Toward the Prohibition of  
Partially Hydrogenated Oils  
in the Canadian Food Supply  
 
Consultation Document  
  Page 2 of 13 
 Table of Contents  
 
A.  Introduction  ............................................................................................................................................. 3 
Purpose  ..................................................................................................................................................... 3 
Current context  ......................................................................................................................................... 3 
B.  Background  .............................................................................................................................................. 4 
What are trans  fats? What are partially hydrogenated oils?  ................................................................... 4 
What are the health risks of consuming trans  fat?................................................................................... 4 
What are the current scientific recommendations for trans  fat intake?  ................................................. 4 
Replacements for partially hydrogenated oils  .......................................................................................... 5 
What is the Canadian context?  ................................................................................................................. 5 
C.  Proposed approach and Consultation  ..................................................................................................... 6 
Proposed approach  ................................................................................................................................... 6 
Consultation  .............................................................................................................................................. 7 
D.  Conclusion  ............................................................................................................................................... 8 
E. Openness and Transparency  ..................................................................................................................... 8 
F.  References  ................................................................................................................................................ 9 
 G. Appendix  ................................................................................................................................................ 13 
 
  Page 3 of 13 
 A.  Introduction 
 
Purpose  
Health Canada is proposing to prohibit the use of partially hydrogenated oils (PHOs), the main source of 
industrially produced trans fatty acids ( trans fats) , in food s sold in Canada. Although significant progress 
has been made to reduce trans  fats in prepackaged foods and restaurant foods in Canada, there are 
some  remaining  food categories that  may  contain high levels of industrially produced  trans  fats. These 
foods include some commercially baked goods (e.g., cookies), shortenings , and margarines . 
Furthermore, subpopulations such as children and teens, Canadians in remote areas , and price sensitive 
consumers have been identified as being at risk for higher trans fat intakes.  
 The purpose of this proposal is to effectively reduce trans  fats in the food supply to the lowest level 
possible . It will also help achieve the public health objective of reducing trans  fat intake by the  great  
majority of  Canadians to less than 1%  of total  energy intake.  Achieving this target would lead to an 
overall reduction in risk of coronary heart disease ( CHD ) among the general population . This document 
outlines the rationale underpinning this proposal and solicits feedback from interested and affected 
stakeholders and consumers.  
 
Current c ontext  
The consumption of trans fats increases  CHD  risk. The World Health Organization ( WHO ) recommend s 
that trans  fat intake, from both naturally occurring and industrially produced sources,  should be less 
than 1% of total energy  intake. Since t he early 2000s, Health Canada has pursued a multi- faceted 
approach aimed at reducing the trans  fat intakes of Can adians including mandatory trans  fat labelling, 
setting voluntary targets for processed foods , and establishing an active monitoring and open reporting 
program to measure industry's progress toward meeting the voluntary targets.  Although these 
initiatives have proven successful in reducing trans  fat leve ls in the Canadian food supply,  some foods 
still contain high levels of industrially produced  trans  fat, namely PHOs.  This can be a health concern for 
Canadians who choose these foods regularly .   
 
On Octobe r 24, 2016  the Minister of Health launched a  Healthy Eating Strategy
 for Canada (t he 
Strategy) (1), which included  several food and nutrition commitments identified in her 2015 Mandate 
Letter  from the Prime Minister of Canada (2). The Strategy unites Health Canada’s ongoing nutrition 
efforts an d successes to date with new, complementary initiatives to help create a food environment 
that makes healthier eating choices easier for Canadians.  The Strategy is part of the Government of 
Canada’s broader commitment to promoting public health and health y lifestyles  (1). One of the key 
objectives  under the Strategy  is to improve the nutritional quality of the Canadian food supply  (1). To 
help achieve this objective, Health Canada is proposing to amend the Food and Drug Regulations  to 
prohibit  the use of P HOs in any food sold in Canada.  
 
