S-2.1, r. 8 - Regulation respecting information on controlled products

Replaced on 3 June 2015

This document has official status.

chapter S-2.1, r. 8

Regulation respecting information on controlled products

Act respecting occupational health and safety

(chapter S-2.1, ss. 223 and 223.2).

Replaced, S.Q. 2015, c. 13, s. 14; eff. 2015-06-03, see chapter S-2.1, r. 8.1.

Despite section 14 of the chapter 13 of the Statutes of Québec 2015, this Regulation continues to apply until 1 December 2018 with regard to situations described in section 24 of that Act.

DIVISION 1 GENERAL AND INTERPRETATION

1. In the Act respecting occupational health and safety (chapter S-2.1) and in this Regulation,

“information on hazards” and “hazard information” mean information on the proper and safe manner of using, handling and storing a controlled product, in particular information relating to the toxicological properties of that product; (renseignements sur les dangers)

“label” means a document affixed or attached to a product or its container by any means whatsoever; in particular it may be a device, tag, stamp, sticker, seal or wrapper. (étiquette)

O.C. 445-89, s. 1.

2. In this Regulation,

“bulk” refers to the condition of anything that is contained without any intermediate means of confinement or packaging in

(1)  a receptacle with a capacity greater than 454 litres of water,

(2)  a freight container, a road vehicle, a railway vehicle, a mobile cargo tank, or a freight container or mobile cargo tank transported by road vehicle, railway vehicle, ship or aircraft,

(3)  the hold of a ship, or

(4)  a pipeline; (en vrac)

“complex mixture” means a combination of chemicals that has a commonly known generic name and is

(1)  naturally occurring,

(2)  a fraction of a naturally occurring mixture that results from a separation process, or

(3)  a modification of a naturally occurring mixture or a modification of a fraction thereof that results from a chemical modification process; (mélange complexe)

“container” means any package or receptacle, in particular a bag, barrel, bottle, box, drum, can, cylinder or storage tank; (contenant)

“laboratory sample” means a sample of a controlled product that is intended solely to be tested in a laboratory and is not to be used for testing other products, materials or substances or for educational or demonstration purposes; (échantillon pour laboratoire)

“mixture” means a combination of materials that do not undergo a chemical change as a result of their interaction; (mélange)

“product name” means the common or chemical name, the trade name, the generic name or the brand of a controlled product, or the code name or code number given to that product by its supplier; (nom du produit)

“risk phrase” means the statement concerning the danger inherent in a controlled product, considering its classification. (mention de risque)

O.C. 445-89, s. 2.

3. In this Regulation, unless otherwise indicated, the references to other legislative texts include any subsequent amendments to those texts.

O.C. 445-89, s. 3.

DIVISION 2 SCOPE

4. For the purposes of the Act respecting occupational health and safety (chapter S-2.1) and this Regulation, a controlled product is a material classified in the classes of Schedule II to the Hazardous Products Act (R.S.C. 1985, c. H-3) pursuant to the classification established in Part IV of the Controlled Products Regulations (SOR/88-66).

O.C. 445-89, s. 4.

5. The following are excluded from the application of Subdivision 5 of Division II of Chapter III of the Act respecting occupational health and safety (chapter S-2.1) and this Regulation:

(1)  wood and wood products;

(2)  tobacco and tobacco products;

(3)  manufactured articles; and

(4)  any product that is subject to the Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34) or the Transportation of Dangerous Substances Regulation (chapter C-24.2, r. 43), while being handled and transported to the workplace to which it is delivered.

For the purposes of this section, “manufactured article” means any article that is made according to a specific shape or design during the manufacturing process, whose eventual use is determined, in whole or in part, by that shape or design, and that does not, when used under normal conditions, release any controlled product or cause a person to be exposed in any other way to such a product.

O.C. 445-89, s. 5.

