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Frequently Asked Questions - (Faq)
FAQ "Jump Station"
Frequently Asked Questions - Overview:
The supplier issues to which these FAQs mainly relate are often addressed in greater detail in the Reference Manual. The Reference Manual provides a section-by-section interpretation of the HPA and the CPR which set out the WHMIS supplier MSDS and label requirements.
Queries relating to employer WHMIS requirements should be directed to the provincial, territorial or federal authority having jurisdiction.
Acronyms:
CPR - Controlled Products Regulations
F/P/T - federal, provincial, territorial
HPA - Hazardous Products Act
IDL- Ingredient Disclosure List
MSDS - material safety data sheet
OSH - occupational safety and health
WHMIS - Workplace Hazardous Materials Information System
Faq "jump Station"
| Keyword | Frequently Asked Question |
|---|---|
| what ? | What is WHMIS? |
| U.S. HazCom Standard ? | Do MSDSs and labels prepared in accordance with the U.S. Occupational Safety and Health Administration Hazard Communication Standard meet Canadian requirements? |
| language ? | What are the language requirements for WHMIS supplier MSDSs and labels? |
| pre-market approval ? | Do I need pre-market approval for WHMIS supplier MSDSs and labels? |
| DSL & NDSL ? |
Does WHMIS require the disclosure of information concerning the Domestic Substances List (DSL) and the Non-domestic Substances List (NDSL)? |
| restrictions ? | Does WHMIS limit or restrict the use of products in the workplace? |
| importation ? | May I import a controlled product for which a WHMIS supplier MSDS has not been prepared and a supplier label has not been applied? |
| symbols ? | Where can I get an electronic copy of the WHMIS hazard symbols? |
| training ? | Does Health Canada offer certified WHMIS training programs? |
| WHMIS logo ? | What is the policy on the use of the WHMIS logo? |
| copy of Acts & Regulations ? | Where can I obtain copies of the documents which set out the WHMIS supplier MSDS and label requirements; i.e., the Hazardous Products Act (HPA), the Controlled Products Regulations (CPR) and the Ingredients Disclosure List (IDL)? |
| Keyword | Frequently Asked Question |
|---|---|
| what ? | What products are subject to WHMIS supplier MSDS and label requirements? |
| how ? | How does a supplier know if a product is a WHMIS "controlled product"? |
| IDL ? | Is the Ingredient Disclosure List (IDL) a list of controlled products? |
| testing ? | Is a supplier required to test his/her product to determine if it is a WHMIS controlled product? |
| CEPA ? | Why can a substance that has been assessed as not toxic under the Canadian Environmental Protection Act (CEPA) fall within the toxicological criteria specified in the CPR? |
| carcinogenicity ? | If IARC and/or ACGIH have classified a chemical or class of chemicals as carcinogenic to humans and/or animals, what is the implication for a substance that has not been specifically assessed but shares a common element or functional group? |
| Keyword | Frequently Asked Question |
|---|---|
| content ? | What information must be disclosed on a WHMIS supplier label? |
| Spanish ? | May Spanish be used on the supplier label? |
| revisions ? | When must supplier labels be revised? |
| supplier identifier ? | If a controlled product is imported into Canada, must a Canadian "supplier identifier" be disclosed on the label? |
| classification ? | Must the "WHMIS" classification be disclosed on the label? |
| Keyword | Frequently Asked Question |
|---|---|
| supplier identifier ? | If a controlled product is imported into Canada, must a Canadian "supplier identifier" be disclosed on the MSDS? |
| Internet ? | If a supplier's MSDSs are available through the Internet, does this satisfy the HPA requirement to "transmit" a MSDS? |
| ingredient disclosure ? | Which ingredients of a controlled product are subject to disclosure? |
| trade secret ? | What recourse does a supplier have if the supplier considers an ingredient that is subject to disclosure to constitute proprietary information? |
| format ? | Which MSDS formats are acceptable in Canada? |
| revisions ? | When must a supplier revise an MSDS? |
| repeat sales ? | After the initial sale, is a supplier required to forward a MSDS in respect of each subsequent sale of the same controlled product to the same customer? |
