SOR/2016-164: Asbestos Products Regulations
REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE
June 23, 2016
REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the regulations.) Issues On June 20, 2011, the Canada Consumer Product Safety Act (CCPSA) came into force and replaced Part I and Schedule I to the Hazardous Products Act (HPA). The CCPSA modernized and strengthened consumer product safety laws to further help protect the health and safety of Canadians. Leading up to this, in Feb... (Click for more)
Published on June 23, 2016
SOR/2016-164: Asbestos Products Regulations
REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the regulations.) Issues On June 20, 2011, the Canada Consumer Product Safety Act (CCPSA) came into force and replaced Part I and Schedule I to the Hazardous Products Act (HPA). The CCPSA modernized and strengthened consumer product safety laws to further help protect the health and safety of Canadians. Leading up to this, in February 2011, several consumer product regulations made under the HPA were amended, replaced or newly enacted in order to address regulatory gaps which would otherwise have occurred when the CCPSA came into force. However, a number of regulations were not revised at the time and some issues have been identified. In particular, the scope of application of some regulations is inconsistent with that of the CCPSA, some regulations still contain some provisions more relevant to the HPA than the CCPSA, the regulations do not reflect current legislative drafting practices, and some regulations incorporated by reference product safety standards that are out of date and have been reaffirmed. Additionally, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has made recommendations regarding inconsistencies between the English and French versions of three regulations. Objectives The objective of the present initiative is to build on the 2011 regulatory revisions and make non-substantive administrative changes to the following 32 regulations under the CCPSA: Asbestos Products Regulations, Candles Regulations, Carbonated Beverage Glass Containers Regulations, Carriages and Strollers Regulations, Children’s Jewellery Regulations, Children’s Sleepwear Regulations, Consumer Chemicals and Containers Regulations, 2001, Consumer Products Containing Lead (Contact with Mouth) Regulations, Corded Window Covering Products Regulations, Face Protectors for Ice Hockey and Box Lacrosse Players Regulations, Glass Doors and Enclosures Regulations, Glazed Ceramics and Glassware Regulations, Hazardous Products (Carpet) Regulations, Hazardous Products (Cellulose Insulation) Regulations, Hazardous Products (Charcoal) Regulations, Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations, Hazardous Products (Infant Feeding Bottle Nipples) Regulations, Hazardous Products (Kettles) Regulations, Hazardous Products (Matches) Regulations, Hazardous Products (Mattresses) Regulations, Hazardous Products (Pacifiers) Regulations, Hazardous Products (Tents) Regulations, Ice Hockey Helmet Regulations, Lighters Regulations, Phthalates Regulations, Playpens Regulations, Residential Detectors Regulations, Restraint Systems and Booster Seats for Motor Vehicles Regulations, Science Education Sets Regulations, Surface Coating Materials Regulations, Textile Flammability Regulations, and Toys Regulations. No substantive changes to regulatory requirements for consumer products will occur as a result of this initiative. Description Scope of application The scope of application of the regulations is being revised to match that of the CCPSA by including the manufacture of consumer products. The former HPA legislation provided authority to regulate the importation, sale or advertising of consumer products but did not expressly regulate the manufacture of those products in Canada. It is no longer necessary to expressly include importation, sale or advertising in the regulations made under the CCPSA, as section 6 of the Act itself provides that no person shall manufacture, import, advertise or sell a consumer product that does not meet the requirements set out in the regulations. In some instances, expanding the scope of application to include manufacturing of consumer products is accomplished by deleting “advertised, sold or imported” within a provision. For example, the Kettles Regulations, which stated that “A product may be advertised, sold or imported into Canada if it does not release more than 0.01 ppm w/w lead”, now state that “A kettle must not release more than 0.01 ppm lead”. In other instances, an entire provision is deleted such as in section 2 of the Toys Regulations where the statement “These Regulations apply to the importation, advertising and sale of toys” is being removed. Section 6 of the Act applies and no person shall manufacture, import, advertise or sell consumer products that do not meet the requirements set out in the regulations. References to the HPA Many of the existing CCPSA regulations still contain references to “Hazardous Products” in their titles, which is not consistent with the CCPSA. As well, some consumer products are defined in the regulations by reference to the former HPA Schedule I. Regulations under the authority of the CCPSA which contain “Hazardous Products” in their titles have been amended to remove the reference to “Hazardous Products”. For example, the Hazardous Products (Charcoal) Regulations are replaced by the Charcoal Regulations. Regulations that define consumer products by referencing the former HPA are also revised. For example, “charcoal” is defined under the existing Hazardous Products (Charcoal) Regulations as meaning “any charcoal described in item 24 of Part II of the schedule to the