6. The following products, even if they are controlled products, are not subject to the requirements respecting a material safety data sheet pursuant to Subdivision 5 of Division II of Chapter III of the Act respecting occupational health and safety (chapter S-2.1) and Divisions 5 and 6 of this Regulation:

(1)  explosives within the meaning of the Explosives Act (R.S.C. 1985, c. E-17);

(2)  cosmetics, devices, drugs or food within the meaning of the Food and Drugs Act (R.S.C. 1985, c. F-27) where they are used as such;

(3)  control products within the meaning of the Pest Control Products Act (R.S.C. 1985, c. P-9);

(4)  prescribed substances within the meaning of the Nuclear Safety and Control Act (S.C. 1997, c. 9); and

(5)  products, materials or substances that are packaged as consumer products and in containers for domestic use.

O.C. 445-89, s. 6.

7. The products mentioned in section 6, even if they are controlled products, are not subject to the requirement that they bear a label pursuant to section 62.1 of the Act and Division 3 of this Regulation, as long as they remain in the container in which they were received from the supplier.

Any employer who manufactures such a product remains bound by the requirement to affix a label thereto pursuant to section 62.2 of the Act and Division 4 of this Regulation, where that product is a controlled product.

O.C. 445-89, s. 7.

DIVISION 3 SUPPLIER’S LABEL

8. Subject to sections 9 to 16, an employer shall ensure that any controlled product or its container that is received from a supplier and is present in a workplace bears the label that the supplier is required to affix thereto pursuant to section 13(b) of the Hazardous Products Act (R.S.C. 1985, c. H-3) and that the label lists the information and hazard symbols prescribed therein.

Subject to section 51, that label may not be removed, modified or altered as long as the controlled product remains in the container in which it is received.

O.C. 445-89, s. 8.

9. Where an employer receives directly from an exporter at a workplace a controlled product that has not been labelled by the importer of that product, he himself shall affix to that product the label required by the Hazardous Products Act (R.S.C. 1985, c. H-3), if he has given an undertaking in writing to that effect to the importer, as provided for in section 23(5) of the Controlled Products Regulations (SOR/88-66).

O.C. 445-89, s. 9.

10. Where an employer receives from a supplier at a workplace a container that in turn holds one or more containers of a controlled product which the supplier has not labelled, the employer himself shall affix to those containers the label required by the Hazardous Products Act (R.S.C. 1985, c. H-3), if he has given an undertaking in writing to that effect to the importer, as provided for in section 14(2)(a)(ii) of the Controlled Products Regulations (SOR/88-66).

O.C. 445-89, s. 10.

11. Where an employer receives from a supplier at a workplace a bulk shipment of a controlled product, the employer himself shall affix to that product or its container the label listing the information prescribed by the Hazardous Products Act (R.S.C. 1985, c. H-3) and supplied to him by the supplier before or at the time that he received that shipment, as provided for in section 15(1) of the Controlled Products Regulations (SOR/88-66).

Where in application of section 15(1) of the Controlled Products Regulations, the supplier is not required to supply that label because the employer already has in hand, not later than the day on which he receives the shipment, a copy of that label, a material safety data sheet or a statement in writing containing the information that is required to appear on the product label, the employer shall affix to the product or its container a label in accordance with sections 24 and 25 of this Regulation listing the information prescribed by section 17.

O.C. 445-89, s. 11.

12. A controlled product received from a supplier at a workplace is deemed to meet the requirements of section 8 where it is intended solely to be exported outside Canada by the employer, provided that the employer places on or near the product a sign in accordance with sections 24 and 25 listing the information prescribed by section 17.

O.C. 445-89, s. 12.

13. A controlled product received from a supplier at a workplace is deemed to meet the requirements of section 8 where it is not in a container and it is impossible to affix a label to it, provided that the employer places on or near the product a sign in accordance with sections 24 and 25 listing the information prescribed by section 17.

O.C. 445-89, s. 13.

