SCHEDULE: DEVICES TO BE REPORTED TO THE BUREAU OF RADIATION AND MEDICAL DEVICES

10.27 Every container of a hazardous substance, other than a controlled product, that is stored, handled, used or disposed of in the work place shall be labelled in a manner that discloses clearly

10.28 Where a material safety data sheet in respect of a hazardous substance, other than a controlled product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

(b) keep a copy of the material safety data sheet readily available in the work place for examination by employees.

10.29 In this Division,

“bulk shipment” means a shipment of a controlled product that is contained, without an intermediate container or intermediate packaging, in

“fugitive emission” means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product; (émission fugitive)

“hazardous waste” means a controlled product that is intended solely for disposal or is sold for recycling or recovery; (résidu dangereux)

“laboratory sample”, in respect of a controlled product, means a sample of the controlled product that is intended solely to be tested in a laboratory, but does not include a controlled product that is to be used

“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; (article manufacturé)

“research and development”, in respect of a controlled product, means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of controlled products, and includes

(a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and

(b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or controlled products; (recherche et développement)

“risk phrase”, in respect of a controlled product, means a statement identifying a hazard that may arise from the exposure to the controlled product; (mention de risque)

“supplier label”, in respect of a controlled product, means a label prepared by a supplier pursuant to the Hazardous Products Act; (étiquette du fournisseur)

“supplier material safety data sheet”, in respect of a controlled product, means a material safety data sheet prepared by a supplier pursuant to the Hazardous Products Act; (fiche signalétique du fournisseur)

“work place label”, in respect of a controlled product, means a label prepared by an employer pursuant to this Division; (étiquette du lieu de travail)

“work place material safety data sheet”, in respect of a controlled product, means a material safety data sheet prepared by an employer pursuant to subsection 10.33(1) or (2). (fiche signalétique du lieu de travail)

10.30 (1) This Division does not apply in respect of any

(2) This Division, other than section 10.43, does not apply in respect of hazardous waste.

10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a controlled product and may, in so doing, replace the generic name of the substance with the product identifier, where the controlled product is a controlled product that

(ii) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act,

(iii) a control product within the meaning of section 2 of the Pest Control Products Act,

(iv) a nuclear substance, within the meaning of section 2 of the Nuclear Safety and Control Act, that is radioactive, and

(v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

(2) An employer may store a controlled product received from a supplier without having a supplier label on it, without having obtained a material safety data sheet for it and without having conducted a program of employee education with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

(a) while the employer is actively seeking a supplier label and a supplier material safety data sheet for the controlled product; and

(b) if labelling affixed to the container of the controlled product containing information on the controlled product is not removed, defaced, modified or altered.

10.32 (1) Where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a supplier material safety data sheet in respect of the controlled product, unless the employer is in possession of a supplier material safety data sheet that

(b) discloses information that is current at the time that the controlled product is received; and

(2) Where there is a controlled product in a work place and the supplier material safety data sheet in respect of the controlled product is three years old or more, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

(3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet, the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed on that supplier material safety data sheet.

(4) Where a controlled product is received in a work place that is a laboratory, from a supplier who is exempted by the Controlled Products Regulations from the requirement to provide a material safety data sheet for that product, the employer is exempt from the requirements of subsection (1) if the controlled product

10.33 (1) Subject to section 10.42, where an employer produces a controlled product, other than a fugitive emission, in the work place or imports into Canada a controlled product and brings it into the work place, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

(2) Subject to section 10.42, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used in the work place in place of the supplier material safety data sheet if

(a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

(b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

(d) the work place material safety data sheet discloses that the supplier material safety data sheet is available in the work place.

(3) Where an employer produces, in a work place that is a laboratory supply house, or imports into Canada and brings it into such a work place, a controlled product that is intended for use in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer

(a) packages the controlled product in containers in quantities of less than 10 kg per container; and

(b) subject to section 10.42, discloses on the label of the container of the controlled product the information required to be disclosed by

(4) The employer shall update a work place material safety data sheet referred to in subsection (1) or (2) or a label referred to in paragraph (3)(b)

(a) as soon as practicable but not later than 90 days after new hazard information becomes available to the employer; and

(5) Where the information required to be disclosed by this section is not available or not applicable to the controlled product, the employer shall replace the information with the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the work place material safety data sheet.

10.34 (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 10.32(4), shall keep readily available for examination by employees and by the work place committee or the health and safety representative in any work place in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

(a) in the case of an employer who is an employer referred to in subsection 10.33(1) or (2), the work place material safety data sheet; and

(2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may keep a computerized version of the material safety data sheet available in English and in French, for examination by employees and by the work place committee or the health and safety representative, by means of a computer terminal, if the employer

(b) provides the instruction and training referred to in paragraph 10.14(2)(d) to one or more employees on each shift and to all members of the work place committee or the health and safety representative; and

(c) on the request of an employee, the work place committee or the health and safety representative, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.

10.35 (1) Subject to sections 10.37 to 10.39, each controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), in a work place and each container in which the controlled product is contained in a work place shall, if the controlled product or the container is received from a supplier,

(a) in the case where the controlled product is in a bulk shipment, be accompanied by a supplier label;

(b) in the case where the employer has undertaken in writing to apply a label to the inner container of the controlled product, have applied to it a supplier label, as soon as possible after the controlled product is received from the supplier; and

(2) Subject to sections 10.37 to 10.39 and 10.42, where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the controlled product in the work place in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 10.41(a) to (c).

(3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to

10.36 (1) Subject to sections 10.37 to 10.39, where an employer produces a controlled product in a work place, other than a fugitive emission, or imports into Canada and brings into a work place, a controlled product, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:

(c) a statement indicating that a work place material safety data sheet for the controlled product is available in the work place.

(2) Subject to sections 10.37 and 10.39, where an employer produces a controlled product in the work place, other than a fugitive emission, or imports into Canada and brings into the work place a controlled product, and places the controlled product in a container, the employer shall apply to the container a work place label that discloses the information referred to in paragraphs (1)(a) to (c).

(a) intended for export, if the information referred to in paragraphs (1)(a) to (c) is disclosed on a sign posted in a conspicuous place in the work place; or

(b) packaged in a container and offered for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.

10.37 Where an employer stores a controlled product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container is exempted from the labelling requirements under section 10.35 or 10.36 if

(i) it is under the control of and used exclusively by the employee who filled the portable container,

(ii) it is used only during the work shift in which the portable container was filled, and

(iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.

10.38 An employer shall, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled product is

10.39 (1) Subject to subsection (2), the label of the container of a controlled product in a laboratory shall disclose

(a) where the controlled product is used exclusively in the laboratory, the product identifier;

(b) where the controlled product is a mixture or substance intended solely for analysis, testing or evaluation for research and development, the product identifier; and

(c) where the controlled product originates from a laboratory supply house and is received in a container in a quantity of less than 10 kg, the following information:

(ii) where a material safety data sheet is available, a statement to that effect,

(iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and

(v) where appropriate, first aid measures to be taken in case of exposure to the controlled product.

(2) No supplier label is required on a sample of a product received from a supplier that is, or the employer has reason to believe may be, a controlled product, if

(ii) intended by the employer for use solely for analysis, testing or evaluation in a laboratory, and

(iii) one in respect of which the supplier is exempted by section 9 of the Controlled Products Regulations from the requirement to provide a material safety data sheet; and

(b) the supplier provides a label that is to be affixed to the container of the controlled product disclosing the information described in subsection (3).

(3) A label referred to in paragraph (2)(b) shall disclose, in respect of the controlled product,

(b) the chemical identity or generic chemical identity of every ingredient of the controlled product referred to in any of subparagraphs 13(a)(i) to (iv) of the Hazardous Products Act, if known to the supplier;

(d) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency call (number disclosed pursuant to paragraph (e))/Échantillon pour laboratoire d’un produit dangereux. Pour obtenir des renseignements sur les risques ou en cas d’urgence, composer (le numéro indiqué conformément à l’alinéa e))”; and

(i) a user of the controlled product to obtain the hazard information in respect of the controlled product, and

(ii) a medical professional to obtain the information in respect of the controlled product that is referred to in paragraph 13(a) of the Hazardous Products Act.

(4) Where a controlled product is in a container other than the container in which it was received from a supplier, or is produced in the work place, the employer is exempt from the requirements of section 10.36 and subparagraph 10.37(b)(iii) if

(ii) is intended by the employer solely for analysis, testing or evaluation in a laboratory, and

(iii) is clearly identified through any mode of identification visible to employees at the work place.

(5) For the purposes of paragraph (4)(a), the employer shall ensure that the mode of identification used and the employee education enable the employees to readily identify and obtain either the information required on a material safety data sheet or the information referred to in subsection (3) with respect to the controlled product or laboratory sample.

10.40 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees.

10.41 Where, in a work place, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information in respect of the controlled product:

10.42 (1) Subject to subsection (2), where an employer has filed a claim for exemption from disclosure of information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

(a) where there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was registered and the registry number assigned to the claim under that Act; and

(b) where the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) Where a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that name with a code name or code number specified by the employer as the product identifier for that controlled product.

10.43 Where a controlled product in a work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the controlled product by

(b) posting a sign in a conspicuous place near the hazardous waste or its container.

10.44 For the purposes of subsection 125.2(1) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province.

10.45 (1) [Repealed, SOR/98-427, s. 9]

(2) For the purpose of interpreting the standards referred to in sections 10.46 to 10.49,

(b) “dangerous goods” means “controlled products” used in these Regulations; and

(i) “flammable liquids” means “flammable liquids” used in these Regulations,

(ii) “combustible liquids” means “combustible liquids” used in these Regulations,

(iii) “compressed gases” means “compressed gases” used in these Regulations,

(iv) “reactive substances” means “reactive flammable materials” used in these Regulations,

(v) “aerosol products” means “flammable aerosols” used in these Regulations,

(vi) “poisonous and infectious substances” means “poisonous and infectious materials” used in these Regulations,

(vii) “corrosive substances”" means “corrosive materials” used in these Regulations, and

(viii) “oxidizing substances” means “oxidizing materials” used in these Regulations.

10.46 Controlled products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code.

10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code.

10.48 The provisions of Part 3 of the National Fire Code apply as follows:

(a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5;

(b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4;

(c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4;

(d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and

(e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4.

10.49 The provisions of Part 4 of the National Fire Code apply as follows:

(a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6;

(b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6;

(c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8;

(d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, required by subsection 4.1.6;

(e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d);

(f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3;

(g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10;

(h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11;

(i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4);

(j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and

(k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2.