Canada: PFAS Legislation and Industrial Water Treatment Mandates (2024–2025)
Federal Actions
Health Canada updated its drinking water guidance in 2024, recommending a limit of 30 nanograms per litre (ng/L) for PFAS in drinking water, see mapped locations below.
- The Canadian Environmental Protection Act (CEPA) is being used to classify PFAS (excluding fluoropolymers) as toxic substances, enabling regulatory action (See trends below)
- A mandatory reporting rule under Section 71 of CEPA was issued in July 2024, requiring industries to report PFAS usage and emissions by January 2025 (See Trends below)
- A phased risk management approach is being proposed:
- Initial restrictions on PFAS in firefighting foam, it needs to be understood that not all foams are of concern. (see below Trends)
- Broader prohibitions across other sectors to follow (see below Trends)
Provincial Focus: British Columbia, Saskatchewan, Yukon and Alberta
· While no province-specific PFAS legislation has been passed yet, BC, SK, YK (and other territories) and AB are aligning with federal guidance.
· BC is exploring upgrades to municipal water treatment infrastructure to handle forever chemicals, especially in areas near airports and military sites.
· Alberta has been involved in monitoring near industrial and energy sites, but specific mandates are still under development.
. Saskatchewan has not yet introduced specific forever chemical legislation. However, it is expected to align with federal Canadian regulations, which are becoming increasingly stringent.
. Yukon also has not enacted its own specific legislation.
The federal government is expanding its oversight, including adding 163 PFAS to the National Pollutant Release Inventory starting in 2025
Canada is moving toward a comprehensive national strategy : (See Below Canada Strategy)
- A class-based regulatory approach.
- Elimination of PFAS in firefighting foams.
- Enhanced tracking of PFAS use and emissions
United States: PFAS Regulatory Landscape
· The U.S. EPA finalized Maximum Contaminant Levels (MCLs) for six PFAS compounds in drinking water in April 2024, with enforceable limits as low as 4 parts per trillion (ppt) for PFOA and PFOS.
- The U.S. has designated PFOA and PFOS as hazardous substances under the CERCLA (Superfund law), enabling cleanup enforcement.
- States like California, Michigan, and New York have implemented their own stricter PFAS regulations and industrial discharge limits.
🇨🇦 vs 🇺🇸 Comparison
|
Aspect |
Canada |
United States |
|
Drinking Water Limit |
30 ng/L (30 ppt) |
4 ppt (PFOA, PFOS) |
|
Legal Classification |
Toxic under CEPA (proposed) |
Hazardous under CERCLA |
|
Industrial Reporting |
Mandatory under CEPA s.71 |
TSCA reporting rule (2023) |
|
Provincial/State Action |
BC & Alberta aligning with federal |
States have independent PFAS laws |
|
Treatment Mandates |
In development |
Enforceable under EPA rules |