14. A controlled product supplied by a laboratory supplier is deemed to meet the requirements of section 8 where it is received in a container in a quantity of less than 10 kg and is intended to be used only in a laboratory by an employer, provided that the product or its container bears the label affixed thereto by the supplier listing the information prescribed by section 17(b) of the Controlled Products Regulations (SOR/88-66), namely,

(1)  the product name,

(2)  the pertinent risk phrases,

(3)  the precautions to be taken in handling or using the product or in case of exposure to it,

(4)  the first aid to be provided, if any, and

(5)  where the material safety data sheet for the product is available, a statement indicating that it may be consulted.

O.C. 445-89, s. 14.

15. A product sample received from a supplier that is a controlled product or that an employer has reason to believe is a controlled product is deemed to meet the requirements of section 8 where it is received in a container in a quantity of less than 10 kg and is intended solely to be analyzed in a laboratory by the employer, provided that the product or its container bears the label affixed thereto by the supplier listing the information prescribed by section 16(b) of the Controlled Products Regulations (SOR/88-66), namely,

(1)  the name of the controlled product contained in the sample,

(2)  the chemical identity or the generic chemical identity of any ingredient in that product referred to in paragraphs 1 to 4 of section 62.3 of the Act,

(3)  the name of the supplier,

(4)  the following statement: “Échantillon pour laboratoire de produits dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composer (indiquer ici le numéro de téléphone mentionné au paragraphe 5)/Hazardous Laboratory Sample. For hazard information or in an emergency call (indicate the telephone number mentioned in paragraph 5).”, and

(5)  the telephone number to dial in an emergency in order to contact the supplier and obtain hazard information for the product and to enable a physician or nurse to obtain the information referred to in paragraphs 1 to 4 of section 62.3 so that he may make a medical diagnosis for a person in an emergency or treat that person.

O.C. 445-89, s. 15.

16. Where the supplier label is accidentally lost, destroyed or rendered unusable, it shall immediately be replaced by the employer with a new supplier’s label or a label in accordance with sections 24 and 25 listing the information prescribed by section 17.

O.C. 445-89, s. 16.

DIVISION 4 EMPLOYER’S LABEL

17. Subject to sections 19 to 23, an employer who manufactures a controlled product in a workplace shall affix to that product or its container an updated label listing

(1)  the product name,

(2)  the precautions to be taken in handling or using the product or in case of exposure to it, and

(3)  where the material safety data sheet for the controlled product is available, a statement indicating that it may be consulted.

O.C. 445-89, s. 17.

18. The product name appearing on the label shall be the same as that indicated on the material safety data sheet.

O.C. 445-89, s. 18.

19. The employer may replace the label that he is required to affix to a controlled product or its container pursuant to section 17 by a sign listing the same information where

(1)  the controlled product that he manufactures is not in a container, or

(2)  the controlled product that he manufactures is intended solely for export.

O.C. 445-89, s. 19.

20. An employer who manufactures a controlled product referred to in the second paragraph of section 7 is not required to label that product if it is intended for sale or distribution and its container is labelled pursuant to the laws governing it according to paragraphs 1 to 5 of section 6.

Where the employer is preparing to affix such a label to the product but does not do so before the end of the shift during which the product is placed in its container, he shall place on or near that product a sign listing the information prescribed in section 17.

O.C. 445-89, s. 20.

21. Where in a workplace a controlled product is transferred from one container to another, the employer shall ensure that a label listing the information prescribed in section 17 is affixed to the second container.

The employer is not required to affix such a label where

(1)  the container holding the transferred product is a portable container filled from a container labelled pursuant to section 8 or 17 or pursuant to one of the Acts referred to in section 6 and applicable to that product

(a)  if that product is intended to be used immediately and in its entirety, or

(b)  if that product is in the care of the worker who transferred it, is used solely by that worker during the shift in which it was transferred, and is clearly identified,

(2)  the transferred product is a laboratory sample, its content is clearly identified and the workers have ready access to the information listed on the material safety data sheet or product label or in another document listing the same information, or

(3)  the transferred product is supplied by a laboratory supplier, it is intended solely to be used or analyzed in a laboratory, its content is clearly identified, and the workers have ready access to the information listed on the material safety data sheet or product label or in another document listing the same information.

O.C. 445-89, s. 21.

