Lithium cobalt manganese nickel oxide SNAc

Summary#

Order 2023-87-01-01 Amending the Domestic Substances List adds the chemical lithium cobalt manganese nickel oxide (CAS 182442-95-1) to Part 2 of the Domestic Substances List and keeps rules that require advance government notice for certain new uses. The order was registered on December 20, 2022 and published in the Canada Gazette on January 4, 2023.

What it does#

• Adds the substance lithium cobalt manganese nickel oxide (CAS 182442-95-1) to Part 2 of the Domestic Substances List, with Significant New Activity (SNAc) reporting requirements.
• Triggers the reporting rule when the substance is used in a year in amounts equal to or above 1 000 kg, but only if its primary particle size distribution meets either:
  • at least 10% of particles, by number, in the 1 to 100 nm range; or
  • at least 1% of particles, by mass, in the 1 to 100 nm range.
• Requires anyone planning a covered “significant new activity” to send specified information to the government at least 90 days before starting. Required information includes particle-size data, physical and surface characteristics, and a suite of toxicity and environmental studies.
• For proposed uses above 10 000 kg per year, additional tests and reports are required.
• Some uses are excluded from the notice rule, including use as a research and development substance, a site-limited intermediate, or for export-only. Uses regulated under other federal laws (for example, the Pest Control Products Act, the Fertilizers Act and the Feeds Act) may also be outside these requirements.
• The tests and measurements referenced must follow internationally recognized methods such as OECD guidelines and good laboratory practice.

Who's affected#

• Companies or people who make, import or use lithium cobalt manganese nickel oxide in Canada for new large-scale activities — especially if the material contains nano-scale particles and annual amounts reach or exceed 1 000 kg.
• Notifiers who plan very large activities (over 10 000 kg per year) — they will face more extensive testing requirements.
• Current users of the substance for ongoing activities are not being newly regulated by this order, and common small-scale research or export-only uses are excluded.
• It is unclear from the order exactly which industries will be most affected; the rule applies whenever the substance and particle-size criteria are met.

Why it matters#

• The rule keeps government oversight where there is uncertainty about environmental or health risks from nanoscale forms of this material. It ensures the government gets detailed data before large new uses begin.
• For businesses planning big, new uses of this chemical, the order means time and expense to generate and submit studies and data — there is no fee for the notice itself, but tests can be costly.
• The order also removes this chemical from the New Substances Notification Regulations (Chemicals and Polymers), which can make routine access easier, while keeping extra checks for significant new activities.