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Microbeads

Consultation Document for Proposed Regulations for Microbeads in Personal Care Products Used to Exfoliate or Cleanse

On February 9, 2016 Environment and Climate Change Canada published a Consultation Document on Proposed Regulations for Microbeads in Personal Care Products Used to Exfoliate or Cleanse for a 30-day public comment period.

Adding Substances to Schedule 1

Microbeads have been included in a final Order to add to Schedule 1.

Microbeads is listed on Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) as plastic microbeads that are ≤ 5 mm in size. The Schedule 1 listing name was modified to align with the Government of Canada’s intentions to control plastic microbeads in personal care products.

Microbeads Science Summary

In July 2015, the Science Summary for microbeads was posted on Environment Canada's website. The related Notice was published in August 2015 in the Canada Gazette, Part I: Vol. 149, No. 31 - August 1, 2015 (PDF version 520 K)

The report recommends that microbeads be considered to meet one or more of the criteria set out in section 64 of CEPA 1999. On this basis, the Department of the Environment published a Notice of Intent indicating that it is initiating the development of proposed regulations under CEPA 1999 to prohibit the manufacture, import, sale and offer for sale of microbead-containing personal care products that are used to exfoliate or cleanse.

Mandatory Survey - Section 71 Notice

In August 2015, a Notice was issued in the Canada Gazette, Part I: Vol. 149, No. 31 - August 1, 2015 (PDF version 520 K) under section 71 of CEPA 1999. The Notice applies to microbead-containing personal care products that are used for exfoliating or cleansing the body.

The purpose of the section 71 Notice is to obtain information on the import, export and use activities of microbeads for the 2014 calendar year. This data is essential for risk management and will ensure decisions made are based on the most relevant and up-to-date information available.

Every person to whom the Notice applies is required to comply no later than 5 p.m. EDT, October 15, 2015.

For guidance to help determine if you are subject to the Notice and for assistance with completing the various sections of the Notice, refer to theGuidance document for completing the CEPA section 71 Notice with respect to microbeads in certain personal care applications.

Please note that under subsection 71(4) of CEPA 1999, extensions may be granted in some cases upon written request. However, in the case of this Notice, extensions will only be granted in exceptional circumstances and for a short period of time. To apply for an extension, a written request must be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator, prior to the deadline.

Persons who do not meet the reporting requirements of the Notice, but who have an interest in microbeads are encouraged to identify themselves as a stakeholder by submitting a voluntary Declaration of Stakeholder Interest online via Environment Canada's Single Window. The Declaration of Stakeholder Interest also allows persons to submit voluntary information on microbeads that would be beneficial to inform risk management. The person may be contacted for further information regarding their interest in microbeads.

Persons who do not meet the requirements to respond to this Notice and have no commercial interest in microbeads may complete a Declaration of Non-Engagement online via Environment Canada's Single Window.

How to Submit a Response

Responses to the section 71 Notice, the Declaration of Stakeholder Interest and the Declaration of Non-Engagement must be submitted via Environment Canada's Single Window.

Environment Canada's Single Window provides a single point of access to view and update your information with Environment Canada's regulatory program reporting applications. The Single Window Information Manager allows users to enter, edit or update information about their profile, organizations, facilities and contacts, to manage roles for other users, and to navigate to program-specific reporting tools.

Guidance on how to submit your information via Environment Canada's Single Window is available in the Chemicals Management Plan (CMP) Online Reporting How-To Guide.

For general inquiries, please contact us and use the subject line "Microbeads Inquiry".

Background

Microbeads are defined as plastic microbeads that are ≤ 5 mm in size and are used in many products, including personal care products such as soaps, facial cleansers and toothpaste.

Because of potential environmental concerns, the Government of Canada has prioritized the review of microbeads. As a result, a report has been produced which summarizes the state of the science and describes the potential impacts of microbeads on the environment, and a section 71 notice under CEPA 1999 has been published.

Timelines
Date Activity
June 29, 2016 Publication in the Canada Gazette of the final Order adding plastic microbeads to Schedule 1, under CEPA 1999.
February 9, 2016 Publication of a Consultation Document on the Proposed Regulations for Microbeads in Personal Care Products Used to Exfoliate or Cleanse and start of a 30-day public comment period ending on March 10, 2016.
August 1, 2015 Publication in the Canada Gazette of the proposed Order adding microbeads to Schedule 1, under CEPA 1999, and start of a 60-day public comment period.
August 1, 2015 Publication of a synopsis of the science summary report in the Canada Gazette, Part I.
August 1, 2015 Publication in the Canada Gazette of the Notice with respect to microbeads in certain personal care applications, under section 71 of CEPA 1999, and start of a 75 day response period. Every person to whom the Notice applies is required to comply no later than October 15, 2015.