Hazardous Products Regulations (SOR/2015-17)

Marginal note:Pictograms

3.1 Any pictogram required to be provided on a label must, except with respect to size, be an exact reproduction of that pictogram as set out in column 3 of Schedule 3 and must,

• (a) except for the pictogram for “Biohazardous Infectious Materials”, have a black symbol on a white background with a red border in the shape of a square set on one of its points; and

• (b) in the case of the pictogram for “Biohazardous Infectious Materials”, have a black symbol on a white background with a black border in the shape of a circle.

Marginal note:Combined precautionary statements

• 3.2 (1) The precautionary statements that are required to be provided on a label may be combined if the combination contains the same information as would have been conveyed by each of the individual precautionary statements.

• Marginal note:Non-applicable precautionary statements

  (2) If a precautionary statement that is required to be provided on a label does not apply in a particular case with regard to the normal conditions of use, handling and storage of the hazardous product, it may be omitted.

• Marginal note:Combined hazard statements

  (3) The hazard statements that are required to be provided on a label may be combined if the combination contains the same information as would have been conveyed by each of the individual hazard statements.

Marginal note:Information elements of label

3.3 The pictogram, signal word and hazard statement must be grouped together on the label.

Marginal note:Legibility

3.4 The information elements of the label of the hazardous product or container in which it is packaged must be clearly and prominently displayed on a surface that is visible under normal conditions of use, easily legible without the aid of any device other than corrective lenses and contrasted with any other information on the hazardous product or the container.

Marginal note:Durability

3.5 The information elements of the label of the hazardous product or container in which it is packaged must, under normal conditions of transport and use, remain affixed to, printed or written on or attached to the hazardous product or the container and remain legible.

Marginal note:Specific rule — signal word

• 3.6 (1) If there is a requirement to provide the signal word “Danger” on a label, any requirement to provide the signal word “Warning” does not apply.

• Marginal note:Specific rule — hazard statement

  (2) If there is a requirement to provide the hazard statement “Causes severe skin burns and eye damage” on a label, any requirement to provide the hazard statement “Causes serious eye damage” does not apply.

• Marginal note:Specific rule — symbol

  (3) In the case of the symbols specified below, the following apply:

  • (a) if there is a requirement to provide the “skull and crossbones” symbol on a label, any requirement to provide the “exclamation mark” symbol to indicate acute toxicity does not apply;

  • (b) if there is a requirement to provide the “corrosion” symbol on a label, any requirement to provide the “exclamation mark” symbol to indicate skin or eye irritation does not apply; and

  • (c) if there is a requirement to provide the “health hazard” symbol on a label to indicate respiratory sensitization, any requirement to provide the “exclamation mark” symbol to indicate skin sensitization or skin or eye irritation does not apply.

PART 4Safety Data Sheet

Marginal note:Information elements

• 4 (1) Subject to section 4.7 and for the purposes of paragraphs 13(1)(a) and 14(a) of the Act, the safety data sheet of a hazardous product must provide, in respect of the hazardous product, the following information elements:

  • (a) the headings set out in column 1 of Schedule 1, in the order they are presented, including the corresponding item number, which is to be placed immediately before the heading;

  • (b) subject to sections 4.4.1 and 4.5, the content of the specific information elements set out in paragraphs 3(1)(a) and (2)(a) and (d) of Schedule 1 for the heading for item 3 and, for each heading of that Schedule, if the information is available and applicable, the content of the other specific information elements of that Schedule, including the unit of measure, if applicable, taking into account the following:

    • (i) if any of the information — except that required by paragraphs 3(1)(a) and (2)(a) and (d) of that Schedule — is not available or not applicable, an indication to that effect must be clearly stated in lieu of the required specific information element, and

    • (ii) in the case of a mixture, the information provided under the heading for item 11 of Schedule 1 must be information that is available on the mixture as a whole, and if information is not available on the mixture as a whole, it must be information that is available on the hazardous ingredients in the mixture, together with a clear indication of the chemical name of the hazardous ingredient to which the information pertains; and

  • (c) under any applicable heading, all additional hazard information that is available with respect to

    • (i) the hazardous product, and

    • (ii) a product, mixture, material or substance that has similar properties, including any evidence based on established scientific principles, if that information is applicable to the normal conditions of use of the hazardous product and is not redundant, indicated alongside an identification of the product, mixture, material or substance that has similar properties.

