Federal Government Initiates Consultation on Risk Management Approach for PFAs

On September 26, 2025, the Government of Canada published a consultation document on Phase 1 of its proposed risk management approach for per- and polyfluoroalkyl substances (PFAS). PFAs have been deemed toxic under the Canadian Environmental Protection Act, 1999 (CEPA). Currently, the Prohibition of Certain Toxic Substances Regulations, 2012 (PCTSR, 2012) restrict the use, sale, and import of certain PFAs. However, the federal government’s new approach will tighten existing regulations.

One of the key aspects of the federal government’s approach is a complete phase-out of PFAS-containing firefighting foams. The proposed regulations would introduce tighter restrictions on firefighting foams, with limited transitional exemptions for certain sectors and uses. The exemptions range from 18 months for portable extinguishers and municipal fire services, to up to six years for sectors like civil aviation, shipping, defence, and high-hazard industrial facilities. Notably, sales of PFAS-containing foams would be restricted to mutual aid partners for emergency use only, and the use of such foams for training purposes may be banned entirely, even during transitional periods.

Additional requirements are also under consideration during this consultation phrase, including mandatory disclosure and labelling of PFAS content and site-specific management plans and record-keeping for facilities.

The government is seeking feedback on the proposed approach until November 25, 2025, and is encouraging voluntary disclosure of information about PFAS use, alternatives, and decontamination practices. Following the consultation phase, the draft regulations are expected to be published in Spring 2027, with final regulations anticipated by Spring 2029. Given the increasing litigation risk associated with PFAS contamination, environmental consultants and effected businesses should closely monitor these developments and consider participating in the consultation process to help shape the final regulatory framework.

If you have any questions about this topic or other environmental law matters, please contact Nicola Virk, or any member of our Environmental Law team. For further insight, read our other blog posts here.