Canada Occupational Health and Safety Regulations (SOR/86-304)

10.33 (1) Subject to section 10.42, where an employer produces a controlled product, other than a fugitive emission, in the work place or imports into Canada a controlled product and brings it into the work place, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

• (a) paragraph 125.1(e) of the Act; and

• (b) the Controlled Products Regulations.

(2) Subject to section 10.42, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used in the work place in place of the supplier material safety data sheet if

• (a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

• (b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

• (c) the supplier material safety data sheet is readily available for examination by employees in the work place; and

• (d) the work place material safety data sheet discloses that the supplier material safety data sheet is available in the work place.

(3) Where an employer produces, in a work place that is a laboratory supply house, or imports into Canada and brings it into such a work place, a controlled product that is intended for use in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer

• (a) packages the controlled product in containers in quantities of less than 10 kg per container; and

• (b) subject to section 10.42, discloses on the label of the container of the controlled product the information required to be disclosed by

  • (i) paragraph 125.1(e) of the Act, and

  • (ii) section 10.39.

(4) The employer shall update a work place material safety data sheet referred to in subsection (1) or (2) or a label referred to in paragraph (3)(b)

• (a) as soon as practicable but not later than 90 days after new hazard information becomes available to the employer; and

• (b) at least once every three years.

(5) Where the information required to be disclosed by this section is not available or not applicable to the controlled product, the employer shall replace the information with the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the work place material safety data sheet.

10.34 (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 10.32(4), shall keep readily available for examination by employees and by the work place committee or the health and safety representative in any work place in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

• (a) in the case of an employer who is an employer referred to in subsection 10.33(1) or (2), the work place material safety data sheet; and

• (b) in any other case, the supplier material safety data sheet.

(2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may keep a computerized version of the material safety data sheet available in English and in French, for examination by employees and by the work place committee or the health and safety representative, by means of a computer terminal, if the employer

• (a) takes all reasonable steps to maintain the terminal in working order;

• (b) provides the instruction and training referred to in paragraph 10.14(2)(d) to one or more employees on each shift and to all members of the work place committee or the health and safety representative; and

• (c) on the request of an employee, the work place committee or the health and safety representative, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.