Transitional Provisions

Marginal note:Paragraphs 125.1(c) to (e) of Canada Labour Code

143. Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

Marginal note:Products in work place

144. Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

Marginal note:Same meaning

• 145. (1) Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code.

• Marginal note:References

  (2) For the purposes of sections 143 and 144,

  • (a) “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act, as that Act read immediately before the day on which section 114 comes into force;

  • (b) any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and

  • (c) any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.

R.S., c. 24 (3rd Supp.), Part IIIAmendments to the Hazardous Materials Information Review Act

• 146. (1) The definitions “controlled product” and “material safety data sheet” in subsection 10(1) of the Hazardous Materials Information Review Act are repealed.

• (2) Subsection 10(1) of the Act is amended by adding the following in alphabetical order:

  “CAS registry number”

  « numéro d’enregistrement CAS »

  “CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;

  “chemical name”

  « dénomination chimique »

  “chemical name” means a scientific designation of a material or substance that is made in accordance with the rules of nomenclature of either the Chemical Abstracts Service, a division of the American Chemical Society, or the International Union of Pure and Applied Chemistry, or a scientific designation of a material or substance that is internationally recognized and that clearly identifies the material or substance;

  “hazardous product”

  « produit dangereux »

  “hazardous product” has the same meaning as in section 2 of the Hazardous Products Act;

  “label”

  « étiquette »

  “label” means a document that contains a label, as defined in section 2 of the Hazardous Products Act, that meets the requirements set out in the regulations made under subsection 15(1) of that Act;

  “mixture”

  « mélange »

  “mixture” has the same meaning as in section 2 of the Hazardous Products Act;

  “safety data sheet”

  « fiche de données de sécurité »

  “safety data sheet” has the same meaning as in section 2 of the Hazardous Products Act;

  “substance”

  « substance »

  “substance” has the same meaning as in section 2 of the Hazardous Products Act;

Marginal note:1992, c. 1, s. 144(1) (Sch. VII, item 27(F)); 2012, c. 31, par. 284(a)(F)

• 147. (1) Subsections 11(1) and (2) of the Act are replaced by the following:

  Marginal note:Claim for exemption by supplier

  • 11. (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:

    • (a) in the case of a material or substance that is a hazardous product,

      • (i) the chemical name of the material or substance,

      • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

      • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

    • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

      • (i) the chemical name of the ingredient,

      • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

      • (iii) the concentration or concentration range of the ingredient; and

    • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture.

  • Marginal note:Claim for exemption by employer

    (2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:

    • (a) in the case of a material or substance that is a hazardous product,

      • (i) the chemical name of the material or substance,

      • (ii) the CAS registry number, or any other unique identifier, of the material or substance, and

      • (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;

    • (b) in the case of an ingredient that is in a mixture that is a hazardous product,

      • (i) the chemical name of the ingredient,

      • (ii) the CAS registry number, or any other unique identifier, of the ingredient, and

      • (iii) the concentration or concentration range of the ingredient;

    • (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

    • (d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;

    • (e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and

    • (f) information that could be used to identify a supplier of a hazardous product.

• Marginal note:2007, c. 7, s. 1

  (2) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Contents of claim

    (4) A claim for exemption shall be accompanied by the safety data sheet or label to which the claim relates and shall contain

Marginal note:2012, c. 31, par. 284(b)(F)

• 148. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Duties of Chief Screening Officer

  • 12. (1) The Chief Screening Officer shall, on receipt of a claim for exemption and the safety data sheet or label to which it relates and of payment of the required fee,

• (2) Paragraph 12(1)(b) of the Act is replaced by the following:

  • (b) assign a screening officer to review the claim and the safety data sheet or label to which it relates.

• Marginal note:2001, c. 34, s. 50(F)

  (3) Subsection 12(2) of the Act is replaced by the following:

  • Marginal note:Notice

    (2) The notice referred to in paragraph (1)(a) shall contain a statement offering every affected party the opportunity to make, within the period specified in the notice, written representations to the screening officer with respect to the claim for exemption and the safety data sheet or label to which it relates.

• (4) Subsection 12(3) of the French version of the Act is replaced by the following:

  • Marginal note:Limitation

    (3) L’avis visé à l’alinéa (1)a) ne peut fournir de renseignements faisant l’objet de la demande.