Trixylyl phosphate: proposed SNAc rules

Summary#

This is a notice of intent from the Minister of the Environment to change the Domestic Substances List under the Canadian Environmental Protection Act, 1999 so that new or expanded uses of the chemical trixylyl phosphate would trigger a formal notification and review. The change is a proposal (not yet law); the government is asking for public comments within 60 days of publication (December 19, 2020).

What it does#

• Moves the substance phenol, dimethyl-, phosphate (3:1) (commonly called trixylyl phosphate) so that the Significant New Activity rules apply to it.
• Requires anyone who plans certain new uses to notify the government at least 90 days before starting. That notification must include details such as the planned use, amounts, where it will be used, and product information.
• Triggers notification when the substance is present in a product at or above 0.1% by weight in:
  • consumer products covered by the Canada Consumer Product Safety Act, and
  • cosmetics as defined in the Food and Drugs Act.
• There is a special threshold for lubricants and grease: uses in those products would be treated differently if the concentration is 2% by weight or lower.
• Some activities are exempt from the new notification rule, including:
  • use as a research and development or site‑limited intermediate substance,
  • manufacture of products that are for export only,
  • activities below an annual quantity of 10 kg in a calendar year (for certain product types), as described in the proposal.
• The government plans to assess the submitted notification information within 90 days of receiving it.

Who's affected#

• Companies that import, manufacture, or put trixylyl phosphate into consumer products or cosmetics in Canada.
• Businesses that plan to increase or change how they use the substance so it appears in products at 0.1% by weight or more, or who will use more than 10 kg in a year under the conditions described.
• Small-scale or research users and products made solely for export are generally not affected.
• It is unclear from the notice how many Canadian products currently contain this substance; the notice says it is not currently known to be used in cosmetics in Canada.

Why it matters#

• The government’s screening assessment found human‑health concerns (including reproductive toxicity identified by other jurisdictions) even though, overall, the substances were not judged to meet the legal test for immediate regulatory action.
• Applying the Significant New Activity rules gives regulators advance notice when the chemical is proposed for new or expanded consumer uses. That lets health and environment officials evaluate risks before wider exposure happens.
• For companies, this means extra lead time and paperwork (notifications and data) if they plan to start or scale up uses that meet the thresholds. For the public, it is a precaution aimed at reducing the chance of unexpected increases in exposure to a chemical with health‑related concerns.