Hazardous Products Act (R.S.C., 1985, c. H-3)

Act current to 2016-01-25 and last amended on 2015-02-11. Previous Versions

Application

Marginal note:Restrictions on application

 This Part does not apply in respect of the sale or importation of any

  • (a) to (c) [Repealed, 2014, c. 20, s. 113]

  • (d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive;

  • (e) hazardous waste, being a hazardous product that is sold for recycling or recovery or is intended for disposal;

  • (f) and (g) [Repealed, 2014, c. 20, s. 113]

  • (h) tobacco or a tobacco product as defined in section 2 of the Tobacco Act;

  • (i) manufactured article; or

  • (j) anything listed in Schedule 1.

  • R.S., 1985, c. H-3, s. 12;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1997, c. 9, s. 105, c. 13, s. 62;
  • 2002, c. 28, s. 86;
  • 2010, c. 21, s. 74;
  • 2014, c. 20, s. 113.

Prohibitions

Marginal note:Prohibition re sale
  •  (1) Subject to the Hazardous Materials Information Review Act, no supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada unless

    • (a) the supplier has in their possession a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1);

    • (a.1) on the sale of the hazardous product to any person or government, the supplier provides to the person or government the safety data sheet referred to in paragraph (a), or causes it to be provided, if on that sale the person or government acquires possession or ownership of that hazardous product; and

    • (b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

  • Definition of government

    (2) In this section, government means any of the following or their institutions:

  • R.S., 1985, c. H-3, s. 13;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1999, c. 31, s. 128(F);
  • 2014, c. 20, s. 114.
Marginal note:Prohibition re importation

 Subject to the Hazardous Materials Information Review Act, no supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada unless

  • (a) the supplier obtains or prepares, on or before the importation of the hazardous product, a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1); and

  • (b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

  • R.S., 1985, c. H-3, s. 14;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 114.
Marginal note:Prohibition re sale
  •  (1) Despite section 13, no supplier shall sell a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act, the supplier complies with the requirements set out in paragraphs 13(1)(a) to (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).

  • Marginal note:Prohibition re importation

    (2) Despite section 14, no supplier shall import a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act, the supplier complies with the requirements set out in paragraphs 14(a) and (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).

  • 2014, c. 20, s. 114.
Marginal note:False information  — hazardous product or container
  •  (1) No supplier shall sell or import a hazardous product that is intended for use, handling or storage in a work place in Canada if the hazardous product or the container in which the hazardous product is packaged has affixed to, printed on or attached to it information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b) or 14(a) and (b), as the case may be.

  • Marginal note:Safety data sheet  —  sale

    (2) No supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that is in their possession in order to comply with the requirement set out in paragraph 13(1)(a), or that they provide or cause to be provided in order to comply with the requirement set out in paragraph 13(1)(a.1), is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to meet the requirements set out in paragraphs 13(1)(a) to (b).

  • Marginal note:Safety data sheet  — importation

    (3) No supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that the supplier obtains or prepares in order to comply with the requirement set out in paragraph 14(a) is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 14(a) and (b).

  • Marginal note:Course of sale

    (4) No supplier who sells a hazardous product that is intended for use, handling or storage in a work place in Canada shall, in the course of selling the hazardous product, communicate by any means any information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b).

  • 2014, c. 20, s. 114.

Preparing and Maintaining Documents

Marginal note:Requirements
  •  (1) Every supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada shall prepare and maintain

    • (a) a document containing a true copy of a label that represents the label that is affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged in order to meet the requirement set out in paragraph 13(1)(b) or 14(b), as the case may be, when they sell or import the hazardous product;

    • (b) a document containing a true copy of a safety data sheet for the hazardous product that represents the safety data sheet that is in their possession in order to meet the requirement set out in paragraph 13(1)(a) or that they obtain or prepare in order to meet the requirement set out in paragraph 14(a), as the case may be, when they sell or import the hazardous product;

    • (c) if the supplier obtained the hazardous product from another person, a document that indicates the person’s name and address, the quantity of the hazardous product obtained by the supplier and the month and year in which they obtained it;

    • (d) a document that indicates, for any sales of the hazardous product that result in a transfer of ownership or possession, the locations at which those sales took place, the period during which they took place, and, for each month in that period, the quantity sold during the month; and

    • (e) the prescribed documents.

  • Marginal note:Period for keeping documents

    (2) The supplier shall keep the documents for six years after the end of the year to which they relate or for any other period that may be prescribed.

  • Marginal note:Keeping and providing documents

    (3) The supplier shall keep the documents at the supplier’s place of business in Canada or at any prescribed place and shall, on written request, within the time and in the manner specified in the request, provide them to the Minister or an inspector.

  • Marginal note:Exemption  — outside Canada

    (4) The Minister may, subject to any terms and conditions that he or she may specify, exempt a supplier from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the supplier to keep them in Canada.

  • 2014, c. 20, s. 114.
 
Date modified: