CHAPTER H-3

An Act to prohibit the advertising, sale and importation of hazardous products

1. This Act may be cited as the Hazardous Products Act.

R.S., c. H-3, s. 1.

2. In this Act,

“advertise”, in relation to a prohibited product or restricted product, includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or other disposition of the product;

“analyst” means any person designated as an analyst under the Food and Drugs Act or pursuant to subsection 21(1);

“controlled product” means any product, material or substance specified by the regulations made pursuant to paragraph 15(1)(a) to be included in any of the classes listed in Schedule II;

“hazardous product” means any prohibited product, restricted product or controlled product;

“import” means to import into Canada;

“inspector” means any person designated as an inspector pursuant to subsection 21(1);

“Minister” means the Minister of Health;

“prohibited product” means any product, material or substance included in Part I of Schedule I;

“restricted product” means any product, material or substance included in Part II of Schedule I;

“sell” includes offer for sale, expose for sale and distribute.

R.S., 1985, c. H-3, s. 2; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1992, c. 1, s. 145(F); 1996, c. 8, s. 25.

3. (1) This Part does not apply in respect of the advertising, sale or importation of any

(a) explosive within the meaning of the Explosives Act;

(b) cosmetic, device, drug or food within the meaning of the Food and Drugs Act;

(c) control product within the meaning of the Pest Control Products Act; or

(d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive.

(2) This Part does not apply to the advertising, sale or importation of a tobacco product as defined in section 2 of the Tobacco Act or the advertising of lighters or matches that display a tobacco product-related brand element, except to the extent that a cigarette described in item 41 of Part I of Schedule I is a prohibited product.

(3) If the Governor in Council does not make a regulation under paragraph 5(b.1) on or before June 30, 2004,

(a) the Minister shall prepare a report;

(b) the Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first ten days on which that House is sitting after June 30, 2004; and

(c) each House shall refer the report to the appropriate Committee of that House.

(4) The report is to include

(a) an explanation as to why the regulation has not been made;

(b) a schedule for the making of the regulation;

(c) a list of the safe-cigarette legislation in force in North America; and

(d) summaries of any scientific studies that have been reviewed by the Minister during the process of establishing the flammability standards to be used to test cigarettes.

R.S., 1985, c. H-3, s. 3; R.S., 1985, c. 24 (3rd Supp.), s. 1, c. 15 (4th Supp.), s. 9; 1989, c. 7, s. 2; 1997, c. 9, s. 104, c. 13, s. 61; 2004, c. 9, s. 1.

4. (1) No person shall advertise, sell or import a prohibited product.

(2) No person shall advertise, sell or import a restricted product except as authorized by the regulations made under section 5.

R.S., 1985, c. H-3, s. 4; R.S., 1985, c. 24 (3rd Supp.), s. 1.

5. The Governor in Council may make regulations

(a) authorizing the advertising, sale or importation of any restricted product and prescribing the circumstances and conditions under which and the persons by whom the restricted product may be advertised, sold or imported;

(b) prescribing the procedures to be followed by a board of review established pursuant to section 9 in conducting an inquiry;

(b.1) prescribing the method and flammability standard to be used to test cigarettes; and

(c) generally for carrying out the purposes and provisions of this Part.

R.S., 1985, c. H-3, s. 5; R.S., 1985, c. 24 (3rd Supp.), s. 1; 2004, c. 9, s. 2.

5.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

(2) The Minister may make an interim order in which any power referred to in section 6 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(5) An interim order

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after it is made.

(6) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.

2004, c. 15, s. 67.

6. (1) The Governor in Council may, by order, amend Part I or II of Schedule I by adding thereto

(a) any product, material or substance that is or contains a poisonous, toxic, flammable, explosive, corrosive, infectious, oxidizing or reactive product, material or substance or other product, material or substance of a similar nature that the Governor in Council is satisfied is or is likely to be a danger to the health or safety of the public; or

(b) any product designed for household, garden or personal use, for use in sports or recreational activities, as life-saving equipment or as a toy, plaything or equipment for use by children that the Governor in Council is satisfied is or is likely to be a danger to the health or safety of the public by reason of its design, construction or contents.

(2) The Governor in Council may, by order, amend Part I or II of Schedule I by deleting therefrom any product, material or substance if the Governor in Council is satisfied that the inclusion of the product, material or substance in that Part is no longer necessary.

(3) For greater certainty, an order made pursuant to subsection (1) may describe a product, material or substance added thereby to Part I or II of Schedule I by reference to any properties or characteristics of the product, material or substance or by reference to any other criteria and any product, material or substance that has those properties or characteristics or meets those criteria shall, for the purposes of this Act, be deemed to have been added by the order to Part I or II, as the case may be, of Schedule I.