22. An employer is not required to label a controlled product that he manufactures in a laboratory where that product is intended solely to be analyzed in a laboratory for research and development purposes, it is not transported outside the laboratory, it is clearly identified and the workers have ready access to the information listed on the material safety data sheet for the product, where that data sheet is available.

For the purposes of this section, “research and development” means systematic investigation carried out in a field of science or technology by means of experiment or analysis, other than investigation in respect of market research, sales promotion, quality control or routine product sampling.

The definition includes

(1)  applied research, namely, work undertaken for the advancement of science with a practical application in view, and

(2)  development, namely, the use of the results of applied research to create new processes or products or improve existing ones.

O.C. 445-89, s. 22.

23. In a workplace where a controlled product is present in a pipe, a system of pipes with valves, a process vessel, a reaction vessel, a tank car, a tank truck, an ore car, a conveyor belt or any similar conveyance, the employer shall ensure that the controlled product contained therein is clearly identified so that it is used, handled and stored safely.

O.C. 445-89, s. 23.

24. The information appearing on a controlled product or on its container shall not contradict any of the information appearing on the label or sign for the product.

O.C. 445-89, s. 24.

25. The label or sign shall be placed in a conspicuous location. The prescribed information shall be clear, precise, easily legible and distinguishable from other information that may appear on the product or its container.

The label shall be sufficiently durable and resistant so that it will remain attached and legible under normal conditions of use.

O.C. 445-89, s. 25.

26. Any label or sign that is lost, destroyed or rendered unusable shall immediately be replaced by the employer.

O.C. 445-89, s. 26.

DIVISION 5 SUPPLIER’S MATERIAL SAFETY DATA SHEET

27. Subject to sections 29 to 31, an employer shall obtain from the supplier of any controlled product present in a workplace the material safety data sheet for that product listing the information prescribed in section 13(a) of the Hazardous Products Act (R.S.C. 1985, c. H-3).

Subject to section 51, the employer may not change or alter that data sheet.

O.C. 445-89, s. 27.

28. Where the material safety data sheet for a controlled product was prepared or last updated more than 3 years previously, the employer shall obtain from the supplier an updated data sheet for that product.

Where an employer is unable to obtain an updated data sheet for the product after taking the necessary measures for that purpose, he himself shall update the hazard information listed on the data sheet for each of the ingredients disclosed therein.

O.C. 445-89, s. 28.

29. Where an employer receives from a laboratory supplier a controlled product packaged in a container holding less than 10 kg of that product intended to be used solely in a laboratory, he is not required to obtain the material safety data sheet for that product, provided that the label affixed to its container complies with sections 24 and 25 and lists the information prescribed in section 32.

O.C. 445-89, s. 29.

30. Where an employer receives from a supplier a laboratory sample or a sample of a product intended solely to be analyzed in a laboratory and that he has reason to believe is a sample of a controlled product, he is not required to obtain the material safety data sheet for that product, provided that the sample is packaged in a container holding less than 10 kg of the product and a label is affixed thereto listing the information prescribed in paragraphs 1 to 5 of section 15.

O.C. 445-89, s. 30.

31. An employer may substitute for the supplier’s material safety data sheet a data sheet that he himself has prepared, provided that the data sheet contains at a minimum all the information listed in the supplier’s data sheet and indicates that the supplier’s data sheet may be consulted in the workplace.

O.C. 445-89, s. 31.

DIVISION 6 EMPLOYER’S MATERIAL SAFETY DATA SHEET

32. An employer who manufactures a controlled product in a workplace shall prepare a material safety data sheet for that product.

The data sheet shall contain at least the following categories of information:

(1)  ingredients described in paragraphs 1 to 4 of section 62.3 of the Act;

(2)  information on the preparation of the data sheet;

(3)  product information;

(4)  physical properties of the product;

(5)  fire or explosion hazard;

(6)  product reactivity;

(7)  toxicological properties of the product;

(8)  preventive measures; and

(9)  first aid measures.

O.C. 445-89, s. 32.

