Canada Regulatory News

On 4 January 2023, Health Canada published the finalized version of an update to the Hazardous Products Regulations (HPR). This update was postponed earlier in 2022 because the Canadian government aim...

On 4 January 2023, Health Canada published the finalized version of an update to the Hazardous Products Regulations (HPR). This update was postponed earlier in 2022 because the Canadian government aimed for this update to be more in line with an update of OSHA’s Hazard Communication Standards (HazCom) underway in the US. This update brought the Canadian Globally Harmonized System (GHS) standard to the seventh revised edition of the UN GHS of classification and labeling of chemicals. It is expected that this update will affect companies that are active in the manufacturing of chemicals, plastics, and rubber industries.

Some of the changes in this update include:

• Updating various definitions, including for skin corrosion and irritation, eye irritation and serious eye damage, respiratory and skin sensitisation and more
• Acquiring a new hazard class list for non-flammable aerosols, including new subcategories for flammable gasses
• Including a test procedure for oxidizing solids
• Adjusting the required information on safety data sheets (SDSs)

It is expected that the new and updated HPR will further improve labeling requirements for products using small containers with a volume capacity of 100 ml or less.  Moreover, based on this update, a new physical hazard class for "chemicals under pressure," incorporated from GHS 8 is added to the HPR. This new physical hazard class is believed to bring new products into the scope of the HPR, causing new expenses for suppliers as they need to prepare new labels and SDSs for certain liquids or solids packaged in pressurized containers beside aerosol dispensers.

Manufacturers are expected to implement the changes for their products before 14 December 2025. These changes include product classifications, SDSs, and labels. Furthermore, the Health Canada has announced that they will be publishing further instructions and guidelines on the transition period on the Workplace Hazardous Materials Information System (WHMIS) website: https://whmis.org/.

The Canadian government has unveiled three options for businesses to comply with the country's VOC (Volatile Organic Compounds) limits for household goods. These regulations, which establish conce...

The Canadian government has unveiled three options for businesses to comply with the country's VOC (Volatile Organic Compounds) limits for household goods. These regulations, which establish concentration limits in around 130 product categories, were adopted in January 2022 and will become effective in 2024 for most products and in 2025 for disinfectants.

However, since some companies might struggle to meet the more stringent limits they can take advantage of alternative compliance paths offered by the government, which include obtaining a temporary permit, a longer-term permit, or participating in a unit trading program.

Temporary permits allow businesses to apply for a two-year permit if they can provide clear and convincing evidence that they cannot meet the VOC limit requirements for technical or economic reasons. The businesses must also present a plan to ensure compliance once the permit expires. This permit can be renewed for another two years, but the request for renewal must be submitted 90 days prior to expiration.

Long-term permits are available for products that exceed VOC concentration limits but result in lower overall VOC emissions than comparable compliant products. Manufacturers are required to disclose the estimated quantities of the product per year and provide evidence that its use results in lower VOC emissions than a compliant product in the same category. These permits are valid for four years and can be renewed 90 days prior to expiry.

Unit trading allows companies to exceed concentration limits for one product by balancing emissions with other products that have lower VOC amounts, or by purchasing compliance units from other companies. The companies must supply information on the products that exceed the limits and a plan to compensate for excess VOCs. Permit holders are mandated to submit an annual report, no later than March 1st, which should include actual quantities in Canada, compliance units used to offset the excess VOCs, and a confirmation of intent to continue manufacturing or importing the product under the permit. If emissions are not balanced for the calendar year, the permit will be revoked.

The Transport department of Canada has announced that they are planning to pass a proposal to the Transportation of Dangerous Goods Regulations (TDGR). This proposal would align the Canadian regulatio...

The Transport department of Canada has announced that they are planning to pass a proposal to the Transportation of Dangerous Goods Regulations (TDGR). This proposal would align the Canadian regulation with international trade and would focus on improving and reducing Canada’s technical standards and regulatory burdens with transport to and from the United States of America.

