Amendments to the Hazardous Products Regulations

Administrative updates

Transition period

3 years plus 9 months from the Controlled Products Regulations (February 11, 2015 to November 30, 2018); rolled out in 3 phases (phase 1 for manufacturers and importers, phase 2 for distributors and phase 3 for employers)

3-year general transition period for all stakeholders from the former HPR

Adoption of new hazard classes and categories

Hazard classes

List of hazard classes found in Schedule 2 to the Hazardous Products Act prior to amendments

Adoption of a new physical hazard class, Chemicals Under Pressure, in Schedule 2 to the Hazardous Products Act following amendments

Aerosols – new category

Flammable Aerosols hazard class includes 2 categories – Category 1 and Category 2

Change of hazard class name to Aerosols and adoption of a new category: Aerosols – Category 3 (non-flammable aerosol products)

Modification of classification criteria for certain hazard classes

Flammable Gases

Flammable Gases hazard class includes 2 categories – Category 1 and Category 2

Adoption of subcategories for Flammable Gases for Category 1

Pyrophoric gases

Pyrophoric Gases is a distinct physical hazard class from Flammable Gases

Repeal of the Pyrophoric Gases hazard class as the adoption of new subcategories for Flammable Gases include these gases under a subcategory of Flammable Gases – Category 1A

Classification criteria for water-activated toxicants

For substances and mixtures that, as sold or imported, meet the criteria to be classified under Acute Toxicity (Inhalation) and are also water-activated toxicants, classification is based on which is the more severe hazard

For substances and mixtures that meet the criteria to be classified under Acute Toxicity (Inhalation) and are also water-activated toxicants, classification is based on the acute inhalation toxicity of the substance or mixture as sold or imported

Health hazard classes that include both categories and subcategories

Some classification provisions provide criteria for the classification of mixtures in a category of the hazard class, but do not provide criteria for the classification of mixtures in a subcategory

Specification that mixtures may be classified in a subcategory when there are sufficient data available

Classification criteria for Reproductive Toxicity – Category 2

These criteria refer to human or animal data that show adverse effects

Correction to criteria to specify that adverse effects observed in humans or animals must not be considered as a secondary non-specific consequence of other toxic effects

New information elements required on safety data sheets (SDSs) and/or labels

Hazard statement for Combustible Dust products

Hazard statement reads as follows: "May form combustible dust concentrations in air"

Amendment to provide a second option for the hazard statement: "May form explosible dust-air mixture"

Schedule 1 to the HPR (Information Elements on SDSs)

Physical and chemical properties of hazardous products required to be disclosed on SDSs are listed in item 9 of Schedule 1

Amendment of item 9 of Schedule 1: Modification of information elements concerning physical and chemical properties of hazardous products

Modification of information to be disclosed on an SDS and/or label

Subsections 4.4.1(3) and 4.5(3) of the HPR

Prescribed concentration ranges are allowed on SDSs if the actual concentration or actual concentration range of a hazardous ingredient is withheld as a trade secret

Amendment to allow for the use of narrower concentration ranges that fall within one of the prescribed concentration ranges

Subsection 3(2) of Schedule 1 to the HPR (Information Elements on SDSs)

Ingredient disclosure requirements for mixtures are specified in this subsection of Schedule 1

Amendment to specify that all hazardous ingredients which are present in a mixture at concentrations above the relevant cut-off levels must be disclosed, regardless of whether the hazardous ingredient contributes to the classification of the mixture as a hazardous product

Subsections 5.7(9), 5.7(10) and 5.7 (11) of the HPR

Exemptions that may be applied in situations where hazardous products are sold to an employer who has filed a confidential business information claim are set out in these subsections

Specification that provisions under subsections 5.7(9) and (10) apply to both SDSs and labels and specification that the provision under subsection 5.7(11) addresses information elements other than the product identifier and initial supplier identifier

Other

Provisions concerning significant new data (section 5.12 of the HPR)

These provisions set out requirements for suppliers to provide, obtain or prepare a written document that includes the significant new data and the date on which they became available

Amendments to specify that, when a supplier is required to provide, obtain, or prepare a written document, it must include the changes to the SDS and/or label that are required as a result of the significant new data and the date on which the significant new data became available