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Position Statement of the Commission de l'éthique de la science et de la technologie • The Hazardous Products Act (R.S., 1985, c. H-3) 117 and the Controlled Products Regulations (SOR/88-66), 118 which are of interest to nanotechnology particularly as regards the distinction they make between prohibited, limited, and controlled products. The latter category is especially pertinent to nanotechnology, as it includes the following products, materials, or substances: compressed gas, flammable and combustible material, oxidizing material, poisonous and infectious material, corrosive material, and dangerously reactive material (Schedule II), as well as paint, enamel, and other liquid surface coatings (Schedule I, Part II, Paragraph 31) because they may contain nanometric components. Health Canada is responsible for administering the act and regulations, as well as managing the Workplace Hazardous Materials Information System (WHMIS; see inset), to which a number of federal, provincial, and territorial statutes and regulations refer. Similarly, it is also important to point out the Hazardous Materials Information Review Act (R.S., 1985, c. 24, 3 rd supp.) 119 and associated regulations (SOR/88-456), 120 as well as the Transportation of Dangerous Goods Act (1992, c. 34) 121 and associated regulations (SOR/2001-286). 122 About WHMIS “The Workplace Hazardous Materials Information System (WHMIS) is Canada’s hazard communication standard. The key elements of the system are cautionary labeling of containers of WHMIS ‘controlled products,’ the provision of material safety data sheets (MSDSs) and worker education programs. “WHMIS is implemented through coordinated federal, provincial, and territorial legislation. Supplier labeling and MSDS requirements are set out under the Hazardous Products Act and associated Controlled Products Regulations. The Hazardous Products Act and its regulations are administered by the Government of Canada Department of Health, commonly referred to as Health Canada. “The Controlled Products Regulations establish a national standard for the classification of hazardous workplace materials. In addition to setting out criteria for biohazards and chemical and acute hazards, the regulations specify criteria for chronic health hazards including mutagenicity*, carcinogenicity*, embryo* and reproductive toxicity, respiratory tract and skin sensitization. “Each of the thirteen provincial, territorial, and federal agencies responsible for occupational safety and health have established employer WHMIS requirements within their respective jurisdiction. These requirements place an onus on employers to ensure that controlled products used, stored, handled, or disposed of in the workplace are properly labeled, MSDSs are made available to workers, and workers receive education and training to ensure the safe storage, handling, and use of controlled products in the workplace. 117 See http://laws.justice.gc.ca/en/showtdm/cs/H-3. 118 See http://laws.justice.gc.ca/en/showtdm/cr/SOR-88-66. 119 See http://laws.justice.gc.ca/en/showtdm/cs/H-2.71. 120 See http://laws.justice.gc.ca/en/showtdm/cr/SOR-88-456. 121 See http://laws.justice.gc.ca/en/showtdm/cs/T-19.01. 122 See http://laws.justice.gc.ca/en/showtdm/cr/SOR-2001-286. 32 Ethics and Nanotechnology: A Basis for Action
Position Statement of the Commission de l'éthique de la science et de la technologie “WHMIS balances workers’ right-to-know with industry’s right to protect confidential business information and includes a mechanism for ruling on claims for exemption from disclosure of confidential business information as well as appeals to these rulings.” HEALTH CANADA 123 • The Food and Drugs Act (R.S., 1985, c. F-27 ) 124 and associated regulations (C.R.C., c. 870). 125 This legislation governed by Health Canada concerns food, drugs, cosmetics, and therapeutic instruments. In its current state of development, nanotechnology presents particular interest for health and cosmetics applications but is not as useful for food, as yet, except for packaging. The legislation indicates that “where applicable, these regulations prescribe the standards of composition, strength, potency, purity, quality, or other property of the article of food or drug to which they refer” (A.01.002). For the moment, there is no reference to the use of nanometric products in the composition or coating of new or transformed drugs, the approval process leading up to their marketing, 126 or the approval of other health applications. Québec statutes and regulations As a supplement to or apart from Canadian legislation, the following Québec statutes and regulations may be pertinent to nanotechnology and consequently require adaptation: • The Act respecting occupational health and safety (R.S.Q., c. S-2.1) 127 and its associated regulation (R.R.Q., c. S-2.1, r.19.01). 128 The purpose of this act is “the elimination, at the source, of dangers to the health, safety, and physical well-being of workers.” The provisions most pertinent to nanotechnology are found in Chapter III on the rights and obligations of workers, employers, and suppliers, as well as Chapter VIII on occupational health. But the associated regulation is especially relevant and would require adaptation for nanotechnology. Its purpose is “to establish standards pertaining in particular to the quality of air, temperature, humidity, heat stress, lighting, noise, and other contaminants, sanitary facilities, ventilation, hygiene, sanitation, and cleanliness in establishments, area conditions, storage and handling of dangerous substances, machine and tool safety, certain high risk tasks, individual protective equipment, and the transportation of workers to ensure the quality of the work environment, to safeguard the health of workers, and to ensure their safety and physical well-being.” • The Regulation respecting information on controlled products (R.R.Q., c. S-2.1, r.10.1), 129 which clarifies Canadian statutes and regulations of the same nature for application in Québec 123 From the Health Canada website at http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/ application/about-a_propos_e.html. 124 See http://laws.justice.gc.ca/en/showtdm/cs/F-27/en. 125 See http://laws.justice.gc.ca/en/showtdm/cr/C.R.C.-c.870. 126 For more details on the overall process, readers are invited to consult the Commission’s position statement on GMOs, For the Ethical Management of GMOs, op. cit., p. 27–29 and 35–41 [online] www.ethique.gouv.qc.ca/eng/ftp/CESTAvisOGMEnglish.pdf. 127 See http://www.iijcan.org/qc/laws/sta/s-2.1/20060412/whole.html. 128 See http://www.canlii.org/qc/laws/regu/s-2.1r.19.01/20061117/whole.html. 129 See http://www.iijcan.org/qc/laws/regu/s-2.1r.10.1/20060412/whole.html. Chapter 2 – Looking at methods for managing the sector 33
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COMMISSION DE L’ÉTHIQUE DE LA SC
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Commission de l’éthique de la sc
Page 7 and 8: TABLE OF CONTENTS List of acronyms.
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Position Statement of the Commissio
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CONCLUSION It is with great curiosi
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GLOSSARY ∗ Atomic force microscop
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BIBLIOGRAPHY ∗ Sources cited: ABE
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APPENDIX 2 Summary of applications
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APPENDIX 3 Proposed taxonomy of the
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The Consultation and Information Ac
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MEMBERS OF THE COMMISSION DE L’É
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