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Hazardous Products Act (R.S.C., 1985, c. H-3)

Act current to 2022-11-16 and last amended on 2018-05-23. Previous Versions

Hazardous Products Act

R.S.C., 1985, c. H-3

An Act to prohibit the sale and importation of hazardous products that are intended for use, handling or storage in a work place

Short Title

Marginal note:Short title

 This Act may be cited as the Hazardous Products Act.

  • R.S., c. H-3, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

advertise

advertise[Repealed, 2010, c. 21, s. 72]

analyst

analyst means an individual designated as an analyst under subsection 21(1); (analyste)

container

container includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank; (contenant)

controlled product

controlled product[Repealed, 2010, c. 21, s. 72]

controlled product

controlled product or hazardous product[Repealed, 2014, c. 20, s. 111]

document

document means anything on which information that is capable of being understood by an individual or being read by a computer or other device is recorded or marked; (document)

hazardous product

hazardous product means any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) in a category or subcategory of a hazard class listed in Schedule 2; (produit dangereux)

import

import means to import into Canada; (importer)

inspector

inspector means an individual designated as an inspector under subsection 21(1); (inspecteur)

label

label means a group of written, printed or graphic information elements that relate to a hazardous product, which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged; (étiquette)

manufactured article

manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product; (article manufacturé)

Minister

Minister means the Minister of Health; (ministre)

mixture

mixture means a combination of, or a solution that is composed of, two or more ingredients that, when they are combined, do not react with each other, but excludes any such combination or solution that is a substance;  (mélange)

person

person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)

prescribed

prescribed, for the purposes of Part II, means prescribed by regulations made under subsection 15(1), and, for the purposes of Part III, means prescribed by regulations made under section 27; (Version anglaise seulement)

prohibited product

prohibited product[Repealed, 2010, c. 21, s. 72]

restricted product

restricted product[Repealed, 2010, c. 21, s. 72]

review officer

review officer means an individual designated as a review officer under section 26.2; (réviseur)

safety data sheet

safety data sheet means a document that contains, under the headings that, by virtue of the regulations made under subsection 15(1), are required to appear in the document, information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product in a work place; (fiche de données de sécurité)

sell

sell includes

  • (a) offer for sale or distribution, expose for sale or distribution, have in possession for sale or distribution or distribute  —  whether for consideration or not  —  to one or more recipients, and

  • (b) make any transfer of possession that creates a bailment or, in Quebec, make any transfer of possession of a movable, for a specific purpose, without transferring ownership, and with the obligation to deliver the movable to a specified person or to return it, such as a transfer by means of a deposit, a lease, a pledge, a loan for use or a contract of carriage; (vendre)

substance

substance means any chemical element or chemical compound  —  that is in its natural state or that is obtained by a production process  — whether alone or together with

  • (a) any additive that is necessary to preserve the stability of the chemical element or chemical compound,

  • (b) any solvent that is necessary to preserve the stability or composition of the chemical element or chemical compound, or

  • (c) any impurity that is derived from the production process; (substance)

supplier

supplier means a person who, in the course of business, sells or imports a hazardous product; (fournisseur)

work place

work place has the meaning assigned by regulations made under subsection 15(1). (lieu de travail)

  • R.S., 1985, c. H-3, s. 2
  • R.S., 1985, c. 24 (3rd Supp.), s. 1
  • 1992, c. 1, s. 145(F)
  • 1996, c. 8, s. 25
  • 2010, c. 21, s. 72
  • 2014, c. 20, s. 111

PART I[Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

PART IIHazardous Products

 [Repealed, 2014, c. 20, s. 112]

Application

Marginal note:Restrictions on application

 This Part does not apply in respect of the sale or importation of any

  • (a) to (c) [Repealed, 2014, c. 20, s. 113]

  • (d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive;

  • (e) hazardous waste, being a hazardous product that is sold for recycling or recovery or is intended for disposal;

  • (f) and (g) [Repealed, 2014, c. 20, s. 113]

  • (h) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (i) manufactured article; or

  • (j) anything listed in Schedule 1.

