On September 25, 2025, the Canadian government released the "Consultation Document on Phase 1 of the Risk Management of Per- and Polyfluoroalkyl Substances (PFAS)," proposing a ban on the manufacture, import, sale, and use of currently unregulated PFAS in firefighting foams, with varying transition periods based on different usage scenarios.
Background
On March 8, 2025, the PFAS status report and proposed order released by Environment and Climate Change Canada (ECCC) and Health Canada (HC) proposed adding PFAS (excluding fluoropolymers) to Schedule 1, Part 2 of CEPA. The risk management approach for PFAS (excluding fluoropolymers) was also released on the same day, outlining a three-phase ban to phase out PFAS use. The first phase will ban PFAS in firefighting foams; the second phase will ban PFAS not essential for health, safety, or environmental protection, particularly in consumer applications with known alternatives; the third phase will consider banning PFAS uses requiring further evaluation of their role.
Key Content
1. Classification of PFAS-Containing Firefighting Foams
Aqueous film-forming foam (AFFF) is the most widely used and accessible type of firefighting foam, so PFAS-containing firefighting foams are often collectively referred to as AFFF. Based on the type of PFAS surfactant compounds and/or compositional characteristics, AFFF is divided into three major categories:
- Traditional perfluorooctane sulfonic acid (PFOS) AFFF, or "PFOS-based AFFF"
- Traditional fluorotelomer AFFF, or "C8 AFFF"
- Contains a very high proportion of long-chain PFAS compounds (perfluorinated carbon chain length of 7 or more)
- Modern fluorotelomer AFFF, or "C6 AFFF"
- Contains short-chain PFAS compounds (mainly perfluorinated carbon chain length of 6 or shorter) and no intentionally added or significant impurities of long-chain PFAS compounds.
2. Proposed Regulatory Measures
- Ban the manufacture, use, sale, and import of firefighting foams containing unregulated PFAS (e.g., C6 AFFF).
- Not allowed for training or testing unless conducted in a closed system.
- The sales ban also applies to most cases, with only brief use permitted in mutual aid rescue operations.
3. Proposed Transition Periods
The Canadian government has set transition periods ranging from 6 months to 6 years based on different usage scenarios:
|
Usage Scenario |
Transition Period |
|
(a) Portable fire extinguishers |
18 months |
|
(b) Municipal fire services |
18 months |
|
(c) Civil aviation |
3 years |
|
(d) Other industries |
3 years |
|
(e) Civilian vessels already in service upon enactment |
6 years |
|
(f) National defense (military aviation, vessels, and other applications) |
6 years |
|
(g) Installations in the offshore oil and gas industry |
6 years |
|
(h) Facilities in high-risk industries |
6 years |
4. Disclosure requirements
Proposed requirement: Manufacturers and sellers of AFFF (aqueous film-forming foam) must provide written disclosure to purchasers within 6 months after the regulation takes effect, including the following information:
- Specific types and concentrations of intentionally added PFAS in the product
- Category of AFFF to which the product belongs
5. Labeling requirements
Proposed requirement: Labels must be affixed to AFFF in firefighting systems, stockpiled foam, and PFAS-containing wastewater/firewater, including:
a) Warning label required when total PFAS concentration ≥1 mg/L
b) Indicate AFFF category (if applicable)
Labeling must be completed within 18 months after the regulation takes effect.
In addition, non-fluorinated firefighting foam generated in decontaminated fire suppression systems, if the total PFAS cross-contamination concentration is ≤50 mg/L, must also be labeled with a residual contamination warning.
6. Management and Reporting Requirements
The user unit must develop an on-site management plan, including:
- Usage records and discharge volumes
- Waste collection and disposal methods
- Employee training and emergency response plans
- Transition strategies for alternative solutions
Annual reports and on-site inspections may be required.
7. Information Collection
The government is seeking input from the public, businesses, firefighting agencies, etc., including:
- Information on the manufacture, import, use, and/or sale of PFAS-containing firefighting foam, excluding currently unregulated fluoropolymers (e.g., C6 AFFF) and their alternatives.
- Information on the full or partial reuse of fire suppression systems containing per- and polyfluoroalkyl substances (PFAS)—particularly those that have undergone decontamination but may still lead to accidental PFAS contamination in alternative firefighting foams.
Interested parties may submit comments via email at AFFF@ec.gc.ca. The deadline for submissions is November 25, 2025. The Canadian government expects to publish a proposed instrument in the official gazette by spring 2027, followed by a 60-day public consultation. A final instrument to add PFAS (excluding fluoropolymers) to Part 2 of Schedule 1 of CEPA will be issued within 18 months after the proposed instrument is published. Therefore, the instrument is not expected to take effect before spring 2029.
