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Vol. 141, No. 44 — November 3, 2007 Order Amending Schedule I to the Hazardous Products Act (Glass Doors and Enclosures)Statutory authority Hazardous Products Act Sponsoring department Department of Health REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order or the Regulations.) Description This proposed initiative is to amend the current Safety Glass Regulations of the Hazardous Products Act (HPA) such that the tests referenced therein are in harmonization with those referenced in the National Building Code of Canada (NBC). In addition, the intention is to amend Schedule I to the HPA such that the item concerning glass doors and enclosures is moved from Part I, prohibited products, to Part II, restricted products. Items in Part II, restricted products, have conditions on their sale, advertisement, and importation, while those in Part I are prohibited from sale, advertisement, and importation. Since the item concerning glass doors and enclosures does have associated conditions, it will be moved to Part II. The title of the Regulations will also be changed from Safety Glass Regulations to Glass Doors and Enclosures Regulations, as the regulated product is not the glass, but the door or enclosure that contains the glass. This initiative does not change the original intention of the Safety Glass Regulations, which is to complement the specifications of the NBC and provide minimum safety requirements for specific types of household-use doors and enclosures that contain glass: shower doors, bathtub enclosures, storm doors, patio doors, and exterior doors containing a pane of glass larger than 0.5 m2 in area, the lowest edge of which is less than 900 mm from the bottom edge of the door. The advertisement, sale or importation of these products is prohibited in Canada, if the glass with which they are constructed does not pass the tests specified in the Regulations. The Regulations were implemented to reduce the number and severity of cutting and piercing injuries due to human impact with vertical panes of glass. The tests specified in the Regulations reference Standard for Glass: Safety, for Building Construction, 12-GP-1b, August, 1971, and Standard for Glass: Wired, Safety, for Building Construction, 12-GP-11, January, 1973, both published by the Canadian General Standards Board (CGSB). The tests consist of impact tests and boiling water tests for laminated glass, and impact tests for tempered and wired glass. The NBC currently contains references from the most recent CAN/CGSB 12.1-M90 Tempered or Laminated Safety Glass, and CAN/CGSB 12.11-M90 Wired Safety Glass, published in 1990 by the CGSB. The NBC is incorporated, in whole or in part, into many provincial and territorial building codes. In addition to harmonization with the NBC, there are safety considerations; the tests in the revised standards are more representative of normal-use conditions compared to those currently referenced in the Regulations. The revised standard for tempered and laminated glass specifies tests more representative of human body impact with glass that would normally result in cutting and piercing injuries. That is, the impact tests currently referenced involve both a shot bag drop and a steel ball drop onto a horizontally oriented specimen of glass. The revised tests involve a pendulum drop of a shot bag into a vertically oriented specimen. In addition to referencing the revised standards, the proposed regulatory amendments include the provision that the company responsible for the product in Canada will be required to keep records, for a period of four years, showing that the glass in the doors and enclosures meets the requirements of the Regulations, and to produce such records upon request by Health Canada. Alternatives One alternative to amending the Regulations is the status quo. In addition to the safety considerations outlined above, this option is not deemed viable because industry no longer employs the standards currently referenced in the Regulations. Another alternative is repealing the current Regulations, which leads to voluntary compliance. It is expected that established glass manufacturers in Canada who already meet the standards would continue to do so regardless of whether it was prescribed by law. However, new fabricators or importers of glass doors and enclosures who choose not to comply would not be subject to enforcement action by Health Canada Consumer Product Safety officers. It is believed that the majority of glass doors and enclosures on the Canadian marketplace are fabricated with glass that is made in Canada. However, the possibility remains for non-compliant glass destined for use in doors and enclosures, or for finished glass doors or enclosures, to be imported into Canada. Maintaining enforcement capabilities at the national level is prudent for the following reason. Glass doors and enclosures must meet applicable provincial and territorial building codes. Enforcement of the applicable codes is typically performed by local and municipal authorities, during the construction of the residence in question. In contrast, enforcement of the HPA includes inspection at retail, manufacturer, and importer level, which allows for greater ease of corrective measures for products found to be non-compliant. Benefits and costs Industry will most likely not incur increased costs as a result of the proposed regulatory amendments, which consist of updating the referenced test methods, and adding a record-keeping requirement. Industry is currently testing to the revised standards, rather than the standards currently specified in the Regulations. This was demonstrated by a survey conducted by Health Canada in February of 2005. Of the major glass manufacturers in Canada surveyed, all of them currently have their glass tested in accordance with the revised CGSB standards or other international standards in which the applicable impact and boil tests are equivalent to the revised CGSB standards. Harmonization with other legislation and standards is in the best interest of consumers, regulatory authorities and industry stakeholders, including manufacturers and testing laboratories. The record-keeping requirement is not expected to cause extra costs to industry because it is good business practice to maintain these records regardless of whether it is required by law, and it is expected that this already occurs. Consultation A survey was conducted in February of 2005 to determine which standards the industry currently employs, and to advise the industry that the Department is proposing to amend the Regulations. Ontario has the greatest number of manufacturers and wholesalers of glass per province, and it was determined that a survey in Ontario would provide a representative view of the Canadian glass manufacturing industry. Of the 15 companies which participated, all have their glass tested in accordance with the revised CGSB standards or other international standards in which the applicable tests are equivalent to the revised CGSB standards. Consultation was not conducted with the general public because the industry standards currently in use serve to protect the general public, and objection to the proposed amendments by members of the public is not expected. Compliance and enforcement The proposed amendments alter the existing compliance mechanisms only to the extent that the industry will be required to keep and produce records of test reports for four years and submit them upon request by Health Canada. Compliance and enforcement activities will continue to be undertaken by the Health Canada Consumer Product Safety officers, under the authority of the Hazardous Products Act and Regulations.
Shannon Whittle
Notice is hereby given that the Governor in Council, pursuant to section 6 (see footnote a) of the Hazardous Products Act, proposes to make the annexed Order Amending Schedule I to the Hazardous Products Act (Glass Doors and Enclosures). Interested persons may make representations concerning the proposed Order within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Shannon Whittle, Project Officer, Consumer Product Safety Bureau, Product Safety Programme, Healthy Environments and Consumer Safety Branch, Department of Health, Postal Locator: 3504D, MacDonald Building, 123 Slater Street, Ottawa, Ontario K1A 0K9 (fax: 613-952-9138; e-mail: shannon_whittle@hc-sc.gc.ca). Ottawa, October 25, 2007
MARY PICHETTE ORDER AMENDING SCHEDULE I TO THE HAZARDOUS PRODUCTS ACT (GLASS DOORS AND ENCLOSURES) AMENDMENTS 1. Item 17 of Part I of Schedule I to the Hazardous Products Act (see footnote 1) is repealed. 2. Part II of Schedule I to the Act is amended by adding the following after item 3: 4. Glass doors and enclosures, as defined in the Glass Doors and Enclosures Regulations. COMING INTO FORCE 3. This Order comes into force on the day on which it is registered. [44-1-o] S.C. 1996, c. 8, s. 26 R.S., c. H-3
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