Canada Regulatory News

In a move to enhance public safety, Health Canada has recently released information on six Hazardous Substance Assessments (HSAs). These assessments, fundamental for suppliers of hazardous products un...

In a move to enhance public safety, Health Canada has recently released information on six Hazardous Substance Assessments (HSAs). These assessments, fundamental for suppliers of hazardous products under the Hazardous Products Act (HPA) and its regulations, serve as indispensable educational tools. The Health Canadahas meticulously compiled comprehensive reports on the following substances: 

1. 4,4'-Methylenediphenyl Diisocyanate 

2. Diethylene Glycol 

3. d-Limonene 

4. EDTA Tetrasodium Salt 

5. Morpholine 

6. Toluene 

These technical documents provide critical insight into the safe handling and use of these substances to ensure compliance with regulatory standards. Health Canada's commitment to public well-being is demonstrated through the release of these detailed assessments, which provide valuable information to both manufacturers and consumers alike. 

Health Canada has extended the comment period for stakeholders to provide feedback on the proposed disclosure requirements for hazardous substances found in household chemical products such as cleaner...

Health Canada has extended the comment period for stakeholders to provide feedback on the proposed disclosure requirements for hazardous substances found in household chemical products such as cleaners and lubricants. This pre-consultation is open for public comment until October 20, 2023.This initiative is part of Health Canada's ongoing efforts to improve consumer safety by introducing new requirements for chemical products under the Canadian Consumer Product Safety Act (CCPSA). 

The primary aim of this proposal is to protect the well-being of Canadians by implementing a comprehensive hazard classification and information disclosure framework for Hazardous Household and Health-Related Chemicals (HHHOCs). In conjunction with this, additional protective measures, such as prohibitions, restrictions, and child-resistant container requirements, will be considered. This approach will ensure that consumers are well informed about the presence of HHHOCs in household chemical products and are provided with essential precautionary information, including safe use instructions and first aid guidelines on the associated risks. 

Background  

A wide range of consumer chemical products, including household cleaning products, adhesives, and lubricants, are readily available to the Canadian public. The Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001) under the CCPSA play a crucial role in protecting Canadians from acute human health and physical hazards associated with consumer chemical products. These regulations accomplish this through various means, such as prohibiting dangerous consumer chemical products, imposing restrictions, requiring information disclosure, and specifying container standards. The specific requirements for consumer chemical products are determined through scientific assessments of the hazards associated with the substances contained in the products, evaluated against the classification criteria established in the regulations. 

As of now, the CCCR, 2001 address acute human health and physical hazards, which include: 

1. Acute toxicity, which includes lethal or serious, non-lethal effects. 

2. Corrosivity, which covers chemical burns and eye damage. 

3. Flammability, which covers chemicals that can catch fire. 

4. Pressurized containers, which can explode if heated or punctured. 

5. Quick skin-bonding adhesives, adhesives that bond skin rapidly. 

However, there is a need to reduce the risks associated with Hazardous Household and Health-Related Chemicals (HHHOCs), which can cause adverse health effects from long-term or intermediate exposure. The current CCCR, 2001, lacks requirements to address the following HHHOCs: 

1. Carcinogenicity, associated with the induction of cancer. 

2. Germ cell mutagenicity, which involves heritable gene mutations. 

3. Reproductive toxicity, which includes adverse effects on sexual function, fertility, or developmental toxicity in the offspring. 

4. Specific target organ toxicity, resulting in adverse effects in target organs after single or repeated exposure. 

5. Respiratory or skin sensitization, resulting in allergic reactions or hypersensitivity. 

Requirements for consumer chemical products 

The proposed requirements for consumer chemical products under the CCPSA include: 

1. Classification criteria for HHHOCs, in line with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). 

2. Information disclosure requirements for HHHOCs, based on the GHS labelling elements, including hazard symbols, signal words (e.g., "Danger" or "Warning"), hazard statements (e.g., "May cause cancer"), precautionary statements (e.g., instructions for safe use and first aid), and ingredient disclosure requirements. 

3. Additional protective measures, such as prohibitions, restrictions, or child-resistant container requirements, as deemed necessary. 

It is important to note that the existing requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001), including classification criteria, prohibitions, information disclosure requirements, and container specifications, will remain in force under this proposed regulation. 

Deadline 

To implement these proposed requirements, Health Canada is exploring various regulatory options, such as amending the CCCR, 2001, or introducing a new regulation under the CCPSA. This pre-consultation period is open for public comment until October 20, 2023. 

On 14 September 2023, Health Canada's Pest Management Regulatory Agency (PMRA) submitted a proposal under the Pest Control Products Act to review an application to expand the permissible use of the fu...

