Canada Consults On Phase 1 Of Risk Management For PFAS

On September 26, 2025, the Government of Canada launched the first part of its risk management plan for regulating PFAS: consultation on the regulation of PFAS used in firefighting foams, including Aqueous Film-Forming Foam (AFFF). Under Phase 1, Canada is proposing to prohibit the manufacture, use, sale and import of PFAS, not currently regulated under the Canadian Environmental Protection Act, 1999 (CEPA), in firefighting foams through new regulations. Canada has published a consultation document to inform interested parties and solicit comments on its proposed regulatory approach.

What you need to know

• Proposed regulatory framework. Although the Government is proposing a prohibition on PFAS-containing firefighting foams (not already otherwise regulated), its plan includes several nuances around time-limited exemptions, transitional periods, disclosure and labelling requirements, site-specific management plans, permits and incidental thresholds.
• Public consultation now open. Consultation on Canada's proposed prohibition and regulatory plan for PFAS-containing firefighting foams is open to all interested parties until November 25, 2025. Comments will be considered in the development of proposed regulations.
• Input sought.In addition to input on its proposed regulatory approach to PFAS-based foams, the Government has asked for information on unregulated PFAS-containing firefighting foams, as well as available alternatives.
• Timing of regulations. Proposed regulations for PFAS-containing firefighting foams are expected to be published in Spring 2027, subject to further consultation, with the final regulations not anticipated to come into force before Spring 2029.

Background

Earlier this year, Environment and Climate Change Canada and Health Canada concluded in The State of Per- and Polyflouroalkyl Substances (PFAS) Report (State of PFAS Report) that PFAS, excluding flouropolymers, met one or more of the criteria under CEPA for "toxic substances" and should be classified as such. CEPA authorizes the creation of regulations on the use, sale, purchase, import, export and labelling of toxic substances and related products, and any such regulations must first be proposed in the context of a risk management framework. As a result, Environment and Climate Change Canada and Health Canada also co-published the Risk management approach for per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers report (Risk Management Report), which we discussed in our previous bulletin about the State of PFAS Report and Risk Management Report. The Risk Management Report proposed a three-phase process to restrict PFAS use in Canada, with Phase 1 focusing on PFAS (that are not currently regulated) in firefighting foams.

Canada has previously taken steps to regulate certain PFAS, including in firefighting foams:

• In 2013, PFOS-based AFFF were prohibited in Canada through regulations, although there are still a few exemptions to accommodate the presence of residual levels of PFOS in firefighting systems from their prior use.
• In 2016, the manufacture, use, sale, offer for sale and import of PFOA, LC-PFCAs, their salts and their precursors, and products that contain them, were prohibited with a limited number of exemptions. For example, the manufacture of C8 AFFF has been prohibited in Canada since 2016, but its use, sale and import have been exempted to accommodate the transition to alternatives.

Phase 1 consultation report

Health Canada has published a consultation document¹ to solicit comments on its proposed regulatory approach to prohibit the manufacture, use, sale and import of PFAS in firefighting foams that are not currently regulated. The term "PFAS" applied by Canada reflects the definition developed by the Organisation for Economic Co-operation and Development in 2021², but excludes fluoropolymers.

As part of its regulatory development process, the Government is seeking input to address remaining data gaps in respect of PFAS in fire foams and has invited submissions on:

• activities involving unregulated PFAS-containing firefighting foams;
• available alternatives to PFAS-based foams, including technical and economic feasibility;
• the proposed Phase 1 regulatory approach; and
• whether PFAS should be regulated through a standalone regulation or integrated into existing frameworks.

The planned timelines for the implementation of Phase 1 are as follows:

• Fall 2025: Deadline for comments and information to be provided.
• Spring 2027: A proposed instrument is expected to be published, with a minimum 60-day public comment period.
• 18 months after the proposed instrument: The final instrument is expected to be published.
• 6 months after the publication of the final instrument: The final instrument is expected to come into force.

