Permit for Quaternary Ammonium; Cosmetic SNAc

Summary#

• The Government of Canada issued Ministerial Condition No. 21943 and Significant New Activity Notice No. 21862 under the Canadian Environmental Protection Act, 1999.
• The first allows a specific quaternary ammonium substance to be manufactured or imported but only under detailed conditions; the second requires advance notice and data before certain uses of phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879-47-9) in cosmetics.

What it does#

• Ministerial Condition No. 21943 (comes into force November 22, 2024):

  • Permits manufacture or import of the substance named in the notice but only for use as an antistatic agent for fibreglass and plastics.
  • Requires the original notifier to transfer the substance only to people who agree to use it that way.
  • Requires the notifier to tell the Minister of the Environment in writing at least 120 days before starting manufacturing in Canada and to provide detailed information (annual quantity, facility address, transport and storage plans, likely environmental releases, disposal methods, manufacturing process details, and available test data).
  • Sets disposal rules: thoroughly rinse containers and either reuse the rinsate in formulations or destroy/dispose of rinsate and wastes by incineration or in an engineered hazardous waste landfill facility.
  • Requires record-keeping (quantities, transfers, disposers, confirmations) and retention of records for at least five years.

• Significant New Activity Notice No. 21862 (in force immediately):

  • Applies SNAc requirements to phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879-47-9).
  • Defines a “significant new activity” for this chemical as:
    • Use in the manufacture of a cosmetic at concentrations greater than 1% by weight, or
    • Distribution for sale of a cosmetic containing it at > 1% by weight in amounts ≥ 10 kg per calendar year.
  • Requires a detailed Significant New Activity Notification be submitted at least 90 days before starting such an activity. Required information includes anticipated quantities, function in the product, and data on eye and skin irritation, dermal penetration, and other toxicity or exposure information.
  • Transitional provision: between publication and December 7, 2025, the notice treats a significant new activity as using more than 100 kg (instead of 10 kg) in a year; after December 8, 2025, the lower thresholds apply.

Who's affected#

• Companies that manufacture or import the specific quaternary ammonium compound named in Ministerial Condition No. 21943 — especially the original notifier and any customers who would receive the substance for use as an antistatic agent.
• Chemical distributors, transporters, waste handlers and facilities that would store, move or dispose of that substance or its containers.
• Cosmetic makers, importers and distributors who plan to use phosphoric acid, mixed decyl and octyl esters, potassium salts (CAS 70879-47-9) at concentrations above 1% by weight — especially if use would be ≥ 10 kg per year after December 8, 2025.
• Anyone who would transfer physical possession of either substance must be informed of these obligations; the notices make it clear responsibility flows with possession and control.
• If it’s unclear whether a product or ingredient contains one of these chemicals, the notice says companies should check formulations, safety data sheets, or contact suppliers.

Why it matters#

• These actions are precautionary steps by the government to limit unmonitored uses and to gather safety information before wider use. The ministers expressed concern the chemicals could be harmful to human health or the environment.
• For businesses: the rules can delay new manufacturing or product launches because of notification periods (120 days or 90 days) and testing/data requirements. They also add record-keeping and disposal costs and responsibilities (e.g., incineration or engineered hazardous landfill).
• For consumers and workers: the notices aim to reduce uncontrolled exposure to chemicals that the government flagged for potential eye, skin or systemic toxicity and to make sure risks are assessed before the chemicals are used in cosmetics or more widely produced in Canada.
• For regulators and public health: the SNAc is intended to collect targeted toxicity and exposure data so authorities can decide if further controls are needed.