Notice of intent – Proposed new requirements for consumer chemical products under the Canada Consumer Product Safety Act

The purpose of this Notice of Intent is to inform interested parties that Health Canada is seeking comments on a proposed regulatory initiative that would introduce requirements for certain human health hazards of concern (HHHOCs) in consumer chemical products under the Canada Consumer Product Safety Act (CCPSA).

Health Canada will use the input received through this pre-consultation to inform next steps, which may include a cost-benefit analysis of the proposal and future consultations. Any future regulatory proposal would be pre-published in the Canada Gazette, Part I for further stakeholder consultation in accordance with the Treasury Board of Canada Secretariat's Cabinet Directive on Regulation.

Background

A wide variety of consumer chemical products such as household cleaning products, adhesives, and lubricants are available to the Canadian public. The Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001 or Regulations) under the CCPSA help to protect Canadians from certain acute human health and physical hazards associated with consumer chemical products, through prohibitions and restrictions on dangerous consumer chemical products, information disclosure requirements and container requirements. The requirements that apply to specific consumer chemical products are dictated by a scientific assessment of the hazards posed by the substances contained in the product against the classification criteria that are established in the Regulations. The acute human health and physical hazards that are currently addressed by the CCCR, 2001 are:

• acute toxicity (lethal or serious but non-lethal effects);
• corrosivity (chemical burns and eye damage);
• flammability (chemicals that catch fire);
• pressurized containers (containers that may explode if heated or punctured); and
• quick skin-bonding adhesives (adhesives that bond skin instantly or nearly instantly).

Many substances contained in consumer chemical products are linked to HHHOCs, including those that may cause an adverse health effect resulting from long-term or intermediate exposure. However, the CCCR, 2001 do not include requirements that help mitigate the risks for the following HHHOCs:

• carcinogenicity (induction of cancer);
• germ cell mutagenicity (heritable gene mutations);
• reproductive toxicity (adverse effects on sexual function, fertility, or developmental toxicity in offspring);
• specific target organ toxicity (adverse effects on target organs after single or repeated exposure); and
• respiratory or skin sensitization (allergic reactions or hypersensitivity).

Prior to 2001, no harmonized classification criteria for HHHOCs had yet been established. At the international level, the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals was being developed in parallel to the CCCR, 2001. As the development of the GHS would take additional years to be completed, at that time, Health Canada prioritized the implementation of the CCCR, 2001, in order to protect Canadians from the high potential risks of acute human health and physical hazards posed by consumer chemical products. In addition, stakeholders were consulted and agreed that Health Canada should proceed with publishing the CCCR, 2001 without waiting for the GHS to be completed. Health Canada recognized that regulatory requirements for HHHOCs could be introduced once the GHS was finalized.

Since the publication of the CCCR, 2001, the scientific evidence available to support the longer-term risks posed by some HHHOCs in consumer chemical products has continued to evolve, along with the establishment of the GHS. These provide the opportunity for the Government of Canada to introduce requirements for HHHOCs. In addition, in response to growing public interest by certain stakeholders including the Canadian public and non-governmental organizations (NGOs), the Government of Canada has made several commitments to strengthen the disclosure of chemicals on labels for consumer products, including in the Prime Minister's December 2021 mandate letter to the Minister of Health.

To help protect the Canadian public from certain HHHOCs in consumer chemical products and support the Government of Canada's commitments, Health Canada is considering a regulatory initiative under the CCPSA that would mandate information disclosure and other requirements for HHHOCs in consumer chemical products. Requirements for HHHOCs in consumer chemical products are already in place in Europe and the United States, which are Canada's largest trade partners with respect to consumer chemical products.

Purpose of the proposal

The main objective of this proposal is to help protect the people of Canada from certain HHHOCs by introducing new requirements for consumer chemical products under the CCPSA. This objective would be achieved by establishing a hazard classification and information disclosure framework for HHHOCs, complemented by additional protections such as prohibitions, restrictions, or child-resistant container requirements. In this way, users of consumer chemical products would be alerted to HHHOCs in consumer chemical products and would be provided with necessary precautionary statements, such as instructions for safe use and first aid, relevant to the applicable hazards.

The proposal

Health Canada proposes to introduce the following requirements for consumer chemical products under the CCPSA:

1. Classification criteria for HHHOCs based on those set out in the GHS;
2. Information disclosure requirements for HHHOCs based on GHS label elements, including hazard symbols, signal words (i.e., "Danger" or "Warning"), hazard statements (e.g., "May cause cancer"), precautionary statements (e.g., instructions for safe use and first aid), and ingredient disclosure requirements; and
3. Additional protections, such as prohibitions, restrictions, or child-resistant container requirements, where deemed necessary.

