Hazardous Products Regulations (SOR/2015-17)

Regulations are current to 2017-12-11 and last amended on 2015-02-11. Previous Versions

Marginal note:Concentration ranges

 If the concentration of a material or substance in a hazardous product is required to be provided on a safety data sheet and the material or substance is not always present at the same concentration, the safety data sheet must provide, in lieu of the concentration of the material or substance, the actual concentration range of the material or substance in the hazardous product.

PART 5Exceptions

Definition of laboratory sample

  •  (1) In this section, laboratory sample means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used

    • (a) by the laboratory for testing other products, mixtures, materials or substances; or

    • (b) for educational or demonstration purposes.

  • Marginal note:Sale or importation — biohazardous infectious materials — safety data sheet

    (2) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraphs 13(1)(a) and (a.1) and 14(a) of the Act.

  • Marginal note:Transfer of possession — biohazardous infectious materials — safety data sheet and label

    (3) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is classified only in the category “Biohazardous Infectious Materials — Category 1”, is exempt from the application of section 13 of the Act.

  • Marginal note:Transfer of possession — safety data sheet

    (4) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is one of the following types, is exempt from the application of paragraphs 13(1)(a) and (a.1) of the Act:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample for which the supplier has not offered or exposed the hazardous product for transfer of ownership.

  • Marginal note:Sale or importation — biohazardous infectious materials — label

    (5) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraph 3(1)(d) if the label provides the chemical name or generic chemical name of any material that is in the hazardous product and that is classified as a biohazardous infectious material, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product.

  • Marginal note:Transfer of possession — label

    (6) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, is exempt from the application of paragraphs 3(1)(c) and (d) if the label provides the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product, and if that laboratory sample is one of the following types:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample in respect of which the supplier has not offered or exposed the hazardous product for transfer of ownership.

Marginal note:Mixture of radioactive nuclides and non-radioactive carriers — section 13 or 14 of Act
  •  (1) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of section 13 or 14 of the Act if the carrier

    • (a) is present in an amount that is

      • (i) in the case of a liquid or gaseous carrier, less than or equal to 1.0 ml, or

      • (ii) in the case of a solid carrier, less than or equal to 1.0 g; and

    • (b) is not

      • (i) classified in any category or subcategory of the “Carcinogenicity”, “Germ Cell Mutagenicity”, “Reproductive Toxicity” or “Biohazardous Infectious Materials” hazard class,

      • (ii) classified in the category “Acute Toxicity (Oral) — Category 1” or “Acute Toxicity (Dermal) — Category 1” of the “Acute Toxicity” hazard class, or

      • (iii) classified in the category “Acute Toxicity (Inhalation) — Category 1” or “Acute Toxicity (Inhalation) — Category 2” of the “Acute Toxicity” hazard class.

  • Marginal note:Mixture of radioactive nuclides and non-radioactive carriers — paragraph 13(1)(b) or 14(b) of Act

    (2) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act in respect of the requirement to have a label on the inner container of the hazardous product if the hazardous product is packaged in more than one container and the outer container has a label that provides the information elements required by Part 3.

  • Marginal note:Mixture of radioactive nuclides and non-radioactive carriers

    (3) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of

    • (a) paragraph 3(1)(b); and

    • (b) paragraph 3(1)(c) and subparagraph 3(1)(d)(ii), in respect of the requirement to provide any precautionary statement on the label of the hazardous product or the container in which it is packaged.

Marginal note:Outer container

 The sale or importation of a hazardous product is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act in respect of the requirement to have a label on the outer container of the hazardous product if

  • (a) the label on the inner container is visible and legible through the outer container under normal conditions of storage and handling; or

  • (b) the outer container has a label that meets the requirements set out in the Transportation of Dangerous Goods Regulations.

Marginal note:Label — outer container — at least two hazardous products

 In the case of an outer container in which at least two different hazardous products are packaged, subsection 3(1) does not apply if the label provides the following information elements:

  • (a) the product identifier for each hazardous product contained in the outer container;

  • (b) the initial supplier identifier;

  • (c) subject to subsection 3.6(3), the pictogram set out in column 3 of Schedule 3 designated for each category or subcategory in which each hazardous product contained in the outer container is classified;

  • (d) the precautionary statement applicable to the storage of each of the hazardous products contained in the outer container; and

  • (e) the statement “See individual product labels for signal words, hazard statements and precautionary statements/Voir les étiquettes sur chacun des produits pour les mentions d’avertissement, les mentions de danger et les conseils de prudence”.

Marginal note:Small-capacity containers — 100 ml or less
  •  (1) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 100 ml, including any subsequent container of the same capacity in which that first container is packaged, is exempt from the application of paragraph 3(1)(c) and subparagraph 3(1)(d)(i) or (ii) in respect of the requirement to provide any precautionary statement or hazard statement on the label of the hazardous product or the container.

  • Marginal note:Small-capacity containers — 3 ml or less

    (2) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 3 ml is exempt from the application of section 3.5 in respect of normal conditions of use if the label interferes with the normal use of the hazardous product.

Definition of bulk shipment

  •  (1) In this section, bulk shipment means a shipment of a hazardous product that is contained in any of the following, without intermediate containment or intermediate packaging:

    • (a) a vessel that has a water capacity equal to or greater than 450 l;

    • (b) a freight container, road vehicle, railway vehicle or portable tank;

    • (c) the hold of a ship; or

    • (d) a pipeline.

  • Marginal note:Bulk shipments and unpackaged hazardous products

    (2) The sale or importation of a bulk shipment or a hazardous product without packaging of any sort is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act.

 
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