In-transit, manufactured for export, and editorial/transportation changes
IN-TRANSIT OR “FOR EXPORT” PMRA-UNREGISTERED PESTICIDES & WHMIS-STYLE HAZARD COMMUNICATION
Those involved in manufacture, import, storage or transportation of pesticides, which are not registered for use in Canada may soon see reference to GHS-style documentation accompanying foreign products while they are in Canada. This amendment is partly as a result of a relaxation of the “in-transit” prohibition on pesticides (“pest control products” or PCP) that are not registered for use in Canada (required as a result of the government’s support of the 2017 World Trade Organization’s ratification of the 2014 Trade Facilitation Agreement – TFA).
Until recently, there was a general prohibition in the Canadian PCP legislation that, in general, prohibited the: manufacture, possession, handling, storage, transportation, import, distribution, or use of unregistered pest control products. An amendment to the PCPR adopted in Canada Gazette II (CG II) on December 26, 2018 includes authorization of import/export for “Products not Intended for the Canadian Market”.
WHMIS 2015, as specified in the Hazardous Products Act (HPA) s. 12/Schedule 1, excludes “pest control products”, as defined in the PCP Act (PCPA), from the WHMIS regulations. This wasn’t perceived to be a safety issue since, up until the recognition of the TFA only registered PCP were authorized for general manufacture, possession, handling, storage, transportation, import, distribution, or use. There are limited exceptions, but only under specified circumstances, Continue Reading…
The Canadian Transportation of Dangerous Goods Regulations (TDGR) were uncharacteristically quiet in 2018. This represents the first year in a 5-year stretch where stakeholders didn’t see at least one amendment to the TDGR.
That doesn’t mean, however, that there was no activity within this very active government department. For example, in keeping with the move to adopting ambulatory references to cited standards, the responsibility for several standards (e.g., TP14850 small container performance packaging, and TP14877 rail containers) began their return to the Canadian General Standards Board. In addition, there were various consultations on topics such as ERAPs (TDGR Part 7), and discussion of training requirements (TDGR Part 6) – the latter in conjunction with establishing a CGSB committee.
NEW & ONGOING RESEARCH
Various research projects were explored in 2018 including collaboration on examining crude oil flammability, properties of produced water in oil and gas activities, as well as validation testing of a proposed SAE standard for lithium battery packaging. These activities a
Various topics referenced above and others undertaken in the 2016-2018 period were given status updates, including proposed Canada Gazette (CG) I (final consultation) or II (final amendment) at a late November GPAC (General Policy Advisory Council) session:
The Workplace Hazardous Materials Information System (WHMIS) is due for its greatest shakeup ever, as the Globally Harmonized System (GHS) is introduced to replace the current rules for classification and labelling, in a process sometimes called “WHMIS 2.0”. This will mark the greatest change ever to the venerable WHMIS system, first introduced in 1988, and will be a giant step forward for international harmonization.
The current WHMIS standard is uniquely Canadian, using a classification and labelling system different from those used by other countries. The GHS standard will bring Canada’s hazard communication system in line with the rest of the world. Harmonization should result in significant savings for Canadian manufacturers and distributors, while making sure that workers still receive the information they need to stay safe.
But time is running out for Canada – the European Union (EU) and United States have already implemented their systems, which are due to become mandatory June 1 next year. Health Canada, the federal department that administers WHMIS through the current Controlled Product Regulations (CPR), has little time left to introduce the GHS and have it in place by next year.
The Importance of WHMIS 2.0
Why is this important? WHMIS was developed by Canadians, without considering how hazard communication works in other countries. It uses a unique classification scheme, as well as a labelling system different from both the Continue Reading…
Transport Canada Proposes Changes Requiring Classification Records, Shipper’s Certification for all DG in Addition to Rail/Crude Standards
The fall-out from the Lac Mégantic disaster, as well as earlier and subsequent incidents, has lead Transport Canada to propose changes to the TDGR (Transportation of Dangerous Goods regulations) that go beyond rail car design/evaluation and testing of crude oil.
Despite the titling of the January 11, 2014 Canada Gazette I “Proposed Regulations Section” – i.e. “Regulations … (Safety Standard TP14877: Containers for Transport of Dangerous Goods by Rail) …” – the proposal also includes 2 items applicable to all DG and modes of transport.
Proof of Classification: Part 2.2.1 would be added requiring all consignors offering or importing any DG to maintain records establishing proof of classification (& just an MSDS won’t do). The records (e.g.: test reports, documentation of how the information on an MSDS was used, etc.) would have to be maintained for each technical name for two years. See sections 2 through 4 of the Gazette notice.
Consignor’s Certification: Part 3.6.1 would be added, requiring a shipper (individual acting on behalf of the consignor) to sign one of 3 prescribed (as applicable to the shipment) statements on the shipping document, for any DG shipment, verifying that the consignment complies with the regulations in all respects. See sections 5 through 7 of the Gazette notice.
The following proposed amendments to the Transportation of Dangerous Goods Regulations were presented by J.S. Bergeron, Regional Manager, TC at the Canadian Association of Chemical Distributors (CACD) semi-annual meeting recently:
Part 7 Emergency Response Assistance Plan: now with Justice, expect to see in Gazette I before year end,
Titled “Back to the Future”: returning to pre-Amendment 6 for Section 4.15 Dangerous Goods Safety Marks on a Large Means of Containment: Placards and UN Numbers: correcting safety mark errors, etc. Consultation will be the end of November, early December,
Clean up of the standards; discussion centred on CGSB-43.147 Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transporting of Dangerous Goods by Rail, & CGSB-43.126 Remanufacturing and Reconditioning of Drums Used for the Transportation of Dangerous Goods; adoption of rail standards; end of year?
Adopt the 15th Edition of the UN Model Regulations; harmonization of TIH’s (toxic inhalation hazards); early next year
Changes to Part 12 Air re: domestic provisions and isolated areas; there is an internal discussion at Transport Canada going on now.