Hazardous Products Act (Canada) (summary)
Note: The federal Hazardous Products Act and the pursuant Controlled Products Regulation, which apply to suppliers, define which materials (i.e., controlled products) are included in the Workplace Hazardous Materials Information System (WHMIS) and what information suppliers must provide to employers for controlled products used in the workplace.
The Workers' Compensation Board administers the requirements of the Hazardous Products Act in British Columbia under section 114 of the Workers Compensation Act, and WorkSafeBC officers enforce federal requirements on suppliers under the Hazardous Products Act.
The following are summaries of key sections of the Hazardous Products Act.
Sales and import requirements apply (summary)
Suppliers selling or importing a controlled product for use in a workplace in Canada must:
- provide a safety data sheet (SDS) for the controlled product; and
- make sure the controlled product or its container is labelled with all required information and hazard symbols.
An MSDS is a technical bulletin that provides detailed hazard and precautionary information. It must state the following:
- if the controlled product is a pure substance, the chemical identity of the controlled product;
- if the controlled product is not a pure substance, the chemical identity and concentration of any ingredient that is equal to or greater than the concentrations noted in the legislation;
- if the controlled product contains an ingredient that is included in the Ingredient Disclosure List in a concentration that is equal to or greater than the concentration specified in the Ingredient Disclosure List, the chemical identity and concentration of that ingredient;
Note: The Ingredient Disclosure List, which contains about 1,700 entries, can be obtained from the Board.
- the chemical identity and concentration of any ingredient that the supplier may know to be harmful to any person;
- the chemical identity and concentration of any ingredient of which the supplier does not know the toxicological properties;
- other required information.
For details, see Part II, sections 13 and 14 of the Hazardous Products Act (Canada).
These requirements of the Hazardous Products Act (Canada) do not apply to the sale or import of:
- explosives as defined by the Explosives Act;
- cosmetics, devices, drugs, or food as defined by the Food and Drugs Act;
- control products as defined by the Pest Control Products Act;
- nuclear substances as defined by the Nuclear Safety and Control Act;
- hazardous waste;
- products, materials, or substances as defined in section 2 of the Canada Consumer Product Safety Act;
- wood or products made of wood;
- tobacco or tobacco products as defined in section 2 of the Tobacco Act;
- manufactured articles.
For details, see Part II, section 12 of the Hazardous Products Act (Canada).