   Page 4 of 13 
 B.  Background  
 
What are trans  fats?  What are partially hydrogenated oils ?  
Fats in foods are made up of two  different types of fatty acids: unsaturated (e.g. , mono - and poly -
unsaturated) and saturated . In general, plant oils tend to be higher in unsaturated fatty acids  making 
them liquid at room temperature , while animal fats (e.g. , butter ) and tropical oils (e.g. , palm or coconut  
oil) tend to be higher in saturated fatty acids  making them more solid at room temperature. Trans  fats 
are a type of unsaturated fatt y acid that are found naturally in some animal- based foods and can also be 
industrially produced  (3).  
 
Naturally occurring trans  fats are formed by bacterial transformation of unsaturated fats in the digestive 
tracts of ruminant animals.  This results in trans  fat levels in dairy and ruminant meat products  ranging 
from 0.5 to 8 % of total fat  (4, 5 ). 
 
Industrially produced trans  fats can be  formed inadvertently  during the commercial oil refinement 
process due to exposure of oil to high temperatures , typically at levels between 0.2 to 2.4% of total fat  
(5). However, the major source  of industrially produced  trans  fats in the food supp ly are PHOs,  which 
are produced via a process called  partial hydrogenat ion. PHOs  are often  used in the manufacture of 
foods such as margarines, shortenings and baked goods because they improve texture and increase 
shelf life (6 ). The trans fat content of PHOs typically ranges from 25 to 45% of the oil (7 ). 
 
What are the health risks of consuming trans  fat? 
Heart disease is one of the leading causes of death in Canada, resulting in approximately 50,000 deaths 
in 2012 (8). Large observational population studies have shown that the risk of CHD  is substantially 
increased with increasing intakes of trans  fat (encompassing both industrially  produced and ruminant 
sources)  (9, 10).  The main mechanism through which trans  fats increase CHD risk is by altering blood 
lipid levels.  Trans  fats elevate blood levels of "bad" (low -density lipoprotein (LDL)) cholesterol, lower 
blood levels of "good" (high -density lipoprotein (HDL)) cholesterol , and increase the ratio of total/HDL -
cholesterol  (11).  The detrimental effects  of trans  fats on blood lipids have  a continuous dose -response 
relationship  (11) meaning any incremental increase in trans  fat intake increase s CHD risk  (3). In addition 
to CHD,  the current scientific evidence suggests positive associations between trans  fat intake and the 
risk of stro ke (12, 13, 14 ) as well as all- cause mortality ( 15, 16). 
 
What are the current scientific recommendations for trans  fat intake?  
Based on current sc ientific evidence regarding the adverse health effects of trans fats, several 
authoritative health bodies have recommend ed limiting their consumption. The Institute of Medicine 
(IOM) advised that trans  fat consumption should be as low as possible while consuming a nutrit ionally 
adequate diet (3 ). In 2003 , the WHO  recommended that the mean population  intake of trans  fat should 
be less than 1% of total energy  intake, encompassing both naturally occurring and industrially produced Page 5 of 13 
 trans  fats (17). In 2008 , a WHO Scientific Update c oncluded that this recommendation  need ed to be 
revisited such  that it encompassed  the great maj ority of the population and not just the population 
mean in order to protect vulnerable populations from having  high trans fat intakes . In this update , it was 
recognized that this could be accomplished  by the virtual elimination of  PHOs from the food supply ( 18, 
19). 
 
Replace ments for partially hydrogenated oil s 
The replacement of PHOs with alternative food ingredients would lower CHD risk, but the choice of 
replacement ingredients needs to consider the effects on CHD risk or CHD risk factors. A recent meta -
regression analysis conducted for the WHO (2016) concluded that replacing the same amount, ca lorie 
for calorie , of trans fats from PHOs  with mon ounsaturated fatty acids (MUFA) or  polyun saturated fatty 
acids (PUFA) led to beneficial changes in blood lipid levels, including LDL -cholesterol as well as the ratios 
of total /HDL-cholesterol and LDL /HDL-cholesterol , with PUFA showing the stro ngest beneficial effects.  
The effects of replacing  trans  fat from  PHOs with  saturated fatty acids led to less beneficial changes in 
blood lipids compared to replacing them with unsaturated fatty acids  (11). 
 
