Hazardous Products Regulations (SOR/2015-17)

Marginal note:Importation for use in own work place — safety data sheet

• 5.9 (1) If an importer imports a hazardous product from a foreign supplier for use in their own work place in Canada and obtains a safety data sheet from the foreign supplier, the importer is exempt from the requirement to provide, on the safety data sheet, the specific information element set out in paragraph 1(d) of Schedule 1 if the name, address and telephone number of the foreign supplier is retained on the safety data sheet.

• Marginal note:Importation for use in own work place — label

  (2) If an importer imports a hazardous product from a foreign supplier for use in their own work place in Canada, the importer is exempt from the application of paragraph 3(1)(b) in respect of the requirement to provide the initial supplier identifier on the label if the name, address and telephone number of the foreign supplier is retained on the label.

Marginal note:Repetition of symbols on label

5.10 The sale or importation of a hazardous product is exempt from the application of paragraphs 3(1)(c) to (d), in respect of the requirement to provide a pictogram on the label of the hazardous product or its container, if the symbol of the pictogram appears on another label in accordance with the Transportation of Dangerous Goods Regulations on that same hazardous product or that same container and if the other label also meets the requirements of section 3.5.

Marginal note:Safety data sheet for hazardous products — same product identifier

5.11 The sale or importation of a hazardous product is exempt from the application of paragraph 13(1)(a.1) or 14(a) of the Act in respect of the requirement to provide, or cause to be provided, a safety data sheet on the sale or to obtain or prepare a safety data sheet on or before the importation, if

• (a) the hazardous product is part of a shipment of hazardous products that have the same product identifier and a safety data sheet is obtained, prepared or provided for one of them; or

• (b) the supplier has provided to the person or government that acquires possession or ownership, or the supplier who imports the hazardous product has in their possession, a safety data sheet for a hazardous product that has the same product identifier and the safety data sheet provides, subject to section 5.12, information that is current at the time of the sale or importation.

Definition of significant new data

• 5.12 (1) In this section, significant new data means new data regarding the hazard presented by a hazardous product that change its classification in a category or subcategory of a hazard class, or result in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product.

• Marginal note:Significant new data available within 90 days — sale

  (2) The sale of a hazardous product for which significant new data became available within 90 days prior to the sale is exempt from the application of subsection 4(1) in respect of the requirement to provide, on the safety data sheet, information that is available at the time of the sale if, at the time of the sale, the supplier ensures that the person or government that acquires possession or ownership is provided with

  • (a) a safety data sheet that includes all information available at the time of the sale, with the exception of the significant new data; and

  • (b) a document that provides the changes to the safety data sheet that are required as a result of the significant new data and the date on which the significant new data became available.

• Marginal note:Significant new data available within 90 days — importation

  (3) The importation of a hazardous product for which significant new data became available within 90 days prior to the importation is exempt from the application of subsection 4(1) in respect of the requirement to provide, on the safety data sheet, information that is available at the time of the importation if, at the time of the importation, the supplier

  • (a) obtains a safety data sheet that includes all of the information available at the time of the importation, with the exception of the significant new data; and

  • (b) obtains or prepares a document that provides the changes to the safety data sheet that are required as a result of the significant new data and the date on which the significant new data became available and appends that document to the safety data sheet referred to in paragraph (a).

• Marginal note:Significant new data available within 180 days — sale

  (4) The sale of a hazardous product for which significant new data became available within 180 days prior to the sale is exempt from the application of subsection 3(1) in respect of the requirement to provide, on the label, information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the sale if, at the time of the sale,

  • (a) the hazardous product or container in which the hazardous product is packaged has a label that provides all the information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the sale, with the exception of the significant new data; and

  • (b) the person or government that acquires possession or ownership is provided with a document that provides the changes to the label that are required as a result of the significant new data and the date on which the significant new data became available.

