Canada Regulatory News

On 19 May 2023, Environment and Climate Change Canada (ECCC) and Health Canada published their draft state of per-and polyfluoroalkyl substances (PFAS) report. The report signifies a significant deve...

On 19 May 2023, Environment and Climate Change Canada (ECCC) and Health Canada published their draft state of per-and polyfluoroalkyl substances (PFAS) report. The report signifies a significant development by the Canadian government in acknowledging the potential risks posed by PFASs to human health and the environment. This collaborative effort between Environment and Climate Change Canada (ECCC) and Health Canada moves the government closer to considering regulatory measures to restrict these persistent compounds. 

Based on the findings outlined in the report, which align with the toxicity criteria specified in section 64 of the Canadian Environmental Protection Act (CEPA), the government intends to recommend adding the group of over 4,700 PFASs as a class to Schedule 1 of CEPA. This schedule lists toxic substances within the country, and if confirmed in the final report, it will pave the way for potential regulatory and non-regulatory controls on the use of PFASs, particularly in firefighting foams. The government also aims to explore avenues for reducing exposure to PFASs from other sources and products, while seeking alignment with actions taken by other jurisdictions. 

The draft report indicates the possibility of future regulatory actions not only targeting PFASs in firefighting foams but also addressing their wide usage in cosmetics, food packaging, and other products. This underscores Canada's commitment to intensifying efforts in addressing PFASs comprehensively. The country already regulates the manufacturing, import, use, and sale of specific PFASs such as perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and long-chain perfluorocarboxylic acids (LC-PFCAs). By adopting a class-based approach, Canada aims to align its actions with those of the United States, including initiatives in Maine, as well as with the European Union's proposal to address a broader range of PFASs. In the accompanying risk management scope, the Canadian government expresses its intent to consider alignment with jurisdictions such as the EU, US, Australia, New Zealand, and others. 

Interested parties have the opportunity to provide comments on the draft report and risk management scope until 19 July. 

Environment and Climate Change Canada (ECCC) has published a statement which confirms their plan  to issue a mandatory survey. The objective of this survey is to collect information on certain per- a...

Environment and Climate Change Canada (ECCC) has published a statement which confirms their plan  to issue a mandatory survey. The objective of this survey is to collect information on certain per- and polyfluoroalkyl substances (PFASs). Furthermore , this survey is going to aid the ongoing efforts to evaluate and determine potential future regulatory actions on PFASs, as well as understanding structural analogues and functional alternatives (SAFAs) under the Chemicals Management Plan (CMP).  

The ECCC is authorized under Section 71 of the Canadian Environmental Protection Act (Cepa) to ask manufacturers and importers to provide data, including toxicological tests. The survey will be released after the ‘State of PFAS’ report, which is expected in June, and will not be included in the report.  

On 1 April 2023, the Canadian government announced that they are taking steps to limit the potential risks associated with the use of chlorocresol in cosmetics by proposing an order to add it to the l...

On 1 April 2023, the Canadian government announced that they are taking steps to limit the potential risks associated with the use of chlorocresol in cosmetics by proposing an order to add it to the list of toxic substances. This announcement was published in the Canada Gazette. The proposed order would add chlorocresol to Schedule 1 of the Canadian Environmental Protection Act (CEPA). Stakeholders have until 31 May to provide feedback on the proposed order. After this date any subsequent risk management proposals will be subject to their own consultation process if the order is finalized. 

Chlorocresol is a biocide that is commonly used in cosmetics, non-prescription drugs and health products for skin irritations, and as a lubricant in food processing facilities. It is also registered as an active ingredient in pest control products in Canada. 

According to Health Canada and Environment and Climate Change Canada (ECCC), any potential risk management actions related to chlorocresol will focus primarily on its use in cosmetics, as this is where there is concern for Canadians. In 2019, the agencies released a draft assessment which indicated that chlorocresol, when used in moisturizers and lotions, may have adverse effects on the adrenal glands. The finding was confirmed two years later, prompting the recommendation to add chlorocresol to Schedule 1 and to include it on Canada’s Cosmetic Ingredient Hotlist as a prohibited or restricted substance. 

On 11 March 2023 the Canadian Government announced new ministerial conditions on the manufacture and import of the cosmetic and coating ingredient of 1-propanaminium, n-(3-aminopropyl)-2-hydroxy-n,n-d...

On 11 March 2023 the Canadian Government announced new ministerial conditions on the manufacture and import of the cosmetic and coating ingredient of 1-propanaminium, n-(3-aminopropyl)-2-hydroxy-n,n-dimethyl-3-sulfo-, n-(C12-18 and C18-unsatd. acyl) derivatives, inner salts. This substance has a variety of uses in the industry including cosmetics, adhesives and sealants, coatings, and biocides.

Based on these new ministerial conditions, importing or manufacturing of mentioned substance for use in leave-on cosmetics where the chemical is present at a concentration greater than 0.6% by weight is forbidden. This restriction applies to the company which requested this substance to be added to the domestic substance list (DSL).

