The measures were published in the Canada Gazette in late June 2026 under the Canadian Environmental Protection Act, 1999 (CEPA). While some provisions are already in force, others are currently under consultation and could introduce additional obligations for manufacturers and importers if adopted.
The publication contains two distinct regulatory mechanisms that companies should not confuse.
The first is a Ministerial Condition, which has immediate legal effect and restricts how a specific substance may be manufactured or imported.
The second consists of proposed Significant New Activity (SNAc) provisions. These do not prohibit the listed substances but would require companies to notify the Canadian authorities before carrying out certain activities that exceed defined concentration or import thresholds.
Understanding which mechanism applies is essential, as the compliance requirements and implementation timelines differ.
Immediate Restrictions on Castor Oil, Monomaleate
Canada has concluded that castor oil, monomaleate (CAS No. 241153-84-4) may pose risks under CEPA, leading to the adoption of a Ministerial Condition that took effect on 10 June 2026.
Under this condition, the substance may only be manufactured or imported for use in a limited range of products, including liquid body washes, shower gels, shampoos, conditioners, liquid hand soaps and toothpaste.
In all permitted applications, the ingredient must not exceed 2.5% by weight.
The requirements also extend beyond formulation limits. Companies transferring the substance must inform recipients of the applicable conditions in writing and retain the relevant documentation for at least five years.
Proposed Notification Requirements
Alongside the immediate restriction, the Canadian government has proposed introducing Significant New Activity notification requirements for four substances frequently used in cosmetics and certain consumer products.
If finalized, companies intending to manufacture or import products exceeding the specified thresholds would need to submit information to the authorities before carrying out the activity.
Triethanolamine (TEA)
For triethanolamine (CAS No. 102-71-6), the proposal would introduce notification requirements in several product categories.
For cosmetics, notification would apply to:
- non-fluoridated toothpaste containing more than 5% TEA;
- non-fluoridated mouthwash containing 1% TEA or more.
The proposal would also cover air fresheners containing more than 4% TEA. In the case of imports, notification would additionally apply only where annual imports exceed 10 kg.
Diethanolamine (DEA)
For diethanolamine (CAS No. 111-42-2), notification would be required for cleaning sprays and all-purpose cleaning liquids containing 3% or more of the substance.
Importers would also be subject to notification when annual imports exceed 10 kg and the concentration threshold is met.
Lauramide DEA (LDE)
The proposal for lauramide DEA (CAS No. 120-40-1) focuses on leave-on cosmetic products.
A notification would be required when the concentration exceeds 2.5% by weight. The same threshold would apply to imported products, provided annual imports are greater than 10 kg.
Cocamide DEA (CDE)
For cocamide DEA (CAS No. 68603-42-9), the proposed thresholds vary according to product type.
Cleaning sprays and all-purpose cleaning liquids would require notification at concentrations of 12.5% or higher.
For cosmetics, the proposed limits are:
- shampoos and liquid body soaps containing more than 21%;
- leave-on cosmetic products containing more than 0.5%.
As with the other substances, imported products would also become subject to notification where annual imports exceed 10 kg.
What This Means for Cosmetic Companies
The new measures are particularly relevant for companies manufacturing or exporting cosmetic products to the Canadian market.
Businesses should first determine whether any formulations contain castor oil, monomaleate, as the Ministerial Condition is already legally applicable. Products containing this ingredient should be assessed to ensure they comply with the permitted uses and concentration limits.
Manufacturers should also review formulations containing DEA-based ingredients, including lauramide DEA and cocamide DEA, to understand whether they could fall within the proposed SNAc thresholds if these provisions are adopted.
Finally, companies should remember that the proposed notification requirements remain under consultation. Until the regulatory process is completed, businesses may wish to monitor developments closely while preparing for potential future obligations.
