June 2023 Update: Proposal to Remove the Consumer Product Exclusion from the Hazardous Products Act

By Dell Tech

Posted February 13, 2023

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By: Sarah D’Mello, Senior Product Safety Specialist, email

June 2023: Results Revealed in Health Canada’s Workplace Hazardous Products Program Newsletter

Findings from Consultation on Proposal to Remove Consumer Product Exclusion

The results from the consultation on the proposal to remove the consumer product exemption from the Hazardous Products Act (HPA) have been released. Health Canada received 32 complete responses from various stakeholders.

The feedback highlighted potential benefits such as improved communication of hazards to protect workers, access to reliable safety data sheets for training employees, and minimal additional work for some suppliers who already have safety data sheets available.

However, stakeholders also identified potential shortcomings, including confusion arising from different regulations and the requirements from two regulatory frameworks, administrative burden and costs for smaller businesses, and concerns that the proposal does not adequately address worker safety.

Health Canada has mentioned they will continue to review the feedback and determine next steps.

February 2023: Health Canada Publishes Notice of Intent

Government to Review Feedback on Potential Consumer Product Exclusion from the HPA

Health Canada (HC) is requesting feedback from stakeholders about the possible amendment to remove the consumer product exclusion from the Hazardous Products Act (HPA). In Canada, consumer products are regulated under the Canada Consumer Product Safety Act (CCPSA) and its associated regulations, including the Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001).

There has been an increasing concern for the safety of workers using consumer products in the workplace. Consumer products are excluded from the HPA, thus suppliers are not required to provide SDSs and labels compliant with the Act. The objective of the proposal is to have suppliers provide workers and employers with the necessary hazard information required by the HPA and Hazardous Products Regulations (HPR).

Health Canada is considering the following regulatory amendments:

Remove the consumer product exclusion from Schedule 1 of the HPA
Exempt suppliers of consumer products from the labelling requirements of the HPA and HPR;
Require suppliers of consumer products that meet the definition of a hazardous product under the HPA to provide a safety data sheet upon request.

To take part in this consultation, email whmis-simdut@hc-sc.gc.ca to request a comment package.

The consultation will be active until March 16, 2023.

Sources: Government of Canada. (2023). Consultation: Notice of Intent for proposal to remove the consumer product exclusion from the Hazardous Products Act. Retrieved from Government of Canada website.