Ottawa – Some time back Health Canada published amendments to the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II, to align with the 7th revised edition, and certain provisions of the 8th revised edition, of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The amendments came into force on December 15, 2022.
- Canada Gazette, Part II, Volume 157, Number 1: Regulations Amending the Hazardous Products Regulations (GHS, Seventh Revised Edition)
- Canada Gazette, Part II, Volume 157, Number 1: Order Amending Schedule 2 to the Hazardous Products Act
Transition period
The regulatory amendments provide a 3-year transition period, ending on December 14, 2025.
The transition to the amended HPR is from the former HPR that were in effect immediately before the coming into force of the amendments.
The 3-year transition period gives suppliers, employers, and workers time to adjust to the changes, and helps ensure consistency across Canada through coordination and alignment between federal, provincial and territorial jurisdictions.
Compliance during transition period
During the 3-year transition period, regulated parties can choose to comply with either the former HPR or the amended HPR, but not a combination of both. The hazard classification and safety data sheet (and label, if applicable) of a hazardous product must be fully compliant with the version of the regulation chosen.
You should be ready to demonstrate which version of the HPR your product complies with upon request.
Benefits
The changes resulting from the amendments will better protect workers by requiring more comprehensive and detailed health and safety information on product labels and safety data sheets. This information will enable workers to better protect themselves against the hazards posed by products that they use and handle in their workplaces.
Adopting certain requirements of the 7th and 8th revised editions of the GHS in Canada will also have significant, positive trade benefits to suppliers because of the harmonized labelling and safety data sheet requirements for workplace hazardous products.
Finally, these amendments enable Canada to fulfill its international commitment under the Canada-United States Regulatory Cooperation Council Joint Forward Plan.
Key changes
Key changes resulting from the amendments include:
- improved clarity and precision for certain provisions
- new information elements required on safety data sheets
- adoption of a new physical hazard class (Chemicals Under Pressure)
- adoption of a new hazard category for non-flammable aerosols and new subcategories for flammable gases
The key changes are expanded upon in the table below.
| Theme | Topic | Former HPR | Amended HPR |
|---|---|---|---|
| Administrative updates | Transition period | 3 years plus 9 months from the Controlled Products Regulations (February 11, 2015 to November 30, 2018); rolled out in 3 phases (phase 1 for manufacturers and importers, phase 2 for distributors and phase 3 for employers) | 3-year general transition period for all stakeholders from the former HPR |
| Adoption of new hazard classes and categories | Hazard classes | List of hazard classes found in Schedule 2 to the Hazardous Products Act prior to amendments | Adoption of a new physical hazard class, Chemicals Under Pressure, in Schedule 2 to the Hazardous Products Act following amendments |
| Aerosols – new category | Flammable Aerosols hazard class includes 2 categories – Category 1 and Category 2 | Change of hazard class name to Aerosols and adoption of a new category: Aerosols – Category 3 (non-flammable aerosol products) | |
| Modification of classification criteria for certain hazard classes | Flammable Gases | Flammable Gases hazard class includes 2 categories – Category 1 and Category 2 | Adoption of subcategories for Flammable Gases for Category 1 |
| Pyrophoric gases | Pyrophoric Gases is a distinct physical hazard class from Flammable Gases | Repeal of the Pyrophoric Gases hazard class as the adoption of new subcategories for Flammable Gases include these gases under a subcategory of Flammable Gases – Category 1A | |
| Classification criteria for water-activated toxicants | For substances and mixtures that, as sold or imported, meet the criteria to be classified under Acute Toxicity (Inhalation) and are also water-activated toxicants, classification is based on which is the more severe hazard | For substances and mixtures that meet the criteria to be classified under Acute Toxicity (Inhalation) and are also water-activated toxicants, classification is based on the acute inhalation toxicity of the substance or mixture as sold or imported | |
| Health hazard classes that include both categories and subcategories | Some classification provisions provide criteria for the classification of mixtures in a category of the hazard class, but do not provide criteria for the classification of mixtures in a subcategory | Specification that mixtures may be classified in a subcategory when there are sufficient data available | |
| Classification criteria for Reproductive Toxicity – Category 2 | These criteria refer to human or animal data that show adverse effects | Correction to criteria to specify that adverse effects observed in humans or animals must not be considered as a secondary non-specific consequence of other toxic effects | |
| New information elements required on safety data sheets (SDSs) and/or labels | Hazard statement for Combustible Dust products | Hazard statement reads as follows: “May form combustible dust concentrations in air” | Amendment to provide a second option for the hazard statement: “May form explosible dust-air mixture” |
| Schedule 1 to the HPR (Information Elements on SDSs) | Physical and chemical properties of hazardous products required to be disclosed on SDSs are listed in item 9 of Schedule 1 | Amendment of item 9 of Schedule 1: Modification of information elements concerning physical and chemical properties of hazardous products | |
| Modification of information to be disclosed on an SDS and/or label | Subsections 4.4.1(3) and 4.5(3) of the HPR | Prescribed concentration ranges are allowed on SDSs if the actual concentration or actual concentration range of a hazardous ingredient is withheld as a trade secret | Amendment to allow for the use of narrower concentration ranges that fall within one of the prescribed concentration ranges |
| Subsection 3(2) of Schedule 1 to the HPR (Information Elements on SDSs) | Ingredient disclosure requirements for mixtures are specified in this subsection of Schedule 1 | Amendment to specify that all hazardous ingredients which are present in a mixture at concentrations above the relevant cut-off levels must be disclosed, regardless of whether the hazardous ingredient contributes to the classification of the mixture as a hazardous product | |
| Subsections 5.7(9), 5.7(10) and 5.7 (11) of the HPR | Exemptions that may be applied in situations where hazardous products are sold to an employer who has filed a confidential business information claim are set out in these subsections | Specification that provisions under subsections 5.7(9) and (10) apply to both SDSs and labels and specification that the provision under subsection 5.7(11) addresses information elements other than the product identifier and initial supplier identifier | |
| Other | Provisions concerning significant new data (section 5.12 of the HPR) | These provisions set out requirements for suppliers to provide, obtain or prepare a written document that includes the significant new data and the date on which they became available | Amendments to specify that, when a supplier is required to provide, obtain, or prepare a written document, it must include the changes to the SDS and/or label that are required as a result of the significant new data and the date on which the significant new data became available |
Exemptions for confidential business information
The amendments to the HPR do not alter the process for filing a claim for exemption from disclosure of confidential business information.
For the duration of the transition period, suppliers and employers making claims for exemption may file claims with safety data sheets (and labels, if applicable) complying with either the former HPR or the amended HPR.
If we select your exemption for in-depth compliance review, we may contact you to confirm which version of the HPR the SDS (and label, if applicable) of your product is compliant with.
Impact on federal, provincial and territorial jurisdictions
In the workplace, employer obligations for hazardous products are set out in federal (through the Canada Labour Code), provincial and territorial occupational health and safety legislation.
Contact the appropriate federal, provincial or territorial occupational health and safety regulatory agency for information on how its jurisdiction is handling the transition period.