Hazardous Products Act”. Item 24 of Part II of the former Schedule I to the HPA further defines “charcoal” as that which is “for use in domestic cooking or heating”. This definition of the product requires stakeholders to refer to the repealed legislation in order to determine the full definition of the product. These changes incorporate the language used in the former Schedule I to the HPA into the CCPSA regulations themselves and thus clarify for industry the scope of products under the regulations. For example, the Charcoal Regulations now define “charcoal” as “charcoal for use in domestic cooking or heating”. Lastly, some of the regulations define the “Act” as being the Hazardous Products Act. These references are either removed or amended to reference the Canada Consumer Product Safety Act, as appropriate. Housekeeping revisions Housekeeping revisions have been made to the regulations which are administrative in nature and do not introduce any new requirements. These revisions modernize the regulations and update static references. The regulations have been further updated to reflect current legislative practices. For example, many of the regulations include a “Short Title” in section 1. In the Hazardous Products (Charcoal) Regulations, the short title states, “These Regulations may be cited as the Hazardous Products (Charcoal) Regulations”. According to current drafting practices, this is no longer necessary and has been deleted in all regulations where it occurs, which has resulted in a renumbering of the sections in the implicated regulations. Many of the regulations under the authority of the CCPSA contain static incorporation by reference to versions of standards that were in use at the time the regulations came into force. However, standards are regularly reviewed by their respective Standards Development Organizations. When a standard is reviewed and no changes are made to the content, the standard is reaffirmed and is updated with a more recent date of publication. These updates usually occur more rapidly than Health Canada can update the regulations, which leads to regulations that incorporate by reference outdated versions of standards if it is a static reference and which may lead to difficulties for stakeholders in acquiring the out-of-date standard. Therefore, regulations that contain static references to standards which have been reaffirmed, but no other changes made to the requirements, have been updated to align with the most current versions of the standards. Standing Joint Committee for the Scrutiny of Regulations (SJCSR) Specific sections of the Textile Flammability Regulations, the Glass Doors and Enclosures Regulations and the Corded Window Covering Products Regulations are revised to address concerns raised by the SJCSR regarding inconsistencies between the English and French versions. The Textile Flammability Regulations set out flammability requirements for textile products and bedding, excluding the products listed in section 2 that must comply with different flammability requirements under the CCPSA. The SJCSR identified wording inconsistencies between the French and English versions. To address the identified inconsistencies, paragraph 2(f) of the Textile Flammability Regulations now excludes “textile floor coverings” in the English version and “revêtements de sol textiles” in the French version from the Regulations, thereby ensuring consistency in wording between the versions. Changes made to the Textile Flammability Regulations are also reflected in the Textile Floor Coverings Regulations made under the CCPSA. Subsection 3(2) of the Glass Doors and Enclosures Regulations in the English version now specifies that the responsible person must provide “any of the documents”, which means, by using the definite article “the”, that the documents in subsection (1) are those referred to. Similarly, subsection 5(2) of the Corded Window Covering Products Regulations in English now specifies that the responsible person must provide “any of the documents”. “One-for-One” Rule The “One-for-One” Rule does not apply since there is no change in administrative costs to business. Small business lens The small business lens does not apply since there is no impact on small business. Consultation These changes do not involve any change in industry’s product safety obligations, and will have no impact on the health or safety of the Canadian population. Therefore, no consultation was conducted. The purpose of using the exemptions from the prepublication process is to simplify the regulatory process and to minimize regulatory costs. Rationale These administrative changes to the regulations have no policy implications; they reflect current legislative drafting practices, correct inconsistencies between the English and French versions and bring certain product safety standards incorporated by reference up to date with the most current versions. The revisions further remove references to the HPA, and ensure that the scope of application of these regulations is consistent with that of the CCPSA. The revisions have no impact and impose no cost on stakeholders, nor do they modify any requirements in the regulations. Implementation, enforcement and service standards These changes will not affect the existing compliance and enforcement mechanisms. Contact Sheila Davidson Project Officer Consumer Product Safety Directorate Healthy Environments and Consumer Safety Branch Department of Health 269 Laurier Avenue, 8th Floor Address Locator: 4908B Ottawa, Ontario K1A 0K9 Fax: 613-952-2551 Email: [email protected] Footnote a S.C. 2010, c. 21 Footnote 1 SOR/2007-260
This Bill does not amend any statutes.
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