441-02698 (Employment and labour)

(a) Amendments to the Canadian Environmental Protection Act, 1999 (CEPA) are not required to put in place controls for substances if they are found to be toxic to the environment or human health under s.64 and listed to Schedule 1 of the Act. Regulations can be made pursuant to CEPA to put in place prohibitions or restrictions for toxic substances.

Several per- and polyfluoroalkyl Substances (PFAS) have been previously assessed as meeting the criteria in CEPA to be considered toxic to the environment, have been added to Schedule I of CEPA, and are already regulated in Canada by the Prohibition of Certain Toxic Substances Regulations, 2012:

• PFOS (Perfluorooctane sulfonate, its salts, and precursors);

• PFOA (Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, its salts, and its precursors); and 

• LC-PFCAs (Long-chain perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 = n = 20, their salts and their precursors).

These Regulations prohibit the manufacture, use, sale, offer for sale and import of these three PFAS subgroups, and products that contain them, with some exemptions.  On May 14, 2022, the Government published draft Regulations to remove or provide time-limits for most remaining exemptions. The final Regulations are expected to be published in the Canada Gazette, Part II, in winter 2024.

The Government of Canada published an Updated Draft State of PFAS Report proposing that the class of PFAS, excluding fluoropolymers as defined in the updated draft report, may cause harm to both human health and the environment. An associated Revised Risk Management Scope was also published and outlines the proposed risk management options under consideration through a phased approach:

• As a first step, a regulatory instrument under CEPA to restrict PFAS not currently regulated in firefighting foams, such as those in C6 Aqueous Film-Forming Foams (AFFF);

• Additional regulatory instrument(s) under CEPA to prohibit other uses or sectors in relation to PFAS. Prioritization for prohibition may be based on factors such as socio-economic considerations, the availability of feasible alternatives, and the potential for human and environmental exposure.

If the final State of PFAS Report confirms that the class of PFAS, excluding fluoropolymers is toxic, a Risk Management Approach document outlining and seeking input on the proposed risk management instruments would be published concurrently for a 60-day public comment period. Additional opportunities for public and stakeholder engagement would also be provided during the subsequent development of risk management activities for the class of PFAS, excluding fluoropolymers.

The Government of Canada appreciates the engagement of petitioners on this important issue and acknowledges the important work that firefighters do to protect our communities.

The Government of Canada is dedicated to working with employers and employees under federal jurisdiction to help them fulfill their obligations related to occupational health and safety. This includes administering and enforcing legislation and regulations, such as the Canada Labour Code (Code) and associated regulations.

The Code applies to federally regulated private and public sector industries and workplaces, including firefighters employed at the federal level. It is important to note that firefighters under provincial or territorial jurisdiction fall under the relevant provincial or territorial occupational health and safety legislation and regulations.

Part II of the Code establishes the roles and responsibilities that employers and employees must fulfill in preventing workplace accidents and injuries and promoting healthy and safe workplaces. Employees also have several rights related to occupational health and safety under Part II of the Code. For example, section 125(1) ensures that employees have the right to be informed of known or foreseeable hazards in the workplace and to receive the necessary instructions, training, and supervision required to protect their health and safety. Under section 128(1), employees also have the right to refuse work that endangers their health and safety or that of others. Employees cannot refuse work that is a normal condition of employment.

Our Government recognizes the profound impact that workplace health and safety issues can have on employees. We are committed to continue working with employees and employers to identify and resolve health and safety concerns, including investigating possible regulatory approaches that could strengthen protections for federally regulated firefighters. We are also working collaboratively with stakeholders to advance the National Framework on Cancers Linked to Firefighting, which will raise awareness of cancers linked to firefighting and support improved access to cancer prevention and treatment.

We would like to thank the petitioners again for their engagement on this shared goal of improving occupational health and safety for firefighters.

The Government of Canada is committed to protecting the health and safety of people in Canada and the environment. The Government published the draft State of per- and polyfluoroalkyl substances (PFAS) report in May 2023, which proposes that the class of PFAS may be harmful to human health and to the environment. Based on comments received on the draft report, in June 2024, the government published an Updated Draft State of PFAS Report and the Revised Risk Management Scope for a 60-day public comment period. The Updated Draft State of PFAS Report proposes to conclude that the class of PFAS, excluding fluoropolymers, meets the criteria for toxic under the Canadian Environmental Protection Act as these substances are entering or may enter the environment at levels that may be harmful to human health and the environment. Comments received are being considered and publication of final documents is expected in 2025. The final report will help inform activities to reduce environmental and human exposure to PFAS.

Specifically in regards to firefighters, the Government of Canada is working on several fronts to help protect firefighters from harmful chemicals. This includes through the Firefighter Action Plan, which is a comprehensive plan announced in2021 to protect firefighters from harmful chemicals released during household fires. This Action Plan includes actions to:

• Ban harmful chemical flame retardants;
• Support the development and use of safe flame retardants, including less harmful alternatives to chemical flame retardants in household products;
• Conduct research and monitoring to assess levels of exposure to chemicals among firefighters;
• Identify best practices for firefighters to reduce harm; and
• Share information and raise awareness.

Federal action to address flame retardants is part of the Chemicals Management Plan, a Government of Canada initiative aimed at reducing the risks posed by chemicals to Canadians and their environment.

Through their work, firefighters are subject to occupational exposures to chemicals and an increased incidence and mortality from cancer compared to the general population. In 2022, occupational exposures as a firefighter were classified as carcinogenic to humans by the World Health Organization's International Agency on Research on Cancer. The Government of Canada recently announced the National Framework on Cancers Linked to Firefighting to raise awareness of cancers linked to firefighting and support improved access for all firefighters in Canada to cancer prevention, detection and treatment. Federal actions to support the framework include:

• Establishing a National Advisory Group involving all orders of government, Indigenous partners, and key stakeholders to guide action and collaboration on firefighter cancer.
• Developing accessible health information resources to raise awareness and provide critical guidance for firefighters, health care providers, and communities.
• With Statistics Canada, establishing a National Firefighter Cancer Registry to track firefighter cancer incidence and mortality nationally over time.
• Supporting the development of clinical guidance for healthcare professionals, which could lead to earlier cancer diagnoses and improved health outcomes for firefighters.
• Conducting research focusing on underrepresented firefighter populations to build a stronger body of evidence on cancers linked to firefighting.

We will continue to move this work forward to reduce the risks posed by chemical substances to people in Canada.