ESS ESS CAN REACH

Regulatory ESSENTIAL

Canada - REACH

Regulatory ESSENTIALS - modular information package with all the essential information for compliant products in your target market. Conveniently read online at Product-Compliance-Portal ROGER WILLCO.

Chemical; material compliance; substance; substance of very high concern; SVHC; REACH

Scope:	This ESSENTIAL contains an overview of some regulations concerning the restriction of certain substances in Canada. (Please note that there a various Regulations which cannot be presented all in this ESSENTIAL.) The specific requirements and obligations for manufacturers and/or users can be found in the regulations.
Stakeholders:	User
Legislation in force:	The applicable legislation is the so-called CEPA 1999 - Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33) which is mandatory since 2000-03-31. The CEPA 1999 is the basis for several regulations restricting certain substances. Some of the main regulations are listed below. Hazardous Materials Information Review Act (R.S.C., 1985, c. 24 (3rd Supp.), Part III) Prohibition of Certain Toxic Substances Regulations, 2012 (SOR/2012-285) This Regulation was adopted to prohibit the manufacture, use, sale, offering for sale and import of certain toxic substances listed in Annexes 1 and 2. PFAS: The Prohibition Regulations prohibit the manufacture, use, sale and import of PFOS, PFOA and LC-PFCAs and products containing these substances, subject to certain limited exceptions and permitted activities, including for use in certain AFFF fire-fighting foams and photolithography and photographic film. Hazardous Products Act (R.S.C., 1985, c. H-3) "hazardous product" means any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) in a category or subcategory of a hazard class listed in Schedule 2; "manufactured article" means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product; Application 12 This Part does not apply in respect of the sale or importation of any (i) manufactured article;
Application national:	substances, toxic substances, hazardous products, manufactured articles
Countries:	Canada,
Comment on the comparability to EU legislation:	It is challenging to find out the legislation regarding material compliance because the requirements are set forth in seperate Regulations for certain substances. ...
Status:	Published 2020-06-25 by Inken Green and Linda Kritzler Last change 2024-05-22 by Inken Green: Market surveillance authority, Chemical requirements (general) (REACH)
ROGER WILLCO ID:	#n96w
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Content of this Essential

Scope of this ESSENTIAL

This ESSENTIAL contains an overview of some regulations concerning the restriction of certain substances in Canada.
(Please note that there a various Regulations which cannot be presented all in this ESSENTIAL.)
The specific requirements and obligations for manufacturers and/or users can be found in the regulations.'

Abbreviations

Here you will get textual information

Important abbreviations which are special for this legislation or theme.

Hints

Here you will get textual information

Specific recommendations, information or most common mistakes

Analysis of regulatory requirements

Legislation in force for this PCT

Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Hints

Here you will get textual information

Specific recommendations, information or most common mistakes

Scope of legislation

Part 5 Controlling toxic substances of the CEPA 1999
For the purposes of this Part, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that
(a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;
(b) constitute or may constitute a danger to the environment on which life depends; or
(c) constitute or may constitute a danger in Canada to human life or health.

Categorization of substances on Domestic Substances List
73 (1) The Ministers shall (...) categorize the substances that are on the Domestic Substances List by virtue of section 66, for the purpose of identifying the substances on the List that, in their opinion and on the basis of available information,
(a) may present, to individuals in Canada, the greatest potential for exposure; or
(b) are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to human beings or to non-human organisms, as determined by laboratory or other studies.'

Responsible actors

Here you will get textual information

Which actor(s) are responsible for compliance with the legal provisions: e. g. - economic operators (manufacturer, importer, distributor, fulfilment service provider), - user (commercial/industrial/professional), - user (private, consumer)?

Regulatory market access conditions for the actor(s)

Here you will get textual information

What are the main regulatory requirements (e. g. conformity assessment fulfilment of essential requirements of Annex I 2006/42/EC) prior placing on the market, importation and putting into service (brief description)

Penalty by this legislation

Here you will get textual information

What are the possible penalties (e. g. sales ban, fines) in the case of non-compliance?

Exemption clauses

Here you will get textual information

Exempted devices/products or industry sectors.

Sub-federal legislation of states/counties

Here you will get textual information

E. g. by 2019 an Inter-Governmental Agreement (IGA) on governance of the Electrical Equipment Safety System (EESS) has been signed by Queensland, Victoria, Western Australia and Tasmania.

FTA/MRA status with EU

Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Has the country signed a Free Trade Agreement (FTA) or a Mutual recognition agreement (MRA) with EU?

Authority

Here you will get related hyperlink(s)

Name of the authority for approval, registration, market surveillance and/or enforcement

Link/Reference to other reference document(s)

Here you will get related hyperlink(s)

Link/Reference to other reference document(s)

Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Comment on the comparability to EU legislation

Here you will get textual information

Hints

Here you will get a image or chart

Specific recommendations, information or most common mistakes

General Information:

Code, Continent	CAN, America
Economic Area	APEC
Official Language	English; French - Official Languages Act (R.S.C., 1985, c. 31 (4th Supp.)) \| https://laws-lois.justice.gc.ca/eng/acts/o-3.01/fulltext.html
Standard Institute	Standards Council of Canada (SCC) \| https://www.scc.ca/ Canadian Standards Association (CSA) \|https://www.csagroup.org/
HS Codemember	Yes

Chemicals (REACH)

Canada