Canada Regulatory News

In a recent update, the Government of Canada has informed WTO Members about a delay in the release of the final "Prohibition of Certain Toxic Substances Regulations, 2022." Originally slated for publi...

In a recent update, the Government of Canada has informed WTO Members about a delay in the release of the final "Prohibition of Certain Toxic Substances Regulations, 2022." Originally slated for publication in 2023, these regulations are now expected to be made available no earlier than the summer of 2024. 

Background 

On May 14, 2022, the Government of Canada introduced the "Prohibition of Certain Toxic Substances Regulations, 2022" (proposed Regulations). This announcement was made via the Canada Gazette, Part I, initiating a 75-day public comment period that ended on July 28, 2022. 

Key Changes 

These proposed regulations were designed to replace the existing "Prohibition of Certain Toxic Substances Regulations, 2012" (current Regulations) on the day when the final Regulations would come into effect. The primary goal of the proposed Regulations was to impose stricter controls on specific categories of per- and polyfluoroalkyl substances (PFASs), as well as two types of flame retardants and related products already under regulation. Additionally, two additional flame retardants and their products were slated for inclusion under these regulations. 

Ongoing Review 

During the public comment period, a significant number of complex and technical comments were received. Authorities are diligently assessing these comments and taking them into consideration in the development of the final Regulations. 

This delay in the publication of the final Regulations underscores the Government of Canada's commitment to ensuring a comprehensive and well-considered approach to the regulation of toxic substances. Stay tuned for updates on this crucial matter. 

On August 3, 2023, Health Canada issued a consumer product recall notice for four cosmetic goods manufactured by the US-based company Yes To due to the presence of plastic microbeads. Microbeads are l...

On August 3, 2023, Health Canada issued a consumer product recall notice for four cosmetic goods manufactured by the US-based company Yes To due to the presence of plastic microbeads. Microbeads are listed as toxic substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA).

Yes To, a global pioneer in natural skincare products since 2006, is now devoted to sustainability. The company sells fruit and vegetable-based goods manufactured from natural ingredients such as tomatoes, grapefruit, cucumber, watermelon, avocado, and tea tree. 90% of the products are vegan.

The following four products of the Yes To brand are listed in the recall notice. 35,964 units of the products were sold in Canada between July 2018 and December 2022:

• Grapefruit Daily Facial Scrub

• Tomatoes Charcoal Detoxifying Daily Cleanser

• Tomatoes Detoxifying Charcoal Deep Cleansing Scrub

• Tomatoes detoxifying charcoal deep cleansing scrub CA

Since 2018, the Microbeads in Toiletries Regulation implemented by the Canadian Government bans the manufacturing, importation, and sale of exfoliating or cleansing toiletries using plastic microbeads, as well as non-prescription medications and natural health products. The manufacturing, import, and sale of personal care goods containing plastic microbeads of 5mm (about 0.2 in) or less in size is prohibited. The purpose of the ban is to prevent microplastic particles from contaminating waterways. Health Canada has asked users to cease using the goods immediately and return them to the retailer where they were purchased for proper disposal.  

On 13 July 2023, Health Canada opened a consultation on proposed updates to the Cosmetic Ingredients Hotlist concerning prohibited and restricted ingredients. The consultation is open for new inputs u...

On 13 July 2023, Health Canada opened a consultation on proposed updates to the Cosmetic Ingredients Hotlist concerning prohibited and restricted ingredients. The consultation is open for new inputs until 11 October 2023. 

Health Canada's Cosmetic Ingredient Hotlist serves as a valuable resource for manufacturers and other stakeholders, offering information on specific substances that may contravene the general prohibition outlined in section 16 of the Food and Drugs Act (FDA) or provisions of the Cosmetic Regulations when present in cosmetic products. Additionally, the Hotlist may identify substances that, when present or used under certain conditions, render the product unsuitable for classification as a cosmetic under the FDA. 

To ensure the safety and compliance of cosmetic products, Health Canada periodically updates the Hotlist, with the most recent revision dating back to August 2022. This list plays a crucial role in informing manufacturers and distributors about the restricted or prohibited status of certain substances under Canada's Food and Drug Act (FDA) and Cosmetic Regulations (CR). 