33. For each category of information, the employer shall list on the data sheet the corresponding information applicable to the product and its ingredients mentioned in column 2 of Schedule 1.

The information which is required to be disclosed for each of the categories of information mentioned in subparagraphs 3 to 9 of section 32 may be listed under the appropriate category as indicated in Schedule 1 or under another relevant category.

O.C. 445-89, s. 33.

34. The ingredient disclosure list and the concentration cut-off for those ingredients referred to in paragraph 2 of section 62.3 of the Act is the Ingredient Disclosure List (SOR/88-64) made under the Hazardous Products Act (R.S.C. 1985, c. H-3).

O.C. 445-89, s. 34.

35. Information disclosed under one category of information is not required to be repeated under any other category.

O.C. 445-89, s. 35.

36. Where for any category of information mentioned in column 1 of Schedule 1, no information can be indicated, the employer shall expressly mention that fact on the data sheet by using the words “sans objet/not applicable” or “non disponible/not available”, as applicable.

O.C. 445-89, s. 36.

37. Where the information required to be disclosed by section 32 is the subject of an application for exemption or of an exemption pursuant to sections 62.7 to 62.18 of the Act, that information shall be replaced by the information referred to in section 52 or 53.

O.C. 445-89, s. 37.

38. Where a material safety data sheet contains information on the toxicological data of a controlled product that is apparently or in fact contradictory, the data sheet shall make more explicit reference to the toxicological studies that are the source of that information so as not to mislead any person as to the nature and extent of the hazard posed by that product.

O.C. 445-89, s. 38.

39. The material safety data sheet for a controlled product shall also contain any other hazard information concerning the product and its ingredients of which the employer is aware or ought reasonably to be aware.

O.C. 445-89, s. 39.

40. An employer is not required to prepare a material safety data sheet for a controlled product that is a reaction intermediary as long as that controlled product is in the process of a reaction in a process vessel or reaction vessel.

O.C. 445-89, s. 40.

41. Subject to sections 42 and 43, an employer is not required to disclose on the material safety data sheet for a controlled product that he manufactures the information referred to in paragraphs 1, 3 and 4 of section 62.3 of the Act in respect of

(1)  any ingredient that is, within the meaning of Part IV of the Controlled Products Regulations (SOR/88-66), a teratogen, an embryotoxin, a carcinogen, a reproductive toxic agent or a respiratory tract sensitizer, or any ingredient that is, within the meaning of section 57 of Part IV of those Regulations, a mutagen, where the concentration of that ingredient in the controlled product is less than 0.1%, or

(2)  any other ingredient present in that product in a concentration of less than 1%.

O.C. 445-89, s. 41.

42. Where a controlled product manufactured by an employer is a complex mixture whose chemical identity and concentration are required pursuant to the Act to be disclosed on the material safety data sheet, but for which there exists a commonly known generic name, the employer may disclose that generic name on the data sheet rather than the chemical identity of the ingredients in the mixture and their concentration.

O.C. 445-89, s. 42.

43. Where a controlled product manufactured by an employer contains a component that is a complex mixture, the employer is not required to disclose on the material safety data sheet for the controlled product the information referred to in paragraphs 1, 3 and 4 of section 62.3 of the Act in respect of the ingredients in that component where

(1)  the concentration of the component in the product is less than 0.1% and that component is, within the meaning of Part IV of the Controlled Products Regulations (SOR/88-66), a teratogen, an embryotoxin, a carcinogen, a reproductive toxic agent or a respiratory tract sensitizer, or, within the meaning of section 57 of Part IV of those Regulations, a mutagen,

(2)  the concentration of the component in the product is less than 1% and the component is not one of those referred to in paragraph 1, or

(3)  the commonly known generic name of the component and its concentration in the product are disclosed on the data sheet for the product.

O.C. 445-89, s. 43.

44. Where the concentration of an ingredient in a controlled product or in a complex mixture that is a component of a controlled product is expressed as a percentage on the material safety data sheet, that percentage shall be determined as the ratio

(1)  of the weight of the ingredient or mixture to the weight of the product,

(2)  of the volume of the ingredient or mixture to the volume of the product, or

(3)  of the weight of the ingredient or mixture to the volume of the product.

