Triclosan Pollution Prevention Plans Required

Summary#

This is the final Notice requiring the preparation and implementation of pollution prevention plans with respect to triclosan in certain products published under the Canadian Environmental Protection Act, 1999 on October 10, 2020. It tells certain manufacturers and importers of triclosan-containing cosmetics, natural health products and drugs to prepare, implement and report pollution‑prevention plans and to meet stepwise reduction targets for triclosan use or imports.

What it does#

• Who must act:

  • Any person or class of persons who, in a calendar year, uses 100 kg or more of triclosan (CAS RN 3380-34-5) in making cosmetics, natural health products or drugs, or imports 100 kg or more of triclosan contained in those products.
  • Successors and assignees of those persons are also included.
  • Quantities only for products exclusively destined for export or just passing through Canada are excluded.

• Main requirements:

  • Prepare a pollution‑prevention plan that addresses manufacture or import of triclosan‑containing cosmetics, natural health products or drugs.
  • Consider environmental and health concerns and possible alternatives to triclosan (including concerns about transformation products like methyl‑triclosan).
  • File a written declaration that a plan has been prepared and is being implemented, using the government’s online forms.

• Reduction targets and base year:

  • If subject in 2020, strive for at least a 30% reduction in total triclosan mass used or imported, measured against a base year that can be the year the person became subject or any year back to 2011.
  • If subject in 2021 or later, strive for at least a 95% reduction measured from the year the person became subject.

• Timing and reporting:

  • For those subject in 2020: prepare a plan within 12 months of October 10, 2020, and implement it within 36 months of October 10, 2020.
  • For those who become subject in 2021 or later: prepare a plan within 12 months of becoming subject, and implement within 24 months of becoming subject.
  • Declarations must be filed within 30 days after the preparation or implementation deadlines.
  • Plans and related records must be kept at the relevant Canadian address and retained during the activity and for five years afterwards.
  • The government (via Environment and Climate Change Canada) will publish submitted data (with an option to request confidentiality) and will measure the Notice’s performance. Further measures, including regulations, may follow.

Who's affected#

• Primarily:
  • Manufacturers in Canada that use 100 kg or more of triclosan per year in cosmetics, natural health products or drugs.
  • Importers into Canada of those products when the triclosan content totals 100 kg or more per year.
• Also affected:
  • Successors or assignees of those businesses.
  • Suppliers and formulators who provide alternatives or need to document changes.
• Unclear or indirect:
  • Consumers and retailers are not directly required to file plans, but they could see product reformulations or changes in availability as companies meet the targets.

Why it matters#

• Environmental risk: Triclosan was added to the federal List of Toxic Substances on June 22, 2018. The government’s assessment found it can enter the environment and harm aquatic life. This Notice aims to cut releases into water.
• Push for reformulation: The notice creates clear reduction goals (30% then 95%) and deadlines. That encourages companies to reformulate products, use alternatives, or change sourcing.
• Transparency and oversight: Companies must report quantities and actions. The government will publish results and may tighten rules if the Notice doesn’t meet its goal.
• Consequences for non‑compliance: The explanatory note cites penalties under the Canadian Environmental Protection Act, 1999 that can include fines up to $12 million and imprisonment up to three years for serious offences.