WHMIS 2015 - Hazardous Products Regulations (HPR) Exemptions - Health Canada
Under certain circumstances suppliers do not have to adhere fully to all Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR) requirements. Part 5, Exceptions, of the HPR provides "exemptions" from the requirements of the Act and regulations.
The list below highlights some of these exemptions that are included in the HPR:
Outer Container: For hazardous products packaged in multi-containers, the outer container does not require a Workplace Hazardous Materials Information System (WHMIS) label if: (1) the inner container label is visible and legible through the outer container under normal conditions of storage and handling; or (2) the outer container has a label in accordance with the Transportation of Dangerous Goods Regulations (TDG Regulations). This exemption is found in section 5.2 of the HPR.
Small Capacity Containers (100 ml or less): Hazardous products packaged in small volume containers are exempt from the requirement to bear precautionary or hazard statements on the label. This exemption is found in subsection 5.4.(1) of the HPR.
Small Capacity Containers (3 ml or less): Hazardous products packaged in a container with a capacity of 3 ml or less where the label interferes with the normal use of the product are required to have a label that remains durable and legible only while in transport and storage, not during their use. This exemption is found in subsection 5.4(2) of the HPR.
Bulk Shipment and Unpackaged Hazardous Products: The bulk shipment exemption includes hazardous products sold without packaging of any sort (such as bulk oil) regardless of whether they are shipped or picked up at the supplier's location. These products are exempt from the requirement for a label as all label information would be provided within sections 1 and 2 of the safety data sheet (SDS) required by the HPR; the purchaser is, therefore, able to create a label based on that information. This exemption is found in section 5.5 of the HPR.
Complex Mixtures - Ingredients: For hazardous products that are complex mixtures, the supplier may disclose on the SDS the commonly known generic name of the complex mixture instead of the chemical name (known as chemical identity under the Controlled Products Regulations) and concentration of each ingredient in the complex mixture that poses a health hazard. For hazardous products that contain an ingredient that is a complex mixture, the supplier may disclose, on the SDS, the commonly known generic name and concentration of the complex mixture instead of the chemical name and concentration of each ingredient in the complex mixture that poses a health hazard. This exemption is found in subsection 5.6 of the HPR.
Repetition of a Symbol on a Label: Hazardous products are not required to have a WHMIS 2015 pictogram on their labels if, in accordance with the TDG Regulations, the same symbol of the pictogram appears on a separate label on the same hazardous product. This exemption is found in section 5.10 of the HPR.
In Transit Products: Hazardous products that are being transported through Canada, after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada, are exempt from SDS and labelling requirements. This exemption is found in subsection 5.14(2) of the HPR.
Sale for exportation: Hazardous products that are being sold for the purpose of their exportation are exempt from SDS and labelling requirements if the products are not intended to be used in a workplace in Canada and are intended to be transported for the purpose of that sale. This exemption is found in subsection 5.14(3) of the HPR.
Importation to Bring into Compliance: This exemption allows a supplier to import a product that does not comply with the labelling requirements of the HPR, for the purpose of bringing the label into compliance with the regulations prior to the product being re-sold in Canada or being used in a workplace in Canada. This exemption is found in section 5.15 of the HPR.
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