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.

On November 9, 2024, the Government of Canada announced a proposed amendment to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999 (CEPA) to apply Significant New Activity (SNAc) provisions to four substances: Basic Violet 3, Malachite Green, Basic Violet 4, and Basic Blue 7. This amendment aims to address environmental and human health concerns associated with these substances.

Key Details of the Proposed Order

1. Targeted Substances:

   • Basic Violet 3 (CAS RN 548-62-9)

   • Malachite Green (CAS RN 569-64-2)

   • Basic Violet 4 (CAS RN 2390-59-2)

   • Basic Blue 7 (CAS RN 2390-60-5)

2. Purpose:
   The proposed amendment requires that any significant new activity (such as manufacturing or import) involving these substances be reported to the Minister of the Environment. This will ensure that their potential risks are evaluated in accordance with CEPA guidelines before activities proceed.

3. Scope of Notification:

   • Manufacturing: Notification is required if a consumer product contains any of the substances in a concentration greater than 0.1% by weight, except for specific exemptions.

   • Importation: Notification is required if a consumer product contains the substances above 0.1% by weight and exceeds an annual import threshold of 10 kg.

4. Exemptions:
   The proposed order does not apply to:

   • Components in commercial printing inks or dyes in paper products.

   • Research and development substances or site-limited intermediate substances.

   • Substances intended for export only.

Reasons for the Amendment

The targeted substances were identified in the Final Screening Assessment (published in October 2020) as posing potential risks to the environment and human health:

• Environmental Impact: All four substances were found to be harmful to ecosystems or biodiversity.

• Human Health Concerns: Malachite Green also poses a risk to human health, particularly through exposure in consumer products.

This initiative aligns with Canada’s commitment to protect public health and the environment by ensuring a robust risk management framework.

Public Consultation Period

The Government is seeking public feedback on the proposed amendment. Comments will be accepted until 60 days after the notice’s publication in the Canada Gazette, Part I, dated November 9, 2024 (until January 8, 2025).

Compliance and Enforcement

Organizations with significant activities involving these substances must comply with the notification requirements outlined in CEPA. Non-compliance may result in enforcement action under the CEPA Compliance and Enforcement Policy.

Next Steps

Upon reviewing the public comments, the finalized order will be published in the Canada Gazette, Part II, along with details on its implementation. The information provided in the Significant New Activity Notification (SNAN) will be subject to a comprehensive assessment to determine any potential risks associated with new activities involving these substances.