Vol. 143, No. 13 — June 24, 2009

Registration

SOR/2009-179 June 11, 2009

HAZARDOUS PRODUCTS ACT

Regulations Amending Certain Regulations Made under the Hazardous Products Act (Miscellaneous Program)

P.C. 2009-948 June 11, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5 (see footnote a) of the Hazardous Products Act (see footnote b), hereby makes the annexed Regulations Amending Certain Regulations Made under the Hazardous Products Act (Miscellaneous Program).

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE HAZARDOUS PRODUCTS ACT (MISCELLANEOUS PROGRAM)

HAZARDOUS PRODUCTS (EXPANSION GATES AND EXPANDABLE ENCLOSURES) REGULATIONS

1. (1) The definition “indelibly printed” in section 2 of the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations (see footnote 1) is replaced by the following:

“indelibly printed”, in relation to the labelling of a product or of a container in which a product is sold, means marked by means of paint-stencilling, die-stamping, moulding or stamping directly on the product or container or by any other means, in such a manner that the markings do not fade and are not subject to being erased when tested in accordance with section 1 of Schedule I; (inscription indélébile)

(2) The definition “permanently affixed” in the English version of section 2 of the Regulations is replaced by the following:

“permanently affixed”, in relation to the labelling of a product or of a container in which a product is sold, means durably applied by means of a sticker that is fastened or attached to the product or container with an adhesive or other suitable bonding medium or by any other means, and in such a manner that the markings are not readily removable when tested in accordance with section 2 of Schedule I. It does not include affixed by means of a hang tag, stuffing label or padding label; (inscription permanente)

2. Section 3 of the Regulations is replaced by the following:

3. (1) A product may be advertised, sold or imported if it meets the requirements of these Regulations.

(2) Written material that is applied to or that accompanies a product, and any advertisement of a product, are authorized if they do not make any direct or indirect reference to the Act or these Regulations.

3. (1) The portion of subsection 4(1) of the Regulations before paragraph (a) is replaced by the following:

4. (1) Every product must have indelibly printed on it or permanently affixed to it, in English or in French, the following information, clearly and prominently displayed in numerals and block letters at least 2.5 mm in height that contrast sharply with the background by their colour, projection or indentation:

(2) Subsection 4(2) of the English version of the Regulations is replaced by the following:

(2) Every container in which a product is sold must have indelibly printed on it or permanently affixed to it, clearly and prominently, the information described in paragraphs (1)(a) to (c).

(3) The portion of subsection 4(3) of the English version of the Regulations before “WARNING” is replaced by the following:

(3) Subject to subsection (5), every product must have indelibly printed on it or permanently affixed to it, in English and in French, the following warnings, clearly and prominently displayed in numerals and letters that contrast sharply with the background by their colour, projection or indentation:

(4) Subsections 4(4) and (5) of the Regulations are replaced by the following:

(4) The warning required by subsection (3) must be displayed in the following manner:

(a) the headings “WARNING” and “MISE EN GARDE” must be in upper-case block letters at least 5 mm in height; and

(b) the text of the warning must be in numerals and letters at least 2.5 mm in height.

(5) The warning may be displayed in graphics that concisely and readily convey the same meaning as the text of the warning set out in subsection (3).

(5) Subparagraph 4(6)(a)(i) of the English version of the Regulations is replaced by the following:

(i) how the product is to be assembled, if it is not sold fully assembled,

(6) Paragraph 4(6)(b) of the English version of the Regulations is replaced by the following:

(b) the warning set out in subsection (3).

4. Subsection 5(4) of the Regulations is replaced by the following:

(4) Every wooden or plastic part of a product, and every part of a product that is made of a similar hard material, must have a smooth finish without rough or sharp edges, cracks or other defects.

