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The Canadian Paint and Coatings Association was established in 1913 to represent the interests of Canada’sPaint and coatings industry. CPCA has a strong track-record of protecting its members and their products using evidence-based advocacy and timely member communications. CPCA’s monthly Regulatory Radar publication ensures CPCA member companies stayinformed on the relevant issues impacting their business,regulatory compliance requirements and mandatorydeadlines. Below is a sampling of the issues CPCA member companies received over the past several months.

Comprehensive Canada Coatingshub Launched

The Canadian coatings industry is among the most heavilyregulated sectors in the economy. As such it is critical thatour member companies are fully informed of the manyissues impacting their business and how they can ensurefull compliance and mitigate risk where possible. CPCAhas taken this support to a new level with the launch of anew and comprehensive Canada CoatingsHUB for mem-ber companies. It ensures critical information for membersis not lost in an endless dumping ground! The CoatingsHUB provides critical Information that is

organized and searchable via key data points such as: government policies, legislation, regulations and relatedamendments; CPCA technical committee minutes; formalCPCA and industry government submissions; key advisories and member bulletins; relevant consultations

and regulatory deadlines; important internal and externalmeeting agendas; relevant industry and government presentations; ‘need-to-know’ dates for compliance deadlines; relevant publications and publication links;and more. Members can arrange their own personaldashboard based on their specific priorities so they canbe notified when new resources of interest are added tothe Hub. If you do business in the coatings industry inCanada, the Canada CoatingsHUB is critical to ensure thedata you needs is rigorous, robust and relevant.

Canada-U.S. Regulatory Cooperation Council:

2018 Stakeholder Forum

The governments of Canada and the United States signedan agreement in 2018 confirming their commitment to theRegulatory Cooperation Council (RCC) to better align theregulatory approaches of both countries. The RCC’s twoprevious work plans included measures to align theassessment process for chemicals in commerce shippedacross the border. Following the completion of the revised North American

free trade agreement, the RCC is now conducting consultations on the development of its third work plan.In addition to formal written submiussions, a forum washeld in Washington, D.C. on December 4-5, 2018 bringing together senior regulatory officials, industry,and stakeholders from Canada and the US. CPCA and theAmerican Coatings Association (ACA) provided submis-

CPCA CORNERPaint & Coatings Issues in Canada

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sions to their respective governments focusing on theneed for greater government alignment related to the reg-istration of specific biocides used by paint and coatingsmanufacturers to preserve the integrity of their products.This has emerged as a major issue in Canada with recentuse restrictions and bans on several biocides with anongoing review scheduled for key substances for paintand coatings in 2019-2020. It is critical that assessors havethe relevant data to make informed decisions that willallow continued use of these biocides in a wide range ofproduct formulations.

Voc-exempt Update on PCbtF

In August 2018, following two years of rodent inhalationexposure studies, the United States National ToxicologyProgram (NTP) published reports concluding “clear evi-dence of carcinogenicity” in a substance used widely inpaint and coatings, PCBTF. It is used extensively in thecoatings industry to slow the rate of evaporation. PCBTFis presently a VOC-exempt compound in Canada, all USStates, and in all California air districts. The NTP findingsin a number of jurisdictions in Canada and the UnitedStates are concerned with air quality, which led to furtherrestrictions on the use of PCBTF and de-listing of it as aVOC-exempt compound. This will leave only DimethylCarbonate and AMP as suitable VOC-exempt compoundsfor paint formulations in California. A new ACA workinggroup plans to discuss commissioning a review of the NTPreport, future hazard communication implications and thedevelopment of advocacy tools. It is unknown how thiswill impact the situation in Canada, but we have seen atrend for VOC regulations to closely follow actions takensouth of the border.

Chemicals Management Plan Update

The Government of Canada’s Chemicals Management Planhas been assessing over 4,300 chemicals of concern incommerce since 2006 and the third phase will be conclud-ed before the end of 2020. In this final phase of this 150-

year process, nearly 30 per cent of the 1540 substancesbeing assessed are used in the manufacture of paints andcoatings. CPCA is engaged daily on numerous activitiesrepresenting member interests and to ensure all membercompanies are fully informed of the reporting require-ments, compliance dates and evolving policy develop-ments. The following is a glimpse at some of CPCA’srecent activities:

• CPCA Attends CEPA ICG Conference in Toronto: CPCAstaff participated in the biannual conference of theIndustry Coordinating Group for the Canadian Envi-ronmental Protection Act (CEPA ICG). Notes andcopies of government presentations are posted in theCanada CoatingsHUB section of CPCA’s new websitefor members to access and review as needed.

