Trixylyl phosphate subject to advance-notice rules

Summary#

The federal government issued Order 2024-87-24-01 Amending the Domestic Substances List (SOR/2025-81) to apply the "significant new activity" rules to the chemical phenol, dimethyl-, phosphate (3:1) (also called trixylyl phosphate, CAS RN 25155-23-1). The order means businesses must notify the government before starting certain new uses or imports of the substance that meet specified concentration or quantity thresholds. The order came into force on March 6, 2025.

What it does#

• Adds phenol, dimethyl-, phosphate (3:1) to Part 2 of the Domestic Substances List so the government can require advance notice for certain new uses.
• Triggers notification when the substance is used in the manufacture of:
  • a consumer product covered by the Canada Consumer Product Safety Act if the product contains the substance at ≥ 0.1% by weight, except for lubricants/greases where the threshold is > 2% by weight; or
  • a cosmetic under the Food and Drugs Act if it contains the substance at ≥ 0.1% by weight.
• Triggers notification when the substance is imported in such products and the total amount imported across all those products in a calendar year is > 10 kg.
• Exemptions:
  • research and development substances and site‑limited intermediate substances;
  • products intended only for export;
  • uses already regulated under other federal acts listed in CEPA (for example pesticides or fertilizers).
• Anyone planning a covered new activity must give the government a detailed notification at least 90 days before the activity starts. The government will assess the notification within 90 days after it receives the information.

Who's affected#

• Manufacturers and importers of consumer products and cosmetics that might contain trixylyl phosphate at or above the listed concentrations.
• Companies that make or import lubricants and greases containing this substance at concentrations above 2% by weight.
• Importers who bring into Canada more than 10 kg per year of products containing the substance at the listed concentrations.
• Suppliers and downstream users who would need to share information or rely on a supplier's notification.
• The order does not change or restrict existing uses that were assessed as low risk; it only targets new or substantially different uses.

Why it matters#

• The government wants early warning about new or expanded uses that could raise human or environmental exposure. That lets regulators assess risks before products reach the market.
• The chemical is persistent and was identified as having properties of concern (including possible reproductive effects) in a prior assessment. The new rule is designed to prevent unexpected increases in exposure.
• For businesses, the main practical effect is the need to prepare and submit a detailed notification at least 90 days before starting a covered activity. That can affect product planning and timelines. For the public, it means extra safeguards before new uses of this chemical are introduced.