Canada – Minister of Environment Issues Survey on 188 BPA and its Alternative Substances

Vol. 1279 | 08 Dec 2021

On November 13, 2021, the Canada Minister of Environment under the Canadian Environmental Protection Act, 1999 (the Act) issued notice in the Canada Gazette Part I to collect information on 188 substances, including Bisphenol A (BPA), BPA structural analogues, and BPA alternatives from Canadian manufacturers, importers, and users.

The collected information will be used by Environment and Climate Change Canada, and Health Canada to prioritize decisions, risk assessment actions, and risk management measures under the Chemical Management Plan (CMP).

The notice will apply to companies that, in 2019, has either:

• manufactured more than 10 kg of a substance
• imported more than 10 kg total of a substance, whether the substance was:
  1. alone
  2. at a concentration equal to or above 0.02% by weight (w/w%) in a mixture or in a product
  3. at a concentration equal to or above 0.02% by weight (w/w%) in a reportable manufactured item
• used more than 10 kg of a substance, whether the substance was used alone or at a concentration equal to or above 0.02% by weight (w/w%) in a good, to produce a good.

Exclusions would apply if the substance:

• is alone or in a good that is only in transit through Canada, where ‘in-transit’ refers to the portion of an international transboundary movement of a substance through the territory of a country that is neither the point of origin nor the destination
• is, or is contained in, a hazardous waste or hazardous recyclable material within the meaning of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and was imported pursuant to a permit issued under these Regulations
• is, or is contained in, a pest control product registered under the Pest Control Products Act
• is, or is contained in, a fertilizer or supplement registered under the Fertilizers Act
• is, or is contained in, a feed registered under the Feeds Act
• is mixed with, or attached to, a seed registered under the Seeds Act
• is contained in recycled paper received by paper recycling mills
• is bisphenol A (CAS RN 80-05-7) contained in a medical device
• is manufactured, imported, or used to produce a good by laboratories, academic institutions, research facilities or dental offices*

*Note that this exclusion does not apply to research facilities and laboratories involved in development activities for industrial and commercial stakeholders

Deadline for responding to this notice is March 16, 2022. The responses must be completed using the online reporting system available through Environment and Climate Change Canada’s Single Window at: https://ec.ss.ec.gc.ca/

More information about the notice and the guidance can be obtained from the following links:

Notice:https://canadagazette.gc.ca/rp-pr/p1/2021/2021-11-13/html/notice-avis-eng.html#na2

Guidance:https://www.canada.ca/en/environment-climate-change/services/evaluating-existing-substances/bisphenol-a-structural-analogues-functional-alternatives-guidance-manual.html#toc5

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com, +1 847 871 1047), or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com , +1 847 212 8273).