  • R.S., 1985, c. H-3, s. 12
  • R.S., 1985, c. 24 (3rd Supp.), s. 1
  • 1997, c. 9, s. 105, c. 13, s. 62
  • 2002, c. 28, s. 86
  • 2010, c. 21, s. 74
  • 2014, c. 20, s. 113
  • 2018, c. 9, s. 77

Prohibitions

Marginal note:Prohibition re sale

  •  (1) Subject to the Hazardous Materials Information Review Act, no supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada unless

    • (a) the supplier has in their possession a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1);

    • (a.1) on the sale of the hazardous product to any person or government, the supplier provides to the person or government the safety data sheet referred to in paragraph (a), or causes it to be provided, if on that sale the person or government acquires possession or ownership of that hazardous product; and

    • (b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

  • Definition of government

    (2) In this section, government means any of the following or their institutions:

    • (a) the federal government;

    • (b) a corporation named in Schedule III to the Financial Administration Act;

    • (c) a provincial government or a public body established under an Act of the legislature of a province; and

    • (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act.

  • R.S., 1985, c. H-3, s. 13
  • R.S., 1985, c. 24 (3rd Supp.), s. 1
  • 1999, c. 31, s. 128(F)
  • 2014, c. 20, s. 114

Marginal note:Prohibition re importation

 Subject to the Hazardous Materials Information Review Act, no supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada unless

  • (a) the supplier obtains or prepares, on or before the importation of the hazardous product, a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1); and

  • (b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

  • R.S., 1985, c. H-3, s. 14
  • R.S., 1985, c. 24 (3rd Supp.), s. 1
  • 2014, c. 20, s. 114

Marginal note:Prohibition re sale

  •  (1) Despite section 13, no supplier shall sell a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act, the supplier complies with the requirements set out in paragraphs 13(1)(a) to (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).

  • Marginal note:Prohibition re importation

    (2) Despite section 14, no supplier shall import a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act, the supplier complies with the requirements set out in paragraphs 14(a) and (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).

  • 2014, c. 20, s. 114

Marginal note:False information  — hazardous product or container

  •  (1) No supplier shall sell or import a hazardous product that is intended for use, handling or storage in a work place in Canada if the hazardous product or the container in which the hazardous product is packaged has affixed to, printed on or attached to it information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b) or 14(a) and (b), as the case may be.

  • Marginal note:Safety data sheet  —  sale

    (2) No supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that is in their possession in order to comply with the requirement set out in paragraph 13(1)(a), or that they provide or cause to be provided in order to comply with the requirement set out in paragraph 13(1)(a.1), is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to meet the requirements set out in paragraphs 13(1)(a) to (b).

  • Marginal note:Safety data sheet  — importation

    (3) No supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that the supplier obtains or prepares in order to comply with the requirement set out in paragraph 14(a) is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 14(a) and (b).

  • Marginal note:Course of sale

    (4) No supplier who sells a hazardous product that is intended for use, handling or storage in a work place in Canada shall, in the course of selling the hazardous product, communicate by any means any information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b).

  • 2014, c. 20, s. 114

Preparing and Maintaining Documents

Marginal note:Requirements

  •  (1) Every supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada shall prepare and maintain

    • (a) a document containing a true copy of a label that represents the label that is affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged in order to meet the requirement set out in paragraph 13(1)(b) or 14(b), as the case may be, when they sell or import the hazardous product;

    • (b) a document containing a true copy of a safety data sheet for the hazardous product that represents the safety data sheet that is in their possession in order to meet the requirement set out in paragraph 13(1)(a) or that they obtain or prepare in order to meet the requirement set out in paragraph 14(a), as the case may be, when they sell or import the hazardous product;

    • (c) if the supplier obtained the hazardous product from another person, a document that indicates the person’s name and address, the quantity of the hazardous product obtained by the supplier and the month and year in which they obtained it;

    • (d) a document that indicates, for any sales of the hazardous product that result in a transfer of ownership or possession, the locations at which those sales took place, the period during which they took place, and, for each month in that period, the quantity sold during the month; and

    • (e) the prescribed documents.

  • Marginal note:Period for keeping documents

    (2) The supplier shall keep the documents for six years after the end of the year to which they relate or for any other period that may be prescribed.

  • Marginal note:Keeping and providing documents

    (3) The supplier shall keep the documents at the supplier’s place of business in Canada or at any prescribed place and shall, on written request, within the time and in the manner specified in the request, provide them to the Minister or an inspector.

  • Marginal note:Exemption  — outside Canada

    (4) The Minister may, subject to any terms and conditions that he or she may specify, exempt a supplier from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the supplier to keep them in Canada.

  • 2014, c. 20, s. 114
 
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