On 14 September 2023, Health Canada's Pest Management Regulatory Agency (PMRA) submitted a proposal under the Pest Control Products Act to review an application to expand the permissible use of the fungicide A20259. This fungicide, which contains technical grade difenoconazole and pydiflumetofen, is currently registered under the Pest Control Products Act with Registration Number 33020. The proposed extension is to include the use of this fungicide on leaves of root and tuber vegetables, specifically within Crop Group 2. 

Objective of the proposal 

The primary objective of this proposed extension is to improve the efficacy of the product to control alternaria leaf blight (Alternaria spp.) and powdery mildew (Erysiphe spp.) in root and tuber vegtables. Additionally, it aims to suppress of white mould (Sclerotinia sclerotiorum) in these crops. Health Canada, through the PMRA, has thoroughly evaluated the safety and efficacy of this proposed use, leading to the current proposal. 

The specific details regarding the authorized use of this fungicide in Canada can be found on its product label, bearing the Pest Control Products Act Registration Number 33020. This label serves as a comprehensive guide for users, outlining the approved methods and conditions of use. 

Public comment period 

In line with transparency and public engagement, Health Canada is inviting the public to submit written comments on the proposed Maximum Residue Limit (MRL) for difenoconazole. Interested parties are encouraged to provide their input and insights within a 75-day window from the date of publication of the announcement. 

This collaborative approach allows Health Canada to consider a wide range of perspectives and ensure the safety and effectiveness of the proposed changes.  

Notification to the WTO 

To comply with Canada's international trade obligations, the consultation on the proposed MRL is also being conducted internationally. The World Trade Organization (WTO) was notified of the proposal on 19 September 2023. 

On the 16 September 2023, the Canadian government announced its intentions to make significant amendments to the Domestic Substances List (DSL), affecting 145 polymers by introducing new chemical noti...

On the 16 September 2023, the Canadian government announced its intentions to make significant amendments to the Domestic Substances List (DSL), affecting 145 polymers by introducing new chemical notification requirements. The DSL, which serves as a comprehensive registry of substances manufactured or imported on a commercial scale in Canada, is a critical reference point for regulatory compliance in the country. The proposed changes are aligned with the Canadian Environmental Protection Act (CEPA) and are designed to enhance the monitoring of substances entering the Canadian market, reinforcing measures to protect human health and the environment. 

New Substances Notification Regulations (Chemicals and Polymers) 

Under the CEPA framework, the import or manufacture of new substances in Canada, above specified thresholds, requires a comprehensive assessment of their potential effects on both human health and the environment. The guidelines for notification of such new chemicals and polymers are detailed in the New Substances Notification Regulations (Chemicals and Polymers), hereafter referred to as "the Regulations"

It is important to note that  substances already on the DSL are generally exempt from the notification requirements specified in the Regulations. However, a significant distinction arises when a substance identifier on the DSL is accompanied by a regulatory flag, represented by the letters "S," "S prime," or "P". In these cases, the substance is subject to notification requirements under particular circumstances. 

The “P” identifier and Reduced Regulatory Requirements 

The letter "P" appended to a substance identifier signifies that the substance in question has been assessed and found to meet the Reduced Regulatory Requirement (RRR) polymer criteria under the Regulations. Substances that meet these criteria are considered to be of lower concern, resulting in reduced regulatory information requirements compared to non-RRR polymers. It is important to note that if a substance is synthesized differently, it may either meet or not meet the RRR polymer criteria. 

The inclusion of the "P" identifier serves the purpose of notifying parties intending to manufacture or import the polymer in a form that does meet the RRR polymer criteria and exceeds prescribed thresholds. Such parties are required to submit the necessary information as specified in the Regulations. Detailed guidance on determining the applicable notification schedule can be found in section 4.7 of the Guidance document for the New Substances Notification Regulations (Chemicals and Polymers). 

Public comment period 

A 120-day window from the date of publication of this notice has been established to allow any concerned individual or organization to provide comments. Those who object to the inclusion of the "P" identifier for specific polymers should explicitly identify the relevant identifier(s) in their comments. 

Canada’s commitment to regulatory measures 

This proposed amendment to the DSL underscores Canada's commitment to strong regulatory measures for the evaluation and control of substances entering its borders, to ensure a safer and healthier environment for its citizens. 

The Government of Canada, led by the Honourable Jean-Yves Duclos, Minister of Health, the Honourable Steven Guilbeault, Minister of Environment and Climate Change Canada (ECCC), and the Honourable Mar...

The Government of Canada, led by the Honourable Jean-Yves Duclos, Minister of Health, the Honourable Steven Guilbeault, Minister of Environment and Climate Change Canada (ECCC), and the Honourable Marie-Claude Bibeau, Minister of Agriculture and Agri-Food Canada (AAFC), has unveiled significant initiatives to promote responsible pesticide management across the country while supporting farmers in providing safe and nutritious food. These measures are in line with Canada's commitment to the 2022 Kunming-Montreal Global Biodiversity Framework, which aims to reduce the overall risk from pesticides by at least half by 2030. 