Under this regulatory proposal, existing requirements of the CCCR, 2001, including its classification criteria, prohibitions, information disclosure requirements, and container requirements would remain in force.

Health Canada is considering a variety of regulatory options for introducing the proposed requirements, such as an amendment to the CCCR, 2001 or a new regulation under the CCPSA.

Scope of the proposal

This proposal applies to consumer products within the scope of the CCPSA that are:

• substances or mixtures supplied in containers, and
• classified in a HHHOC category or sub-category according to the GHS classification criteria.

Products that are subject to the CCCR, 2001 or the Science Education Sets Regulations under the CCPSA may be within scope of this proposal.
This proposal does not apply to:

• a consumer product within the scope of the CCPSA that cannot expose the user to any of its hazardous ingredients during reasonably foreseeable use, or
• vaping products as defined in section 2 of the Tobacco and Vaping Products Act.

Amendments to the existing requirements of the CCCR, 2001

In parallel to the regulatory proposal, amendments to the CCCR, 2001 may also be considered to accommodate additional required information to be disclosed on containers of consumer chemical products relevant to HHHOCs. These amendments may include changes to the technical specifications of the required information under the CCCR, 2001 (i.e., size of hazard symbols, hazard statements, etc.) and its presentation format.

Alternative regulatory approach

Subject to stakeholder feedback on this proposal, fully replacing the CCCR, 2001 with a risk-based GHS framework for classification and information disclosure, and mandating additional protections, may be considered as an alternative regulatory approach.

How to participate

To participate in this consultation, stakeholders were asked to submit responses to the questions in the Questionnaire section below. This pre-consultation is now closed. It was open for comment from July 11, 2023 to October 20, 2023 (101 calendar days).

Health Canada is considering additional mechanisms to engage stakeholders for feedback on this initiative, including possible engagement sessions following analysis of the comments received during this pre-consultation. Feedback collected through this pre-consultation may be used to inform the development of a broader Government of Canada strategy to outline measures to support supply chain transparency and consumer product labelling.

Privacy notice

The personal information you provide to Health Canada will be collected by the Consumer and Hazardous Products Safety Directorate under the Canada Consumer Product Safety Act and handled in accordance with the Privacy Act.

Why are we collecting your personal information? Your personal information is being collected as part of a consultation relating to this proposal for the human health hazards of concern (HHHOCs) in consumer chemical products under the Canada Consumer Product Safety Act (CCPSA), and will be used solely by the Consumer and Hazardous Products Safety Directorate and Health Canada to help inform this proposal.

Will we use or share your personal information for any other reason? Your contact information may be used by a representative of the Consumer and Hazardous Products Safety Directorate to contact you should they need to clarify any of your responses. Your name, organization and contact information may be added to a stakeholder list to be used for further communication and consultation. A report using aggregate data may be created and shared within the Consumer and Hazardous Products Safety Directorate and Health Canada for internal reporting and data analysis.

What happens if you don't want to provide your personal information? Participation in this questionnaire is voluntary, and there are no consequences for opting to not respond or respond partially. If you choose not to provide the requested information, we will be unable to contact you to further explore your needs and opportunities for collaboration.

What are your rights? You have the right to access and request a correction and/or notation to your personal information. You also have a right to complain to the Privacy Commissioner of Canada if you feel your personal information has been handled improperly. For more information about these rights, or about how we handle your personal information, please contact the Consumer and Hazardous Products Safety Directorate at ccpsa-lcspc@hc-sc.gc.ca.

For more information: The collection of your personal information is described in Info Source at infosource.gc.ca. Refer to the personal information bank (PIB) PSU 938 - Outreach Activities.

Questionnaire

Contact information

• Contact Name
• Organization Name
• Contact Email

Stakeholder interest information

1. Which stakeholder group do you represent? Please select one or more of the following:
   • Manufacturer
   • Importer
   • Retailer
   • Non-governmental Organization including consumer interest group
   • Academia
   • Medical professionals (including Poison Centres, Public Health Units, etc.)
   • Industry Association
   • General Public
   • Other (please specify)
     1. If you are a manufacturer or an importer, please identify whether you are a small business (1-99 employees), medium-sized business (100-499 employees), or large business (500+ employees).
2. If you represent the consumer chemicals industry, what product categories do you manufacture, import, advertise, or sell in Canada? Please select one or more of the following:
   • Household cleaning chemicals
   • Paints, coatings, staining products, etc.
   • Hobbies and crafts (e.g., adhesives, silly string, fog fluid, sport equipment maintenance, science education sets, etc.)
   • Home Renovation products
   • Decorative products, seasonal products (e.g., reed diffuser, garden torch, fire pots, etc.)
   • Automotive or marine maintenance products (e.g., brake fluid, windshield fluid, marine epoxies, etc.)
   • Fuels (e.g., charcoal lighter fluid, propane cylinders, etc.)
   • Other (please specify)

Question 1

1. Do you agree that the proposed classification criteria and information disclosure requirements for HHHOCs (i.e., carcinogenicity, germ cell mutagenicity, reproductive toxicity, specific target organ toxicity, and respiratory or skin sensitization) in consumer chemical products based on those set out in the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals (ST/SG/AC.10/30Rev.8) would be reasonable and effective?

