Hazardous Products Regulations

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.