The following updates and suggestions would be added to this proposal to TDGR:

• the UN Model Regulations
• the International Maritime Dangerous Goods Code (IMDG Code)
• the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air
• Title 49 of the US Code of Federal Regulations (49 CFR)

Moreover, this proposal would allow the consignors to export their goods internationally without needing 270 equivalency certificates (ECs) related to international shipping and 394 ECs for the transporting of dangerous goods by air and  eliminate the need to apply for an EC for exemptions to the TDGR.

During the past years there have been numerous changes to the UN classifications, however, the TDGR has not been updated since 2001. Due to this lack of update in the TDGR, the Canadian exporters have been forced to create two shipping documents for their international shipments. Thus, this proposal would update the TDGR classification system and would bring it to the newest UN update. It should, however, be noted that explosives and radioactive materials will not be covered by this proposal because the Canadian government has an existing domestic regulation covering these substances.

The TDGR will also align with the special provisions in the Model Regulations. These include provisions relating to:

• Transportation of lithium batteries
• Communication for hazardous substances
• Requirements for safety marks
• Ban on extremely dangerous substances
• Exemptions for low-risk substances.

Furthermore, this proposal would add a special provision from the IMDG Code to the TDGR which would exempt the transport of vehicles by vessel.

Based on the 49 CFR regulations, certain exemptions exist when transporting goods to Canada, however, not all of them are reciprocated in the TDGR. This proposal would make the process for goods being shipped to the United States following 49 CFR, which in return would reduce cost and would reduce any delays and administrative issues.

Another aspect that this proposal is focusing on is the transport of goods via air. This proposal would add additional domestic provisions to section 12 of the TDGR, adding further technical instructions besides the ICAO instructions. The previous update on section 12 of the TDGR goes back to 2008. It is intended to define limited access as “a location to which there is no year-round access by a mode of transport other than air” and allows the use of large aircrafts. Furthermore, this proposal aims to remove the need for dedicated response aircrafts in the event of an emergency, allowing the first responders in remote areas to act faster.

The deadline for public comments on the proposal is 9 February 2023. The regulations would come into force when the proposal is published in the Canada Gazette, Part II, with a six-month transition period.

The Bill S5 was voted unanimously by Canada's House of Commons to be sent to the environment and Sustainable Development (Envi) committee. The Bill S5 is going to be amended to the Canadian Enviro...

The Bill S5 was voted unanimously by Canada's House of Commons to be sent to the environment and Sustainable Development (Envi) committee. The Bill S5 is going to be amended to the Canadian Environmental Protection Act (CEPA) 1999.  The bill is expected to bring a watch list to the regulation which many in the industry believe could make the regulation unworkable and confusing. This watch list is designed for the chemicals with hazardous properties, amend procedures for confidential business information (CBI) claims, and recognize a right to a healthy environment. 

In summary the Bill S5 would bring the following updates and changes to the CEPA 1999:

1. More control on the elements with a significant activity, by bringing additional control measurement on these substances for example by changing the information and timeline submission process.

2. Giving more control to the Canadian government to add substances on the “In-Commerce List” (ICL) to the Domestic Substances List (DSL).

3. Giving The Canadian government to change or remove substances from the Domestic Substances List (DSL).

4. Develop and publish new risk assessment for existing substance to Strengthen chemicals management plan.

5. Setup and Implement a new framework for individuals to have the right to a healthy environment in Canada  under CEPA1999.

6. Bring new methods and standards to help and improve Information gathering.

In the following weeks the Minister of Environment and Climate Change would be invited to appear before the Envi committee to answer any question or concerns that they may have.

The Canadian government has proposed adding Solvent Violet 13 to the country’s list of toxic substances under Schedule 1 of the Canadian Environmental Protection Act (CEPA), which is likely to trigg...

The Canadian government has proposed adding Solvent Violet 13 to the country’s list of toxic substances under Schedule 1 of the Canadian Environmental Protection Act (CEPA), which is likely to trigger risk management actions. 