The proposed update includes specific concentration limits for several substances, as follows: 

1. Benzophenone: Health Canada proposes to add benzophenone (CAS 119-61-9) to the list of restricted substances. Some cosmetic uses of benzophenone have been associated with adverse maternal effects, such as decreased body weight. 

2. p-Chloro-m-cresol: Health Canada proposes to include p-Chloro-m-cresol (CAS 59-50-7) in the list of restricted substances due to potential effects on the adrenal organs from certain cosmetic applications. 

3. Retinal: The proposed maximum concentration for Retinal in leave-in products is 0.01% and 0.05% for use in other products. 

4. Solvent Violet 13: Health Canada suggests adding Solvent Violet 13 (CAS 81-48-1) to the list of restricted substances due to potential health concerns associated with specific cosmetic applications. 

5. Basic Green 4: Health Canada aims to prohibit Basic Green 4 (also known as Malachite Green, CAS 569-64-2) due to potential developmental effects. 

6. Thioglycolic acid esters: Health Canada is considering the addition of Thioglycolic acid esters to the list of prohibited substances due to an increased risk of skin sensitization. 

Furthermore, Health Canada proposes changes to existing substance entries, including: 

1. Mixed cresols and derivatives: The entry will be revised to create separate Hotlist entries for different cresols due to their different risk profiles. 

2. Dialkanolamines, secondary: The entry will be revised to include "secondary alkyl- and alkanolamines and their salts" due to their similar potential to act as precursors of carcinogenic nitrosamines. 

3. Alpha-hydroxy acids: Clarifications will be made to include polyhydroxy acids (PHAs) and bionic acids with alpha hydroxyl groups under the definition of alpha-hydroxy acids. Product-specific directions for safe use will also be added. 

4. Aluminum chlorohydrate and its associated complexes: The entry will be revised to indicate that these substances are not permitted in aerosol products, as inhaling small particles from aerosols may affect the lungs. 

5. Peroxide and peroxide-generating compounds: The entry will be revised to introduce a maximum permitted concentration for hair products to mitigate the risk of skin irritation. Additionally, specific conditions for eyelash and eyebrow products will be outlined to address the risk of eye irritation. Furthermore, these ingredients will not be permitted for use in products intended for application to the genital area due to the risk of irritation. 

6. Benzoyl peroxide: The entry will be revised to specify that the ingredient may only be used in nail products for professional use. 

7. Hydroquinone: The entry will be revised to include products for consumer use within the permitted nail product categories. Health Canada also proposes an increase in the maximum permitted concentration for these products and the introduction of a combined limit when both p-Hydroxyanisole and Hydroquinone are used in a nail product. 

8. p-Hydroxyanisole: The entry will be revised to introduce a combined limit when both p-Hydroxyanisole and hydroquinone are used in a nail product. 

9. Retinol and its esters: The entry will be revised to reduce the permitted concentration for certain products, such as body lotions, to prevent exposure levels that exceed the tolerable upper intake levels of vitamin A recommended by Health Canada. 

10. Talc: The entry will be revised to minimize exposure to talc from cosmetics that may be inhaled or result in genital exposure for individuals with intact ovary/ovaries. 

Health Canada invites stakeholders to submit comments on these proposed changes during a 90-day consultation period. All comments received will be carefully considered, and Health Canada will respond before publishing the revised Hotlist. Stakeholders are encouraged to submit their comments by 11 October. 

On June 24, 2023, Environment and Climate Change Canada (ECCC) published a mandatory data call-in for over 850 substances utilized in various products such as cosmetics, paints, and building materials...

On June 24, 2023, Environment and Climate Change Canada (ECCC) published a mandatory data call-in for over 850 substances utilized in various products such as cosmetics, paints, and building materials. The purpose of this data collection is to gather crucial information regarding the commercial status and applications of these substances across Canada. The collected data will play a significant role in future risk assessments, risk management, and other actions within the framework of the Chemicals Management Plan (CMP), as stated in the notice published by the ECCC on June 24.

Companies are required to submit their responses by January 17, 2024. This notice marks the first extensive survey of chemicals conducted under section 71 of the Canadian Environmental Protection Act (CEPA) since the recent reforms to the country's environmental legislation. Another section 71 survey focusing on PFASs is anticipated to be conducted later this year.