(4) An order made pursuant to subsection (1) incorporating a law, standard or specification by reference may incorporate that law, standard or specification as amended from time to time.

(5) [Repealed, 1996, c. 8, s. 26]

R.S., 1985, c. H-3, s. 6; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1996, c. 8, s. 26.

7. (1) The Minister shall cause a copy of each order made pursuant to subsection 6(1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the order is made.

(2) If both Houses of Parliament resolve that an order or any part of an order made pursuant to subsection 6(1) should be revoked, the order or that part thereof is thereupon revoked.

R.S., 1985, c. H-3, s. 7; R.S., 1985, c. 24 (3rd Supp.), s. 1.

8. Where a product, material or substance is added to Part I or II of Schedule I by an order made pursuant to subsection 6(1), any manufacturer or distributor of that product, material or substance or any person having that product, material or substance in possession for sale may, within sixty days after the date of the making of the order, request the Minister to refer the order to a board of review.

R.S., 1985, c. H-3, s. 8; R.S., 1985, c. 24 (3rd Supp.), s. 1.

9. (1) On receipt of a request described in section 8, the Minister shall establish a board of review, in this section referred to as the “Board”, consisting of not more than three persons and shall refer the order in respect of which the request was made to the Board.

(2) The Board shall inquire into the nature and characteristics of any product, material or substance to which an order referred to it under subsection (1) applies and shall give the person making the request and any other person affected by the order a reasonable opportunity of appearing before the Board, presenting evidence and making representations to it.

(3) The Board has all the powers that are or may be conferred by or under sections 4, 5 and 11 of the Inquiries Act on commissioners appointed under Part I of that Act.

(4) The Board, as soon as possible after the conclusion of its inquiry, shall submit a report with its recommendations to the Minister, together with all evidence and other material that was before the Board.

(5) Any report of the Board shall, within thirty days after its receipt by the Minister, be made public by the Minister, unless the Board states in writing to the Minister that it believes the public interest would be better served by withholding publication, in which case the Minister may decide whether the report, either in whole or in part, shall be made public.

(6) The Minister may publish and supply copies of a report referred to in subsection (4) in such manner and on such terms as the Minister deems proper.

R.S., 1985, c. H-3, s. 9; R.S., 1985, c. 24 (3rd Supp.), s. 1.

10. (1) Where the Minister has reason to believe that a product, material or substance is a product, material or substance that may be added to Part I or II of Schedule I by an order made pursuant to subsection 6(1), the Minister may, by registered mail, send a written notice to any manufacturer of the product, material or substance requesting the disclosure of information relating to the formula, composition, chemical ingredients or hazardous properties of the product, material or substance and such other information as the Minister deems necessary for the purpose of determining whether the product, material or substance is or is likely to be a danger to the health or safety of the public.

(2) Every manufacturer to whom a notice referred to in subsection (1) is sent shall disclose to the Minister, in the manner and within the period specified in the notice, any information described in that subsection that is requested in the notice and is in the possession of the manufacturer.

(3) Information received by the Minister from a manufacturer pursuant to subsection (1) is privileged and shall not be disclosed to any other person except as may be necessary for the administration or enforcement of this section or for the purposes of section 6.

R.S., 1985, c. H-3, s. 10; R.S., 1985, c. 24 (3rd Supp.), s. 1.

11. (1) In this Part,

“bulk shipment” has the meaning assigned by regulation;

“container” includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank;

“hazard symbol” includes any design, mark, pictogram, sign, letter, word, number, abbreviation or any combination thereof that is to be displayed on a controlled product, or a container in which a controlled product is packaged, in order to show the nature of the hazard of the controlled product;

“hazardous waste” has the meaning assigned by regulation;

“Ingredient Disclosure List” means the Ingredient Disclosure List established by the Governor in Council pursuant to subsection 17(1);

“label” includes any mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper;

“manufactured article” means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product;

“material safety data sheet” means a document on which words, figures or symbols disclosing the information referred to in subparagraphs 13(a)(i) to (v) may be written, printed or otherwise expressed;

“prescribed” means prescribed by regulation;

“regulation” means a regulation made pursuant to subsection 15(1);

“supplier” means a person who is a manufacturer, processor or packager of a controlled product or a person who, in the course of business, imports or sells controlled products;

“transmit” means to send or convey by any physical, electronic, optical or other means;

“work place” has the meaning assigned by regulation.

(2) For the purposes of this Part, a label is applied to a controlled product or container in which a controlled product is packaged if the label is attached to, imprinted on, stencilled on or embossed on the controlled product or container or, in the case of a bulk shipment of a controlled product, is included with or caused to accompany the bulk shipment in the manner prescribed.

