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Vol. 141, No. 45 — November 10, 2007 Order Amending Schedule I to the Hazardous Products Act (Domestic Detectors)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 The Hazardous Products Act (HPA) provides the authority to prohibit or restrict the advertisement, sale or importation of products which are, or are likely to be, a danger to the health or safety of the public. Item 33 of Part I of Schedule I to the HPA prohibits the advertisement, sale or importation of certain detection devices, specifically, audible signal appliances, control units, smoke detectors and heat detectors used in household fire alarm systems and smoke alarms for household use that do not meet the applicable requirements of the listed Underwriters' Laboratories of Canada (ULC) standards. The ULC standards currently referenced are 28 years old and do not provide levels of consumer protection appropriate to current technology. In order to ensure that the referenced standards are always up to date, the proposed amendments will reference standards as amended from time to time. The purposes of the proposed Regulations are twofold: (a) to update the health and safety requirements for domestic detectors to reflect the current versions of ULC standards, as amended from time to time. The new standards are harmonized with the ULC standards used in the United States; and (b) to move the substantive requirements for such detectors from item 33 of Part I of Schedule I to the HPA into a new item in Part II of Schedule I: 47. Domestic detectors as defined in the Domestic Detectors Regulations. In Canada, the National Building Code (NBC) and the National Fire Code (NFC) contain provisions for fire detectors/alarm systems in new homes and buildings. These codes are referred to or adopted into the regulatory framework of most provinces and municipalities in Canada. These regulatory frameworks also include provisions for renovating, restoring and expanding existing buildings which require that their fire detectors/alarm systems be upgraded at the time of these alterations. In all cases these required detectors/alarm systems are required to meet the requirements of all applicable CAN/ULC standards in effect at the time of the construction work. The effect of this combination of codes and requirements is that the great majority of homes and buildings start life with detectors/alarm systems that can be considered state-of-the-art and there are also strong assurances that these systems are upgraded whenever major additions, repairs or renovations are undertaken (i.e. all projects for which building permits and inspections are required by municipal authorities). The requirements for domestic detectors under the HPA are intended to ensure that the products available to the Canadian market would facilitate and complement the effects of the NBC and NFC. Even if someone wanted to use substandard products in their detectors/alarm systems, with the mandatory requirements for domestic detectors, it would be illegal to import, advertise or sell such non-complying products in Canada, and the individual would only be able to acquire those products which met the CAN/ULC standards. Also, individual consumers who wish to add smoke/fire detectors to their property would be assured that the products available also meet the current CAN/ULC standards. The ULC certification of a product involves a contractual agreement between the manufacturer and ULC which allows the ULC trademark to be placed on a product only if the product meets the latest versions of the appropriate standards. ULC undertakes the necessary testing and product monitoring to ensure that production continues to meet the requirements and also conducts recall campaigns if problems are detected in the marketplace. Manufacturers are also constrained by their contractual agreements with ULC and by the requirements of the NBC and provincial regulations to only provide devices and systems which meet the newer standards. If they produce products to the requirements of the current item 33 of Part I of Schedule I to the HPA, there is no agency that will allow the ULC marks to be affixed to these systems, since the ULC contracts insist that the marks be used only on products that are manufactured in accordance with the ULC standards in effect on the date of manufacture, not those from 20 or so years ago. The weakness in this system only appears if someone enters the market with a product that does not conform to the CAN/ULC standards and this person does not ascribe to the ULC contractual commitments. Since the ULC contracts are between the manufacturer and ULC, they do not have force of law on other parties. By regulating domestic detectors under the HPA, Health Canada can provide the legal basis to close this gap and ensure that Canadians enjoy the benefits of the latest in alarm and detector technology. If Health Canada's requirements are left as they now stand, products manufactured to the newest CAN/ULC standards will be in violation of Health Canada's requirements. To avoid this contradiction, and to maintain the level of safety contained within the newer version of the ULC standards, Health Canada needs to update its requirements to align with the newest CAN/ULC standards. Alternatives 1. Adopt the proposed Regulations Adopting the proposed Regulations will be the most efficient option for the Government of Canada to pursue. The ULC standards development process included extensive consultations with stakeholders (including manufacturers and Health Canada) where alternatives were considered. The process also provided advance notice and time for manufacturers to adjust production specifications to bring their products into conformity with the newer standards. 