With any percentage concentration listed on the data sheet, it shall be stated on the basis on which of the foregoing ratios the percentage was determined.

That percentage may be expressed by reference to the range of concentration within which the ingredient or mixture falls, rather than its actual concentration.

The reference ranges of concentration are

                  0.1 to  1%
                  0.5 to  1.5%
                  1   to  5%
                  3   to  7%
                  5   to  10%
                  7   to  13%
                 10   to  30%
                 15   to  40%
                 30   to  60%
                 40   to  70%
                 60   to 100% 

The concentration of an ingredient may also be expressed by reference to the subranges of concentration included within a reference range of concentration.

O.C. 445-89, s. 44.

45. An employer may prepare a generic material safety data sheet for a group of controlled products having a similar chemical composition, except for products in that group for which the hazard information varies or that have one or more ingredients whose concentration does not fall within the same reference range of concentration.

Where the hazard information varies for the controlled products in that group, the generic data sheet shall indicate, beside the name of each of those controlled products, the hazard information which is specific to them.

Where a controlled product in that group contains an ingredient whose concentration does not fall within the same range of concentration, the generic data sheet shall indicate, beside the name of that product and that ingredient, its range of concentration.

O.C. 445-89, s. 45.

46. The information appearing on a controlled product or its container shall not contradict any of the information listed in the material safety data sheet.

O.C. 445-89, s. 46.

47. An employer shall update the material safety data sheet for a controlled product that he manufactures at least once every 3 years or not later than 90 days after he becomes aware of any new hazard information.

O.C. 445-89, s. 47.

DIVISION 7 CONSERVATION AND COMMUNICATION OF THE MATERIAL SAFETY DATA SHEET

48. Subject to sections 49 and 50, the material safety data sheet for a controlled product shall be kept at the workplace by the employer in a place that is known to the workers and shall be easily and rapidly accessible to those workers that are liable to come into contact with the product.

That data sheet shall be in the form of a document that is easy to handle and consult.

O.C. 445-89, s. 48.

49. Where a controlled product is manufactured, used or analyzed in a laboratory, the employer shall conserve the material safety data sheet for that product or, failing that, a copy of its label in a place in the laboratory known to the workers, and he shall ensure that it is easily and rapidly accessible to them.

O.C. 445-89, s. 49.

50. An employer may consign the information listed in a material safety data sheet to a computer where

(1)  the information listed in the data sheet is easily and rapidly accessible to any worker requesting it,

(2)  at least one worker present in the workplace where the computer is situated as well as the members of the health and safety committee or, where applicable, the members of the job-site committee and the safety representative have received training enabling them to have access to that information, and

(3)  the data sheet consigned to the computer is reproducible in the form of a document that is easy to handle and consult.

O.C. 445-89, s. 50.

DIVISION 8 APPLICATION FOR EXEMPTION

51. Where an employer files an application for exemption pursuant to section 62.8 of the Act, he may strike the information which is the subject of that application from the supplier’s label or supplier’s material safety data sheet, or he may omit that information on any label, sign or data sheet that he prepares.

O.C. 445-89, s. 51.

52. Where an employer files an application for exemption pursuant to section 62.8 of the Act, he shall indicate on the label or the sign, as the case may be, and on the material safety data sheet, in place of the information which is the subject of that application, the registration date of that application for exemption and the number assigned to it by the body having jurisdiction to decide.

O.C. 445-89, s. 52.

53. An employer shall, within 30 days following a final decision granting an application for exemption in whole or in part, indicate on the label or the sign, as the case may be, and on the material safety data sheet, in place of the indications referred to in section 52, the fact that his application for exemption has been granted, the date of the decision granting the exemption and the registration number of the application.

Those indications shall appear on the label or sign and on the data sheet for as long as the exemption is valid.

O.C. 445-89, s. 53.

