The regulations ban making, importing, and selling toiletries that contain microbeads, with limited timing-based exceptions and a transit exemption.
Microbeads in Toiletries Regulations Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on November 5, 2016, a copy of the proposed Microbeads in Toiletries Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2004, c. 15, s. 31 S.C. 1999, c. 33 Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act; S.C. 2015, c. 3, par. 172(d) And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999b, makes the annexed Microbeads in Toiletries Regulations. Definitions The following definitions apply in these Regulations. microbeads means the plastic microbeads set out in item 133 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999. (microbilles) toiletries means any personal hair, skin, teeth or mouth care products for cleansing or hygiene, including exfoliants. (produit de toilette) Non-application These Regulations do not apply to a prescription drug within the meaning of section A.01.010 of the Food and Drug Regulations. Manufacture and importation A person must not manufacture or import any toiletries that contain microbeads, unless the toiletries are also natural health products or non-prescription drugs, in which case the prohibition applies on or after July 1, 2018. Sale A person must not sell any toiletries that contain microbeads on or after July 1, 2018, unless the toiletries are also natural health products or non-prescription drugs, in which case the prohibition applies on or after July 1, 2019. Exemption — toiletries in transit No person contravenes subsection 3(1) if the toiletries are in transit through Canada, from a place outside Canada to another place outside Canada. Accredited laboratory Any analysis performed to determine the presence of microbeads for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis: it is accredited under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or under the Environment Quality Act, CQLR, c. Q-2; and subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the presence of microbeads. Standards of good practice If no method has been recognized by a standards development organization in respect of the analysis performed to determine the presence of microbeads and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed. [Amendment] January 1, 2018 These Regulations come into force on January 1, 2018, but if they are registered after that day, they come into force on the day on which they are registered.