   Please respond "yes" or "no", provide your rationale and outline any challenges or benefits you foresee from this proposal, or provide alternative suggestions.

2. Do you support the use of an ambulatory reference to the GHS to introduce requirements for HHHOCs in consumer chemical products? An ambulatory reference to the GHS in a regulation would mean that the latest revision of the GHS would come into force after a specified transition period.

   Please respond "yes" or "no", and provide your rationale and outline any challenges or benefits you foresee from the use of an ambulatory reference to the GHS for HHHOCs in consumer chemical products, or provide alternative suggestions.

3. Do you support a hybrid information disclosure system in Canada where existing information disclosure requirements of the Consumer Chemical and Containers Regulations, 2001 (CCCR, 2001) would remain in force and information disclosure requirements for HHHOCs (i.e., GHS based information disclosure) would co-exist?

   Please respond "yes" or "no", provide your rationale and outline any challenges or benefits you foresee from this proposal, or provide alternative suggestions.

Question 2

If you do not support the proposal outlined in the NOI, do you support the alternative regulatory approach outlined in the NOI? The alternative regulatory approach proposes to fully replace the CCCR, 2001 with a risk-based GHS framework for classification and information disclosure and mandating additional protections (e.g., prohibitions, restrictions and child-resistant containers).

Please respond "yes" or "no", provide your rationale and outline any challenges or benefit you foresee from this proposal, or provide alternative suggestions.

Question 3

1. Do you support the introduction of additional protections, such as prohibitions, restrictions, or child-resistant container requirements, for certain HHHOCs in consumer chemical products?

   Please respond "yes" or "no", provide your rationale and outline any challenges or benefits you foresee from the introduction of additional protections, or provide alternative suggestions.

2. If you support the introduction of additional protections such as prohibitions, restrictions, or child-resistant container requirements for HHHOCs, which of the following hazard classes within the HHHOC group should be subject to these additional protections?
   • carcinogenicity (induction of cancer);
   • germ cell mutagenicity (heritable gene mutations);
   • reproductive toxicity (adverse effects on sexual function, fertility, or developmental toxicity in offspring);
   • specific target organ toxicity (adverse effects on target organs after single exposure);
   • specific target organ toxicity (adverse effects on target organs after repeated exposure); and,
   • respiratory or skin sensitization (allergic reactions or hypersensitivity).

   Please list specific additional protection(s) you would like to propose for each hazard class above. Please include your rationale.

3. With respect to additional protections such as prohibitions, restrictions, or child-resistant container requirements, do you support alignment with the European Union's Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP Regulation)?

   Please respond "yes" or "no", provide your rationale and outline any challenges or benefits you foresee from aligning with EU, or provide alternative suggestions.

Question 4 (for Canadian manufacturers and importers)

Please estimate the financial impact to assess your consumer chemical products against HHHOCs criteria based on the GHS, and potentially apply new label elements and repackage (e.g., to accommodate a bigger label for additional HHHOCs information disclosure)? Please select one of the following:

• Under $500,000
• $500,000 to $1,000,000
• $1,000,000 to $5,000,000
• Greater than $5,000,000

Please provide any additional cost related information or feedback you feel would support your response.

Question 5

Do you support a potential regulatory requirement that requires sellers to provide, on a product webpage (i.e., at the point of sale), the same safety and ingredient information that is required on a container of a consumer chemical product?

Please respond "yes" or "no", provide your rationale outlining any challenges or benefit you foresee from a potential regulatory requirement for sellers to disclose, on a product webpage, the same safety and ingredient information that is required on the container of a consumer chemical product, or provide alternative suggestions.

Question 6

Do you support the use of a peel-back label to accommodate the additional information that would need to be disclosed on the container related to HHHOCs (if applicable)?

Please respond "yes" or "no", provide your rationale outline any challenges or benefit you foresee from the use of a peel-back label, or provide alternative suggestions.

Question 7

Please provide any additional information that you feel should be considered regarding this proposal.

Thank you for providing your feedback.

It was open for comment from July 11, 2023 to October 20, 2023 (101 calendar days).