Variances between the Hazardous Products Regulations and the United States Hazard Communication Standard
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Information contained on this page is of a general nature only and is not intended to constitute advice for any specific situation. For specific questions, users should contact their legal advisor and/or the occupational health and safety authority having jurisdiction for their workplace.
The table below highlights some of the variances between the Hazardous Products Regulations (HPR), under the Hazardous Products Act (HPA) in Canada, and the United States Hazard Communication Standard (U.S. HCS).
Variances | Canadian requirements | U.S. requirements |
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1. Supplier Identifier | "The name, address and telephone number of the Canadian manufacturer or the importer of the hazardous product who operates in Canada (the "initial supplier identifier") must appear on the label and safety data sheet (SDS) (subsection 3(1) and item 1(d) of Schedule 1 to the HPR). The contact information of a foreign-based supplier may be disclosed on the SDS and label as long as the initial supplier identifier is also disclosed. However, a supplier may omit the initial supplier identifier on the SDS and label if they list their own identity (name, address and telephone number) instead (section 5.8 of the HPR). Furthermore, if a Canadian importer imports a hazardous product from a foreign supplier only for use in their own work place in Canada, the importer is exempt from the requirement to provide the initial supplier identifier on the SDS and label given that the foreign supplier's name, address and telephone number are retained on the SDS and label (section 5.9 of the HPR). |
The name, U.S. address and U.S. telephone number of the manufacturer, importer, or other responsible party must appear on the label and SDS. |
2. Water-Activated Toxicants | In the case of a hazardous product classified as an acute toxicant that, upon contact with water, releases a gaseous substance that meets classification criteria for a category of Acute Toxicity (Inhalation), a supplemental hazard statement is required on the label and SDS indicating that, in contact with water, the product releases gases which are fatal/toxic/harmful if inhaled (paragraph 3(1)(f) of the HPR). |
A supplemental hazard statement is required on the SDS if substances which, upon contact with water, release a toxic gas are present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. |
3. Information required under section 11 of the SDS | The following information must be provided under section 11 of the SDS, if available and applicable (paragraph 4(1)(b) and item 11 of Schedule 1 to the HPR): Concise but complete description of the various toxic health effects and the data used to identify those effects, including
Additional toxicological information beyond what is required may be included on the SDS, as long as the information is not false or misleading, or likely to create an erroneous impression with respect to the information that is required to be included on the SDS for a hazardous product (section 14.2 of the HPA). |
The SDS shall include the following information under section 11 (item 11 of Table D.1 of the HCS): Description of the various toxicological (health) effects and the available data used to identify those effects, including:
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4. Prescribed concentration ranges to protect confidential business information (CBI) / trade secrets | For the purpose of protecting a trade secret, the use of prescribed concentration ranges, including narrower concentration ranges that fall within one of the prescribed concentration ranges is allowed on the SDS (sections 4.4.1 and 4.5 of the HPR). There is no requirement that the prescribed concentration range used be the narrowest range possible to protect the trade secret. |
If the concentration or concentration range is being claimed as a trade secret, then the ingredient's concentration on the SDS is provided as one of the prescribed ranges as set out in paragraphs (i)(1)(iv)(A) to (M) of the HCS. The prescribed concentration range used must be the narrowest range possible. If the exact concentration range falls between 0.1% and 30% and does not fit entirely into one of the prescribed concentration ranges, a single range created by the combination of 2 applicable consecutive ranges (for example, between (i)(1)(iv) (A) and (G)) may be disclosed instead, provided that the combined concentration range does not include any range that falls entirely outside the exact concentration range in which the ingredient is present. Manufacturers may provide a range narrower than prescribed in (i)(1)(v). |