The listed substances have been categorized into four parts, each subject to specific reporting requirements:

1. Part consists of nearly 500 substances. The reporting requirements apply to manufacturing, imports, and uses exceeding 100 kg of any substance.

2. Part 2 encompasses approximately 130 substances and reporting is mandatory for quantities equal to or exceeding 1,000 kg.

3. Part 3 comprises 20 substances associated with specific applications. Reporting is necessary for imports or uses above 100 kg.

4. Part 4 covers more than 200 substances. Reporting is required if the substances were manufactured, imported, or used in quantities of 100 kg or more, along with an additional use activity.

Substances falling under parts 1, 2, and 4 necessitate reporting as individual chemicals or if they are present in a mixture or product at a concentration equal to or exceeding 0.1% by weight. Moreover, reporting is mandatory for substances in parts 1, 2, and 4 if they exceed the 0.1% by weight concentration in any manufactured item intended for specific purposes, such as use by children under 14, contact with mucosa (excluding the eyes), inhalation or dermal contact, cookware or utensils for heated food or beverages, food packaging material, reusable food or beverage containers, clothing or footwear, bedding, sleeping bags or towels, furniture, mattresses, cushions or pillows for residential use, residential carpet, vinyl or laminate flooring, or foam under the flooring.

Part 3 substances require reporting when imported or used in volumes above 100 kg either on their own or in mixtures, products, or articles intended for specified applications. These applications include adhesives, paints and paint thinners, automobile care products, furniture, and food packaging.

The information required for the CEPA section 71 survey includes the total quantity in kilograms of the substance(s) manufactured, imported, or used during the calendar year 2022, as well as the functions, uses, and manufacturing facilities associated with the listed substances.

It is important to note that the reporting mandate does not apply to listed substances if they are solely in transit through Canada or if they are contained within products regulated by specific other statutes, such as the Pest Control Products Act or the Fertilizers Act.

Furthermore, the notice includes exceptions for tetrachloroethylene (also known as perchloroethylene or Perc) and trichloroethylene (TCE) when their use would be subject to reporting under other laws, such as for solvent degreasing and dry cleaning.

To find out more about the substance list please click here: https://www.gpcgateway.com/common/downloadable/MQ--/Q2FuYWRh

On the 27 June 2023, the Government of Canada has announced that it will prohibit the testing of cosmetic products on animals before the end of year 2023.  Bill C-47, Budget Implementation Act, 20...

On the 27 June 2023, the Government of Canada has announced that it will prohibit the testing of cosmetic products on animals before the end of year 2023. 

Bill C-47, Budget Implementation Act, 2023, No. 1, has brought about significant changes to the Food and Drugs Act (FDA), specifically targeting cosmetic animal testing. Under these new legislative amendments, companies in Canada are now prohibited from testing cosmetic products on animals or selling cosmetics that rely on animal testing data for safety assessments. 

The global trend towards ethical cosmetic testing has seen a remarkable reduction in the practice of animal testing, which was already infrequently conducted in Canada. By adopting these changes, Canada is aligning itself with other countries that have taken proactive measures to ban cosmetic animal testing, including all European Union member states, Australia, the United Kingdom, and South Korea. 

Moreover, Health Canada is actively collaborating with the international scientific and regulatory community to explore, validate, and implement alternative methods to animal testing, extending beyond the realm of cosmetics. The agency demonstrates its commitment to this cause by providing ongoing leadership and contributing to the efforts of various committees and organizations, such as the Organization for Economic Co-operation and Development (OECD) and the International Cooperation on Alternative Test Methods (ICATM). 

Starting from 22 December 2023, cosmetic product tests that inflict pain on animals or pose a risk to their well-being will be banned. Additionally, the new law will prohibit the sale of any cosmetic product that relies on animal testing data for safety evaluations and will prevent false labeling claims suggesting a product was not tested on animals. The updated legislation introduces several exceptions to the prohibition on animal testing, which include: 

1. Data published by the Canadian government in a scientific journal or on its website. 

2. Data that is publicly available and originates from a test not conducted by manufacturers. 

3. Data obtained from testing required under the laws of Canada or another country for a substance used or previously used in a non-cosmetic product. 

4. Data derived from a test conducted before the effective date of the ban. 

5. Cosmetics that were sold in Canada prior to the effective date of the ban. 

On June 17, 2023, the Canadian government put forward proposals to amend the regulations governing formaldehyde emissions from composite wood products. The aim of these proposed amendments is to provi...

