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ARCHIVED - Advisories

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Regulatory initiatives

Policies / Guidelines

Regulatory (Controlled Products Regulations) Initiatives:

Radioactive mixtures - controlled product carrier materials in:

Amendment - These amendments to the CPR provide special rules for the labelling of, and small quantity exemptions for, non-radioactive, hazardous carrier materials in radioactive mixtures that are no longer be excluded from WHMIS because of the presence of the radioactive nuclides. The modified WHMIS supplier label is in addition to, and separate from, the labelling requirements for radioactive nuclides administered by the Atomic Energy Control Board's (AECB) successor organization, the Canadian Nuclear Safety Commission (CNSC).

Rationale - The Nuclear Substances Control Act (NSCA), S.C. 1996-97, c.9, administered by the CNSC, redefines nuclear substances to include only the radioactive components of radio nuclide mixtures. Therefore, non radioactive controlled product carrier materials in radioactive mixtures are subject to the WHMIS requirements of the HPA (even though the WHMIS exclusion for radioactive materials under paragraph 12(d) of the HPA will remain).

The NSCA came into force on May 31, 2000 when the previous AECB regulatory regime was replaced by a series of new regulations. A set of WHMIS-equivalent workplace safety regulations for radioactive materials (as recommended by Parliamentary Committee), that are based on the powers set out in the NSCA, is anticipated to come into force in the Fall of 2001.

Prepublication - January 20, 2001; Canada Gazette Part I

Registration - SOR/2001-254, July 12, 2001.

Publication - August 1, 2001; Canada Gazette Part II, Vol. 135, No. 16

Contact - Regarding requirements under the NSC Act, see the CNSC web site: Next link will take you to another Web site http://www.nuclearsafety.gc.ca/index.htm. Regarding proposed amendments to the CPR contact the National WHMIS Office, Health Canada.

Referenced tests and lists (including carcinogenicity criteria):

Proposal - As per the "Referenced Tests & Lists" page on this site, it is proposed that the references to tests and lists in the CPR be updated. It is also proposed that paragraph 54(b) of the CPR be amended to reference ACGIH "A3" as a criterion for carcinogenicity.

Rationale - The up-dating of referenced tests and lists is necessary to ensure that they are accessible to regulated persons. Justice Canada has requested that federal regulatory programs expedite amendments to regulations that up-date referenced standards and test methods.

The Hazardous Products Act (HPA) and the CPR are standards-based regulatory regimes. To ensure the continued enforceability of the CPR, Health Canada proposes:

  1. to up-date the standards and tests referenced within the CPR to their latest version; and
  2. in accordance with subsection 15(3) of the HPA, to reference the up-dated documents in an ambulatory manner ("as amended from time to time").
    This means that they will automatically be up-dated in the CPR whenever the responsible standards-writing organization, (for example, the OECD), up-dates them.

Contact -National WHMIS Office.

Pest Control Products - establishment of WHMIS "equivalency":

"The Government [of Canada] will consider establishing a system of WHMIS equivalency under the Pest Control Products Act, including WHMIS label standards and requirements for MSDSs ..."; ref.: Government Response to the Report of the House of Commons Standing Committee on the Environment and Sustainable Development, item 1.2.6: http://www.hc-sc.gc.ca/pmra-arla/english/spm/spm-e.html

Policies / Guidelines

Classification - acute toxicity; fixed dose method:

For information regarding the use of data from OECD Test Guideline 420 [Fixed Dose Method (FDM)] which measures acute oral toxicity in animals, see: http://www.hc-sc.gc.ca/hecs-sesc/whmis/acute_oral_toxicity.htm

Classification - maternal toxicity (when assessing embryotoxicity):

The regulatory agencies have adopted a policy which sets out which indicators of maternal toxicity should be evaluated when determining whether embryo-fetal or developmental toxicity has occurred at "a concentration that has no adverse effect on the pregnant female". This policy is set out in the Health Canada Reference Manual corresponding to section 53 of the Controlled Products Regulations.

MSDSs - first aid:

The regulatory agencies have developed suggested first aid statements for MSDSs and labels. See index to Health Canada Reference Manual.

MSDSs - personal protective equipment (PPE):

The regulatory agencies have adopted guidelines for PPE disclosure:
http://www.hc-sc.gc.ca/hecs-sesc/whmis/msds.htm

MSDSs - toxicological information:

The regulatory agencies have adopted "Guidelines for the Disclosure of Toxicological Information on a Material Safety Data Sheet":
http://www.hc-sc.gc.ca/hecs-sesc/whmis/info_bulletin.htm