WHMIS 1988 - Requirements under HPA and CPR
A product which falls within any of the hazard criteria set out in Part IV of the Controlled Products Regulations (CPR) is a WHMIS "controlled product" and is subject to the MSDS and labelling requirements of the Hazardous Products Act (HPA), unless it is excluded under Section 12 of the HPA.
Section 13 of the HPA places a legal requirement on the Canadian supplier of a WHMIS controlled product "intended for use in a workplace in Canada" to transmit an MSDS and apply a label disclosing prescribed information as a condition of sale. Section 14 of the HPA places a legal requirement on the Canadian importer of a controlled product to obtain or prepare an MSDS and to ensure that the requisite label is applied as a condition of importation.
Section 23 of the CPR gives the MSDS and labelling requirements for an imported controlled product that will be labelled or repackaged in Canada.
Importation - Overview
The Canadian importer has the legal obligation to respect the MSDS and labelling requirements set out in the HPA and the CPR. When a WHMIS controlled product will be labelled or repackaged in Canada, the Canadian importer must obtain or prepare a MSDS before the controlled product is used or sold in Canada (CPR Section 23). The importer must also apply a label to the controlled product or to the container in which the controlled product is packaged before the controlled product is used or sold either:
- at the address of the importer (when the controlled product is delivered there)
- at the address of the person to whom the importer has sold the controlled product (when the product is directly imported to that address).
The importer must also provide a statement to an inspector in each province into which the controlled product is imported.
Importation into Canada
Industry Canada has information on the documents required for importation into Canada Pre-market approval is not required for WHMIS controlled products.
Exportation from Canada
Exportation from Canada falls outside of the scope of the WHMIS MSDS and labelling requirements of the HPA.
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