Acrylate silicone copolymer added to DSL

Summary#

The government published Order 2020-87-01-01 Amending the Domestic Substances List to add one chemical (CAS 262299-63-8) to the Domestic Substances List and to keep special reporting rules under the Canadian Environmental Protection Act, 1999 for certain new uses. Companies must notify the government before some new uses that could release fine airborne particles; parts of the order take effect on March 21, 2020 (with a short transitional period ending March 20, 2020).

What it does#

• Adds the substance identified by CAS 262299-63-8 (an acrylate silicone copolymer) to Part 2 of the Domestic Substances List.
• Keeps the Significant New Activity (SNAc) reporting rules from the Canadian Environmental Protection Act, 1999 for this substance. That means certain proposed new uses must be cleared before they happen.
• Requires anyone planning a covered new activity to give the Minister detailed information at least 90 days before starting. The information includes expected quantities, exposure details, and inhalation toxicity test data following OECD test methods (for example, Test No. 413 or 412).
• Specifies when the notification rule applies:
  • When the substance is present at or above 0.1% by weight in a consumer product covered by the Canada Consumer Product Safety Act or in a cosmetic (as defined in the Food and Drugs Act) that releases or sprays particles of 10 micrometres or smaller.
  • After March 20, 2020, the threshold for notification is use of 10 kg or more in a calendar year in such products. For the period up to March 20, 2020, a transitional threshold of 1 000 kg applies.
• Excludes some uses from notification, for example: research and development uses, site-limited intermediates, export‑only products, and uses already regulated under other federal acts (such as the Pest Control Products Act, Fertilizers Act, and Feeds Act).

Who's affected#

• Manufacturers, importers and formulators who handle the substance identified by CAS 262299-63-8, especially those making or using it in:
  • consumer spray products that can release particles ≤ 10 micrometres, and
  • cosmetics that spray or release such particles.
• Companies that would use 10 kg or more in a calendar year (or 1 000 kg during the transitional period) in those product types.
• Suppliers and downstream distributors who need to know whether a product contains the substance at 0.1% or more by weight.
• Not affected (for notification) are users whose activity fits the listed exclusions (e.g., research use, export-only products, or products covered by other federal acts).

If it is unclear whether a specific product or use is covered, the order and related guidance are the authoritative sources.

Why it matters#

• Public health: regulators kept the special reporting rules because the substance could pose inhalation risks if it is sprayed or released as fine particles. The notification step gives the government time to assess those risks before new spray-type uses start in Canada.
• Business impact: adding the substance to the Domestic Substances List removes its status as a “new substance” (so it no longer triggers the regular New Substances Notification Regulations), which can make routine access easier. But anyone planning the specified new activities will need to prepare data and notify the government, which can add time and testing costs.
• Transitional timing: there is a short, higher-volume transition (up to 1 000 kg before March 20, 2020) before the lower 10 kg annual threshold applies from March 21, 2020 onward. This matters for companies planning launches or imports around those dates.