5. Labels on multi-container shipments | Where a hazardous product is packaged in multiple containers, each container must be fully labelled, unless: (a) the small capacity container (≤ 100 mL) exemption applies (subsection 5.4(1) of the HPR); or (b) 1 of the outer container exemptions applies (sections 5.2 and 5.3 of the HPR). |
Only the innermost container is required to be labelled. The outer container does not need to be labelled. |
6. Labels on kit outer containers | The outer container of a kit (containing at least 2 different hazardous products) must be labelled. There is an exemption that allows reduced information on the outer container label, as long as a special statement referring the user to the individual product labels for signal words, hazard statements and precautionary statements is provided on the outer container label (section 5.3 of the HPR). |
U.S. OSHA allows for full label information to be on the immediate outer package when the inner containers are 100 ml and 3 ml or less and the manufacturer has determined it is not feasible to include all label elements on the container (paragraph (f)(12) of the HCS). |
7. Small packages labelling provisions | For containers that have a capacity of less than or equal to 100 ml, there is an exemption that allows the precautionary statements and hazard statements to be omitted from the label. All other information elements that would normally be required on the label are still required (subsection 5.4(1) of the HPR). In addition, products in containers less than or equal to 3 ml capacity are also exempt from the requirement that labels remain attached to the immediate container during normal conditions of use, if the label interferes with the normal use of the hazardous product (subsection 5.4(2) of the HPR). In this scenario, there is no requirement for a product identifier to appear on the container. |
For containers that have a capacity of less than or equal to 100 ml, precautionary statements and hazard statements may be omitted from the label, but the label must include a statement that the full information for the hazardous chemical is provided on the immediate outer package (paragraph (f)(12)(ii) of the HCS). For containers less than or equal to 3 ml capacity, no label is required, but the container must bear the product identifier. This only applies when the manufacturer, importer, or distributor can demonstrate that a label would interfere with the normal use of the container (paragraph (f)(12)(iii) of the HCS). The above provisions apply where the manufacturer, importer, or distributor can demonstrate that it is not feasible to use labels containing all required label elements (paragraph (f)(12)(i) of the HCS). In addition, for all small containers, the immediate outer package must include (paragraph (f)(12)(iv)):
the immediate outer package bearing the complete label when not in use. |
8. Labelling exemptions for bulk shipments | No label is required for bulk shipments and unpackaged hazardous products (section 5.5 of the HPR). All information elements that would otherwise be required on the label, are required on the SDS under sections 1 and 2. |
For bulk shipments, the label must be placed on the immediate container, transmitted with the shipping papers or the bills of lading, or with the agreement of the receiving entity, transmitted by other technological or electronic means so that it is immediately available to workers in printed form on the receiving end of the shipment. |
9. Updating of SDS and label information | Suppliers are allowed a period of 90 days to update SDSs to reflect significant new data, as defined in subsection 5.12(1) of the HPR, and 180 days to update labels for the same. If a hazardous product is sold or imported within 90 days after significant new data became available, the new data is not required to be included on the SDS so long as a document providing the new data and the date upon which it became available is transmitted to the purchaser of the product, or obtained or prepared and appended to the SDS where the product is imported (section 5.12 of the HPR). A similar requirement applies to labels, although the corresponding period of time is 180 days. |
Chemical manufacturers, importers, distributors, and employers are allowed a period of 3 months to update SDSs as a result of the significant new information regarding the hazards of a chemical and 6 months to update labels for the same. Chemicals that have already been released for shipment and are awaiting further distribution need not be relabelled to reflect the significant new hazard information. However, the manufacturer, importer or distributor must produce updated labels for each container to be sent with the shipment. |
