New Controls on Two Chemical Substances

Summary#

• The Department of the Environment published two notices under the Canadian Environmental Protection Act, 1999.
• Ministerial Condition No. 21943 allows a specific notifier to manufacture or import a named quaternary ammonium substance only under strict limits (in force November 22, 2024). Significant New Activity Notice No. 21862 requires people to notify the government before using phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879-47-9) in cosmetics above 1% by weight (with transitional rules until December 7, 2025).

What it does#

• Ministerial Condition No. 21943 (quaternary ammonium substance)

  • Allows only the original notifier (the person who filed information on August 2, 2024) to manufacture or import the substance.
  • Limits use to being an antistatic agent for fibreglass and plastics.
  • Requires that transfers go only to people who agree to use it that way.
  • Requires the notifier to tell the Minister at least 120 days before starting manufacturing in Canada and to give information about quantities, site, transport, releases, and disposal plans.
  • Sets disposal rules: containers must be rinsed and the rinsate reused in formulations or destroyed; wastes and used containers must be incinerated or placed in an engineered hazardous waste landfill facility.
  • Requires immediate action and reporting if there is any release to the environment.
  • Requires records to be kept (including quantities, transfers and disposal) for at least five years.

• Significant New Activity Notice No. 21862 (phosphoric acid mixed esters, CAS 70879-47-9)

  • Declares a “significant new activity” when the substance is used in the manufacture of a cosmetic at concentrations greater than 1% by weight, or when cosmetics containing it above 1% are distributed for sale in quantities of 10 kg or more in a year.
  • Requires a Significant New Activity Notification with detailed information at least 90 days before the activity begins (including exposure and toxicity data, and tests for eye and skin irritation and dermal penetration).
  • Excludes research-and-development uses, site-limited intermediates, and export-only products.
  • Includes a transitional allowance: until December 7, 2025 the higher threshold of 100 kg applies instead of 10 kg.
  • The notice is in force immediately and is intended to give regulators time to assess potential risks before wider cosmetic use.

Who's affected#

• Manufacturers, importers and distributors of the two named chemicals.
• Cosmetic ingredient suppliers, cosmetic manufacturers and retailers considering use of the phosphoric-ester substance at concentrations above 1% by weight.
• Waste handlers and disposal facilities that deal with containers or residues of the quaternary ammonium substance.
• Safety testing laboratories and anyone who would prepare the toxicity and exposure data required for a Significant New Activity Notification.
• Some details are tied to a specific notifier (identity not named publicly), so the full list of affected parties may be limited or unclear from the public notice.

Why it matters#

• These notices are tools to control potential risks before a chemical is made or used widely. They limit how one substance can be used and force companies to supply safety data for another before it is used in cosmetics.
• For businesses, this can mean extra paperwork, safety testing, and disposal costs. For consumers and communities, it means the government is requiring information and limits aimed at reducing possible environmental and human health harms, such as eye, skin or systemic effects noted in the assessment.
• The transitional rule (until December 7, 2025) gives companies short-term flexibility but signals that stricter oversight is coming.