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

Marginal note:False information  — hazardous product or container

• 14.2 (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).

Preparing and Maintaining Documents

Marginal note:Requirements

• 14.3 (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.

Regulations

Marginal note:Regulations

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

  • (a) defining, for the purposes of Schedule 2, any word or expression used in Schedule 2 but not defined in this Act;

  • (a.1) establishing, for any hazard class listed in Schedule 2, categories and subcategories of that hazard class;

  • (b) respecting the classification of products, mixtures, materials and substances in a category or subcategory of a hazard class listed in Schedule 2;

  • (c) respecting safety data sheets;

  • (c.1) respecting labels;

  • (d) respecting the preparation and maintenance of documents, including by specifying the documents to be prepared and maintained, where they are to be kept and for how long;

  • (e) [Repealed, 2014, c. 20, s. 115]

  • (f) exempting from the application of this Part and the regulations made under this subsection or any provision of this Part or those regulations, on any terms and conditions that may be specified in those regulations,

    • (i) the sale or importation of any hazardous product or class of hazardous products either generally or in the quantities or concentrations, in the circumstances, at the places, premises or facilities, for the purposes or in the containers that are specified in those regulations, and

    • (ii) any class of suppliers;

  • (g) and (h) [Repealed, 2014, c. 20, s. 115]

  • (i) defining the expression work place for the purposes of this Part;

  • (j) requiring any supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada to provide, as soon as feasible, any information that is included in the safety data sheet that is in the supplier’s possession for the hazardous product to any prescribed safety professional or health professional who requests that information for a prescribed purpose;

  • (k) requiring a prescribed safety professional or health professional  —  to whom a supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada has provided information about the hazardous product that the supplier is exempt from disclosing under any Act of Parliament  —  to keep confidential, except for the purpose for which it is provided, any of that information that the supplier specifies as being confidential, if that information was provided at the request of the safety professional or health professional for a prescribed purpose;

  • (l) subject to the Hazardous Materials Information Review Act, requiring any supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada to identify, as soon as feasible, on request of any person within a class of persons specified in the regulations made under this subsection, the source for any toxicological data used in the preparation of any safety data sheet that the supplier has provided or caused to be provided in order to meet the requirement set out in paragraph 13(1)(a.1) or has obtained or prepared in order to meet the requirement set out in paragraph 14(a), as the case may be;

  • (l.1) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;

  • (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:Regulations

  (2) The Governor in Council may make regulations respecting the sale or importation of any hazardous product referred to in subsection 14.1(1) or (2).

• Marginal note:Externally produced material

  (3) A regulation made under subsection (1) or (2) may incorporate by reference documents produced by a person or body other than the Minister, including by

  • (a) an organization established for the purpose of writing standards, such as an organization accredited by the Standards Council of Canada;

  • (b) an industrial or trade organization; or

  • (c) a government.

• Marginal note:Reproduced or translated material

  (4) A regulation made under subsection (1) or (2) may incorporate by reference documents that the Minister reproduces or translates from documents produced by a person or body other than the Minister

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

• Marginal note:Jointly produced documents

  (5) A regulation made under subsection (1) or (2) may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (6) A regulation made under subsection (1) or (2) may incorporate by reference technical or explanatory documents that the Minister produces, including

  • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (7) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (8) Subsections (3) to (7) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

• Definition of government

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

  • (a) the federal government;

  • (b) a corporation named in Schedule III to the Financial Administration Act;

  • (c) a provincial government or a public body established under an Act of the legislature of a province;

  • (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

  • (e) a government of a foreign state or of a subdivision of a foreign state; and

  • (f) an international organization of states.

16 [Repealed, 2014, c. 20, s. 116]

Interim Orders

Marginal note:Interim orders — regulations

• 16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

• Marginal note:Interim orders  — section 18

  (2) The Minister may make an interim order in which any power referred to in section 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

• Marginal note:Cessation of effect

  (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• Marginal note:Exemption from Statutory Instruments Act

  (5) An interim order

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Deeming

  (6) For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.