Canada's proposed regulatory framework includes consideration of (1) time-limited exemptions, (2) transitional periods, (3) disclosure and labelling requirements, (4) site-specific management plans, (5) permits, and (6) incidental thresholds. The Government's proposals in respect of each of these are discussed below.

1. Time-limited exemptions. Canada may consider time-limited exemptions in exceptional circumstances, specifically for critical applications where immediate phase-out is not feasible. Exemptions will be guided by:

• socio-economic considerations;
• demonstrated lack of viable alternatives;
• environmental and human health risks; and
• alignment with international practices.

Should any exemptions be permitted, they may be subject to fixed time limits or specific conditions, potentially including:

• reporting and record-keeping;
• monitoring and labelling; and
• handling, storage, containment, and disposal requirements.

These obligations would not apply to incidental PFAS presence below the defined concentration thresholds.

2. Transitional periods. Transitional periods of 18 months through to 6 years are being considered to allow for certain applications of PFAS-containing firefighting foams in emergencies, to ensure fire safety is not compromised before the transition to alternatives is complete. These transitions are intended to align with transitions being established by the European Union in its phase out of PFAS in firefighting foams. Canada proposes no transitional period for foams used in training, or for their manufacture or import. These activities would be prohibited upon the regulations coming into force.

3. Disclosure and labelling. Canada is considering requiring that manufacturers and sellers disclose in writing, within six months of the regulations coming into force:

• the types and concentrations of PFAS that were intentionally added in each product; and
• confirmation of the category of AFFF of each product.

The disclosure requirements are intended to align with those being established by the state of Washington in the United States.

Labelling would be required within 18 months for AFFF in firefighting systems, as well as PFAS-containing wastewater and firewater. Labels would include PFAS concentration and AFFF category, aligning with proposed EU standards.

4. Management plans. Facilities with AFFF or PFAS-contaminated equipment would be required to prepare a site-specific management plan within 18 months, detailing:

• use conditions, volumes and compliance with containment and emission reduction measures;
• labelling, waste collection and disposal protocols;
• decontamination procedures and documentation;
• spill response plans and substitution strategies; and
• employee training and annual plan reviews.

Plans must be available on-site and accessible to enforcement officers or upon request.

5. Permits. Time-limited permits are being considered for large atmospheric tank installations to allow the continued use of C6 AFFF to protect human life and the environment for no longer than four years after the expiry of the six-year transitional period at facilities in high-hazard industries. These would be subject to:

• full containment and environmentally sound disposal;
• demonstrated lack of feasible alternatives;
• submission of historical usage data and a compliant management plan; and
• a transition plan with a maximum duration of 4 years post-transition period.

Annual reporting on progress toward substitution would be required. These permits are intended to align with frameworks in the state of Washington.

6. Incidental thresholds. Canada is considering incidental PFAS concentration thresholds to exclude incidental PFAS. Prohibitions would not apply below these thresholds. Thresholds are expected to align with EU proposals.

Implications

Canada's consultation of the regulation of PFAS-containing firefighting foams represents the first stage of its risk management approach to PFAS. Torys will continue to monitor and report on these developments. In the meantime:

• The deadline to provide comments or information relevant to Canada's proposal for addressing PFAS-containing firefighting foams is November 25, 2025, and the process is open to any member of the public.
• Any person who provides information may submit a request that it be treated as confidential.
• Businesses that deal with PFAS-containing firefighting foam in Canada should consider submitting comments or information and should also consider seeking advice on potential new or increased litigation risks associated with the regulation of this use of PFAS.

Footnotes

1 Government of Canada, "Consultation Document on Phase 1 of the Risk Management of Per- and Polyfluoroalkyl Substances (PFAS), Excluding Fluoropolymers: Prohibition of the Use of PFAS, not Currently Regulated, in Firefighting Foams" (September 2025).

2 All known "fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom (without any H/Cl/Br/I atom attached to it), that is with a few noted exceptions, any chemical with at least a perfluorinated methyl group (–CF3) or a perfluorinated methylene group (–CF2–)".

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