• Marginal note:Items 12 to 15 of Schedule 1

  (2) Despite subsection (1), under each heading set out for items 12 to 15 of Schedule 1, the content of the specific information elements in that Schedule may be omitted.

• Marginal note:Biohazardous Infectious Materials — additional information elements

  (3) The following information elements must be provided, immediately following the information elements required by subsection (1), on the safety data sheet of a hazardous product that is classified in a category of the hazard class “Biohazardous Infectious Materials”:

  • (a) the headings set out in Schedule 2, in the order they are presented;

  • (b) under each heading, the name of each specific information element set out in column 2 in respect of that heading in the order they are presented; and

  • (c) under the name of each specific information element, the content of the information element, if the information is available and applicable, including the unit of measure, if applicable, taking into account the following:

    • (i) if any of the information is not available or not applicable, an indication to that effect must be clearly stated in lieu of the required information, and

    • (ii) any information provided under one heading of the safety data sheet need not be repeated under any other heading.

• Marginal note:More than one biohazardous infectious material

  (4) In the case where a mixture contains more than one ingredient that is classified as a biohazardous infectious material, the information required by subsection (3) must be provided in distinct parts on the safety data sheet, sequentially, for each biohazardous infectious material.

Marginal note:Instructions for use — new material or substance

• 4.1 (1) In the case of a hazardous product for which instructions for use, provided at the time of the sale or importation, require its combination with one or more products, mixtures, materials or substances resulting in the creation of one or more new materials or substances that present one or more new or more severe hazards not already identified on the safety data sheet of the hazardous product, the safety data sheet must also provide the following information elements, in respect of each new material or substance and clearly indicate that they pertain to that new material or substance:

  • (a) the nature of the new or more severe hazard; and

  • (b) the content of the applicable specific information elements set out in items 4 to 11, column 2, of Schedule 1, for each corresponding heading, that is available.

• Marginal note:Placement of information elements

  (2) Despite subsection 4(1), the information elements required by subsection (1) may appear anywhere on the safety data sheet.

Marginal note:Identical identifiers

4.2 The product identifier, the initial supplier identifier and, if applicable, any replacement information required under subsection 5.7(9) or (10) that are provided on the safety data sheet of a hazardous product must be identical to those provided on the label.

Marginal note:Concentration units

4.3 If the concentration of a material or substance in a hazardous product is expressed as a percentage on the safety data sheet, the units used to calculate the percentage must be provided.

Marginal note:Most hazardous concentration

4.4 If ingredients in a mixture that is a hazardous product are present in a range of concentrations, the information provided on the safety data sheet must be based on data available that correspond to the most hazardous concentration of each ingredient in the mixture, whether those data pertain to an ingredient or the mixture as a whole.

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

• 4.4.1 (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;

  • (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; or

  • (c) a concentration range of the material or substance in the hazardous product that falls entirely within one of the concentration ranges set out in subsection (3).

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

  (2) For the purposes of paragraphs (1)(b) and (c), 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), then any one of those ranges or a range that falls entirely within 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 the concentration range, a statement to the effect that the actual concentration is withheld as a trade secret.

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

• 4.5 (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;

  • (b.1) a concentration range of the material or substance in the hazardous product that falls entirely within one of the concentration ranges set out in subsection (3); 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 paragraphs (1)(b) and (b.1), 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), then any one of those ranges or a range that falls entirely within 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) to (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), (b.1) 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.