10. Bilingual labels and SDSs | Labels and SDSs must be in both English and French (subsection 6.2(1) of the HPR). The required information elements may appear either on a single bilingual SDS or on 2 separate unilingual documents that together constitute 1 bilingual SDS. The same applies to labels (subsection 6.2(2) of the HPR). |
Labels and SDSs must be in English. |
11. Explosives hazard class | The Explosives hazard class has not been adopted because, as specified in Schedule 1 to the HPA, explosives, as defined in section 2 of the Explosives Act, are excluded from the application of the HPA. Natural Resources Canada (NRCan) administers the Explosives Act. For more information regarding requirements for explosives, please consult NRCan. |
U.S. OSHA has adopted the Explosives hazard class. |
12. Desensitized Explosives hazard class | The Desensitized Explosives hazard class has not been adopted because, as specified in Schedule 1 to the HPA, explosives, as defined in section 2 of the Explosives Act, are excluded from the application of the HPA. Natural Resources Canada administers the Explosives Act. For more information regarding requirements for explosives, please consult NRCan. |
U.S. OSHA has adopted the Desensitized Explosives hazard class. |
13. Combustible Dusts: which products must have a label and SDS, and the wording of the hazard statement | Only products that are sold or imported in dust form and that present a combustible dust hazard are required to have a label and SDS with the information elements specified for Combustible Dusts in Schedule 5 to the HPR (Subpart 17 of Part 7 of the HPR). Either of these hazard statements must be used for Combustible Dusts (Part 1 of Schedule 5 to the HPR):
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Chemicals that are shipped in dust form and present a combustible dust hazard in that form when used downstream are required to be classified and labelled as Combustible Dusts. In addition, chemicals that are shipped in a non-dust form but which, when used in a downstream workplace, present a combustible dust hazard, are required to be classified and labelled as Combustible Dusts. Either of these hazard statements can be used for Combustible Dusts:
Text in square brackets may be used when the material can only create a combustible dust hazard due to the creation of small particles during the processing or handling of the chemical. |
14. Mixture containing a Category 2 carcinogen at a concentration between 0.1 - 1.0% | All mixtures containing a carcinogenic ingredient (whether Category 1 or 2) at a concentration of 0.1% or more are required to have a label as well as an SDS (sections 8.6.3 and 8.6.4 of the HPR), unless subsections 8.6.3(1) or 8.6.3(2) apply. |
All mixtures containing a carcinogenic ingredient (whether Category 1 or 2) at a concentration of 0.1% or more are required to have an SDS. All mixtures containing a Category 1 carcinogen at 0.1% or more, or a Category 2 carcinogen at 1% or more must have a label. Mixtures containing a Category 2 carcinogen at a concentration between 0.1% and 1% are not required to have a label, that is, a label warning is optional for such mixtures. (Table A.6.1 of the HCS). |
15. Hazards Not Otherwise Classified, Physical Hazards Not Otherwise Classified (PHNOC) and Health Hazards Not Otherwise Classified (HHNOC) | Label elements are required for PHNOC and HHNOC (paragraph 3(1)(d) of the HPR). For mixtures that contain an HHNOC ingredient at a concentration of 1% or more, information relating to the HHNOC ingredient, including its chemical name and concentration or concentration range, must be disclosed on the SDS (item 3(2) of Schedule 1 to the HPR). |
The HCS captures PHNOC and HHNOC under the "Hazards Not Otherwise Classified" (HNOC) hazard class. No label elements are required for HNOC. However, it is permitted to include the exclamation mark pictogram as long as the words "Hazards Not Otherwise Classified" or the letters "HNOC" appear below the pictogram (HCS paragraph C.2.3.3). For a mixture that contains an HNOC ingredient at a concentration of 1% or more, there is no requirement to disclose the chemical name or concentration of the HNOC ingredient on the SDS. |
16. Biohazardous Infectious Materials (BIM) hazard class | The HPR contains a hazard class for BIM. Products that meet the criteria for this hazard class must be appropriately labelled. In addition to the standard SDS, there is a requirement for a BIM SDS appendix that provides information specific to the BIM (subsection 4(3), subpart 11 of Part 8 and Schedule 2 to the HPR). |
There is no hazard class for biohazardous infectious materials since these materials are not regulated in the workplace by the U.S. HCS. |
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