Furthermore, based on the announced condition the contaminants would be also limited, which would only allow importers or manufacturers to import the substance in the two scenarios which are mentioned below.

1. The concentration of 1,3-propanediamine, n,n-dimethyl- in the substance should be less than 0.01% by weight

2. The concentration of fatty acid amidopropyl dimethylamine (amidoamine) impurities in the substance should be less than or equal to 1.5% by weight.

For further inquiries in Canada cosmetic compliance, please contact us at compliance@gpcregulatory.com

The Canadian government has announced that four ethers have been cleared from the toxic list under section 64 of the Canadian Environmental Protection Act (CEPA 1999). These four4 substances are used ...

The Canadian government has announced that four ethers have been cleared from the toxic list under section 64 of the Canadian Environmental Protection Act (CEPA 1999). These four4 substances are used in a variety of industries including; oil, aviation, air fresheners, cleaning products, fuels, and automotive. These substances are cleared from the toxic list due to lack of evidence that they could cause any harmful risk to the environment and general public health.  

The four ethers substances are mentioned below.  

• diethyl ether (DEE);  

• diphenyl ether (DPE);  

• dimethyl ether (DME); and  

• dipropylene glycol methyl ether (DPGME).  

Furthermore, the Health Canada and Environment and Climate Change Canada (ECCC) have announced that they won't take any further regulatory action for these four substances. 

On 4 January 2023, Health Canada published the finalized version of an update to the Hazardous Products Regulations (HPR). This update was postponed earlier in 2022 because the Canadian government aim...

On 4 January 2023, Health Canada published the finalized version of an update to the Hazardous Products Regulations (HPR). This update was postponed earlier in 2022 because the Canadian government aimed for this update to be more in line with an update of OSHA’s Hazard Communication Standards (HazCom) underway in the US. This update brought the Canadian Globally Harmonized System (GHS) standard to the seventh revised edition of the UN GHS of classification and labeling of chemicals. It is expected that this update will affect companies that are active in the manufacturing of chemicals, plastics, and rubber industries.

Some of the changes in this update include:

• Updating various definitions, including for skin corrosion and irritation, eye irritation and serious eye damage, respiratory and skin sensitisation and more
• Acquiring a new hazard class list for non-flammable aerosols, including new subcategories for flammable gasses
• Including a test procedure for oxidizing solids
• Adjusting the required information on safety data sheets (SDSs)

It is expected that the new and updated HPR will further improve labeling requirements for products using small containers with a volume capacity of 100 ml or less.  Moreover, based on this update, a new physical hazard class for "chemicals under pressure," incorporated from GHS 8 is added to the HPR. This new physical hazard class is believed to bring new products into the scope of the HPR, causing new expenses for suppliers as they need to prepare new labels and SDSs for certain liquids or solids packaged in pressurized containers beside aerosol dispensers.

Manufacturers are expected to implement the changes for their products before 14 December 2025. These changes include product classifications, SDSs, and labels. Furthermore, the Health Canada has announced that they will be publishing further instructions and guidelines on the transition period on the Workplace Hazardous Materials Information System (WHMIS) website: https://whmis.org/.

The Canadian government has unveiled three options for businesses to comply with the country's VOC (Volatile Organic Compounds) limits for household goods. These regulations, which establish conce...

The Canadian government has unveiled three options for businesses to comply with the country's VOC (Volatile Organic Compounds) limits for household goods. These regulations, which establish concentration limits in around 130 product categories, were adopted in January 2022 and will become effective in 2024 for most products and in 2025 for disinfectants.

However, since some companies might struggle to meet the more stringent limits they can take advantage of alternative compliance paths offered by the government, which include obtaining a temporary permit, a longer-term permit, or participating in a unit trading program.

Temporary permits allow businesses to apply for a two-year permit if they can provide clear and convincing evidence that they cannot meet the VOC limit requirements for technical or economic reasons. The businesses must also present a plan to ensure compliance once the permit expires. This permit can be renewed for another two years, but the request for renewal must be submitted 90 days prior to expiration.

Long-term permits are available for products that exceed VOC concentration limits but result in lower overall VOC emissions than comparable compliant products. Manufacturers are required to disclose the estimated quantities of the product per year and provide evidence that its use results in lower VOC emissions than a compliant product in the same category. These permits are valid for four years and can be renewed 90 days prior to expiry.

Unit trading allows companies to exceed concentration limits for one product by balancing emissions with other products that have lower VOC amounts, or by purchasing compliance units from other companies. The companies must supply information on the products that exceed the limits and a plan to compensate for excess VOCs. Permit holders are mandated to submit an annual report, no later than March 1st, which should include actual quantities in Canada, compliance units used to offset the excess VOCs, and a confirmation of intent to continue manufacturing or importing the product under the permit. If emissions are not balanced for the calendar year, the permit will be revoked.