Application

• Introduction
• Application
• Objectives
• Mission & Vision
• Guiding Principles

Introduction:

The Workplace Hazardous Materials Information System (WHMIS), implemented in 1988, is a national system to provide information on hazardous materials used in the workplace recognizing the interests of workers, employers, suppliers and regulators balancing workers' right-to-know with industry's right to protect confidential business information.

The key elements of the system are the provision of material safety data sheets (MSDSs), labelling of containers of hazardous materials and provision of worker education programs. WHMIS also includes a mechanism for ruling on claims for exemption from disclosure of confidential business information on MSDSs and labels as well as appeals to these rulings.

WHMIS is implemented through coordinated federal and provincial legislation. The Hazardous Products Act and the Controlled Products Regulations require suppliers of hazardous materials to provide MSDSs and label products as a conditions of sale and importation. Federal and provincial occupational safety and health legislation requires employers to provide labels, MSDSs and worker education programs in the workplace. The Hazardous Materials Information Review Act establishes a Commission to rule on claims and appeals related to exemptions from the disclosure of confidential business information.

Application:

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, unless exempt under Section 12 of the Hazardous Products Act (HPA), is subject to the MSDS and labelling requirements of the HPA.

Section 13 of the Hazardous Products Act (HPA) places a legal requirement on the Canadian supplier of a WHMIS controlled product "intended for use in a work place in Canada" to transmit a 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 a MSDS and to ensure that the requisite label is applied as a condition of importation.

Section 23 of the CPR sets out the requirements for an imported controlled product that is to be labelled or repackaged in Canada. The Canadian importer who imports a controlled product in accordance with subsection 23(1) of the CPR must obtain or prepare a MSDS before the controlled product is used or sold in Canada. An importer who imports a controlled product in accordance with subsection 23((1) must also apply a label to the controlled product or to the container in which the controlled product is packaged:

1. where the controlled product is delivered to the address of the importer for his use or for sale, before the controlled product is used or sold; and
2. where the controlled product is imported to the address of the person to whom the importer has sold the controlled product, before the controlled product is used by that person

Pre-market approval is not required for WHMIS controlled products.

Objectives:

The objective of WHMIS is to ensure the protection of Canadian workers from the adverse effects of hazardous materials through the provision of relevant information while minimizing the economic impact on industry and the disruption of trade; (reference: Regulatory Impact Analysis Statement, Canada Gazette Part II, Vol. 122, No. 2; January 20, 1988).

The primary objective of this web site is to facilitate compliance with the requirements of the HPA and CPR prior to the marketing of WHMIS "controlled products" in Canada. We welcome any comments you may have to improve this site.

Our Mission And Vision:

Our mission is to prevent death, illness and injury related to workplace chemicals through the communication of relevant information. Our vision is a Canada where workplace chemicals are used safely.

Guiding Principles:

As set out in the Government of Canada Regulatory Policy, it is our objective to ensure that use of the Canadian Government's regulatory powers result in the greatest net benefit to Canadian society.

Canadians view health, safety, the quality of the environment, and economic and social well-being as important concerns. The government's regulatory activity in these areas is part of its responsibility to serve the public interest.

Ensuring that the public's money is spent wisely is also in the public interest. The government will weigh the benefits of alternatives to regulation, and of alternative regulations, against their cost, and focus resources where they can do the most good.

The Canadian Government is therefore committed to working in partnership with industry, organized labour, other governments, professional organizations, interest groups, and interested individuals.