MDI Spray Foam Code; COVID Aviation Order

Summary#

This Canada Gazette issue (Part I, Vol. 154, No. 35) published several government notices on August 29, 2020. Key items include an order changing a chemical list, a new voluntary Code of Practice for Certain Methylenediphenyl Diisocyanates in Low‑Pressure Two‑Component Spray Polyurethane Foam Products from Health Canada and Environment officials, a list of confidentiality claims under the Hazardous Materials Information Review Act, and an Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID‑19, No. 5 from Transport Canada.

What it does#

• Order 2020-87-11-02 Amending the Non‑domestic Substances List

  • Deletes the substance identified by CAS RN 6591-53-3 from Part I of the Non‑domestic Substances List.
  • Comes into force when Order 2020-87-11-01 Amending the Domestic Substances List comes into force.

• Code of Practice for Certain MDIs (published by Health Canada and the Department of the Environment)

  • Provides voluntary best practices for low‑pressure two‑component spray polyurethane foam (SPF) products that contain the MDI group of chemicals.
  • Recommends packaging and labelling that clearly state intended uses, safety instructions and recommended personal protective equipment (PPE).
  • Encourages manufacturers, importers and retailers to provide user instructions, training materials, and ways to access safety information (printed, online, QR codes, retailer displays).
  • Asks adopters to notify Health Canada, keep records for at least five years, and submit a baseline report by March 31 following adoption, then reports every two years.
  • Excludes products intended for commercial use (for example, refillable cylinders or drum systems) and one‑component SPF products.

• Hazardous Materials Information Review Act (HMIRA) filings (Health Canada)

  • Lists suppliers who have filed claims that parts of safety data sheets or labels are confidential business information.
  • Examples in the list include companies such as The Lubrizol Corporation, ChampionX Canada ULC, and Ingevity Corporation.

• Interim Order No. 5 — COVID‑19 aviation rules (Transport Canada)

  • Requires private operators and air carriers to notify and obtain confirmations from people boarding flights about possible public‑health measures and entry prohibitions.
  • Requires health screening questions and observation for symptoms; people with certain symptoms may be denied boarding and barred from flying for 14 days unless they provide a medical certificate.
  • Requires temperature screening for flights to Canada and for people entering restricted areas at named airports; a second check is required if the first shows an elevated temperature.
  • Requires passengers, many crew and gate agents to wear a face mask during boarding, flight, and when within two metres of others, with specific exceptions (infants, certain medical certificates, safety or operational needs).
  • Imposes equipment, calibration, training and record‑keeping obligations on air carriers and screening authorities.
  • Sets monetary penalties for contraventions, with many provisions carrying maximum fines of $5,000 for individuals and $25,000 for corporations.
  • Applies in part to specific aerodromes including Calgary International Airport (CYYC), Montréal / Pierre Elliott Trudeau International Airport (CYUL), Toronto / Lester B. Pearson International Airport (CYYZ) and Vancouver International Airport (CYVR).
  • Repeals the previous Interim Order No. 4.

Who's affected#

• Consumers and DIY users who buy low‑pressure two‑component SPF products.
• Manufacturers, importers, sellers and retailers of those SPF products who may choose to adopt the Code and then must keep records and report to Health Canada.
• Suppliers listed in the HMIRA filing notice (companies claiming confidentiality on SDS or label information).
• Passengers, crew, gate agents, screening staff, air carriers and private flight operators who fly to, from or within Canada — especially at the four listed airports.
• Aerodrome operators and screening authorities responsible for temperature screening and record keeping.
• Anyone who refuses required screening or mask rules may be denied boarding and temporarily barred from travel under this order.

Why it matters#

• The Code of Practice aims to reduce the risk of respiratory sensitization from MDIs in consumer spray‑foam products by improving labels, instructions and access to safety information. That can help people avoid accidental exposure at home.
• The aviation Interim Order introduces concrete public‑health checks and mask rules that directly affect travellers and airline operations. Passengers can be denied boarding for symptoms, elevated temperature or refusal to wear a mask, and airlines and airports must keep records and equipment up to standard.
• Companies that supply chemicals or consumer SPF products should watch for reporting and labelling expectations; suppliers who claim confidentiality get published notice of their claims.
• There are real penalties attached — many breaches can carry fines up to $25,000 for corporations — so businesses and operators will need to follow the new requirements.