Canadian-certified Respirators Allowed in Federal Workplaces

Summary#

The final regulations titled Regulations Amending Certain Regulations Made Under the Canada Labour Code (Respiratory Protective Equipment) update federal workplace safety rules to allow Canadian-certified respirators as an alternative to U.S.-certified ones. They were published in the Canada Gazette, Part II on May 11, 2022 and came into force on the day they were registered (May 2, 2022).

What it does#

• Allows employers in federally regulated workplaces to provide respirators that are certified in Canada by CSA Group (to CSA Standard Z94.4.1 or other CSA standards) as an alternative to equipment certified by NIOSH (the U.S. National Institute for Occupational Safety and Health) in certain situations.
• Updates multiple federal occupational health and safety regulations so the choice applies across:
  • Canada Occupational Health and Safety Regulations
  • Maritime Occupational Health and Safety Regulations
  • Oil and Gas Occupational Safety and Health Regulations
  • On Board Trains Occupational Health and Safety Regulations
• Sets or updates technical requirements, including:
  • A definition for an oxygen-deficient atmosphere as less than 19.5% oxygen by volume or a partial pressure below 148 mm Hg.
  • Requirements that supplied-air systems meet CSA Standard Z180.1 (compressed breathing air and systems).
  • That respirators and breathing apparatus meet CSA Standard Z94.4 (selection, use and care) and, where applicable, CSA Standard Z1610 for CBRN first responders.
• Makes matching changes to the Administrative Monetary Penalties (Canada Labour Code) Regulations so violations under the amended rules are enforceable under the penalty system.

Who's affected#

• Employers and workers in federally regulated workplaces, including those in:
  • federally regulated transportation (ships, aircraft, trains),
  • maritime operations,
  • oil and gas operations on frontier lands,
  • on-board train operations.
• Respirator manufacturers and certifiers that seek or hold CSA Group certification.
• Safety officers, health-and-safety managers, and inspectors who apply and enforce federal occupational health rules.
• If you are outside federally regulated jurisdictions (most provincial workplaces), these federal changes do not directly apply.

Why it matters#

• It gives employers a practical choice between U.S. NIOSH-certified respirators and Canadian-certified products. That can make it easier to buy approved respirators when international supply is tight.
• The change supports Canadian manufacturing and a domestic certification path, which could reduce reliance on foreign certification during emergencies like pandemic-driven shortages.
• The rules keep safety standards in place by requiring Canadian-certified respirators to meet specific CSA standards intended to provide protection equivalent to NIOSH-certified equipment.
• For workers, the intent is the same: required respiratory protection must meet defined performance standards so health and safety are maintained.