Acids and Bases Assessment; UV/Ozone Device Rules

Summary#

The federal government published a draft screening assessment under the Canadian Environmental Protection Act, 1999 for the Acids and Bases Group of 22 substances, and is proposing no further federal action at this time for most of them. The government also published a proposed change to the Pest Control Products Regulations to make permanent (with some clarifications) rules from an earlier interim order about ultraviolet radiation‑emitting devices and ozone‑generating devices; the amendments are set to take effect on June 8, 2022.

What it does#

• Environment-related (screening assessment)

  • The draft assessment (by Environment and Climate Change Canada and Health Canada) looked at 22 substances grouped as the Acids and Bases Group.
  • It proposes to conclude that 16 substances do not meet the environmental-risk criteria in section 64 of the Act.
  • It proposes to conclude that 6 substances (including chlorine and chlorine dioxide) do not meet the human‑health criterion in paragraph 64(c). For these six, the conclusion is limited to the human‑health criterion because ecological risks were addressed previously.
  • The notice opens a public comment period of 60 days for people to submit written comments on the proposal and the scientific evidence.

• UV and ozone device rules (Pest Control Products Regulations)

  • Health Canada proposes to convert the earlier Interim Order into permanent regulation, with some minor clarifications.
  • Key planned changes include:
    • Requiring registration for certain UV and ozone devices that claim to control or kill microbes, while allowing some devices to be sold without registration if they meet specific safety and labelling conditions.
    • Allowing users to replace ultraviolet lamps or LEDs in authorized devices if label instructions prevent UV exposure.
    • Treating ultraviolet lamps/components used in authorized devices as authorized themselves (so they would not need separate registration).
    • Confirming that drinking water treatment systems are not subject to these rules.
    • Requiring registration for devices that produce other substances (e.g. ozone or hydroxyls) during operation.
    • Updating labelling requirements and giving a six‑month transition for a revised infection‑control label statement.
  • The agency says overall costs to business are expected to be low.
  • The consultation period is 45 calendar days, ending January 17, 2022, and Health Canada held a webinar on December 14, 2021 about the proposal.

Who's affected#

• For the chemical screening assessment:

  • Manufacturers, importers and users of the 22 substances in the Acids and Bases Group.
  • Businesses that use these substances in products or processes described in the assessment (for example, paints and coatings, disinfectants, cleaning products, food‑related uses, fertilizers and industrial uses noted in the assessment).
  • Members of the public or organizations who want to comment on the draft scientific assessment.

• For the UV and ozone device rules:

  • Manufacturers, importers, distributors and retailers of ultraviolet radiation‑emitting devices and ozone‑generating devices marketed to control or inactivate microbes (outside pools, spas and wastewater systems).
  • Consumers and institutions that buy or use these devices.
  • Makers of replacement lamps or UV components (because the proposal addresses how these are authorized).
  • Medical devices that are Class II, III and IV remain exempt from these Pest Control Products Rules (they are regulated under the Medical Devices Regulations instead).

Why it matters#

• The screening assessment signals that, based on current evidence and use patterns, the federal government does not plan regulatory action now for most of these common acids and bases. That affects whether companies face new restrictions and tells the public about the assessed environmental and health risks.
• The proposed Pest Control Products Regulations change keeps tighter controls on UV and ozone devices that are marketed to kill microbes. That aims to reduce the risk of people buying or using devices that are unsafe or ineffective, while allowing clearly safe configurations to be sold with appropriate labels and, in some cases, without full registration.
• Both notices give the public opportunities to comment: 60 days for the chemicals assessment and 45 calendar days (to January 17, 2022) for the device rules. Comments can affect final decisions.