• CPCA Hosts Paint and Coatings Working Group Meetingin November: CPCA hosted the biennial meeting ofmore than 40 participants on November 2, 2018,which included representatives from CPCA staff, CPCAmember companies, and senior federal government officials. This day-long meeting, heldtwice annually, provides an important opportunity toexchange detailed information related to ongoing legislative and regulatory developments, and to helpdevelop appropriate risk assessment measures andcontrol instruments for the coming years. The agenda,minutes, and presentation decks are available forCPCA members in the Canada CoatingsHUB.

• CPCA Encourages Participation in Post-2020 Consulta-tions on the Future of Chemicals Management:A CPCA bulletin was published in June summarizingthe federal government’s formal response to the Sustainable Development Parliamentary StandingCommittee’s 87 recommendations to amend CEPA.Government officials remain committed to continuingtheir discussions with stakeholders on ways toimprove the Act before it can proceed with anyreform. It also committed to making no amendmentsto the Act in the current session of Parliament. CPCA’scomprehensive response to the Committee Report isavailable for members on the Canada CoatingsHUBand the association continues to work with membersin providing feedback and information needed toensure any future assessments are realistic and basedon strong scientific data.

• Government Launches Consultation on Widening theScope of Chemical Assessment: In November CPCAprovided members with the government’s proposedapproach on three important issues in the chemicalassessment process: addressing vulnerable popula-

CPCA CORNER

The Government of Canada’sChemicals Management Plan has been assessing over 4,300chemicals of concern in commerce since 2006 and thethird phase will be concludedbefore the end of 2020.

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tions, how to consider the role of informed substitu-tion, and the role of occupational exposure. Memberfeedback was included in CPCA’s formal response andinterventions at the multi-stakeholder forum in Ottawaas these are all very important issues for the coatingsindustry and how they are used in assessing chemicalscould have a profound impact on product formula-tions over the next several years.

• Proposed Approach to Promote Transparency in Chemicals Management: CPCA remains vigilant inmaintaining the protection of ‘confidential businessinformation’ as government considers new initiativesto promote transparency within the Chemicals Management Plan. The proposed revisions to the 2017approach is based on international best practices ontransparency and the potential opportunities to alignthe process for reviewing confidentiality claims withthat of the US EPA. Proposed changes include addi-tional information requirements for those companiesclaiming confidentiality for a substance identity, aswell as if and when government could release certainconfidential information publicly. Confidentialityclaims for a substance identity will be reviewed after a period of 10 years. CPCA is currently consultingmembers on the proposed changes, which could seethe release of CBI information much differently than ithas been done to date. The bottom line will be justthat, the ‘bottom line impacts’ any new approachcould have on businesses in Canada, which arealready facing a number of significant economic andregulatory challenges.

bi-annual Meeting of the Paint &

Coatings Working group

CPCA’s Paint and Coatings Working Group addresses thespecific industry impacts of government actions on CASEformulations and products. CPCA continues working withmembers to meet the updated compliance requirementsand reporting deadlines announced at the NovemberPCWG meeting, such as:

• Industry Input Essential in Consultations on FutureChemical Assessment: The government’s upcomingPost-2020 multi-stakeholder consultation meetings inOttawa will focus on nano-forms of substances on theDomestic Substances List (DSL), develop a policyframework for vulnerable populations, as well asexpanding the use of bio monitoring in chemicalassessment. Plans will also include continued engagement on the effects of low levels of exposureto certain chemicals that are endocrine disruptors anda review of international best practices to address cumulative risk of certain substances and impacts

related to labelling. Under the Post-2020 initiatives thegovernment also intends to review options oninformed substitutions and highlight the potentialalternatives in existing databases; further investigaterisks associated with occupational exposure; emphasize the importance of performance measure-ment; and enhance the information provided to Canadians about chemicals in products, includingimproving public outreach to specific groups.

• Inventory Update 3 Results for Paint and & Coatings:Following CPCA’s collection and coordination of survey data, the government reported that the paintand coatings sector uses nearly 20 per cent of the 719 unique chemical registration numbers (CAS) confirmed by Canadian industry including 19 CASnumbers for paint thinners and removers. Respondents have been contacted directly regardingconcentration, children’s exposure, used as additivesand intermediates, etc. This information will be important for rational decision-making related to products that are implicated.

• Information Gathering Initiatives Update: The government has several surveys planned, bothmandatory and voluntary, for the remainder of 2018and 2019 including impacted substances such as: certain bisphenols and possible alternatives, Batch 11 – BENPAT; commercial status information for 800Quaternary ammonium compounds; 22 flame retardants; follow-ups related to 1400 listed domesticsubstances; a comprehensive survey to determine uselevels and potential releases of plastic microbeads tothe aquatic environment; and more. All importantdates related to these initiatives are found in the“Compliance Calendar” in the Canada CoatingsHUB.