What is the Canadian context?  
In the 1990s, Canadians had one of the highest trans  fat intakes in the world, with average intakes 
estimated to be approximately  3.7% of energy  (20, 21).  Since  the early 2000s, Health Canada has 
pursued a multi -faceted approach aimed at reducing the trans  fat intakes of Canadians. This started with 
providing more information to consumers on the trans  fat content of prepackaged foods by passing 
regulations in 2002 making it mandatory to display the amount of trans  fat in the Nutrition Facts table 
on food labe ls. At the same time, regulatory criteria were put in place to allow claims such as “trans  fat 
free”  to be listed on product labels to help guide consumers toward healthier alternatives.  
 
In 2005, a multi -stakeholder Trans Fat Task Force was established by  Health Canada to develop 
recommendations and strategies to reduce industrial ly produced trans  fats in Canadian foods to the 
lowest level possible. The Task Force published a final report  in 2006 that recommended a regulatory 
approach be taken to limit levels of trans fats in the food supply to 2% of total fat content for vegetable 
oils and soft spreadable margarines and 5% of total fat content for all other f oods. Full compliance with 
the targets established by the Task Force would be  expected to result in an average trans fat intake  of 
1% total  energy as recommended b y the WHO in 200 3 (22).   
 
On June 20, 2007, the then Minister of Health called on the food industry to voluntarily achieve the 2% 
and 5% limits within two years . In order to monitor the food industry’s progress toward meeting the 
voluntary targets, Health Canada established the Trans Fat Monitoring Program  (TFMP) in 2007.  This 
two-year program analyzed the trans fat content of over 1100 foods known to contribute high levels of 
trans fat to the Ca nadian diet  (23).   
 Page 6 of 13 
 Data published over the last decade suggest that initiatives  to decrease the trans fat consumption of 
Canadians  have be en highly effective. In fact, a  2007 assessment by Health Canada estimated that 
average  trans fat intakes for all Canadians (age one year and older) had decreased to 1.42% o f total 
energy (24 ).  A subsequent study of Canadian nursing mothers show ed a decline in the trans  fat 
concentrations in human milk samples collected between 2009 and 2011 , suggesting that intakes have 
further declined since the 2007 assessment, at least i n this population  (25). These findings are  consistent 
with the results of the TFMP, which showed that by 2009 approximately 75% of prepackaged foods and 
nearly all restaurant foods that were monit ored met the voluntary targets.  Furthermore, a 2011 survey 
of approximately 10,000 prepackaged and restaurant foods on the Canadian market  found that  97% of  
foods met the voluntary targets for trans fat (26). 
 
Despite this progress,  as of 2011 there were still certain food categories  that continued to have large 
proportions of foods not meeting the trans fat targets. For prepackaged foods, these categories included  
dairy -free cheeses,  frosting, coffee whiteners, lard and shortening, shortbread cookies and refrigerated 
dough , and for restau rant foods these included biscuits, scones and cookies (26 ). Also in 2011, a  risk 
assessment  conducted by Health Canada showed that some subpopulations  were at risk for hig her trans 
fat intakes. V ulnerable groups included c hildren and teens, Canadians living in remote areas , price -
sensitive consumers  (i.e., lower income groups) and those who regularly consume d foods remaining  
high in trans  fat (27).  
 
The Minister of Health has committed to bring in tougher regulations to eliminate industrially produced 
trans fats in the food supply as per the 2015 Mandate Letter  from the Prime Minister of Canada (2).  In 
response to this commitment, Health Canada launched in May 2016 a Call for Data  to collect 
information on the current use of PHOs in the food supply  (28). Data was submitted by seven 
manufacturers, two fats and oil processors, one restaurant, two industry associations and one academic. 
Many respondents indicated that they wer e moving away from PHO use and n one of the data received 
supported the need to maintain allowance for PHO use  (see Appendix  for further details).  However, the 
response rate was low and may  not provide a comprehensive picture of the Canadian food supply.  
  
