Canada Occupational Health and Safety Regulations

10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a controlled product and may, in so doing, replace the generic name of the substance with the product identifier, where the controlled product is a controlled product that

• (a) is present in the work place;

• (b) was received from a supplier; and

• (c) is one of the following:

  • (i) an explosive within the meaning of section 2 of the Explosives Act,

  • (ii) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act,

  • (iii) a control product within the meaning of section 2 of the Pest Control Products Act,

  • (iv) a nuclear substance, within the meaning of section 2 of the Nuclear Safety and Control Act, that is radioactive, and

  • (v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

(2) An employer may store a controlled product received from a supplier without having a supplier label on it, without having obtained a material safety data sheet for it and without having conducted a program of employee education with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

• (a) while the employer is actively seeking a supplier label and a supplier material safety data sheet for the controlled product; and

• (b) if labelling affixed to the container of the controlled product containing information on the controlled product is not removed, defaced, modified or altered.