The Government of Canada has officially amended the Pest Control Products Regulations (SOR/2024-259) under the Pest Control Products Act. Effective from the date of publication in the Canada Gazette, December 9, 2024, these amendments update the labeling requirements for sodium hypochlorite (CAS No 7681-52-9) and calcium hypochlorite (CAS No 7778-54-3) to strengthen public safety measures.

Key Changes in Labeling Requirements

1. Updated Signal Words:

   • Sodium Hypochlorite: Updated from "Warning - Corrosive" to "Danger - Corrosive to Eyes and Skin".

   • Calcium Hypochlorite: Updated from "Caution - Corrosive" to "Danger - Corrosive to Eyes and Skin".

2. Revised Precautionary Symbols:

   • Sodium Hypochlorite: Symbol shape changes from diamond to octagon.

   • Calcium Hypochlorite: Symbol shape changes from triangle to octagon.

These changes are consistent with the re-evaluation decision (RVD2023-14) to enhance hazard communication and reduce health risks.

Background and Regulatory Context

Health Canada conducted a comprehensive re-evaluation of sodium hypochlorite and calcium hypochlorite in June 2021. The findings emphasized the need for updated labels to reflect the higher level of risk associated with these chemicals. This decision followed 62 reports of incidents involving humans and domestic animals.

The Pest Control Products Act mandates pre-and post-market evaluations to assess environmental and human health risks. The updated regulations ensure consistency between product labels and scientific standards.

Consultation and Stakeholder Feedback

A public consultation was conducted between December 14, 2022 and March 14, 2023. Feedback primarily highlighted the effectiveness of these chemicals in pool and sanitation applications. No changes to the proposed amendments were required based on stakeholder input.

Objectives of the Amendments

• Improve clarity and consistency in hazard communication.

• Align regulations with the results of the re-evaluation.

• Reduce confusion among stakeholders regarding labeling standards.

• Enhance user safety by specifying body parts at risk.

Impact Assessment

• Environmental Impact: No significant environmental impacts identified.

• Economic Impact: No additional costs for stakeholders as label updates were already mandated by the re-evaluation decisions.

• Small Business Impact: No significant impact on Canadian small businesses.

• Gender and Diversity Impact: No disproportionate impact identified.

International Alignment

The amendments bring Canada’s labeling standards closer to those of the United States, the European Union and Australia. While minor differences remain, these differences are not expected to have a significant impact on trade.

Implementation and Compliance

The amendments take effect immediately upon registration. Stakeholders must comply with the updated labeling standards outlined in RVD2023-14.

Conclusion

These regulatory amendments underscore Canada’s commitment to public health and safety. By aligning labels with current scientific standards, they that ensure users are better informed about potential hazards and promote the safe handling and use of sodium hypochlorite and calcium hypochlorite products.

The governments of Canada and the United States use different regulatory frameworks for managing hazardous products in the workplace. Canada’s Hazardous Products Regulations (HPR) under the Hazardous Products Act (HPA) and the U.S. Hazard Communication Standard (HCS) outline specific labeling, classification, and safety data sheet (SDS) requirements. While both systems follow the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), there are notable differences. The following is a detailed comparison of these differences.

1. Supplier Identifier

• Canada: The SDS and label must include the Canadian supplier’s name, address, and telephone number. Exemptions apply for importers who use hazardous products only in their workplaces or who list their own information instead.

• U.S.: The SDS and label must include the contact information of the U.S. manufacturer, importer or responsible party without exceptions.

2. Water-Activated Toxicants

• Canada: Labels and SDSs must include an additional hazard statement for products that release toxic gases upon contact with water.

• U.S.: A supplemental hazard statement is required if the workplace contains substances that release toxic gases under normal or emergency conditions.

3. Toxicological Information in SDSs

• Canada: Requires detailed descriptions of toxicological effects, including symptoms, routes of exposure, and acute toxicity estimates (ATEs). Additional toxicological data may be included if not misleading.

• U.S.: Includes similar requirements, but also requires information on interactive effects and potential carcinogenic classifications by the National Toxicology Program (NTP) or the International Agency for Research on Cancer (IARC).

4. Confidential Business Information (CBI)

• Canada: Allows use of prescribed concentration ranges for trade secrets without requiring the narrowest range possible.

• U.S.: Mandates that the narrowest possible range be disclosed. Combined ranges may be used under specific conditions.

5. Labeling Multi-Container Shipments

• Canada: Labels are required for each container unless exemptions apply for small or outer containers.

• U.S.: Only the innermost container needs labeling; outer containers are exempt.

6. Small Package Labeling

• Canada: Containers ≤100 mL may omit precautionary and hazard statements, and containers ≤3 mL may omit labels if they interfere with use.

• U.S.: Similar exemptions apply, but a statement is required directing users to complete the label information on the outer package.

7. Bulk Shipments

• Canada: Labels are not required, but the same information must be provided on SDSs.

• U.S.: Labels may accompany shipments as electronic documents or appear on  shipping papers or the immediate container.

8. Bilingual Labeling

• Canada: Labels and SDSs must be in both English and French.

• U.S.: Labels and SDSs are only required in English.

9. Explosives and Desensitized Explosives

• Canada: Excludes explosives from the HPR as they fall under the jurisdiction of the Explosives Act.

• U.S.: Includes explosives and desensitized explosives in the HCS framework.

10. Combustible Dusts

• Canada: Labels and SDSs are only required for products in dust form that present a combustible hazard.

• U.S.: Classification and labeling are required for products that may create combustible dust hazards when processed or used.

11. Carcinogen Labeling in Mixtures

• Canada: Mixtures containing carcinogens at ≥0.1% must have both labels and SDSs.

• U.S.: Labels are required only for mixtures containing Category 1 carcinogens ≥0.1% or Category 2 carcinogens ≥1%.

12. Hazards Not Otherwise Classified (HNOC)

• Canada: Requires labeling for Physical Hazards Not Otherwise Classified (PHNOC) and Health Hazards Not Otherwise Classified (HHNOC).

• U.S.: Does not require labeling for HNOCs but allows optional pictograms with the designation "HNOC".

13. Biohazardous Infectious Materials (BIM)

• Canada: Includes a specific BIM hazard class with labeling requirements and an SDS appendix.

• U.S.: Does not regulate BIM under the HCS.

Summary

While Canada’s HPR and the U.S. HCS share common objectives, these key differences reflect different approaches to workplace hazardous material safety. Employers, manufacturers and importers operating in both jurisdictions should ensure compliance with the unique requirements of each regulatory framework.