – This email address is being protected from spambots. You need JavaScript enabled to view it. 
  • Prairie & Northern Region – This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Ontario – This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Quebec – This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Atlantic – This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Risk Management – This email address is being protected from spambots. You need JavaScript enabled to view it. 

Environment and Climate Change Canada enforces the regulations and takes actions to deal with alleged violations in accordance with the Compliance and Enforcement Policy for CEPA 1999. 

This information has been prepared to convenience of reference only and is not to be construed as a legal document. For the purpose of interpreting and applying the regulations, consult the regulations on Justice Canada's website.