Canadian Update Cassandra Taylor
Nexreg Compliance Inc.
Regulatory Specialist,
Regulatory International
Influences
Canada to update Hazardous Products
regulations to align with GHS, 7th Revised Edition
Overview: What is happening? On Dec. 19, 2020, the Government of Canada published
proposed amendments to the Hazardous Products Regulations
(HPR) and Schedule 2 of the Hazardous Products
Act (HPA). The HPR and HPA set out the requirements for the
Workplace Hazardous Materials Information System (WHMIS) in
Canada.
The proposed amendments will align
the HPR with the 7th Revised Edition
of the United Nations Globally Harmonized
System of Classification & Labeling
of Chemicals (GHS). Additionally,
the updates will provide greater clarity
or precision regarding certain provisions,
include changes to better reflect
the original intent of the regulations
and address administrative updates.
Harmonization with the U.S. will be
preserved while advancing worker protections
and addressing various issues
that have been identified by Health Canada and stakeholders since
the HPR came into force in 2015.
Key changes that were made to align the HPR with GHS seventh
revision include:
• Updated definitions;
• A new non-flammable Aerosol Hazard category;
• New sub-categories for Flammable Gases;
• A new test procedure for Oxidizing Solids; and
• Updated information elements for safety data sheets (SDS)/
labels in Schedule 1
In addition to these key changes related to GHS, a variety of other
amendments have been proposed that will address issues identified
by Health Canada and stakeholders. Existing provisions relating to
classification and labeling of hazardous products will be clarified and
adjusted based on the feedback provided by affected parties. There
will be a two-year transition period for suppliers to implement the
new amendments after they come into force.
Objective: Regulatory cooperation
and increased worker protections
The primary objective of the proposed amendment is to meet an
international commitment under the Canada-U.S. Regulatory Co-
operation Council Joint Forward Plan. The Work Plan for workplace
hazardous products aims to coordinate the adoption of GHS updates
between the two countries. Canada and the U.S. have pledged to
harmonize amendments to their respective regulations as much
as possible as they move toward the
seventh revision of GHS.
Regulatory cooperation will continue
to allow a single label and SDS for a
dangerous product to meet the hazard
communication requirements in both
the U.S. and Canada.
This continued alignment
will facilitate trade through
common hazard communication
requirements
and mitigate the economic
impacts of disparities in regulatory
obligations between the
U.S. and Canada.
Aligning with the seventh
revised edition of GHS will also
provide Candian workers with more comprehensive
and detailed occupational safety information, improving
their health and safety. This edition of GHS allows for more precise
classification of products, such as flammable gases, and includes
more detailed information requirements for SDS and labels over the
currently implemented fifth revised edition.
Issues identified by stakeholders and Health Canada
The amended regulations aim to address several issues identified by
industry stakeholders and Health Canada since the HPR came into
force in 2015. Certain provisions are being clarified or made more
precise. In some cases, criteria or requirements are being updated to
better reflect their original intent such as clarifying exemptions for
hazardous products sold to an employer who has filed a confidential
32 Spray March 2021