Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
Full Document:
- HTMLFull Document: Economic Action Plan 2014 Act, No. 1 (Accessibility Buttons available) |
- PDFFull Document: Economic Action Plan 2014 Act, No. 1 [1577 KB]
Assented to 2014-06-19
PART 6VARIOUS MEASURES
Division 3Regulatory Cooperation Council Initiative on Workplace Chemicals
R.S., c. L-2Amendments to the Canada Labour Code
Marginal note:R.S., c. 24 (3rd Supp.), s. 5; 2000, c. 20, ss. 6(2)(F) and (3)
140. Paragraphs 125.1(c) to (e) of the Act are replaced by the following:
(c) ensure that all hazardous substances in the work place, other than hazardous products, are identified in the manner prescribed;
(d) subject to the Hazardous Materials Information Review Act, ensure that each hazardous product in the work place or each container in the work place in which a hazardous product is contained has affixed to it, printed on it, attached to it or otherwise applied to it a label that meets the prescribed requirements;
(e) subject to the Hazardous Materials Information Review Act, make available to every employee, in the prescribed manner, a safety data sheet for each hazardous product to which the employee may be exposed that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act;
Marginal note:2000, c. 20, s. 7
141. Subsection 125.2(1) of the Act is replaced by the following:
Marginal note:Employer to provide information in emergency
125.2 (1) An employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as is practicable in the circumstances, any information that is included in the safety data sheet that is in the employer’s possession for the hazardous product to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.
Marginal note:2000, c. 20, s. 14
142. Subsection 144(4) of the Act is replaced by the following:
Marginal note:Privileged information
(4) All information that, under the Hazardous Materials Information Review Act, an employer is exempt from disclosing under this Act or the Hazardous Products Act and that is obtained in a work place, by an appeals officer or a health and safety officer who is admitted to the work place, under section 141, or by a person accompanying that officer, is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part.
Transitional Provisions
Marginal note:Paragraphs 125.1(c) to (e) of Canada Labour Code
143. Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.
Marginal note:Products in work place
144. Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.
Marginal note:Same meaning
145. (1) Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code.
Marginal note:References
(2) For the purposes of sections 143 and 144,
(a) “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act, as that Act read immediately before the day on which section 114 comes into force;
(b) any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and
(c) any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.
R.S., c. 24 (3rd Supp.), Part IIIAmendments to the Hazardous Materials Information Review Act
146. (1) The definitions “controlled product” and “material safety data sheet” in subsection 10(1) of the Hazardous Materials Information Review Act are repealed.
(2) Subsection 10(1) of the Act is amended by adding the following in alphabetical order:
“CAS registry number”
« numéro d’enregistrement CAS »
“CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;
“chemical name”
« dénomination chimique »
“chemical name” means a scientific designation of a material or substance that is made in accordance with the rules of nomenclature of either the Chemical Abstracts Service, a division of the American Chemical Society, or the International Union of Pure and Applied Chemistry, or a scientific designation of a material or substance that is internationally recognized and that clearly identifies the material or substance;
“hazardous product”
« produit dangereux »
“hazardous product” has the same meaning as in section 2 of the Hazardous Products Act;
“label”
« étiquette »
“label” means a document that contains a label, as defined in section 2 of the Hazardous Products Act, that meets the requirements set out in the regulations made under subsection 15(1) of that Act;
“mixture”
« mélange »
“mixture” has the same meaning as in section 2 of the Hazardous Products Act;
“safety data sheet”
« fiche de données de sécurité »
“safety data sheet” has the same meaning as in section 2 of the Hazardous Products Act;
“substance”
« substance »
“substance” has the same meaning as in section 2 of the Hazardous Products Act;
Marginal note:1992, c. 1, s. 144(1) (Sch. VII, item 27(F)); 2012, c. 31, par. 284(a)(F)
147. (1) Subsections 11(1) and (2) of the Act are replaced by the following:
Marginal note:Claim for exemption by supplier
11. (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:
(a) in the case of a material or substance that is a hazardous product,
(i) the chemical name of the material or substance,
(ii) the CAS registry number, or any other unique identifier, of the material or substance, and
(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;
(b) in the case of an ingredient that is in a mixture that is a hazardous product,
(i) the chemical name of the ingredient,
(ii) the CAS registry number, or any other unique identifier, of the ingredient, and
(iii) the concentration or concentration range of the ingredient; and
(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture.
