Siloxane Allowed with Conditions; SNAc on Phenol

Summary#

The Canada Gazette published two Environment notices under the Canadian Environmental Protection Act, 1999. One permits the manufacture or import of a specific siloxane under conditions that include record-keeping and spill response. The other puts a “significant new activity” rule on a different chemical used in consumer products and cosmetics, requiring advance notice and safety information before certain new uses begin.

What it does#

• Ministerial Condition — Ministerial Condition No. 22468

  • Allows the manufacture or import of siloxanes and silicones, di-Me, Me 3,3,4,4,5,5,6,6,6-nonafluorohexyl, Me stearyl (CAS 915223-67-5) but only if the listed conditions are met.
  • Key conditions:
    • If the substance is released to the environment, the notifier must stop further releases, limit dispersion, and notify an enforcement officer or the province/territory 24-hour emergency phone.
    • Before giving the substance to anyone else, the notifier must inform that person in writing about these conditions and get written confirmation that they will comply.
    • The notifier must keep records (paper or electronic) showing uses, quantities manufactured/imported/purchased/distributed/sold/used, who received the substance, and the written confirmations. Records must be kept for at least five years at the notifier’s main Canadian business address and created within 30 days after the information becomes available.
  • Comes into force on March 30, 2026.

• Significant New Activity Notice — Significant New Activity Notice No. 22295

  • Declares a “significant new activity” (SNAc) for phenol, 2-(2H-benzotriazol-2-yl)-4-methyl-6-[2-methyl-3-[1,3,3,3-tetramethyl-1-[(trimethylsilyl)oxy]-1-disiloxanyl]propyl]-(CAS 155633-54-8) under the Canadian Environmental Protection Act, 1999.
  • A use counts as a significant new activity if the substance is used in the manufacture or distribution for sale of:
    • any consumer product, or
    • any cosmetic (except a face cream with the substance at 6.5% by weight or less).
  • Before starting a significant new activity, the person must give the Minister of the Environment a notification at least 90 days beforehand with detailed information, including:
    • the planned yearly quantity,
    • product descriptions and concentrations,
    • expected human exposure (including whether the product is for children),
    • any available toxicity data and other relevant studies,
    • and information sufficient to assess two-generation reproductive toxicity (done to OECD guidelines and good laboratory practice).
  • Exemptions:
    • research and development uses,
    • site-limited intermediate uses,
    • products manufactured for export only.
  • Transitional rule: from publication until April 18, 2027, only uses in quantities greater than 100 kg in a year trigger the SNAc requirement.
  • The government aims to assess the submitted information within 90 days of receiving it.

Who's affected#

• For Ministerial Condition No. 22468:

  • The specific notifier named in the notice (the company or person who supplied the original information).
  • Anyone who receives physical possession or control of that siloxane from the notifier — they must be told about the conditions and confirm they will follow them.
  • Companies that import, manufacture, distribute, or use that exact chemical (CAS 915223-67-5) in Canada.

• For Significant New Activity Notice No. 22295:

  • Manufacturers, importers, distributors, and retailers who plan to use or sell the listed chemical (CAS 155633-54-8) in consumer products or cosmetics.
  • Product developers considering new uses of the substance — especially those making products intended for children or applying the substance to skin.
  • During the transitional period, smaller users with annual quantities at or below 100 kg are less likely to be affected until April 18, 2027.

If it’s unclear whether a particular product or ingredient matches the exact chemical named in the notices, affected parties should check chemical identifiers (like the CAS numbers) or seek clarification from Environment Canada.

Why it matters#

• These notices show the government is treating these two chemicals as potentially harmful and is moving to control how they enter and are used in Canada.
• Companies that deal with these chemicals will need to track quantities, keep records, and, for certain new uses, submit detailed safety and exposure data well before products reach the market. That can affect production plans and product timelines.
• For consumers, the rules aim to reduce unassessed exposures to these substances in everyday products, especially cosmetics and items used by children.
• The transitional provision gives businesses time to adapt, but larger-scale new uses (over 100 kg per year) will need prior notification during the transition.