• Marginal note:Significant new data available within 180 days — importation

  (5) The importation of a hazardous product for which significant new data became available within 180 days prior to the importation is exempt from the application of subsection 3(1) in respect of the requirement to provide, on the label, information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the importation if, at the time of the importation,

  • (a) the hazardous product or container in which the hazardous product is packaged has a label that includes all of the information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the importation, with the exception of the significant new data; and

  • (b) the supplier obtains or prepares a document that provides the changes to the label that are required as a result of the significant new data and the date on which the significant new data became available.

Marginal note:Transfer of possession for purpose of transportation

5.13 The transfer of possession of a hazardous product that creates a bailment for the purpose of transportation or, in Quebec, the transfer of possession of a hazardous product for the purpose of transportation, without transferring ownership, and with the obligation to deliver it to the person or government that acquired possession or ownership, is exempt from the application of paragraph 13(1)(a.1) of the Act in respect of the requirement to provide, or cause to be provided, a safety data sheet to the person to whom the possession of the product is transferred for the purpose of transportation.

Definition of transit

• 5.14 (1) In this section, transit means, in relation to a hazardous product, its transport through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada, and, while in transport, its loading, unloading, packing, unpacking or storage.

• Marginal note:Importation — transit

  (2) The importation of a hazardous product is exempt from the application of section 14 of the Act if

  • (a) the hazardous product is or is intended to be in transit; and

  • (b) the hazardous product is not intended for use in a work place in Canada.

• Marginal note:Sale — exportation

  (3) The sale of a hazardous product, for the purpose of its exportation, is exempt from the application of section 13 of the Act if

  • (a) the hazardous product is or is intended to be transported or, while in transport, is or is intended to be loaded, unloaded, packed, unpacked or stored, for the purpose of that sale; and

  • (b) the hazardous product is not intended for use in a work place in Canada.

Marginal note:Importation to bring into compliance

• 5.15 (1) The importation of a hazardous product is exempt from the application of paragraph 14(b) of the Act if the hazardous product is imported for the purpose of being brought into compliance with the labelling requirements of these Regulations before it is used or sold.

• Marginal note:Credible evidence

  (2) A supplier who imports a hazardous product for the purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance with the labelling requirements of these Regulations.

PART 6Additional Requirements

Marginal note:Communication of information elements — health professionals

• 6 (1) A supplier who sells or imports a hazardous product intended for use, handling or storage in a work place in Canada must provide, as soon as feasible, any information element in respect of the hazardous product that is referred to in subsection 4(1) and is in the possession of the supplier to any health professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an individual in an emergency.

• Marginal note:Confidentiality

  (2) Any information that, by virtue of an exemption under the Hazardous Materials Information Review Act or these Regulations, is not required to be provided on the safety data sheet but has nevertheless been provided by a supplier to any health professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an individual in a medical emergency must be kept confidential, except for the purpose for which it was provided, if the health professional has been informed by the supplier that the information is to be kept confidential.

Marginal note:Communication of source for toxicological data

6.1 Subject to the Hazardous Materials Information Review Act, a supplier who sells or imports a hazardous product intended for use, handling or storage in a work place in Canada must disclose, as soon as feasible, the source of information for any toxicological data used in the preparation of a safety data sheet on the request of an inspector, any person or government to which the hazardous product is sold or any user of the hazardous product.

Marginal note:Bilingual safety data sheet and label

• 6.2 (1) The information elements provided on a safety data sheet and on a label must be in both official languages of Canada.

• Marginal note:Bilingual presentation

  (2) The information elements referred to in subsection (1) may

  • (a) in the case of a safety data sheet, appear either on a single bilingual safety data sheet or in a document in two unilingual parts that constitute one bilingual safety data sheet; and

  • (b) in the case of a label, appear either on a single bilingual label or in a group of information elements in two unilingual parts that constitute one bilingual label.

