Controlled Products Regulations (SOR/88-66)

6. The sale or importation of a controlled product is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to transmit, obtain or prepare a material safety data sheet for the controlled product if

• (a) the controlled product is part of a shipment of controlled products that have the same product identifier and a material safety data sheet is transmitted with the shipment or is obtained or prepared for one of the controlled products; or

• (b) the supplier has transmitted to the person to whom the controlled product is sold or the supplier who imports the controlled product has in his possession a material safety data sheet for a controlled product that has the same product identifier and the material safety data sheet

  • (i) discloses information that is current at the time of the sale or importation, and

  • (ii) was prepared and dated not more than three years before the date of the sale or importation.

• 7. (1) The sale or importation of a controlled product whose chemical composition is similar to the chemical composition of other controlled products in its group is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to transmit, obtain or prepare a material safety data sheet for the controlled product if a generic material safety data sheet for the group of controlled products is transmitted, obtained or prepared.

• (2) The generic material safety data sheet referred to in subsection (1) shall disclose

  • (a) where the range of concentration of an ingredient of the controlled product is different from the range of concentration of the ingredient in the other controlled products in the group, beside the name of the controlled product and the ingredient, the range of concentration of the ingredient in the controlled product, in accordance with section 11; and

  • (b) where the hazard information in respect of the controlled product is different from the hazard information in respect of the other controlled products in the group, beside the name of the controlled product, the hazard information for the controlled product.

8. The sale of a controlled product to an employer is exempt from the application of paragraph 13(a) of the Act in respect of the requirement to disclose information that could be the subject of a claim for exemption under subsection 11(2) of the Hazardous Materials Information Review Act if

• (a) the employer has filed a claim for exemption or is exempt from disclosing that information in respect of the controlled product under

  • (i) the Hazardous Materials Information Review Act, or

  • (ii) the laws of a province; and

• (b) the material safety data sheet of the controlled product transmitted in respect of that sale discloses in place of that information

  • (i) the information referred to in section 26 or 27, or

  • (ii) where the information referred to in section 26 or 27 is not available, an emergency telephone number of the employer that will enable a physician or nurse to obtain any information referred to in paragraph 13(a) of the Act that is in the possession of the employer for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.