2. Do not adopt the proposed Regulations Not adopting the proposed Regulations will effectively result in a regulatory contradiction. Health Canada would be asking for compliance with 1978 standards while the ULC would be requiring compliance with its latest standards. Health Canada's requirements would prevent the legal importation, advertisement or sale of devices meeting the current ULC standards. The NBC, the NFC and provincial and municipal regulations would be demanding detectors/alarm systems that meet the latest ULC standards but Health Canada's requirements would be preventing such products from appearing in the Canadian marketplace. 3. Adopt standards other than those in the proposed Regulations Adopting standards other than those in the proposed Regulations would result in significant incremental costs for Health Canada and would probably not provide any incremental benefits. The standard setting and consultative processes would be similar as those employed by the ULC, but would require that Health Canada establish and pay for administrative and compliance mechanisms for the new Regulations. Also, quality control benefits accruing from the pre-market evaluation of such products that is an inherent part of the ULC approval process and the enforcement efforts of the ULC would be lost. Finally, such a course would be in opposition to the current requirements of the NBC and most provincial regulations and may well be contradictory to these requirements for no known incremental benefits to the Canadian public. Consultation This proposal is being pre-published, which is providing the public with an opportunity to review the proposal and provide comments. The policies and procedures followed by the ULC in preparing standards for approval under the National Standards System established by the Standards Council of Canada (SCC) are set out in the Manual of Procedure for the Development of National Standards of Canada by Underwriters' Laboratories of Canada and in the Criteria and Procedures for the Preparation and Approval of National Standards of Canada, as published by the SCC. In accordance with the standards development procedures of the SCC, standards are continually maintained and reaffirmed at least every five years. A periodic review is conducted to determine that the standard is still relevant and in line with current practice. Where review is not possible, it is requested that standards be reaffirmed every five years, although no technical changes have been made. In particular, the domestic detector standards are developed by a committee under the Secretariat of ULC with input from consumer groups, fire safety experts, government officials, manufacturers, insurers, and others involved in consensus-type standards development. Representation on this committee is subject to periodic review to ensure that the requisite balance of interests is being maintained. The committee considers all proposals or requests for revisions or amendments to existing domestic detector standards and periodically reviews applicable standards to ensure that they are kept current. Once it has been determined that a domestic detector standard needs to be updated, the ULC then distributes, generally by electronic mail, the draft standard to a wide range of individuals or organizations known to have an interest in the subject area of the standard for comment. The draft standard is also submitted to the Fire Council of the ULC for their review and comment. Health Canada participates in the process that sets and amends domestic detector standards. Compliance and enforcement Compliance will be monitored by ongoing inspection programs. Importers and manufacturers will be able to demonstrate compliance primarily through their involvement with the ULC follow-up services. Follow-up services by ULC include both audits and finished product testing. As a result, no additional Department costs will be necessary to enforce the proposed amendments.
Douglas Jacques
Notice is hereby given that the Governor in Council, pursuant to section 6 (see footnote a) of the Hazardous Products Act, being satisfied that the inclusion of certain prohibited products set out in Part I of Schedule I to that Act is no longer necessary and that certain restricted products are or are likely to be a danger to the health or safety of the public by reason of their design, construction or contents, proposes to make the annexed Order Amending Schedule I to the Hazardous Products Act (Domestic Detectors). 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 Douglas Jacques, Project Officer, Consumer Product Safety Bureau, Product Safety Programme, Healthy Environments and Consumer Safety Branch, Department of Health, Postal Locator: 3504D, 123 Slater Street, Ottawa, Ontario K1A 0K9 (fax: 613-952-9138; e-mail: douglas_jacques@hc-sc.gc.ca). Ottawa, October 25, 2007
MARY PICHETTE
ORDER AMENDING SCHEDULE I TO THE HAZARDOUS PRODUCTS ACT (DOMESTIC DETECTORS) AMENDMENTS 1. Item 33 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 46: 47. Domestic detectors as defined in the Domestic Detectors Regulations. COMING INTO FORCE 3. This Order comes into force on the day on which it is registered. [45-1-o] S.C. 1996, c. 8, s. 26 R.S., c. H-3 |
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