The stakeholders have 60 days to comment on the proposal - until 30 November 2022. While the regulation itself does not impose regulatory requirements, it would empower the environmental and health departments to manage the potential health risks of the colorant, likely focusing on its use in cosmetics. 

Solvent Violet 13 is used in many cosmetic products, including body lotions, lipsticks, and hair dyes, along with candles, pet shampoos, and food packaging. The 2018 draft screening assessment noted that exposure to the substance from some cosmetic products is the biggest concern. 

In July 2021, Canada’s environment and health ministries suggested including Solvent Violet 13 to the Cosmetic Ingredient Hotlist, a move that would restrict the dye’s use in cosmetics placed in the country. 

In its proposal on 1 October 2022, the government said it would consider the effects of potential risk management policies and consult with stakeholders before taking further action.

If you have further queries regarding Canadian Regulations, please contact GPC via compliance@gpcregulatory.com. For more information regarding our services kindly visit our site https://www.gpcgateway.com. 

On 17 august 2022, the government of Canada (published in the Canada Gazette) issued notification requirements for some new uses of the paint additive calcium 2-ethyl hexanoate. In 2018, Canada ca...

On 17 august 2022, the government of Canada (published in the Canada Gazette) issued notification requirements for some new uses of the paint additive calcium 2-ethyl hexanoate.

In 2018, Canada came to the conclusion that while the chemical is not toxic at the current levels of exposure, its possible developmental effects make it potentially dangerous for human health if its use increases. It was therefore suggested to impose a Significant New Activity (SNAc) provision of the Canadian Environmental Protection Act, 1999 (CEPA 1999) to enable the government to evaluate the risk of certain new uses prior to their approval in Canada.

As published in the Canada Gazette on 17 August 2022, SNAc should be notified if calcium 2-ethylhexonate is used in cosmetics or consumer products above 0.1 % by weight. Paints and coatings that dry as a solid film and have a concentration under 0.5 % by weight are exceptions. Import of more than 10 kg per year for such uses should submit a Significant New Activity notice (SNAn).

Calcium 2-ethyl hexanoate was evaluated along with 2-ethylhexyl 2-ethylhexanoate under the Chemicals Management Plans (CMP).

If you have further queries regarding Canadian Regulations, please contact GPC via compliance@gpcregulatory.com. For more information regarding our services kindly visit our site https://www.gpcgateway.com.

The Canadian General Standards Board (CGSB) has issued a draft safety standard on ton containers for the transport of dangerous goods, with the consultation open until 24 October. A ton container i...

The Canadian General Standards Board (CGSB) has issued a draft safety standard on ton containers for the transport of dangerous goods, with the consultation open until 24 October.

A ton container is a large cylindrical drum made of steel that is used for the transport of hazardous materials.

The draft, which was released on 24 August 2022, provides specifications for anyone designing, maintaining, qualifying, inspecting, marking, choosing, and using ton containers. It also explains how manufacturing facilities must establish quality control systems to guarantee that containers comply with laws and regulatory requirements for facilities involved in their use.

The new regulation will replace the present Transport Canada regulation, TP 14877, which governs the transportation of dangerous products in big containers. Additionally, the pertinent sections of TP 14877 will be replaced by a new standard on tank cars for such rail transportation.

The main proposed changes include: 

• updating the list of documents applicable to the use of ton containers 
• updating definitions in the previous standard such as 'fusible plug' and 'modification' 
• updating the country’s dangerous goods list to make it consistent with the Canadian Transport of Dangerous Goods (TDG) regulations and the relevant Code of Federal Regulations of the United States (49 CFR) 
• incorporating requirements for quality management systems for manufacturers of ton containers
• removing requirements related to tank cars

The new safety standard will come into force when it is incorporated into the Canadian TDG regulations via a later regulatory amendment.

If you have further queries regarding Canadian Regulations, please contact GPC via compliance@gpcregulatory.com. For more information regarding our services kindly visit our site https://www.gpcgateway.com.