C.  Proposed approach and Consultation  
 Proposed approach 
In order to  achieve the public health objective of reducing the trans fat intake of the  great  majority of 
the population to l ess than 1% of total  energy intake, 
Health Canada is propos ing to amend the Food 
and Drug Regulations  to prohibit the use of PHOs in foods sold in Canada . 
 Under this proposal, PHOs are defined  as those fats and oils that have been hydrogenated, but not to 
complete or near complete saturation, and with an io dine value (IV) gr eater than 4.  The iodine value (IV) 
of a fat or oil is not a direct measure of trans fat content but relates to the extent of unsaturation. In 
general, oils and fats with an IV of 4 or less contain trans fats at levels similar to non -hydrogenated fats 
and oils. Page 7 of 13 
  
Recognizing that prohibit ing PHOs will require certain manufacturers to reformulate their products, 
Health Canada is proposing that a 12-month  transition  period  be provided following the adoption into 
regulation of the prohibition . This should  provi de sufficient time for impacted industry stakeholder s to 
reformulate their products and/or exhaust existing stock.  With regard to product reformulation , Health 
Canada urges industry to consider, wherever possible, the use of more healthful alternatives (e. g., 
unsaturated  rather than saturated fats).  
 
The proposal  aligns with global efforts toward the elimination of PHOs in foods.  In fact, the  WHO has 
called for the elimination of industrially produced  trans fats from the global food supply in response to 
the rise in the prevalence of non -communicable diseases (19 ). In June 2015,  the U.S. Food and Drug 
Administration (FDA) issued a  final determination  that PHOs are no longer Generally Recognized as Safe 
(GRAS) in food due to health risk s associated with  trans fat consumption . Manufacturers have until 2018 
to reformulate produ cts to remove PHOs  (29). In EU countries, there is currently no legislation 
regulating the content of trans  fats in foods . However , select countries  (e.g. , Denmark, Austria, Hungary)  
have  regulations restrict ing their content. In December 2015, the European Commission concluded that 
setting a legal limit for industrially produced trans fat content would be the most effective measure  for 
reducing intake  in terms of public  health, consumer protection and compatibility with th e inte rnational 
market (30 ).  
 
Consultation  
Health Canada values the input Canadians and interested and affected stakeholders  have  on its 
proposed policies. We welcome your comments and feedback on th e proposed approach to prohibit  the 
use of PHOs in foods,  particularly on  the following  key aspects : 
 
1. Do you support Health Canada’s proposal to prohibit the use of PHOs in foods ? Please explain.  
 
2. Do you have any comments /concerns with the proposed definition  for PHOs ? Please explain.  
 
3. Do you have  any comments/concerns with the proposed transition period  of 12 months  
following adoption into regulation of the prohibition ? Please explain.  
 To submit your input, please visit the Consultation on banning partially hydrogenated oils in foods
 (31). 
A summary report on what we heard will be published following the consultation.  If unpublished 
information is submitted, it  will remain the property of the submitting organization or individual and its 
confidentiality will be safeguarded in so far as it is possible to do so within current regulations governing such issues.  To safeguard privacy, you should ensure that any writt en comments you may provide are 
sufficiently general that you cannot be identified as the author and that individual identities are not disclosed.  
 
 
  Page 8 of 13 
 D.  C onclusion  
 
Comments received will help inform decisions on the best approach to prohibit  PHOs  from the Canadian 
food supply and achieve the public health objective of having the great  majority of Canadians with trans 
fat intake s below 1% of total  energy intake.   
 
E. Openness and Transparency  
 The Government of Canada is committed to openness and transparency
. Health Canada will support this 
commitment by making more information available to Canadians and provide more opportunities to 
participate in discussions on govern ment policies and priorities (32) . Formal written submissions in 
response to this consultation will be summarized in a report (e.g.  Summary of Comments, What was 
Hear d Report) that will be made publicly available. However,  the individual submissions may be released 
upon request under the Access to Information Act .  
 
All other correspondence  and all meetings  with  stakeholders will be published monthly online in list 
format including the organization name, date, subject  and purpose of correspondence or meeting. This 
includes correspondence and meetings in which opinions and information (including requests for information) are relayed with the intent to inform the development of policies, guidance or regulations 
related t o healthy eating initiatives (33 ).  For more information on Health Canada’s new approach to 
openness and transparency please visit 
Transparency of stakeholder communications for healthy eating 
initiatives  (32).  
 
 
  Page 9 of 13 
 F.  References  
 
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Trans Fatty Acids . Eds. Dijkstra AJ, Hamilton  RJ and Hamm  W. Oxford, UK: Blackwell Publishing 
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Journal of Epidemiology,  161(7):672- 679.  
 
