Part IOrderVolume 157, Number 13Published: April 1, 2023

Chlorocresol added to CEPA Schedule 1

Canada Gazette, Part I, Volume 157, Number 13: Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999

REGULATORY IMPACT ANALYSIS STATEMENT

Key facts

Published
April 1, 2023
Comment deadline
May 31, 2023
Effective date
Unclear

Summary#

This is a proposed Order, published April 1, 2023, to add phenol, 4-chloro-3-methyl- (chlorocresol, CAS RN 59-50-7) to Schedule 1 of the Canadian Environmental Protection Act, 1999. The proposal does not itself ban or restrict products. Instead it lets the federal ministers develop risk-management tools under the law because a government assessment found a potential human‑health concern.

What it does#

  • Adds phenol, 4-chloro-3-methyl- (chlorocresol, CAS RN 59-50-7) to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999.
  • The addition gives Health Canada and Environment and Climate Change Canada the formal authority to propose rules or other measures to manage risks from chlorocresol.
  • The government’s screening assessment (published May 22, 2021) concluded chlorocresol meets the human‑health test in the Act (concern for human life or health), but found low ecological risk.
  • The order itself does not create new regulatory requirements or costs for businesses. Any future restrictions or limits would be consulted on and could impose requirements later.
  • The Canada Gazette notice invited public comment during a 60-day period as part of the consultation on the proposal.

Other facts from the assessment (for context)

  • Industry reporting for 2011 said chlorocresol was not made in Canada above 100 kg but was imported in the range 100 kg to 1 000 kg.
  • Chlorocresol is used in some cosmetics and in a small number of natural health products and non‑prescription topical drugs. Some databases list it for topical use up to 0.2%; international limits include 0.2% in some EU cosmetics rules and 0.50 g/100 g in Japan.

Who's affected#

  • Manufacturers, importers, and sellers of cosmetics, natural health products, over‑the‑counter topical drugs, and certain pest‑control or preservative products that contain chlorocresol.
  • Consumers who use body lotions, topical creams, or other personal‑care products that list chlorocresol as an ingredient.
  • The general public is indirectly affected because the addition allows federal agencies to consider limits, labelling, or other controls that could change product formulations or availability.
  • If you are unsure whether a product you use contains chlorocresol, check the ingredient list or ask the manufacturer.

Why it matters#

  • This is the formal step that lets the government move from assessment to action. Adding a substance to Schedule 1 is how Canada starts the process of making rules to reduce exposure if needed.
  • The assessment flagged a possible health concern (long‑term effects found in studies), mainly tied to repeated skin exposure from products like lotions. That’s why cosmetics and topical products are the focus.
  • The order does not immediately change what people can buy or sell. But it could lead to future measures — for example, concentration limits, product labelling, or restrictions — after further consultation.
  • The environmental risk was judged low, so expected regulatory attention will focus on human health and product uses rather than the broader environment.

Key topics

Canadian Environmental Protection Act, 1999CEPAPhenol, 4-chloro-3-methyl-chlorocresolCAS RN 59-50-7Schedule 1List of Toxic SubstancesChemicals Management PlanCMPEnvironment and Climate Change CanadaHealth Canadacosmeticsnatural health productsscreening assessment

Source: Canada Gazette

Official source