Canada Files NOI on Labeling of Toxic Chemicals in Products

By Krystal Spickler, program manager, Supply Chain team, UL Solutions 

In Oct. 2022, the Canadian Government published a notice of intent (NOI) regarding future requirements for the labeling of toxic substances in consumer products. Action would be proposed under the Canadian Environmental Protection Act, 1999 (CEPA). 

CEPA was originally enacted to encourage pollution prevention and protect human safety and the environment. Much of its focus is on toxic substances or hazardous chemicals, but the wide breadth of the Act allows measures to be added over time as new issues become known. Examples of routine activities include assessment and management of substances, as well as mitigating harm to the environment through regulation of pollution, waste, and emissions.

Cosmetics, cleaning products, and flame retardants in upholstered furniture are several product categories mentioned in the notice. Future amendments to CEPA would be targeted and require disclosure of substances listed on Schedule 1 of CEPA. Labeling is an existing requirement in several regulations enacted under the Act, such as Products Containing Mercury Regulations and Formaldehyde Emissions from Composite Wood Products Regulations, and can include information needed for product disposal or declaration of permitted product concentrations. The NOI also confirms that existing consumer product labeling practices will be considered (for example the Canadian Consumer Product Safety Act). The Government of Canada also will examine the applicability of both physical labels and consumer-facing electronic formats. 

A policy is anticipated to be published this year and will include a consultation period. 

References

• Notice of Intent -- Canada Gazette, Part 1, Volume 156, Number 44
• Canadian Environmental Protection Act, 1999 Resources