April 19: TFA Impacts the Hazardous Products Act

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Canada ratified the World Trade Organization Agreement on Trade Facilitation (TFA), which took effect on Feb. 22, 2017. The following provisions in the TFA apply to hazardous products under the Hazardous Products Act (HPA):

  • Hazardous chemicals that don’t comply with the HPA can be returned/re-consigned to the importer for removal from Canada at their expense unless they pose unacceptable risks to human health and safety, in which case they would be seized and not returned.
  • Under the Hazardous Products Regulations, the sale and importation of hazardous products that are “in transit” and aren’t intended for use in a workplace in Canada are exempt from the labelling and SDS requirements.
  • The HPA was amended to provide authority, consistent with other Health Canada laws, to implement international agreements, such as the TFA.