Restrictions on two chemical substances

Summary#

Two Environment Department notices appear in this Gazette.

• Ministerial Condition No. 21943 allows a specific quaternary ammonium substance to be made or imported, but only under strict conditions and limits. The conditions took effect November 22, 2024.
• Significant New Activity Notice No. 21862 puts special notification rules in place for phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879‑47‑9) when it is used in cosmetics above certain amounts or concentrations; businesses must tell the government in advance so health and environmental risks can be checked.

What it does#

• Ministerial Condition No. 21943 (under the Canadian Environmental Protection Act, 1999)

  • Permits the manufacture or import of a single notified quaternary ammonium compound, but only for one use: as an antistatic agent for fibreglass and plastics.
  • Requires the notifier to transfer the substance only to people who agree to use it that way.
  • Requires the notifier to notify the Minister at least 120 days before starting to manufacture in Canada and to provide detailed information (quantities, facility address, transport/storage, likely environmental releases, disposal methods, manufacturing-process details, and existing test data).
  • Sets rules for rinsing and disposing of containers and wastes (incineration or deposit in an engineered hazardous waste landfill), and emergency reporting if releases occur.
  • Requires record-keeping (quantities, transfers, disposal details, confirmations from recipients) and keeping records for at least 5 years; some updates must be made within 30 days.

• Significant New Activity Notice No. 21862 (under the Canadian Environmental Protection Act, 1999)

  • Declares a "significant new activity" when phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879‑47‑9) is:
    • used in making a cosmetic at concentrations above 1% by weight, or
    • distributed for sale in a cosmetic at concentrations above 1% by weight when the annual quantity is ≥ 10 kg.
  • Requires anyone planning such a use to submit a notification and specific data to the Minister at least 90 days before starting the activity. Required information includes quantities, function in the product, and tests on eye/skin irritation and dermal penetration, among other data.
  • Excludes uses that are research and development, site-limited intermediates, or products made for export only.
  • Includes a transitional allowance: between publication and December 7, 2025, the higher threshold of 100 kg applies (i.e., smaller uses up to 100 kg are temporarily not treated as "significant new activity").

Who's affected#

• For Ministerial Condition No. 21943:

  • The unnamed notifier who provided the original information and any companies they deal with.
  • Any manufacturer or importer who wants to make or bring that specific quaternary ammonium compound into Canada.
  • Waste handlers and disposal facilities that would receive containers or wastes from that substance.

• For Significant New Activity Notice No. 21862:

  • Companies that make, import, distribute, or sell cosmetics containing phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879‑47‑9) at concentrations above 1% by weight.
  • Cosmetic formulators and suppliers who may need to run or supply toxicity and exposure data.
  • Regulators and public-health assessors who will review the notifications and data.

If it’s unclear whether a specific product or use is covered (for example, because of mixtures, impurities, or low concentrations), the notices say to check the detailed definitions and, if needed, consult the department.

Why it matters#

• These notices are precautionary steps by government regulators to limit unassessed chemical risks. They stop a substance from being widely used for new purposes until health and environmental risks are evaluated.
• For businesses: they create legal obligations to notify, collect data, and keep records before certain manufacturing or cosmetic uses can proceed. That can mean extra testing, paperwork, or delays.
• For the public and environment: the rules aim to reduce unexpected releases and to ensure that potentially harmful chemicals are assessed before they appear in consumer products like cosmetics or in wider industrial use.