Siloxane polymer added to Domestic List

Summary#

Order 2021-87-02-01 Amending the Domestic Substances List adds a single new polymer (masked as CAN 19494-2) to the Domestic Substances List under the Canadian Environmental Protection Act, 1999. It keeps rules that require companies to notify the government before starting certain uses of the substance that could release fine airborne particles.

What it does#

• Adds the polymer masked as CAN 19494-2 (named in the order as “siloxanes and silicones, di‑Me, alkene Me, [(alkenedimethylsilyl)oxy]‑terminated, polymers with hydrogen‑terminated di‑Me siloxanes”) to the Domestic Substances List.
• Keeps Significant New Activity (SNAc) reporting requirements for uses that may create inhalation exposure, specifically when the substance is present at ≥1% by weight in:
  • consumer products covered by the Canada Consumer Product Safety Act that release or spray particles ≤10 micrometres; or
  • cosmetics as defined in the Food and Drugs Act that release or spray particles ≤10 micrometres.
• Sets quantity thresholds and timing:
  • Transitional period: use of ≥1,000 kg during the interim period up to December 10, 2021 required notification.
  • From December 11, 2021 the SNAc threshold is use of >10 kg in a calendar year for the listed product types.
• Anyone proposing a covered “significant new activity” must notify the Minister at least 90 days before starting and provide information such as:
  • a description of the activity and the annual quantity expected;
  • exposure details and particle size distribution;
  • the function of the substance in the product;
  • existing toxicity and exposure data, including an inhalation toxicity study done to OECD guidelines (28‑day or 90‑day study) and any other relevant test data.
• Exemptions: research and development uses, site‑limited intermediates, export‑only products, and certain regulated product categories are not subject to the SNAc notice requirement.

Who's affected#

• Manufacturers, importers and formulators of consumer products and cosmetics that might contain this polymer at ≥1% by weight and that release or spray airborne particles ≤10 micrometres.
• Companies planning to start new uses that would exceed the >10 kg per calendar year threshold (after December 11, 2021) must notify the government in advance.
• Businesses doing only research, limited intermediate manufacturing, or exporting products only are generally not affected.
• It is unclear from the order which specific brands or product lines use this polymer; affected firms will be those that have the substance in their formulations at the concentrations and product types described.

Why it matters#

• The government kept the reporting rule because health experts flagged a potential risk if the substance is inhaled — the order notes possible adverse effects on the lungs. The notification requirement gives Health Canada and Environment Canada a chance to review new uses and require controls before widespread exposure occurs.
• For businesses, adding the substance to the Domestic Substances List removes one set of new‑substance notification rules, but it does mean advance notice is still required for certain new product uses. That gives companies clearer rules to follow if they want to introduce the substance into sprayable consumer products or cosmetics.
• For consumers, the rule aims to reduce the chance that a new use of this polymer would lead to uncontrolled inhalation exposure without prior government assessment.