1. Amendments to the Pest Control Products Regulations (PCPR): 

- Health Canada is launching consultations on proposed amendments to the PCPR, following consultations on the Pest Control Products Act in 2022. 

- The amendments aim to evaluate acceptable increases in pesticide residue limits in line with international guidelines. 

- Ensuring the health and safety of Canadians remains a top priority throughout the process. 

2. Elimination of Cosmetic Pesticide Use on Federal Lands: 

- The Government of Canada, through the Greening Government Strategy (GGS) led by the Treasury Board of Canada Secretariat (TBS), is banning the use of cosmetic pesticides on federal lands. 

- The GGS focuses on transitioning to net-zero carbon and climate-resilient operations by 2050, reducing environmental impacts beyond carbon, including waste, water, and biodiversity. 

3. Generating Real-World Data: 

- The ECCC will gather real-world data to enhance understanding of pesticide impacts on the environment and to support sustainable pesticide management in Canada. 

4. Alignment with the Biodiversity Framework:   

- These actions align with Canada's commitment to the 2022 Kunming-Montreal Global Biodiversity Framework, which emphases the reduction of pesticide risks by 2030. 

- The focus is on the impacts of pesticides and risk management, rather than specifying reductions in pesticide use. 

5. Transparency and Accountability: 

- Health Canada is increasing transparency by posting plain language summaries of key decisions online and disclosing applicants' names during the review stage. 

- The external Scientific Advisory Committee (SAC) for pest control products has been established and stakeholders are consulted on a continuous oversight approach and systematic review of emerging science. 

In a recent update, the Government of Canada has informed WTO Members about a delay in the release of the final "Prohibition of Certain Toxic Substances Regulations, 2022." Originally slated for publi...

In a recent update, the Government of Canada has informed WTO Members about a delay in the release of the final "Prohibition of Certain Toxic Substances Regulations, 2022." Originally slated for publication in 2023, these regulations are now expected to be made available no earlier than the summer of 2024. 

Background 

On May 14, 2022, the Government of Canada introduced the "Prohibition of Certain Toxic Substances Regulations, 2022" (proposed Regulations). This announcement was made via the Canada Gazette, Part I, initiating a 75-day public comment period that ended on July 28, 2022. 

Key Changes 

These proposed regulations were designed to replace the existing "Prohibition of Certain Toxic Substances Regulations, 2012" (current Regulations) on the day when the final Regulations would come into effect. The primary goal of the proposed Regulations was to impose stricter controls on specific categories of per- and polyfluoroalkyl substances (PFASs), as well as two types of flame retardants and related products already under regulation. Additionally, two additional flame retardants and their products were slated for inclusion under these regulations. 

Ongoing Review 

During the public comment period, a significant number of complex and technical comments were received. Authorities are diligently assessing these comments and taking them into consideration in the development of the final Regulations. 

This delay in the publication of the final Regulations underscores the Government of Canada's commitment to ensuring a comprehensive and well-considered approach to the regulation of toxic substances. Stay tuned for updates on this crucial matter. 

On August 3, 2023, Health Canada issued a consumer product recall notice for four cosmetic goods manufactured by the US-based company Yes To due to the presence of plastic microbeads. Microbeads are l...

On August 3, 2023, Health Canada issued a consumer product recall notice for four cosmetic goods manufactured by the US-based company Yes To due to the presence of plastic microbeads. Microbeads are listed as toxic substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA).

Yes To, a global pioneer in natural skincare products since 2006, is now devoted to sustainability. The company sells fruit and vegetable-based goods manufactured from natural ingredients such as tomatoes, grapefruit, cucumber, watermelon, avocado, and tea tree. 90% of the products are vegan.

The following four products of the Yes To brand are listed in the recall notice. 35,964 units of the products were sold in Canada between July 2018 and December 2022:

• Grapefruit Daily Facial Scrub

• Tomatoes Charcoal Detoxifying Daily Cleanser

• Tomatoes Detoxifying Charcoal Deep Cleansing Scrub

• Tomatoes detoxifying charcoal deep cleansing scrub CA

Since 2018, the Microbeads in Toiletries Regulation implemented by the Canadian Government bans the manufacturing, importation, and sale of exfoliating or cleansing toiletries using plastic microbeads, as well as non-prescription medications and natural health products. The manufacturing, import, and sale of personal care goods containing plastic microbeads of 5mm (about 0.2 in) or less in size is prohibited. The purpose of the ban is to prevent microplastic particles from contaminating waterways. Health Canada has asked users to cease using the goods immediately and return them to the retailer where they were purchased for proper disposal.