Two Chemicals Added to Domestic Substances List
Order 2026-87-08-01 Amending the Domestic Substances List: SOR/2026-161
The Order adds two chemicals (CAS 26401-35-4 and CAN 19814-2) to the Domestic Substances List while keeping Significant New Activity (SNAc) reporting requirements for certain new uses and imports. The rule requires a Significant New Activity Notification (SNAN) at least 90 days before specified new activities for products containing the substances at 0.1% or more; most of the Order took effect on registration (2026-06-30) and key lower quantity thresholds come into force on 2027-05-03.
Summary
Summary#
This notice adds two chemicals to the Domestic Substances List through Order 2026-87-08-01 Amending the Domestic Substances List (SOR/2026-161). The order keeps reporting rules that require companies to tell the government before starting certain new uses or imports of these chemicals so they can be assessed first.
What it does#
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Adds the chemical identified by CAS 26401-35-4 (hexanedioic acid, 1,6-diisotridecyl ester) to Division 1 of Part 2 of the Domestic Substances List with significant new activity (SNAc) reporting requirements.
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Adds the chemical identified by CAN 19814-2 (alkanedioic acid, di‑branched alkyl ester) to Part 4 of the Domestic Substances List with SNAc reporting requirements.
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Sets concentration trigger: products that contain either substance at 0.1% or more by weight are in scope for the SNAc requirements.
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Sets quantity thresholds and a transition:
- For CAS 26401-35-4:
- During the period up to May 2, 2027, notifications are required if manufacture or import across all such products in a calendar year exceeds 1 000 kg.
- Starting May 3, 2027, the replacement text lowers some thresholds so that importation above 10 kg in a calendar year triggers notification; manufacture of in-scope products is also subject to notification regardless of the earlier high threshold (see the Order for precise wording).
- For CAN 19814-2:
- During the period up to May 2, 2027, notifications are required if manufacture or import across all such products in a calendar year exceeds 100 kg.
- Starting May 3, 2027, importation above 10 kg in a calendar year triggers notification; manufacture of in-scope products is also caught by the SNAc requirement (see the Order for exact terms).
- For CAS 26401-35-4:
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Requires any person planning a significant new activity to submit a Significant New Activity Notification (SNAN) to the Minister of the Environment at least 90 days before starting. The SNAN must include exposure and toxicity information described in the Order.
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The information submitted will be assessed within 90 days after the Minister receives a complete SNAN.
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Exemptions include research and development uses, site‑limited intermediates, products intended only for export, and uses already regulated under certain other federal acts (for example, pesticide, fertilizer, or animal feed regulations). The Order also clarifies some transfer-notification rules for downstream recipients.
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Timing: most of the Order came into force on registration (June 30, 2026); key parts that change thresholds come into force on May 3, 2027 (and the transitional higher thresholds apply up to May 2, 2027).
Who's affected#
- Manufacturers, importers and formulators of consumer products and cosmetics that contain either substance at 0.1% or more.
- Companies that import small quantities of products containing these substances — after May 3, 2027, imports over 10 kg per calendar year may require a SNAN.
- Chemical suppliers, testing labs and consultants who prepare safety and exposure data needed for notifications.
- The general public could be indirectly affected because the change affects how quickly regulators can assess and manage potential health or environmental risks from new uses of these chemicals.
It is unclear from the Order how many Canadian businesses currently use or import these exact substances; the rule targets future “significant new activities.”
Why it matters#
- The government found potential health concerns if these chemicals are used in consumer products or cosmetics that lead to repeated skin contact, ingestion or inhalation. Keeping the SNAc rules means companies must notify the government before starting such new uses so the substances can be reassessed first.
- Adding the chemicals to the Domestic Substances List also removes them from the New Substances Notification Regulations, which can make routine access easier for businesses. At the same time, the SNAc requirements act as a safeguard against unassessed expansion into consumer uses.
- The transition and the lowered quantity thresholds after May 3, 2027 mean more small-scale imports or new manufacturing uses could trigger reporting — businesses that import or make products containing these substances should check whether they will need to notify and plan for the 90‑day lead time.
Key topics
Source: Canada Gazette