DIVISION 9 TRAINING AND INFORMATION PROGRAM

54. The training and information program referred to in section 62.5 of the Act is intended for all the workers in an establishment who work with a controlled product or are liable to come into contact with such a product.

The program shall include at least

(1)  all the hazard information for each of the controlled products present in the workplace,

(2)  a briefing about the nature and meaning of the information that is required to be disclosed on the label or sign of a controlled product and on the material safety data sheet for that product,

(3)  the directives to be followed to ensure that controlled products are used, handled, stored and disposed of safely, including any case where they are contained in a pipe, a system of pipes with valves, a process vessel, a reaction vessel, a tank car, a tank truck, an ore car, a conveyor belt or any similar conveyance,

(4)  the safety measures to be taken in respect of the fugitive emissions referred to in section 55 and in respect of the hazardous waste referred to in section 56, and

(5)  the procedure to be followed in an emergency.

O.C. 445-89, s. 54.

DIVISION 10 SPECIAL INFORMATION MEASURES CONCERNING FUGITIVE EMISSIONS AND HAZARDOUS WASTE

55. The provisions of Subdivision 5 of Division II of Chapter III of the Act and the provisions of this Regulation do not apply to fugitive emissions from controlled products in a gaseous, liquid or solid form that escape in a workplace from a process device, a pollution-control device or a product.

The employer shall nevertheless inform the workers by a sign and by the training and information program that such fugitive emissions are present and shall indicate the precautions to be taken in handling them and in case of exposure to them.

O.C. 445-89, s. 55.

56. The provisions of Subdivision 5 of Division II of Chapter III of the Act and the provisions of this Regulation do not apply to hazardous waste, namely, a controlled product intended to be disposed of or that is sold for recycling or recovery purposes.

The employer shall nevertheless ensure that the waste is handled and stored safely by means of a training and information program and by labels or signs that identify the waste and indicate the precautions to be taken in handling it and in case of exposure to it.

O.C. 445-89, s. 56.

DIVISION 11 TRANSITIONAL AND FINAL

57. An employer has one year from 20 April 1989 to ensure that all controlled products received from a supplier before that date and present in the workplace on that date are labelled pursuant to Division 3.

He shall nevertheless ensure that a label in accordance with sections 24 and 25 listing the information prescribed in section 17 is affixed to those products from 20 April 1989 until they satisfy the provisions of Division 3.

O.C. 445-89, s. 57.

58. An employer has 90 days from 20 April 1989 to obtain from the supplier of a controlled product received from that supplier before 20 April 1989 and present in the workplace on that date a material safety data sheet for that product in accordance with Division 5.

In order to avail himself of the first paragraph, the employer shall take all the necessary steps to obtain the data sheet from the supplier.

Where the employer nevertheless is unable to obtain the data sheet before the expiry of the 90-day period or where the data sheet is not available, he himself shall prepare, before that date, a data sheet in accordance with Division 5 listing the information that he may reasonably be expected to have.

O.C. 445-89, s. 58.

59. An employer has 90 days from 20 April 1989 to implement the training and information program referred to in Division 9 in his establishment.

O.C. 445-89, s. 59.

60. An employer has one year from 20 April 1989, to ensure that all controlled products received before 15 March 1989 from a supplier that is a secondary supplier entitled to the exemption referred to in section 15.1 of the Controlled Products Regulations (SOR/88-66) are labelled pursuant to Division 3.

He shall nevertheless ensure that a label in accordance with sections 24 and 25 listing the information prescribed in section 17 is affixed to those products from the time he receives them until they satisfy the provisions of Division 3.

The employer shall also inform the workers by a training and information program and by visual means of identification that the product is a controlled product received in the workplace before 15 March 1989 and that it is temporarily exempted from being labelled and is provided with a material safety data sheet pursuant to Divisions 3 and 5.

O.C. 445-89, s. 60.

61. An employer has until 15 June 1989 to obtain from the supplier of a controlled product received before 15 March 1989 from a supplier that is a secondary supplier entitled to the exemption referred to in section 8.1 of the Controlled Products Regulations (SOR/88-66) the material safety data sheet for that product in accordance with Division 5.

