Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Hazardous Products Regulations (SOR/2015-17)

Regulations are current to 2024-04-01 and last amended on 2022-12-15. Previous Versions

PART 4Safety Data Sheet (continued)

Marginal note:Specific rule — signal word

  •  (1) If there is a requirement to provide the signal word “Danger” on a safety data sheet, 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 safety data sheet, any requirement to provide the hazard statement “Causes serious eye damage” does not apply.

  • Marginal note:Hazard statement — Acute Toxicity (Inhalation)

    (3) In the case of a hazardous product that is classified in the category “Acute Toxicity (Inhalation) — Category 1”, “Acute Toxicity (Inhalation) — Category 2”, “Acute Toxicity (Inhalation) — Category 3” or “Acute Toxicity (Inhalation) — Category 4” further to subsection 8.1.1(2), the hazard statement specified for that category in section 3 of Annex 3 of the GHS need not be used on the safety data sheet.

  • Marginal note:Specific rule — symbol

    (4) 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 safety data sheet, 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 safety data sheet, 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 safety data sheet 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 5Exceptions

Definition of laboratory sample

  •  (1) In this section, laboratory sample means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used

    • (a) by the laboratory for testing other products, mixtures, materials or substances; or

    • (b) for educational or demonstration purposes.

  • Marginal note:Sale or importation — biohazardous infectious materials — safety data sheet

    (2) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraphs 13(1)(a) and (a.1) and 14(a) of the Act.

  • Marginal note:Transfer of possession — biohazardous infectious materials — safety data sheet and label

    (3) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is classified only in the category “Biohazardous Infectious Materials — Category 1”, is exempt from the application of section 13 of the Act.

  • Marginal note:Transfer of possession — safety data sheet

    (4) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is one of the following types, is exempt from the application of paragraphs 13(1)(a) and (a.1) of the Act:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample for which the supplier has not offered or exposed the hazardous product for transfer of ownership.

  • Marginal note:Sale or importation — biohazardous infectious materials — label

    (5) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraph 3(1)(d) if the label provides the chemical name or generic chemical name of any material that is in the hazardous product and that is classified as a biohazardous infectious material, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product.

  • Marginal note:Transfer of possession — label

    (6) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, is exempt from the application of paragraphs 3(1)(c) to (d) if

    • (a) the laboratory sample is one of the following types:

      • (i) a laboratory sample that is a substance for which the chemical name is not known,

      • (ii) a laboratory sample that is a mixture for which the chemical name of one or more of its ingredients is not known or for which the concentration of one or more of its ingredients is not known, or

      • (iii) a laboratory sample in respect of which the supplier has not offered or exposed the hazardous product for transfer of ownership; and

    • (b) the label of the laboratory sample provides the following information:

      • (i) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product,

      • (ii) if the laboratory sample is a substance, the chemical name or generic chemical name of the substance, if known by the supplier, and

      • (iii) if the laboratory sample is a mixture, the chemical name or generic chemical name of any ingredient that is in the laboratory sample and that is referred to in subsection 3(2) of Schedule 1, if known by the supplier.

Marginal note:Mixture of radioactive nuclides and non-radioactive carriers — section 13 or 14 of Act

  •  (1) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of section 13 or 14 of the Act if the carrier

    • (a) is present in an amount that is

      • (i) in the case of a liquid or gaseous carrier, less than or equal to 1.0 ml, or

      • (ii) in the case of a solid carrier, less than or equal to 1.0 g; and

    • (b) is not

      • (i) classified in any category or subcategory of the “Carcinogenicity”, “Germ Cell Mutagenicity”, “Reproductive Toxicity” or “Biohazardous Infectious Materials” hazard class,

      • (ii) classified in the category “Acute Toxicity (Oral) — Category 1” or “Acute Toxicity (Dermal) — Category 1” of the “Acute Toxicity” hazard class, or

      • (iii) classified in the category “Acute Toxicity (Inhalation) — Category 1” or “Acute Toxicity (Inhalation) — Category 2” of the “Acute Toxicity” hazard class.

  • Marginal note:Mixture of radioactive nuclides and non-radioactive carriers — paragraph 13(1)(b) or 14(b) of Act

    (2) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act in respect of the requirement to have a label on the inner container of the hazardous product if the hazardous product is packaged in more than one container and the outer container has a label that provides the information elements required by Part 3.

  • Marginal note:Mixture of radioactive nuclides and non-radioactive carriers

    (3) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of

    • (a) paragraph 3(1)(b); and

    • b) paragraphs 3(1)(c) to (c.2) and subparagraph 3(1)(d)(ii), in respect of the requirement to provide any precautionary statement on the label of the hazardous product or the container in which it is packaged.

Marginal note:Outer container

 The sale or importation of a hazardous product is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act in respect of the requirement to have a label on the outer container of the hazardous product if

  • (a) the label on the inner container is visible and legible through the outer container under normal conditions of storage and handling; or

  • (b) the outer container has a label that meets the requirements set out in the Transportation of Dangerous Goods Regulations.

Marginal note:Label — outer container — at least two hazardous products

 In the case of an outer container in which at least two different hazardous products are packaged, subsection 3(1) does not apply if the label provides the following information elements:

  • (a) the product identifier for each hazardous product contained in the outer container;

  • (b) the initial supplier identifier;

  • (c) subject to subsection 3.6(3), the pictogram set out in column 3 of Schedule 3 designated for each category or subcategory in which each hazardous product contained in the outer container is classified;

  • (d) the precautionary statement applicable to the storage of each of the hazardous products contained in the outer container; and

  • (e) the statement “See individual product labels for signal words, hazard statements and precautionary statements/Voir les étiquettes sur chacun des produits pour les mentions d’avertissement, les mentions de danger et les conseils de prudence”.

Marginal note:Small-capacity containers — 100 ml or less

  •  (1) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 100 ml, including any subsequent container of the same capacity in which that first container is packaged, is exempt from the application of paragraphs 3(1)(c) to (c.2) and subparagraph 3(1)(d)(i) or (ii) in respect of the requirement to provide any precautionary statement or hazard statement on the label of the hazardous product or the container.

  • Marginal note:Small-capacity containers — 3 ml or less

    (2) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 3 ml is exempt from the application of section 3.5 in respect of normal conditions of use if the label interferes with the normal use of the hazardous product.

Definition of bulk shipment

  •  (1) In this section, bulk shipment means a shipment of a hazardous product that is contained in any of the following, without intermediate containment or intermediate packaging:

    • (a) a vessel that has a water capacity equal to or greater than 450 l;

    • (b) a freight container, road vehicle, railway vehicle or portable tank;

    • (c) the hold of a ship; or

    • (d) a pipeline.

  • Marginal note:Bulk shipments and unpackaged hazardous products

    (2) The sale or importation of a bulk shipment or a hazardous product without packaging of any sort is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act.

Definition of complex mixture

  •  (1) In this section, complex mixture means a mixture that has a commonly known generic name and that is

    • (a) naturally occurring;

    • (b) a fraction of a naturally occurring mixture that results from a separation process; or

    • (c) a modification of a naturally occurring mixture or a modification of a fraction of a naturally occurring mixture that results from a chemical modification process.

  • Marginal note:Complex mixture

    (2) The sale or importation of a hazardous product that is a complex mixture is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraphs 3(2)(a) and (d) of Schedule 1, and in paragraphs 3(2)(b) and (c) of that Schedule, if that information is available and applicable, in relation to the ingredients of the complex mixture, if the commonly known generic name of the complex mixture is provided for item 3 of the safety data sheet.

  • Marginal note:Complex mixture — ingredient

    (3) Subject to subsection (4), the sale or importation of a hazardous product that contains an ingredient that is a complex mixture is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraphs 3(2)(a) and (d) of Schedule 1, and in paragraphs 3(2)(b) and (c) of that Schedule, if that information is available and applicable, in relation to the ingredients of the complex mixture if the complex mixture, individually, is classified in a category or subcategory of a health hazard class and the commonly known generic name of the complex mixture and its concentration in the hazardous product are provided for item 3 of the safety data sheet.

  • Marginal note:Concentration results in classification

    (4) If the complex mixture is present at a concentration that results in the product being classified in a category or subcategory of any health hazard class further to subsection 2.5(1), the commonly known generic name and concentration of the complex mixture must be provided on the safety data sheet of the hazardous product.

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    first supplier

    first supplier means a supplier who is exempted from the requirement to disclose the information specified in subsection 11(1) of the Hazardous Materials Information Review Act, by virtue of that Act. (premier fournisseur)

    subsequent supplier

    subsequent supplier means a supplier who sells or imports a hazardous product that is the subject of an exemption granted to the first supplier from the requirement to disclose the information specified in subsection 11(1) of the Hazardous Materials Information Review Act. (fournisseur subséquent)

  • Marginal note:Confidential information

    (2) If any information is the subject of an exemption under the Hazardous Materials Information Review Act, the information must be replaced by the information required under subsection (3) or (4).

  • Marginal note:Subsection 11(1) of Hazardous Materials Information Review Act

    (3) A supplier who, under subsection 11(1) of the Hazardous Materials Information Review Act, files a claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or on a label must, in respect of the sale or importation of the hazardous product, provide on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged a statement that a claim was filed, the date that the claim was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act until

    • (a) in the case that an order was issued by the Minister under subsection 14(1) or 18(1) of the Hazardous Materials Information Review Act, the end of the period that begins on the day after the day on which all judicial reviews and appeals are exhausted and does not exceed the period specified in the order; or

    • (b) in any other case, the end of the period not exceeding 30 days after the day on which all judicial reviews and appeals are exhausted.

  • Marginal note:Information to be disclosed

    (4) A supplier who receives notice of a determination made under the Hazardous Materials Information Review Act that their claim or a portion of their claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or a label is valid must, during the period beginning no later than the end of the applicable period specified in subsection (3) and on compliance with any order issued under subsection 14(1) or 18(1) of the Hazardous Materials Information Review Act, if applicable, and ending on the last day of the exemption period, in respect of the sale or importation of the hazardous product, provide on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged the following information:

    • (a) a statement that an exemption has been granted;

    • (b) the date of the determination granting the exemption; and

    • (c) the registry number assigned to the claim under the Hazardous Materials Information Review Act.

  • Marginal note:Non-application — paragraphs 3(1)(a) to (d) or (2)(a) to (c) of Schedule 1

    (5) The sale or importation of a hazardous product is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1 and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if it is the subject of a claim for exemption under paragraph 11(1)(a) of the Hazardous Materials Information Review Act and if the generic chemical name of the material, substance or ingredient is provided for item 3 of the safety data sheet.

  • Marginal note:Non-application — paragraph 3(2)(d) of Schedule 1

    (6) Paragraph 3(2)(d) of Schedule 1 does not apply in respect of a hazardous product that is the subject of a claim for exemption under subparagraph 11(1)(b)(iii) of the Hazardous Materials Information Review Act.

  • Marginal note:Sale or importation — paragraphs 3(1)(a) to (d) or (2)(a) to (c) of Schedule 1

    (7) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if

    • (a) the first supplier is exempt from those requirements;

    • (b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and

    • (c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule,

      • (i) the information referred to in subsection (3) or (4) in respect of,

        • (A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or

        • (B) in any other case, the exemption of the first supplier, with the words “other supplier/autre fournisseur” in parentheses after that information, and

      • (ii) the generic chemical name of the material, substance or ingredient as provided by the first supplier.

  • Marginal note:Sale or importation — paragraph 3(2)(d) of Schedule 1

    (8) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirement set out in paragraph 3(2)(d) of Schedule 1, if

    • (a) the first supplier is exempt from that requirement;

    • (b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and

    • (c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(2)(d) of Schedule 1

      • (i) the information referred to in subsection (3) or (4) in respect of,

        • (A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or

        • (B) in any other case, the exemption of the first supplier, with the words “other supplier/autre fournisseur” in parentheses after that information, and

      • (ii) subject to sections 4.4.1 and 4.5, the concentration of the first supplier’s hazardous product that is in the subsequent supplier’s hazardous product.

  • Marginal note:Safety data sheet and label — confidential product identifier — paragraphs 3(1)(a) and 4(1)(b)

    (9) Paragraph 3(1)(a) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(a) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose the product identifier of a hazardous product if that information is replaced on the label and safety data sheet by:

    • (a) the code name or code number specified by the supplier; and

    • (b) the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under the Hazardous Materials Information Review Act or, if that information is not available, the information required to be provided under the laws of the province.

  • Marginal note:Safety data sheet and label — confidential supplier identifier — paragraphs 3(1)(b) and 4(1)(b)

    (10) Paragraph 3(1)(b) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(d) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose any information that could be used to identify the supplier of the hazardous product if that information is replaced on the label and the safety data sheet by

    • (a) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under the Hazardous Materials Information Review Act; or

    • (b) if the information referred to in paragraph (a) is not available, the information required to be provided under the laws of the province.

  • Marginal note:Safety data sheet — sale to employer

    (11) The sale of a hazardous product to an employer is exempt from the requirement to disclose information – other than the product identifier and initial supplier identifier – on the safety data sheet that could be the subject of a claim for exemption under subsection 11(2) of the Hazardous Materials Information Review Act if

    • (a) the employer is exempt, under that Act or the laws of a province, from the requirement to disclose that information in respect of the hazardous product; and

    • (b) the safety data sheet of the hazardous product provided in respect of that sale provides in lieu of that information

      • (i) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under that Act, or

      • (ii) if the information referred to in subparagraph (i) is not available, an emergency telephone number of the employer that will enable a health professional to obtain any information referred to in subsection 4(1) that is in the possession of the employer for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

 

Date modified: