Surfactant allowed with impurity and cosmetic limits

Summary#

The government issued Ministerial Condition No. 22545 under the Canadian Environmental Protection Act, 1999 that allows the manufacture or import of a specific surfactant substance (CAS 691400-36-9) but only under strict limits and record-keeping rules. The conditions take effect on May 29, 2026. The Gazette also publishes Order 2026-87-06-02, which deletes CAS 12027-96-2 from the Non‑domestic Substances List and will come into force when a related Domestic‑List order does.

What it does#

• Allows the named notifier to manufacture or import the substance CAS 691400-36-9, subject to conditions set out by the ministers under the Canadian Environmental Protection Act, 1999.
• Sets impurity limits:
  • the impurity 1,3-propanediamine, N,N-dimethyl- (CAS 109-55-7) must be less than 0.01% by weight;
  • fatty acid amidopropyl dimethylamine (amidoamine) impurities must be ≤ 1.5% by weight.
• Restricts cosmetic uses:
  • the substance may not be made or imported for use in a leave‑on cosmetic at concentrations above 0.6% by weight;
  • the substance cannot be imported already contained in a leave‑on cosmetic above 0.6% by weight.
• Requires the notifier to inform and obtain written confirmation from any recipient (before the first transfer) that they were told the conditions and agree not to use it in leave‑on cosmetics above 0.6%. (This does not apply when the substance is transferred already contained in a product.)
• Imposes record-keeping rules on the notifier, including keeping records of uses, concentrations, quantities, buyers/suppliers, and written confirmations:
  • create records within 30 days after information becomes available;
  • update address changes within 30 days;
  • keep records at the principal place of business in Canada for at least five years;
  • electronic records must be in a readable format.

Who's affected#

• The primary party affected is the notifier — the person who submitted the required information to the ministers on May 22, 2026 and who is allowed to manufacture or import under these conditions.
• Manufacturers and importers of the named substance will be affected if they are (or become) the notifier.
• Cosmetic formulators and companies that make or import leave‑on cosmetics need to know the 0.6% limit, because they cannot use or import products that exceed it.
• Suppliers and downstream recipients who take physical possession of the substance must receive written notice of the conditions and, before first receiving it, confirm they will not use it in banned uses.
• Other parties could be affected indirectly (e.g., retailers) if product supplies change, but the conditions mostly govern the notifier and downstream handlers.

Why it matters#

• The ministers assessed the chemical as potentially harmful and are allowing its use only under limits meant to reduce risk. That affects which products can legally contain it and at what levels.
• For consumers, the key practical point is that leave‑on cosmetics should not contain this substance above 0.6% if they come from the authorized notifier or importer named in these conditions.
• For businesses, the rules add testing, labelling, transfer notification and record‑keeping steps. Those steps make it easier for regulators to trace where the substance goes and how it is used.
• The separate Non‑domestic List change (CAS 12027-96-2) may affect regulatory listing status for that other substance, but its timing depends on a related Domestic‑List order. The Gazette notice does not give a firm effective date for that change.