R.S., 1985, c. H-3, s. 11; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1999, c. 31, s. 127(E).

12. This Part does not apply in respect of the sale or importation of any

(a) explosive within the meaning of the Explosives Act;

(b) cosmetic, device, drug or food within the meaning of the Food and Drugs Act;

(c) control product within the meaning of the Pest Control Products Act;

(d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive;

(e) hazardous waste;

(f) product, material or substance included in Part II of Schedule I and packaged as a consumer product;

(g) wood or product made of wood;

(h) tobacco or a tobacco product as defined in section 2 of the Tobacco Act; or

(i) manufactured article.

R.S., 1985, c. H-3, s. 12; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1997, c. 9, s. 105, c. 13, s. 62.

13. Subject to the Hazardous Materials Information Review Act, no supplier shall sell to any person a controlled product intended for use in a work place in Canada unless

(a) on the sale of the controlled product, the supplier transmits to that person a material safety data sheet with respect to the controlled product that discloses the following information, namely,

(i) where the controlled product is a pure substance, the chemical identity of the controlled product and, where the controlled product is not a pure substance, the chemical identity of any ingredient thereof that is a controlled product and the concentration of that ingredient,

(ii) where the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in the Ingredient Disclosure List for that ingredient, the chemical identity and concentration of that ingredient,

(iii) the chemical identity of any ingredient thereof that the supplier believes on reasonable grounds may be harmful to any person and the concentration of that ingredient,

(iv) the chemical identity of any ingredient thereof the toxicological properties of which are not known to the supplier and the concentration of that ingredient, and

(v) such other information with respect to the controlled product as may be prescribed; and

(b) the controlled product or container in which the controlled product is packaged has applied to it a label that discloses prescribed information and has displayed on it all applicable prescribed hazard symbols.

R.S., 1985, c. H-3, s. 13; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1999, c. 31, s. 128(F).

14. Subject to the Hazardous Materials Information Review Act, no supplier shall import a controlled product intended for use in a work place in Canada unless

(a) the supplier obtains or prepares, on the importation of the controlled product, a material safety data sheet with respect to the controlled product that discloses the information referred to in subparagraphs 13(a)(i) to (v) and keeps the material safety data sheet available for such purposes as may be prescribed; and

(b) the controlled product or container in which the controlled product is packaged has applied to it a label that discloses prescribed information and has displayed on it all applicable prescribed hazard symbols.

R.S., 1985, c. H-3, s. 14; R.S., 1985, c. 24 (3rd Supp.), s. 1.

15. (1) Subject to section 19, the Governor in Council may make regulations

(a) specifying, for each class listed in Schedule II, products, materials and substances to be included in that class;

(b) establishing, for any class listed in Schedule II, divisions or subdivisions of that class and specifying, for each controlled product included in that class, the division or subdivision into which it falls;

(c) prescribing information to be disclosed on a material safety data sheet or label;

(d) prescribing the form and manner in which information shall be disclosed on a label and the manner in which a label shall be applied to a controlled product or container in which a controlled product is packaged;

(e) prescribing hazard symbols and the manner in which hazard symbols shall be displayed on a controlled product or container in which a controlled product is packaged;

(f) exempting from the application of this Part and the regulations or any provision thereof, on such terms and conditions as may be specified in the regulations, the sale or importation of controlled products in such quantities or concentrations, in such circumstances, at such places, premises or facilities, for such purposes or in such containers as are specified in the regulations;

(g) prescribing the manner of determining any quantities or concentrations of controlled products exempted pursuant to any regulation made under paragraph (f);

(h) prescribing circumstances in which, for the purposes of paragraphs 13(a) and 14(a), a material safety data sheet may disclose, in lieu of the concentration of an ingredient of a controlled product, a range of concentration within which the concentration falls and prescribing the range of concentration that shall be disclosed on the material safety data sheet in such circumstances;

(i) defining the expressions “bulk shipment”, “hazardous waste” and “work place” for the purposes of this Part;

(j) requiring any supplier who sells or imports a controlled product intended for use in a work place in Canada to provide, as soon as is practicable in the circumstances, any information referred to in paragraph 13(a) that is in the supplier’s possession to any physician or other medical professional specified in the regulations who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency;

(k) requiring any physician or medical professional to whom information is provided by a supplier pursuant to any regulation made under paragraph (j) to keep confidential any information specified by the supplier as being confidential, except for the purpose for which it is provided;

(l) subject to the Hazardous Materials Information Review Act, requiring any supplier who sells or imports a controlled product intended for use in a work place in Canada to identify, as soon as is practicable in the circumstances, on request of any person within a class of persons specified in the regulations, the source of information for any toxicological data used in the preparation of any material safety data sheet that has been transmitted to any person by the supplier pursuant to paragraph 13(a) or has been obtained or prepared by the supplier pursuant to paragraph 14(a);

(m) prescribing any other matter or thing that by this Part is to be or may be prescribed; and

(n) generally for carrying out the purposes and provisions of this Part.