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October  2016].  
 
18. World Health  Organization. (2008). Interim Summary of Conclusions and Dietary 
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19. Uauy R, C larke A, Ghafoorunissa R, L’Abbe M, Mozaffarian D, Skeaff M, Stender S, and Tavella M . 
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of Clinical Nutrition, 63:S68 -S75.  
 
20. Chen ZY, Pelletier G, Hollywood R, and WMN, Ratnayake . (1995). Trans  fatty acid isomers of 
octadecenoic acid in human milk. Lipids 12, 407 -408.  
 
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Development and Processing of Vegetable Oils for Human Nutrition,  1st ed. Eds. Przybylski R and 
McDonald BE. Champaign, IL: AOCS Press, pp. 20 -35. Page 11 of 13 
  
22. The Trans Fat Task Force. (2006). TRANSforming the food supply. Report of the Trans Fat Task 
Force Submitted to the Minister of Health.  [online]. Available at: http://www.hc -sc.gc.ca/fn -
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23. Health Canada. (2009). Trans Fat Monitoring Program.  [online]. Available at: http://www.hc -
sc.gc.ca/fn -an/nutrition/gras -trans -fats/tfa- age_tc -tm-eng.php  [Accessed 24 October 2016].  
 
24. Ratnayake N, L’Abbe M, Farnworth S, Dumais L, Gagnon C, Lampi B, Casey V, Mohottalage D, 
Rondeau I, and Underhill L . (2009). Trans Fatty Acids: Current Contents in Canadian Foods and 
Estimated Intake Levels for the Canadian Population. Journal of AOAC International,  92(5) : 1258-
1276.  
 
25. Ratnayake WMN, Swist E, Zoka R, Gagnon C,  Lillycrop W, and P antazapoulos P . (2014). 
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women’s breast milk samples collected in 2009 -2011. American Journal of Clinical Nutrition,  100 
(4):1036 -1040.  
 
26. Arcand J, Scourboutakos M, Au J, and L’Abbe M. (2014). Trans Fatty acids in the Canadian fo od 
supply: an updated analysis.  American Journal of Clinical Nutrition,  100(4): 1116 -1123.  
 
27. Krenosky S, L’Abbe M, Lee N, Underhill L, Vigneault M, Godfroy S, and Ratnayake N. (2012). Risk 
Assessment of Exposure to Trans Fat in Canada.  International Food Risk Analysis Journal, 2: 1-15. 
 
28. Health Canada.  (2016).  Request for data: Partially hydrogenated oils in the Canadian food 
supply.  [online]. Available at: http://healthycanadians.gc.ca/health -system -systeme -
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29. Food and Drug Administration. (2015). Final Determination Regardin g Partially Hydrogenated 
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30. European Commission . (2015). Report from the Commission to the European Parliament and the 
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33. Health Canada. (2016). Meetings and correspondence on healthy eating . [online]. Available at: 
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  Page 13 of 13 
 G.  Appendix  
 
PHO Data Call Summary , Summer 2016  
Food category  Company  
A B C D E F G H I J K 
Bakery             
Biscuits/cookies      2   18    1 
Bagels      2       
Doughnuts      1       
Beverage             
Prepared beverages      3       
Beverage mixes (e.g. 
powdered)      3 13      
Confectionary/Snack 
foods             
Candy            2 
Candy bars            2 
Confectionary 
toppings      1       
Dessert toppings            2 
Puddings    23         
Popcorns    1         
Whipped toppings      2       
Fats and Oils             
Margarines        17   12 3 
Margarine bases           8  
Oils (canola, soy)   5          
Shortenings        3   38 1 
Other             
Bacon bits            1 
Dips            6 
Cereal  X           
Croutons            2 
Frozen entree       2     2 
Frozen meats/fish 
(prepared)          15  1 
Rice side dish            25 
Sauces       8      
Soups    2         
Spreads        1     
Stuffing            2 
Unspecified     X        
Legend             
 Company has indicated that PHOs will be removed by 2018  
X Number of products not provided  
Note: Data provided by one industry association and one academic not included due to lack of detail.