Hazardous Products Regulations

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) the significant new data and the date on which they became available, in writing.

• 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 significant new data and the date on which they 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 the significant new data and the date on which they became available, in writing.

• 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 significant new data and the date on which they became available.