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Consumer Product Safety

Lead Risk Reduction Strategy

Appendix D. Federal Legislation and Guidelines related to Lead Exposure

I. Federal Acts and Regulations

Canadian Environmental Protection Act (CEPA) and Regulations
The intent of this Act is to prevent pollution of the Canadian environment and harm to human health by evaluating and managing potential environmental and human health risks posed by environmental pollutants and toxic substances. Under CEPA Environment Canada and Health Canada jointly operate a program of risk assessment and risk management of substances that are used commercially and are present in the environment. The Existing Substances Division of Health Canada evaluates substances on the Priority Substances List, which is composed of substances selected by provincial Ministries of Health or the Environment for priority toxicity assessment. Health Canada also provides risk assessment and risk management guidance on the health risks posed by CEPA-toxic substances.

Food and Drugs Act and Regulations
The Act applies to all food, drugs, cosmetics and medical devices sold in Canada, whether manufactured in Canada or imported. The Act and Regulations specify safety, compositional, nutritional and labelling requirements for food. The Act contains a general prohibition on the sale of any food "which has on it any harmful or poisonous substance...or, " is unfit for human consumption" which makes it illegal to sell foods containing harmful levels of lead. Maximum lead levels are specified for only a few foods, including tomato paste and fish protein. This Act is administered by Health Canada, in co-operation with the Canadian Food Inspection Agency, which monitors foods on the Canadian marketplace to ensure that they conform to the standards of the Food and Drugs Act and Regulations.

Hazardous Products Act and Regulations
This Act applies to products imported, advertised and/or sold in Canada which are "designed for household, garden or personal use, for use in sports or recreational activities, as life-saving equipment, or as a toy, plaything or equipment for use by children." Schedule I, Part I of the Act lists prohibited products, which may not be imported, advertised or sold in Canada. Schedule I, Part II lists controlled products, which may be imported, advertised or sold in Canada only if they meet certain standards of safety. There are a number of regulations under the HPA, such as the Glazed Ceramics and Glassware Regulations, the Liquid Coatings Regulations and the Kettle Regulations, which contain lead content standards for specific product groups (see Appendix B).

II. National Guidelines

In addition to regulations, there are a number of national guidelines which are applicable to lead. These include:

  1. Guidelines for Canadian Drinking Water Quality, prepared by the Federal-Provincial Subcommittee on Drinking Water. These Guidelines include Maximum Acceptable Concentrations of more than 85 chemical parameters, including lead.
  2. Exposure Guidelines for Residential Indoor Air Quality. These Guidelines contain acceptable exposure limits for a number of indoor air pollutants, and suggest ways to control exposure to other pollutants, including lead vapours, for which formulation of acceptable exposure ranges is not feasible.
  3. National Plumbing Code of Canada 1995. This is a Code issued by the Canadian Commission on Building and Fire Codes and the National Research Council of Canada (13). It includes prohibitions on the use of lead pipe and lead solders and fluxes in potable water systems. Most provinces and territories have adapted the National Plumbing Code.