PART 7Physical Hazard Classes

SUBPART 1Explosives

[7.1 reserved]

SUBPART 2Flammable Gases

Definitions

Marginal note:Definitions

7.2 The following definitions apply in this Subpart.

chemically unstable gas

chemically unstable gas means a flammable gas that is liable to react explosively even in the absence of air or oxygen. (gaz chimiquement instable)

flammable gas

flammable gas means a gas that has a flammable range when mixed with air at 20°C and at the standard pressure of 101.3 kPa. (gaz inflammable)

pyrophoric gas

pyrophoric gas means a flammable gas that is liable to ignite spontaneously in air at a temperature of 54°C or less. (gaz pyrophorique)

Classification in a Category of the Class

Marginal note:Exclusions — aerosols

• 7.2.1 (1) Any product that is classified in a category of the hazard class “Aerosols” need not be classified in any category or subcategory of this hazard class.

• Marginal note:Exclusions — chemicals under pressure

  (1.1) Any product that is classified in a category of the hazard class “Chemicals Under Pressure” must not be classified in any category or subcategory of this hazard class.

• Marginal note:Categories — flammable gas

  (2) A flammable gas is classified in a category or subcategory of this hazard class in accordance with the following table:

  	Column 1	Column 2	Column 3
  Item	Category	Subcategory	Criteria
  1		Flammable Gases — Category 1A, Flammable Gas	A flammable gas that (a) is ignitable when mixed with air at a concentration ≤ 13.0% by volume; or (b) has a flammable range when mixed with air ≥ 12 percentage points, regardless of the lower flammability limit, unless data demonstrate it meets the criteria for the subcategory “Flammable Gases — Category 1B, Flammable Gas”
  2		Flammable Gases — Category 1B, Flammable Gas	A flammable gas that meets the criteria for the subcategory “Flammable Gases — Category 1A, Flammable Gas”, but does not meet the criteria for the subcategory “Flammable Gases — Category 1A, Pyrophoric Gas”, “Flammable Gases — Category 1A, Chemically Unstable Gas A” or “Flammable Gases — Category 1A, Chemically Unstable Gas B”, and that has (a) a lower flammability limit of > 6.0% by volume in air; or (b) a fundamental burning velocity < 10 cm/s
  3	Flammable Gases — Category 2, Flammable Gas		A flammable gas that does not meet the criteria for the subcategory “Flammable Gases — Category 1A, Flammable Gas” or “Flammable Gases — Category 1B, Flammable Gas”

• Marginal note:Subcategories — chemically unstable gas

  (2.1) A chemically unstable gas is classified in a subcategory of this hazard class in accordance with the following table:

  	Column 1	Column 2
  Item	Subcategory	Criteria
  1	Flammable Gases — Category 1A, Chemically Unstable Gas A	A flammable gas that, at 20°C and at the standard pressure of 101.3 kPa, is a chemically unstable gas
  2	Flammable Gases — Category 1A, Chemically Unstable Gas B	A flammable gas that, at > 20°C or at a pressure > 101.3 kPa, is a chemically unstable gas

• Marginal note:Subcategory — pyrophoric gas

  (2.2) A pyrophoric gas is classified in the subcategory of this hazard class in accordance with the following table:

  	Column 1	Column 2
  Item	Subcategory	Criteria
  1	Flammable Gases — Category 1A, Pyrophoric Gas	A flammable gas that is a pyrophoric gas

• Marginal note:Calculation method

  (3) Test data have priority over data obtained using a calculation method. If a calculation method is used to establish whether a gas is classified in this hazard class, the calculation method set out in the International Organization for Standardization standard ISO 10156:2017 entitled Gas cylinders — Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, as amended from time to time, or any other calculation method that is a scientifically validated method, must be used.

• Marginal note:Data permits classification in category or subcategory

  (4) If the data obtained using a calculation method referred to in subsection (3) support the conclusion that the gas must be classified in a category or subcategory of this hazard class in accordance with the tables following subsection 7.2.1(2), (2.1) or (2.2), the gas must be classified in the appropriate category or subcategory.

• Marginal note:Data does not permit classification in category or subcategory

  (5) If the data obtained using a calculation method referred to in subsection (3) support the conclusion that the gas is a flammable gas, but do not permit for the determination of classification in the appropriate category or subcategory of this hazard class, the gas must be classified in the subcategory “Flammable Gases – Category 1A, Flammable Gas”.