The Canadian government plans to declare non-biodegradable microbeads as "toxic substances" under the Canadian Environmental Protection Act and has instituted amandatory survey to be completed by companies who import, export or use microbeads in personal care or consumer products in Canada.

This survey is due no later than 5 pm ET on October 15, 2015.

Microbeads are synthetic polymer particles that can be larger than 0.1 µm and smaller than or equal to 5 mm in size and are solid at room temperature with the intent to be used in various cosmetic and personal care products. The Canadian government said the reason for this survey is to gather information on the production and use of microbeads within Canada to be able to support planned actions on banning microbeads that are non-biodegradable.

The survey covers microbeads intended to be applied to the human body for the purpose of exfoliating or cleansing in such a way that they may release to water. 

A company is qualified to fill out the mandatory survey if:

• In 2014, the company imported a total quantity greater than 10 kg of microbeads in a mixture or personal care products intended to be applied to the human body and that may be released to water.

• In 2014, the company exported a total quantity greater than 10 kg of microbeads in a mixture or personal care products intended to be applied to the human body and that may be released to water.

• In 2014, the company used a total quantity greater than 10 kg of microbeads in a mixture or personal care products intended to be applied to the human body and that may be released to water.

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