• NSN Program Update: CPCA distributed draft changesto the New Substances Notification Guidelines andrevised forms to members. Notable changes includean improved nanomaterial section, a section onUVCBS, and the expanded exposure level reporting at all levels of the supply chain.

Federal government to Launch broad Survey on

VoC Content in architectural Products in 2019

CPCA consulted with government officials regarding thedesign of a broad national survey that will seek to com-pare the VOC content of all existing paint products sold inCanada with the VOC limits in other North American juris-dictions (namely OTC II States, California rules, etc.). Thesurvey will gather information on volume of sales in orderto estimate current VOC emissions reduction and cost-ben-efit analysis to help inform future actions. The government

CPCA CORNER

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is clearly preparing for further actions on VOC limitsbeyond 2020. CPCA continues working with officials todetermine the future approach on VOCs in Canada andrelated timelines and enforcement plans that will flowfrom such surveys.

Recent Screening assessment Reports and

impacts on Coatings industry

A number of Draft Screening Assessment Reports and RiskManagement Scope documents were released at the endof 2018. One report addressed seven of the 15 substancesin the Anthraquinones group. Another was published forSolvent Violet 13, which meets the toxicity criteria for neg-atively impacting human health. The report also raisesconcerns for five other substances and a notification of apotential Significant New Activity orders should exposurelevels increase. CPCA is engaging with government andmembers to determine the impact of these proposedactions and how they might be addressed. As usual theassociated data is critical in final risk management meas-ures that are taken, as they may lead to bans or severe userestrictions.

Another Draft Screening Report for benzophenone proposes to add Benzophenone to Schedule 1 of CEPA.Government officials informed CPCA at the NovemberPCWG meeting that due to dermal exposure concerns thescope of risk management action would now expandbeyond interior products to include exterior and dual useproducts. CPCA exchanged information with governmentofficials on the frequency of use and exposure to exteriorpaint products and is engaging with industry for more technical feedback on this important matter now that exterior paint products are implicated. A Draft Screening Assessment for the furans group

concluded that furfuryl alcohol and tetrahydrofuran metthe criteria that constitutes or may constitute a danger tohuman life or health in Canada. These substances are used in CASE products including wood strippers. CPCAcontinues working with government officials prior to thefinal screening assessment to clarify the use of tetrahydro-furan and the possible use of substitutes for furfuryl alcohol in wood stripper products. More information isavailable for members in the Canada CoatingsHUB

WhMiS/Chemicals Management Plan Joint

Projects to be implementedin 2019

As reported at CPCA’s Paint and Coatings WorkingGroup meeting, the government will be moving toinclude occupational exposure as part of its assessmenttoolkit in the CMP under Post-2020 initiatives. Govern-ment officials stated that there is no intent to amend theHazardous Products Act or Regulations but rather toleverage complementary activities with the CMP, such as

consideration of Occupational Exposure Limits such asthe case study for NMP and methylene chloride in paintstrippers. It is unclear how this will evolve over thecoming months, but it is one issue the industry will bewatching very closely.

Status of notice to Remove Consumer exemption

from the hazardous Products Regulations (hPR)

A working group was established as part of the federalGovernment’s efforts to determine how to proceed with amotion brought forward by labour and provincial govern-ment representatives. That motion seeks to remove theconsumer product exemption from the labelling require-ments under the Hazardous Products Regulations due topotential worker injury from using consumer products inthe workplace, instead of industrial products with properhazard labelling. CPCA and other industry representativeshave requested evidence of such alleged incidents todetermine the scope of the issue and possible solutionswhile maintaining this important exemption.To date no examples or evidence have been provided

to the working group and Health Canada officials are nowexploring options to consider in moving forward. CPCAbelieves that the exemption should be maintained and theonus is on business owners to buy the correct products forthe intended use in the workplace. Other activity in this area relates to the modernization

of HMIRA. Federal officials shared a proposal with CPCAand other industry sectors on its plan to modernize theHazardous Materials Information Review Act (HMIRA).The amendments seek to remove the requirement for thegovernment to act as a guarantor of the regulated party’scompliance and move to more common responsibility forcompliance verification. It also makes changes to feeschedules and formalizes the strict grounds and circum-stances for sharing confidential business information withgovernment programs in departments. The documents areposted in the Canada CoatingsHUB for members only. n

As reported at CPCA’s Paint andCoatings Working Group

meeting, the government will bemoving to include occupationalexposure as part of its assess-ment toolkit in the CMP under

Post-2020 initiatives.