Health Canada Publishes Proposed Amendments to the Hazardous Products Regulations (HPR)  

Posted on: October 25, 2017

by Alexis Sumner 

 As we reported on in May, Health Canada delayed GHS implementation for manufacturers and importers until June 1, 2018.  This delay was “intended to provide additional time for Health Canada to conclude consideration of the proposal from industry” as they had requested that prescribed concentration ranges be permitted in the HPR to allow for trade secret protection without submitting a claim under the Hazardous Materials Information Act (HMIRA).  

proposed amendment published in Part I of the Canada Gazette on October 21, 2017 would allow for prescribed concentration limits.  Either the actual concentration or one of the concentration ranges would be allowed for inclusion on the safety data sheet (SDS).   For actual concentrations between 0.1% and 30% in certain situations (see full text) up to three concentration ranges from the specified ranges could be combined.  As in most countries, where a concentration range is used, a statement to the effect that the actual concentration range is withheld as a trade secret must be provided.  

The end of the comment period for the proposed Regulations Amending the Hazardous Products Regulations is “within 30 days after the date of publication” of the Notice.  

Additionally, a Notice of intent for possible amendments to the Hazardous Materials Information Review Act and the Hazardous Products Act was published, with a comment period ending on November 20, 2017.  This Notice addressed topics that will be under future review by the agency.  Per the Notice, representatives of organized labour have expressed concerns regarding confidential business information (CBI) claims for carcinogens, mutagens, reproductive toxicants and respiratory sensitizers (CMRRs).  “They note that the European Union does not allow CBI protection for CMRRs and have requested that Health Canada adopt a similar approach whereby suppliers would not be allowed to submit a CBI claim in respect of a substance or ingredient that is a CMRR.”  This exclusion for CMRRs does not form part of the proposed amendment and is, at this time, only a topic for future review. 

Consumer products are currently exempt from the HPA and HPR requirements but the Notice of Intent states that “Representatives of organized labour have requested that the HPA exclusion for consumer products be amended, so that workers using, handling or storing consumer products in workplace settings would be provided with HPA information regarding all the hazards of these products by their employers.”  

{ Recommended Action Items }

  • Review the proposed amendments, which begin on pages 3965 and 4043 of the Gazette (link below). 
  • Provide public comment to Health Canada. 


Canada Gazette, Part I, October 21, 2017 edition



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