In order to avail himself of the first paragraph, the employer shall, in addition to satisfying the requirements of the second and third paragraphs of section 60, take all the necessary steps to obtain the data sheet from the supplier.

Where the employer nevertheless is unable to obtain the data sheet before the expiry of that time period or where the data sheet is not available, he himself shall prepare a data sheet in accordance with Division 5 listing the information that he may reasonably be expected to have.

O.C. 445-89, s. 61.

62. (Omitted).

O.C. 445-89, s. 62.

SCHEDULE 1

(s. 33)

INFORMATION TO BE LISTED ON A MATERIAL SAFETY DATA SHEET

1. In this section,

“CAS registry number” means the identification number assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society; (numéro d’enregistrement CAS)

“flash point” means the minimum temperature at which a liquid gives off vapour in sufficient concentration to ignite in test circumstances; (point d’éclair)

“LC50” means the concentration of a substance in air that, when administered by means of inhalation over a specified length of time in an animal assay, is expected to cause the death of 50% of a defined animal population; (CL50)

“LD50” means the single dose of a substance that, when administered by means other than inhalation in an animal assay, is expected to cause the death of 50% of a defined animal population; (DL50)

“product identification number or UN Number” means the number and letters specified in column 1 of the List in Schedule 1 to the Transportation of Dangerous Goods Regulations (SOR/2001-286) that correspond to the product specified in column 2 of that list. (numéro d’identification du produit ou numéro UN)

         Column 1                                     Column 2
       Category of                                  Information                     
       information       

Hazardous ingredients              - Chemical name and concentration
                                   - CAS registry number and product identification
                                     number 
                                   - LD50  (species and route)
                                   - LC50 (species and route)
                            
Information on preparation         - Name and telephone number of the person
of the data sheet                    responsible for preparing the data sheet and 
                                     date on which it was prepared
   
Product information                - Manufacturer’s name, street address, city,
                                     province, postal code and emergency telephone
                                     number
                                   - Name of product
                                   - Use of product
 
Physical properties                - Physical state (gas, liquid or solid)
                                   - Odour and appearance
                                   - Odour threshold
                                   - Vapour pressure
                                   - Vapour density (Air: 1)
                                   - Evaporation rate
                                   - Boiling point
                                   - Freezing point
                                   - pH
                                   - Density
                                   - Coefficient of water/oil distribution
   
Fire or explosion hazard           - Conditions of flammability
                                   - Means of extinction
                                   - Flash point and method of determination
                                   - Lower explosion limit (% by volume)
                                   - Upper flammable limit (% by volume)
                                   - Auto-ignition temperature
                                   - Hazardous combustion products
                                   - Explosion data - sensitivity to mechanical 
                                     impact
                                   - Explosion date - sensitivity to electrostatic
                                     discharge
  
Reactivity                         - Conditions under which the product is 
                                     chemically unstable
                                   - Name of any substance or class of substance 
                                     with which the product is incompatible
                                   - Conditions of reactivity
                                   - Hazardous decomposition products

Toxicological                      - Route of entry, including skin contact, skin
properties                           absorption, eye contact, inhalation and 
                                     ingestion
                                   - Effects of acute exposure to product
                                   - Effects of chronic exposure to product
                                   - Exposure limits
                                   - Irritancy of product
                                   - Sensitization to product
                                   - Carcinogenicity
                                   - Reproductive toxicity
                                   - Teratogenicity and embryotoxicity
                                   - Mutagenicity
                                   - Name of toxicologically synergistic products
  
Preventive measures                - Personal protective equipment to be used
                                   - Specific technical controls to be used
                                   - Procedures to be followed in case of leak or 
                                     spill
                                   - Hazardous waste disposal
                                   - Handling procedures and equipment
                                   - Storage requirements
                                   - Special shipping information
  
First aid measures                 - Specific emergency first aid measures    

O.C. 445-89, Sch. 1.

REFERENCES

O.C. 445-89, 1989 G.O. 2, 1558