Benzophenone added to Schedule 1

Summary#

On April 2, 2022, the federal government published a proposed Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 to add methanone, diphenyl- (benzophenone) to the list of toxic substances. The change itself would not create new rules yet, but it would allow ministers to develop future controls under the Canadian Environmental Protection Act, 1999.

What it does#

• Adds methanone, diphenyl- (benzophenone) to Schedule 1 (the List of Toxic Substances).
• Records the screening assessment finding that benzophenone meets the human-health concern test (animal studies showed cancer and other effects).
• Notes that benzophenone was judged to pose a low ecological risk (so environmental effects were not the concern).
• Does not, by itself, create bans, limits, or costs. It simply gives the government the authority to propose risk-management measures later.
• Opens a public comment window of 60 days after publication for feedback on the proposed Order.
• If made final, the Order would come into force on the day on which it is registered (no fixed calendar date is provided in the notice).

Who's affected#

• Consumers who use products that can contain benzophenone, such as nail polish, some cosmetics (fragrances, makeup, hair products), and certain paints and stains — the screening assessment identified exposures from nail polish and paints/stains as potential concerns.
• Businesses that manufacture or import benzophenone itself or products containing it: chemical suppliers, cosmetic companies, paint and coatings manufacturers, printers/ink suppliers, and manufacturers of adhesives, sealants and some industrial products.
• Federal departments involved in chemical safety: Environment and Climate Change Canada and Health Canada, which would develop any follow-up rules.
• It is unclear exactly which products or firms would be regulated later — that depends on the specific risk-management measures the ministers may propose.

Why it matters#

• Adding a substance to Schedule 1 is the formal step that lets the government propose rules to reduce exposure. That could lead to restrictions, labelling, limits in products, or other actions in future.
• The screening assessment found evidence of cancer in animals and identified nail polish and some paints/stains as exposure routes with insufficient safety margin. That is why regulators are preparing to consider controls.
• For now, there is no immediate change to what consumers can buy. However, manufacturers and importers may be affected if future risk-management measures are proposed. The public comment period is an opportunity to raise concerns or provide data before any rules are designed.