GLAZED CERAMICS AND GLASSWARE REGULATIONS

5. The title of the French version of the Glazed Ceramics and Glassware Regulations (see footnote 2) is replaced by the following:

RÈGLEMENT SUR LES PRODUITS CÉRAMIQUES ÉMAILLÉS ET LES PRODUITS DE VERRE ÉMAILLÉS

6. The definition “product” in section 1 of the Regulations is replaced by the following:

“product” means a product that has all of the following characteristics:

(a) it is completely or partly made of ceramic or glass;

(b) it is completely or partly covered with a coating, glaze or decoration that contains lead or cadmium; and

(c) it is used in storing, preparing or serving food, as defined in section 2 of the Food and Drugs Act. (produit)

7. The heading before section 2 and sections 2 and 3 of the Regulations are replaced by the following:

AUTHORIZATION

2. A product may be advertised, sold or imported if it meets the requirements of these Regulations.

COMING INTO FORCE

8. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations or the Order.)

Issue and objectives

The purpose of this Miscellaneous Regulatory Amendment is to respond to the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) recommendations made on the Glazed Ceramics and Glassware Regulations and on the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations.

Health Canada is responsible for the administration and enforcement of the Hazardous Products Act (HPA) and its regulations. The purpose of the HPA is to protect the health and safety of Canadians by prohibiting or regulating the sale, advertisement and importation of products that are, or are likely, to pose a danger to the health and safety of the public. Glazed ceramics and glassware, and expansion gates and expandable enclosures are regulated under the HPA.

The SJCSR has reviewed these regulations and has determined that there is a problem in the definition of “product” in the Glazed Ceramics and Glassware Regulations and that there are inconsistencies between the French and the English versions of the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations.

Description and rationale

The Glazed Ceramics and Glassware Regulations is being amended such that the definition will no longer make reference to Item 20.1 of Part II of Schedule I to the Hazardous Products Act (HPA). In effect, the new definition will capture the intent of section 3, which will then be repealed. Item 20.1 of Part II of Schedule I to the HPA will also be modified to indicate “glazed ceramic and glass products as defined in the Glazed Ceramics and Glassware Regulations.” These two amendments will make it necessary to amend section 2 to harmonize with the two amendments.

The Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations is being amended to provide greater consistency between the French and the English versions of the Regulations. The French and English versions of the definitions for “indelibly printed” and “permanently affixed” differ. The French definitions refer to “vendu” where the English one refers to “sold, or to be sold.” The “or to be sold” adds nothing to the English definition and will therefore be removed. The same applies to subsection 4(2) and subparagraph (6)(a)(i). Subsections 3(1) and 3(2) in the French and the English versions will be written in terms of allowing the sale of restricted products instead of prohibiting the sale of non-compliant products. The French and the English versions of subsections 4(1) and (4) will be harmonized to be consistent in the use of the terms “block letters,” “upper-case,” “lettres moulées” and “lettres majuscules.” The English version of subsection 4(3) will be harmonized with the French version by replacing “block letters” by “numbers and letters”. The term “message principal” in the French version could confuse the reader; therefore, the provision will be re-written. Finally, the French and English versions of paragraph 5(4) will be harmonized by re-writing the French version to give it the same sense as “every exposed part of a product and each part thereof.”

Consultation

These amendments do not involve any change in safety standards, and will have no impact on industry or the Canadian population; therefore, no consultation was conducted. The purpose of the Miscellaneous Amendment Regulations Program is to simplify the regulatory process and to minimize regulatory costs.

Implementation, enforcement and service standards

These amendments will not affect the existing compliance and enforcement mechanisms for the Glazed Ceramics and Glassware Regulations or the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations.

Contact

Alison MacPherson
Senior Policy Analyst
Consumer Product Safety Directorate
Healthy Environments and Consumer Safety Branch
Department of Health
MacDonald Building, 8th Floor
123 Slater Street
Address Locator 3508D
Ottawa, Ontario
K1A 0K9
Fax: 613-946-1100
Email: alison_macpherson@hc-sc.gc.ca

Footnote a
S.C. 2004, c. 9, s. 2

Footnote b
R.S., c. H-3

Footnote 1
SOR/90-39

Footnote 2
SOR/98-176; SOR/2007-30

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