Marginal note:Claim for exemption by employer
(2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:
(a) in the case of a material or substance that is a hazardous product,
(i) the chemical name of the material or substance,
(ii) the CAS registry number, or any other unique identifier, of the material or substance, and
(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;
(b) in the case of an ingredient that is in a mixture that is a hazardous product,
(i) the chemical name of the ingredient,
(ii) the CAS registry number, or any other unique identifier, of the ingredient, and
(iii) the concentration or concentration range of the ingredient;
(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;
(d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;
(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and
(f) information that could be used to identify a supplier of a hazardous product.
Marginal note:2007, c. 7, s. 1
(2) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contents of claim
(4) A claim for exemption shall be accompanied by the safety data sheet or label to which the claim relates and shall contain
Marginal note:2012, c. 31, par. 284(b)(F)
148. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Duties of Chief Screening Officer
12. (1) The Chief Screening Officer shall, on receipt of a claim for exemption and the safety data sheet or label to which it relates and of payment of the required fee,
(2) Paragraph 12(1)(b) of the Act is replaced by the following:
(b) assign a screening officer to review the claim and the safety data sheet or label to which it relates.
Marginal note:2001, c. 34, s. 50(F)
(3) Subsection 12(2) of the Act is replaced by the following:
Marginal note:Notice
(2) The notice referred to in paragraph (1)(a) shall contain a statement offering every affected party the opportunity to make, within the period specified in the notice, written representations to the screening officer with respect to the claim for exemption and the safety data sheet or label to which it relates.
(4) Subsection 12(3) of the French version of the Act is replaced by the following:
Marginal note:Limitation
(3) L’avis visé à l’alinéa (1)a) ne peut fournir de renseignements faisant l’objet de la demande.
149. (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Duties of screening officer
13. (1) A screening officer shall review a claim for exemption and the safety data sheet or label to which it relates in accordance with the prescribed procedures and shall
(2) Paragraph 13(1)(b) of the Act is replaced by the following:
(b) decide whether the safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be.
150. Subsection 14(2) of the French version of the Act is replaced by the following:
Marginal note:Obligation du demandeur
(2) Le destinataire de l’avis visé au paragraphe (1) communique à l’agent de contrôle, selon les modalités de forme et de temps qui y sont indiquées, les renseignements, exigés par l’avis, qu’il a à sa disposition.
151. (1) The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Decision in writing
15. (1) A screening officer shall, as soon as is practicable, render a decision in writing on a claim for exemption and the safety data sheet or label to which it relates, including reasons for the decision, and shall
(2) Paragraph 15(1)(b) of the Act is replaced by the following:
(b) cause a notice of the decision to be given to each affected party who made written representations to the screening officer with respect to the claim for exemption or the safety data sheet or label to which it relates.
(3) Subsection 15(2) of the French version of the Act is replaced by the following:
Marginal note:Notification de la décision
(2) L’avis prévu à l’alinéa (1)b) doit contenir les renseignements nécessaires pour indiquer le sens de la décision de l’agent de contrôle et la motivation de celle-ci, sans toutefois fournir de renseignements faisant l’objet de la demande.
Marginal note:2007, c. 7, s. 3
152. Subsections 16.1(1) to (3) of the Act are replaced by the following:
Marginal note:Undertaking
16.1 (1) If a screening officer determines under paragraph 13(1)(b) that a safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.
Marginal note:Agreement by claimant
(2) If the claimant agrees with the measures set out in the undertaking, the claimant shall sign the undertaking and return it to the screening officer together with the amended safety data sheet or label.
Marginal note:Notice
(3) On receipt of the signed undertaking, if the screening officer is satisfied, after reviewing the safety data sheet or label, that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall send a notice to the claimant confirming their compliance with the undertaking.
Page Details
- Date modified: