Hazardous Products Regulations (SOR/2015-17)

Marginal note:Combined precautionary statements

• 4.6 (1) The precautionary statements that are required to be provided on a safety data sheet may be combined if the combination contains the same information as would have been conveyed by each of the individual precautionary statements.

• Marginal note:Non-applicable precautionary statements

  (2) If a precautionary statement that is required to be provided on a safety data sheet does not apply in a particular case with regard to the normal conditions of use, handling and storage of the hazardous product, it may be omitted.

• Marginal note:Combined hazard statements

  (3) The hazard statements that are required to be provided on a safety data sheet may be combined if the combination contains the same information as would have been conveyed by each of the individual hazard statements.

Marginal note:Specific rule — signal word

• 4.7 (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

• 5 (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

• 5.1 (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

5.2 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

5.3 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

• 5.4 (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

• 5.5 (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.