Update – May 19th, 2021
Deadline for Comments for Amending the Hazardous Products Regulations Has Been Extended
The Regulations Amending the Hazardous Products Regulations (GHS, Seventh Revised Edition) was published in the Canada Gazette on December 19, 2020.
Health Canada has now extended the comment period and will continue to accept comments concerning the proposed Regulations and Order until the close of business on May 19, 2021.
All comments must cite the Canada Gazette, Part I, the date of publication (December 19, 2020), and be addressed to:
Lynn Berndt-Weis
Director, Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Address Locator: 4908B, 269 Laurier Ave. West
Ottawa, Ontario K1A 0K9
Email: hc.whmis-simdut.sc@canada.ca
Original Post
Canadian Regulations Amending the Hazardous Product Regulations (GHS, Seventh Revised Edition)
Health Canada is proposing to amend the Hazardous Products Regulations (HPR) to align with the seventh revised edition of the UN GHS. This amendment was published on December 19, 2020.
The objectives of the proposal to amend the Hazardous Products Regulations is to provide greater clarity about specific provisions. To adopt the 7th edition of GHS would allow for workers to better protect themselves against hazardous products, and this would provide increased health and safety benefits.
The proposed amendment outlines the following changes: modifications to several definitions, the adoption of a new hazard category for non-flammable aerosols, new subcategories for Flammable Gases, the addition of a new test procedure for Oxidizing Solids, and modifications to schedule 1 of the HPR to update the information elements required to be provided on SDSs.
Other proposed amendments include changes to existing revisions relating to hazardous products classified in the physical and health hazard classes. There are also changes to the hazard communication elements required on SDSs and labels.
Under the authority of the Hazardous Products Act, the proposed amendments to the HPR, with some examples, include:
1) Align the HPR with the seventh revised edition of the GHS.
Examples include adding new definitions for chemically unstable gas and pyrophoric gas; expand the classification criteria for Oxidizing Solids to reflect the addition of a new test procedure; adding new definitions for germ cell mutagenicity and carcinogenicity, etc.
2) Clarify, add precision to, or make changes to certain provisions.
This includes clarifying the exemptions that could be applied in situations where hazardous products are sold to an employer who has filed a confidential business information (CBI) claim.
3) Correct and amend certain provisions to better reflect their original intent.
This will allow for the use of narrower concentration ranges that fall within the concentration ranges prescribed for the disclosure of hazardous ingredients on SDSs.
4) Make administrative updates to the HPR.
These amendments are proposed to align with the seventh revised edition of GHS: amend “Flammable aerosols” to “Aerosols” to reflect the name change of the hazard class; and repeal “Pyrophoric gases,” as these gases are proposed to be included under subcategory 1A of the Flammable Gases hazard class.
It was announced in Spring 2020 that the US was amending their Haz Com standard to also adopt the GHS seventh revision. Therefore, by not amending the HPR this would result in inconsistencies between the Canadian and US regulations. The amendment would allow for the use of one label and one SDS per workplace hazardous product to meet the requirements for both US and Canada, subject to Canada’s legal frameworks and language requirements.
The intent is to move forward with the proposed regulatory changes in a timely manner. It is anticipated that a two-year transition period would begin on the date when the proposed amendments to the Hazardous Products Regulations come into force. It is possible that the transitional approach and timing may not be aligned between the United States and Canada.
For more information, you can access the Regulations Amending the Hazardous Products Regulations here
Health Canada will continue to accept comments concerning the proposed Regulations and Amendment until the close of business on April 19, 2021.
Please Contact Nexreg for more information or to learn more about how these changes might affect your products.