(2) For greater certainty, a regulation made pursuant to paragraph (1)(a) may describe a product, material or substance specified thereby to be included in a class listed in Schedule II by reference to any properties or characteristics of the product, material or substance or by reference to any other criteria and any product, material or substance that has those properties or characteristics or meets those criteria shall, for the purposes of this Act, be deemed to have been included in that class by the regulation.

(3) A regulation made pursuant to subsection (1) incorporating a law, standard or specification by reference may incorporate that law, standard or specification as amended from time to time.

R.S., 1985, c. H-3, s. 15; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1999, c. 31, s. 129.

16. Where, pursuant to the Hazardous Materials Information Review Act, a supplier is exempt from disclosing on a material safety data sheet or label the chemical identity of a controlled product or the chemical identity of any ingredient of a controlled product, the supplier shall disclose on the material safety data sheet or label the generic chemical identity of the controlled product or ingredient with as much precision as is consistent with the exemption.

R.S., 1985, c. H-3, s. 16; R.S., 1985, c. 24 (3rd Supp.), s. 1.

16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

(2) The Minister may make an interim order in which any power referred to in sections 17 and 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(5) An interim order

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after it is made.

(6) For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.

2004, c. 15, s. 68.

17. (1) Subject to section 19, the Governor in Council may, by order,

(a) establish a list, to be known as the Ingredient Disclosure List, of products, materials and substances, any of which may be an ingredient of a controlled product; and

(b) specify, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance included in the list.

(2) Subject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure List

(a) by adding thereto any product, material or substance;

(b) by specifying, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance added thereto pursuant to paragraph (a); and

(c) by substituting a concentration for a concentration specified for any product, material or substance included therein.

(3) Subject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure List by deleting therefrom any product, material or substance, and the concentration specified for that product, material or substance, if the Governor in Council is satisfied that the inclusion of the product, material or substance in the Ingredient Disclosure List is no longer necessary.

(4) The Governor in Council shall, in making any order pursuant to subsection (1), (2) or (3), be guided by the health and safety criteria for ingredient disclosure established by the Minister after consultation by the Minister with the government of each province and with such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate.

R.S., 1985, c. H-3, s. 17; R.S., 1985, c. 24 (3rd Supp.), s. 1.

18. (1) Subject to section 19, the Governor in Council may, by order, amend Schedule II.

(2) The Minister shall cause a copy of each order made pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the order is made.

(3) If both Houses of Parliament resolve that an order or any part of an order made pursuant to subsection (1) should be revoked, the order or that part thereof is thereupon revoked.

R.S., 1985, c. H-3, s. 18; R.S., 1985, c. 24 (3rd Supp.), s. 1.

19. A regulation under subsection 15(1) or an order under section 17 or 18 may be made by the Governor in Council only on the recommendation of the Minister made after consultation by the Minister with the government of each province and with such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate.

R.S., 1985, c. H-3, s. 19; R.S., 1985, c. 24 (3rd Supp.), s. 1.

20. (1) Where the Minister has reason to believe that a product, material or substance is a product, material or substance that may be included in a class listed in Schedule II by a regulation made pursuant to paragraph 15(1)(a), the Minister may, by registered mail, send a written notice to any person who is engaged in the business of manufacturing, processing, importing, packaging or selling the product, material or substance requesting the disclosure of information relating to the formula, composition, chemical ingredients or hazardous properties of the product, material or substance and such other information as the Minister deems necessary for the purpose of determining whether the product, material or substance is or may be a danger to the health or safety of any person who may handle it in a work place or be exposed to it in a work place.

(2) Every person to whom a notice referred to in subsection (1) is sent shall disclose to the Minister, in the manner and within the period specified by the Minister in the notice, any information described in that subsection that is requested in the notice and is in the possession of the person.

(3) Subject to subsection (4), information received by the Minister from a person pursuant to subsection (1) is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except as may be necessary for the administration or enforcement of this section or for the purposes of section 15.

(4) The Minister shall not, when consulting with the government of a province or an organization of workers, organization of employers or organization of suppliers pursuant to section 19, for the purposes of section 15, disclose the name of any person from whom the Minister has received information pursuant to subsection (1) or any of such information that is specified, in writing, by the person as being confidential.

R.S., 1985, c. H-3, s. 20; R.S., 1985, c. 24 (3rd Supp.), s. 1.