Hazardous Products Regulations (SOR/2015-17)

Regulations are current to 2018-12-12 and last amended on 2018-04-04. Previous Versions

PART 4Safety Data Sheet (continued)

Marginal note:Concentration range — material or substance always present at the same concentration

  •  (1) If the concentration of a material or substance in a hazardous product is required to be provided on a safety data sheet and the material or substance is always present at the same concentration, the safety data sheet must provide

    • (a) the actual concentration of the material or substance in the hazardous product; or

    • (b) one of the concentration ranges set out in subsection (3) within which the actual concentration of the material or substance in the hazardous product falls.

  • Marginal note:Actual concentration within more than one concentration range

    (2) For the purpose of paragraph (1)(b), if the actual concentration of a material or substance in a hazardous product falls within more than one of the concentration ranges set out in subsection (3), any one of those ranges may be provided on the safety data sheet.

  • Marginal note:Concentration ranges

    (3) For the purposes of paragraph (1)(b) and subsection (2), the concentration ranges are the following:

    • (a) from 0.1 to 1%;

    • (b) from 0.5 to 1.5%;

    • (c) from 1 to 5%;

    • (d) from 3 to 7%;

    • (e) from 5 to 10%;

    • (f) from 7 to 13%;

    • (g) from 10 to 30%;

    • (h) from 15 to 40%;

    • (i) from 30 to 60%;

    • (j) from 45 to 70%;

    • (k) from 60 to 80%;

    • (l) from 65 to 85%; and

    • (m) from 80 to 100%.

  • Marginal note:Statement — trade secret

    (4) If the safety data sheet provides a concentration range further to paragraph (1)(b), it must also provide, immediately following the concentration range, a statement to the effect that the actual concentration is withheld as a trade secret.

  • SOR/2018-68, s. 1.

Marginal note:Concentration range — material or substance not always present at the same concentration

  •  (1) If the concentration of a material or substance in a hazardous product is required to be provided on a safety data sheet and the material or substance is not always present at the same concentration, the safety data sheet must provide

    • (a) the actual concentration range of the material or substance in the hazardous product;

    • (b) one of the concentration ranges set out in subsection (3) within which the actual concentration range of the material or substance in the hazardous product falls entirely; or

    • (c) if the actual concentration range of the material or substance in the hazardous product is equal to or greater than 0.1% but less than or equal to 30%, and the actual concentration range does not fall entirely within any of the concentration ranges set out in subsection (3), a concentration range that is created by combining two consecutive ranges from those set out in paragraphs (3)(a) to (g), provided that the combined concentration range does not include any range that falls entirely outside the actual concentration range in which the material or substance is present in the hazardous product.

  • Marginal note:Actual concentration range within more than one concentration range

    (2) For the purposes of paragraph (1)(b), if the actual concentration range of a material or substance in a hazardous product falls entirely within more than one of the concentration ranges set out in subsection (3), any one of those ranges may be provided on the safety data sheet.

  • Marginal note:Concentration ranges

    (3) For the purposes of paragraphs (1)(b) and (c) and subsection (2), the concentration ranges are the following:

    • (a) from 0.1 to 1%;

    • (b) from 0.5 to 1.5%;

    • (c) from 1 to 5%;

    • (d) from 3 to 7%;

    • (e) from 5 to 10%;

    • (f) from 7 to 13%;

    • (g) from 10 to 30%;

    • (h) from 15 to 40%;

    • (i) from 30 to 60%;

    • (j) from 45 to 70%;

    • (k) from 60 to 80%;

    • (l) from 65 to 85%; and

    • (m) from 80 to 100%.

  • Marginal note:Statement — trade secret

    (4) If the safety data sheet provides a concentration range further to paragraph (1)(b) or (c), it must also provide, immediately following that concentration range, a statement to the effect that the actual concentration range is withheld as a trade secret.

  • SOR/2018-68, s. 1.

PART 5Exceptions

Definition of laboratory sample

  •  (1) In this section, laboratory sample means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used

    • (a) by the laboratory for testing other products, mixtures, materials or substances; or

    • (b) for educational or demonstration purposes.

  • Marginal note:Sale or importation — biohazardous infectious materials — safety data sheet

    (2) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraphs 13(1)(a) and (a.1) and 14(a) of the Act.

  • Marginal note:Transfer of possession — biohazardous infectious materials — safety data sheet and label

    (3) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is classified only in the category “Biohazardous Infectious Materials — Category 1”, is exempt from the application of section 13 of the Act.

  • Marginal note:Transfer of possession — safety data sheet

    (4) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is one of the following types, is exempt from the application of paragraphs 13(1)(a) and (a.1) of the Act:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample for which the supplier has not offered or exposed the hazardous product for transfer of ownership.

  • Marginal note:Sale or importation — biohazardous infectious materials — label

    (5) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraph 3(1)(d) if the label provides the chemical name or generic chemical name of any material that is in the hazardous product and that is classified as a biohazardous infectious material, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product.

  • Marginal note:Transfer of possession — label

    (6) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, is exempt from the application of paragraphs 3(1)(c) and (d) if the label provides the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product, and if that laboratory sample is one of the following types:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample in respect of which the supplier has not offered or exposed the hazardous product for transfer of ownership.

 
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