Canadian Finishing & Coatings Manufacturing Magazine Jan/Feb 2023 - 16

CPCA CORNER
BY PETER MIRTCHEV, PH.D.
DIRECTOR OF PUBLIC AFFAIRS, CANADIAN PAINT AND COATINGS ASSOCIATION
Health Canada Publishes Notice of Intent to
Remove the Consumer Product Exclusion from
the Hazardous Products Act
T
he Workplace Hazardous Products Program (WHPP)
of Health Canada has been examining the consumer
products exclusion clause under the Hazardous
Products Act (HPA) for a number of years, wherein
consumer products used in the workplace are excluded from
certain requirements under Schedule 1 the Act. Namely,
suppliers of consumer products are currently not required to
provide safety data sheets (SDS) or WHMIS-standard labels as
they are for commercial products, which could lead to potential
risks to workers who use, handle, and store those products in the
workplace.
CPCA consulted with Health Canada extensively on this
subject over the past several years, including responding to
a survey in early 2021 and participating in a two-day multistakeholder
workshop in June 2021. Further to the stakeholder
feedback received from these consultations, Health Canada
published a Notice of Intent (NOI) that the department
is seeking to remove the consumer product exclusion from
Schedule 1 of the HPA.
Health Canada is considering potential regulatory amendments
that would:
1. Remove the consumer product exclusion from Schedule 1 of
the HPA.
2. Exempt suppliers of consumer products from the labelling
requirements of the HPA and HPR; and,
3. Require suppliers of consumer products meeting the
definition of a hazardous product under the HPA provide an
SDS upon request only, but it is not mandatory.
Under this proposal, suppliers of consumer products that are
hazardous products would remain exempt from the labelling
requirements of the HPA and HPR. Consumer products and
their labelling are regulated under the Consumer Chemical
Products Safety Act (CCPSA) and its associated regulations,
as well as other applicable acts and regulations (e.g., Consumer
Packaging and Labelling Act). This proposal would ensure that
16
www.cfcm.ca
consumer product labels are not subject to requirements under
both the HPA and the Canadian Consumer Product Safety Act.
CPCA's previous advocacy on this subject called for the
retention of the CPE in order to minimise cost burdens on
business based on industry concerns related to re-labelling
costs to align with GHS. Thankfully, this proposal avoids that
issue, but CPCA is gathering more feedback from members on
the impact it might have on two-way trade between Canada and
the United States. Health Canada has committed to conducting
a full cost-benefit analysis of this proposal, as called for by CPCA
and other industry sectors, once it is published in the Canada
Gazette, Part I.
PMRA Publishes Final Assessments for Six
Critical Paint Preservatives
PMRA recently published the final re-evaluation decisions
for six active ingredients used in coatings preservation. The
active ingredients in question (Sodium Omadine, Ziram, Folpet,
Dazomet, Chlorothalonil, and Diodofon) were reviewed together
under a 'cluster analysis' that PMRA undertook several years ago.
PMRA's final decisions can be summarised as follows:
complete cancellation of all
products
containing ziram
(including adhesives), and all solvent-borne paint containing
folpet. Sodium omadine, chlorothalonil, diodofon, and dazomet
uses remain, but under restrictions such as reduced label
rates, modified labels, closed transfer systems, additional user
protective equipment and more. Dazomet itself is cancelled for
uses in paper coatings. Diodofon is cancelled in three categories
of products: exterior paint, wallboard joint compounds and
leather tanning. Requirements for treated articles are also
specified.
CPCA voiced immediate concerns, both procedural
and technical, with senior PMRA officials for the lack of
transparency and misalignment
with
other
jurisdictions,
especially the United States, as well as lack of consultation with
stakeholders since the publication of the proposed decisions
in 2020. Indeed, CPCA offered to collaborate with PMRA and
professional painter associations on developing a suitable
http://www.cfcm.ca
Canadian Finishing & Coatings Manufacturing Magazine Jan/Feb 2023

Table of Contents for the Digital Edition of Canadian Finishing & Coatings Manufacturing Magazine Jan/Feb 2023