On June 17, 2023, the Canadian government put forward proposals to amend the regulations governing formaldehyde emissions from composite wood products. The aim of these proposed amendments is to provide clarity on the requirements for quality control testing and record-keeping. The existing requirements, which came into effect in January 2023, were designed to closely align with the regulations set out by the United States under the Toxic Substances Control Act (TSCA). Interested parties are invited to submit their comments on the proposed amendments by August 31. 

The Formaldehyde Emissions from Composite Wood Products Regulations, which were officially published in the Canada Gazette, Part II, on July 7, 2021, have been in force since January 7, 2023. The primary objective of the Regulations is to mitigate potential health risks associated with indoor formaldehyde exposure for Canadians. The regulations establish specific limits on acceptable formaldehyde emissions from composite wood products. When present in indoor air, formaldehyde can cause irritation of the eyes, nose, and throat. Moreover, evidence suggests that it may worsen asthma symptoms, particularly among children. 

To achieve the desired outcomes, the Regulations prohibit the importation, sale, or offering for sale of composite wood products that exceed the established limits for formaldehyde emissions. These measures aim to align with the provisions outlined in the Toxic Substances Control Act (TSCA) Title VI to the maximum extent possible. This alignment fosters regulatory harmonization and creates a level playing field internationally. 

The proposed amendments include the following: 

1. Removal of the accreditation requirement for laboratories conducting routine quality control formaldehyde emissions testing. 

2. Clarification of record-keeping obligations along the supply chain of composite wood products, with a focus on finished goods. This entails requiring a single manufacturer's declaration confirming the incorporation of certified panels into finished goods. 

3. Adjustment of the notification period for non-compliant lots, extending it from two days to 72 hours. 

4. Alignment with the requirements outlined in the February update to the TSCA formaldehyde emissions regulations in the United States. 

On June 17, 2023, Health Canada published its proposed Tents Regulations in the Canada Gazette which includes amendments to the Toys Regulations and the Textile Flammability Regulations. The governmen...

On June 17, 2023, Health Canada published its proposed Tents Regulations in the Canada Gazette which includes amendments to the Toys Regulations and the Textile Flammability Regulations. The government is seeking stakeholder comments on these proposals until August 26. 

The purpose of the Tents Regulations is to ensure the safety of individuals in Canada by addressing the risk of injuries and fatalities caused by tent fires. These regulations establish specific requirements for fire-safety labeling and flammability performance of tents. Initially, the regulations incorporated sections of an industry standard that focused on the flammability concerns related to the commonly used tent material at the time of enactment, specifically paraffin-coated cotton canvas. However, these performance requirements are no longer suitable for addressing the flammability hazards associated with the materials currently available in the market. As a result, the existing requirements may hinder the use of tent materials that are actually safe from a risk perspective, leading manufacturers to apply flame-retardant chemicals to comply with the regulations. 

Health Canada is proposing to replace the current flammability and fire-safety labeling requirements in the Tents Regulations with contemporary standards developed by the Canadian General Standards Board (CGSB). The proposed standard, entitled CAN/CGSB-182.1-2020 Flammability and Labelling Requirements for Tents, would provide updated guidelines that align with modern tent materials. Furthermore, Health Canada is suggesting the inclusion of flammability performance and fire-safety labeling requirements for children's play tents in the Toys Regulations. This would allow for separate regulation of play tents not intended for outdoor use, thereby excluding them from the Tents Regulations. Additionally, amendments to the Textile Flammability Regulations are proposed to exclude products covered by the Toys Regulations, streamlining the regulatory framework. 

This regulatory proposal aims to address various issues associated with the current requirements in the Tents Regulations under the Canada Consumer Product Safety Act (CCPSA). These issues include outdated references and methodologies for assessing the flammability performance of modern tent materials, which may lead to a reliance on flame- retardant chemicals for compliance. It is worth noting that the proposed changes do not include a prohibition on flame retardants in conventional tents and certain children's play tents, as previously considered in the 2019 proposal. 

If finalized, the new requirements would take effect immediately upon publication in the Gazette. Sellers would have one year to comply, while manufacturers and importers would have 180 days to ensure compliance.