With the aim to facilitate GHS implementation in Canada, Health Canada is now seeking public views on repeal and replacement of the Controlled Products Regulations, as well as amendments of related regulations.
According to the proposed amendments, the Controlled Products Regulations (CPR) will be replaced by new regulations which to be named Hazardous Products Regulations (HPR). These new regulations will adopt certain building blocks from the GHS 3rd revised edition and pursuit the maximum possible degree of alignment with the United States Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS).
The implementation of the GHS through the proposed regulatory amendments is intended to achieve the Canada-United States Regulatory Cooperation Council commitment to align and synchronize implementation of common classification and labeling requirements for workplace hazardous chemicals within the mandate of Health Canada and OSHA, noted Health Canada in their consultation notice.
Hazard Classification
Table 1 and 2 summarize the GHS hazard classes adopted in the proposed HPR.
Table 1. GHS physical hazard classes adopted in the proposed HPR and their existence in HCS 2012.
| Physical Hazards | Adopted by HCS 2012? | |
| GHS Hazard classes proposed in the HPR that are currently covered in the CPR | Flammable Gases | Yes |
| Flammable Aerosols | Yes | |
| Oxidizing Gases | Yes | |
| Gases under Pressure | Yes | |
| Flammable Liquids | Yes | |
| Flammable Solids | Yes | |
| Self-Reactive Substances and Mixtures | Yes | |
| Pyrophoric Liquids | Yes | |
| Pyrophoric Solids | Yes | |
| Self-Heating Substances and Mixtures | Yes | |
| Substances and Mixtures that, in Contact with Water, Emit Flammable Gases | Yes | |
| Oxidizing Liquids | Yes | |
| Oxidizing Solids | Yes | |
| Organic Peroxides | Yes | |
| Corrosive to Metals | Yes | |
| New hazard classes proposed in the CPR | Pyrophoric Gases | Yes |
| Simple Asphyxiants | Yes | |
| Combustible Dusts | No | |
| Physical Hazards Not Otherwise Classified (PHNOC) | No | |
Table 2. GHS health hazard classes adopted in the proposed HPR and their existence in HCS 2012.
| Health Hazards | Adopted by HCS 2012? | |
| GHS Hazard classes proposed in the HPR that are currently covered in the CPR | Acute Toxicity (Categories 1 to 4) – including substances which react vigorously with water to release a toxic gas (currently classified as a Dangerously Reactive Material under the CPR) | Yes |
| Skin Corrosion/Irritation (Categories 1A, 1B, 1C and 2) | Yes | |
| Serious Eye Damage/Eye Irritation (Categories 1, 2A and 2B) | Yes | |
| Respiratory or Skin Sensitization (Categories 1A and 1B for both respiratory and skin sensitization) | Yes | |
| Germ Cell Mutagenicity (Categories 1A, 1B and 2) | Yes | |
| Carcinogenicity (Categories 1A, 1B and 2) | Yes | |
| Reproductive Toxicity (Categories 1A, 1B, 2 and an additional category for effects on or via lactation) | Yes | |
| Specific Target Organ Toxicity - Repeated Exposure (Categories 1 and 2) | Yes | |
| New hazard classes proposed in the CPR | Specific Target Organ Toxicity - Single Exposure (Categories 1, 2 and 3) | Yes |
| Aspiration Hazard (Category 1) | Yes | |
| Health Hazards Not Otherwise Classified (HHNOC) | No | |
Note: A separate hazard class for Biohazardous Infectious Materials is retained in the proposed HPR in order to keep the current level of worker protection in Canada. The classification criteria of this class would have the same scope as the CPR but would be amended to align with the Human Pathogens and Toxins Act and the Health of Animals Act and Regulations.
Labelling
Regarding the labelling criteria, the proposed HPR requires a label to be consisted of the following information:
Product identifier
Supplier identifier
Hazards statements
Standardized pictograms, signal word, precautionary statement
Other supplemental label elements
The GHS pictograms for all hazards are proposed to be adopted by the HPR except for biohazards as there is no equivalent symbol under the GHS for this type of hazards.
Safety Data Sheet (SDS)
The HPR is proposed to adopt the 16 standardized GHS headings approach in generating SDS to harmonize with the HCS 2012. Product Information for the first nine (9) headings is mandatory while the information required by headings 12-15 is optional. The 19 GHS headings are as follows:
| 1 | Identification |
| 2 | Hazard Identification |
| 3 | Composition/Information on Ingredients |
| 4 | First Aid Measures |
| 5 | Fire Fighting Measures |
| 6 | Accidental Release Measures |
| 7 | Handling and Storage |
| 8 | Exposure Controls/Personal Protection |
| 9 | Physical and Chemical Properties |
| 10 | Stability and Reactivity |
| 11 | Toxicological Information |
| 12 | Ecological Information |
| 13 | Disposal Considerations |
| 14 | Transport Information |
| 15 | Regulatory Information |
| 16 | Other Information |
For SDS of the Biohazardous Infectious Materials, the HPR requires a specific nine-heading appendix released by the Public Health Agency of Canada to be adopted. This is not harmonized with the HCS 2012 as such materials are not managed by it. Other differences are also observed between the HPR and HCS 2012, mainly due to cultural specific factors, as well as legislation discrepancies between Canada and the US in a broader area. For instance, the lablel and SDS in Canada are continuously required to be presented in both English and French in line with the provisions of the Official Languages Act, while the HCS 2012 only requires such information in English.
Relevant legislations to be amended
The following regulations are also proposed to be amended in line with the proposed HPR:
Hazardous Materials Information Review Regulations;
Hazardous Materials Information Review Act Appeal Board Procedures Regulations;
Food and Drug Regulations;
Consumer Chemicals and Containers Regulations, 2001;
Export of Substances Under the Rotterdam Convention Regulations;
New Substances Regulations (Chemicals and Polymers); and
Safety of Cells, Tissues and Organs for Transplantation Regulations.
Any interested organizations or individual may submit writing comments to the address below before 15 Sep, 2013:
Workplace Hazardous Materials Directorate, Health Canada
427 Laurier Avenue West, 7th Floor
Ottawa, Ontario
K1A 0K9
