Hazardous Products Act

Version of section 15 from 2002-12-31 to 2015-02-10:


Marginal note:Regulations

  •  (1) Subject to section 19, the Governor in Council may make regulations

    • (a) specifying, for each class listed in Schedule II, products, materials and substances to be included in that class;

    • (b) establishing, for any class listed in Schedule II, divisions or subdivisions of that class and specifying, for each controlled product included in that class, the division or subdivision into which it falls;

    • (c) prescribing information to be disclosed on a material safety data sheet or label;

    • (d) prescribing the form and manner in which information shall be disclosed on a label and the manner in which a label shall be applied to a controlled product or container in which a controlled product is packaged;

    • (e) prescribing hazard symbols and the manner in which hazard symbols shall be displayed on a controlled product or container in which a controlled product is packaged;

    • (f) exempting from the application of this Part and the regulations or any provision thereof, on such terms and conditions as may be specified in the regulations, the sale or importation of controlled products in such quantities or concentrations, in such circumstances, at such places, premises or facilities, for such purposes or in such containers as are specified in the regulations;

    • (g) prescribing the manner of determining any quantities or concentrations of controlled products exempted pursuant to any regulation made under paragraph (f);

    • (h) prescribing circumstances in which, for the purposes of paragraphs 13(a) and 14(a), a material safety data sheet may disclose, in lieu of the concentration of an ingredient of a controlled product, a range of concentration within which the concentration falls and prescribing the range of concentration that shall be disclosed on the material safety data sheet in such circumstances;

    • (i) defining the expressions bulk shipment, hazardous waste and work place for the purposes of this Part;

    • (j) requiring any supplier who sells or imports a controlled product intended for use in a work place in Canada to provide, as soon as is practicable in the circumstances, any information referred to in paragraph 13(a) that is in the supplier’s possession to any physician or other medical professional specified in the regulations who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency;

    • (k) requiring any physician or medical professional to whom information is provided by a supplier pursuant to any regulation made under paragraph (j) to keep confidential any information specified by the supplier as being confidential, except for the purpose for which it is provided;

    • (l) subject to the Hazardous Materials Information Review Act, requiring any supplier who sells or imports a controlled product intended for use in a work place in Canada to identify, as soon as is practicable in the circumstances, on request of any person within a class of persons specified in the regulations, the source of information for any toxicological data used in the preparation of any material safety data sheet that has been transmitted to any person by the supplier pursuant to paragraph 13(a) or has been obtained or prepared by the supplier pursuant to paragraph 14(a);

    • (m) prescribing any other matter or thing that by this Part is to be or may be prescribed; and

    • (n) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:For greater certainty

    (2) For greater certainty, a regulation made pursuant to paragraph (1)(a) may describe a product, material or substance specified thereby to be included in a class listed in Schedule II by reference to any properties or characteristics of the product, material or substance or by reference to any other criteria and any product, material or substance that has those properties or characteristics or meets those criteria shall, for the purposes of this Act, be deemed to have been included in that class by the regulation.

  • Marginal note:Incorporation by reference

    (3) A regulation made pursuant to subsection (1) incorporating a law, standard or specification by reference may incorporate that law, standard or specification as amended from time to time.

  • R.S., 1985, c. H-3, s. 15
  • R.S., 1985, c. 24 (3rd Supp.), s. 1
  • 1999, c. 31, s. 129
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