Limits on Confidential Epoxy Curing Agent

Summary#

The government issued a ministerial condition under the Canadian Environmental Protection Act, 1999 that allows a specific chemical (Confidential Substance Identity Number 13804-7) to be manufactured or imported by the company that notified the government, but only under strict limits and safeguards. The conditions came into force on January 10, 2020.

What it does#

• Allows the notifier (the company that submitted information on November 20, 2019) to manufacture or import the substance (CSIN 13804-7) only for two uses:
  • As an epoxy curing agent to make a water-based paint or coating intended for floors in industrial or commercial settings.
  • As an epoxy curing agent in a water-based consumer floor paint that is covered by the Canada Consumer Product Safety Act, provided the substance makes up no more than 5% of the paint or coating.
• Allows import of the substance when it is already contained within such water-based floor paints or coatings.
• Requires the notifier to transfer the substance only to people who agree to use it as allowed above.
• Requires a bilingual label on consumer containers with this exact warning:
  • “WARNING: This product may cause skin sensitization. Avoid skin contact. Wear gloves when using this product.”
  • « ATTENTION : Ce produit peut causer une sensibilisation de la peau. Évitez le contact avec la peau. Portez des gants lors de l’utilisation du produit. »
• If the substance is released to the environment, whoever has it must immediately stop further release, limit spread, and notify an enforcement officer as soon as possible.
• Record-keeping and notice requirements:
  • The notifier must keep records showing the substance’s use, how much they import/purchase/sell/use, and the name and address of every person they transfer it to.
  • Those records must be kept at the notifier’s main Canadian business address (or their Canadian representative’s) for 5 years.
  • The notifier must inform any transferee in writing about these conditions and, before the first transfer, obtain written confirmation that the transferee was informed and will comply. That confirmation must be kept for 5 years.
• Some administrative sections do not apply when the substance is transferred while already contained inside an allowed paint or coating.

Who's affected#

• Primarily the unnamed notifier (the company that submitted the information on November 20, 2019) — only that notifier is authorized under these conditions to make or import the substance.
• Manufacturers, importers, paint formulators, and suppliers who work with water-based floor paints and coatings could be affected if they buy the product from the notifier.
• Industrial and commercial facilities that use floor coatings made with this curing agent.
• Consumers who buy a covered consumer floor paint: they may see the new bilingual warning and be advised to wear gloves.
• Workers and employers handling these paints will need to follow use and reporting rules.
• The source does not name the notifier, so it’s not clear which company or companies will actually be making or importing the substance.

Why it matters#

• This decision lets one company sell or bring into Canada a chemical that the government suspects may be toxic, but only under narrow uses and with controls meant to limit exposure to people and the environment.
• For consumers, the most visible change is a bilingual warning on certain floor paints advising glove use to reduce the risk of skin sensitization.
• For businesses and workplaces, the rules add obligations: only authorized transfers, written confirmations, and detailed record-keeping for 5 years, plus immediate action and reporting if the substance is accidentally released.