Hazardous Products Regulations

Marginal note:Definitions

• 5.7 (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.