| classification ? | Must the "WHMIS" classification be disclosed on the MSDS? |
| symbols ? | Must the "WHMIS" hazard symbols be depicted on the MSDS? |
Application / General Issues
Q. What is WHMIS?
A. WHMIS is Canada's national hazard communication system. Its prime objective is to provide relevant safety and health information to Canadian workers so that they can take the necessary precautions to avoid injury, illness and premature death. The key elements of WHMIS are cautionary labelling, MSDSs and worker education and training programs. WHMIS ensures that employers have adequate information about hazardous materials being used in the workplace so that they can meet their legal obligations under F/P/T OSH legislation to provide a safe workplace. WHMIS addresses both the workers' right-to-know the identity and hazards of workplace chemicals and the need for industry to protect confidential business information.
Q. Do MSDSs and labels prepared in accordance with the U.S. Occupational Safety and Health Administration Hazard Communication Standard (HCS) meet Canadian requirements?
A. No. The WHMIS supplier MSDS and label requirements are more prescriptive than those set out under the HCS.
The categories of information which must be addressed on a MSDS are set out in section 12 and Schedule I to the CPR. However, in recognition of other regulatory programs, with certain caveats, Canada does accept the International Labour Organization 16-heading MSDS format.
The information, including hazard symbols, which must be disclosed on a WHMIS supplier label are prescribed in section 19 of the CPR. The information must be disclosed in both English and French and must be enclosed within a "hatched" border as depicted in Schedule III to the CPR.
Q. What are the language requirements for WHMIS supplier MSDSs and labels?
A. A supplier must provide a MSDS in the official language or languages requested by the purchaser or, when no preference is stated, in the language used in the course of the business transaction. Suppliers must have prepared MSDSs in both English and French by the time they begin selling the product in Canada.
Label information prescribed by the CPR must be in both English and French. It is acceptable to have both English and French information within one WHMIS border or to have the English and French information within two separate WHMIS borders. However, if the second option is used, hazard symbols must be disclosed on both the English and the French labels. See section 24 of the CPR.
Q. Do I need pre-market approval for WHMIS supplier MSDSs and labels?
A. No. There is no pre-market approval mechanism under WHMIS. Health Canada does not accept supplier MSDSs nor labels for the purpose of issuing "approvals". The preparation of MSDSs and labels is the responsibility of the supplier and/or importer of the controlled product.
Q. Does WHMIS require the disclosure of information in relation to the Domestic Substances List (DSL) and the Non-domestic Substances List (NDSL)?
A. No. Both the DSL and NDSL are administered by Environment Canada pursuant to the New Substances Notification Regulations (July 1994) under the authority of the Canadian Environment Protection Act (CEPA). For further information on the DSL and NDSL, please visit Environment Canada's web site; (accessible from the "Other Regulatory Programs" page).
Q. Does WHMIS limit or restrict the use of products in the workplace?
A. No. WHMIS is a hazard communication system. Neither the WHMIS requirements established under Part II of the HPA nor CPR restrict nor otherwise limit the use of any materials in the workplace. Non-WHMIS OSH requirements place an onus on employers to protect their workers from all manner of health and safety hazards. It is also the OSH agencies which set occupational exposure limits.
Q. May I import a controlled product for which a WHMIS supplier MSDS has not been prepared and a supplier label has not been applied?
A. Yes; however, such importation is subject to the conditions specified in section 23 of the CPR. Under this exemption, prior to or on the date of importation into Canada of any controlled product that is to be labelled or repackaged in Canada, the importer must provide an inspector located in each province into which the product is imported with a notice which includes the information set out in subparagraphs 23(1)(a)(i) to (iv) of the CPR. This notice will suffice for a period of three years for the importation of products listed in the notice that are labelled or repackaged at the premises indicated in the notice. When a controlled product is imported pursuant to this exemption, it must be brought into compliance with the HPA and CPR prior to being used or sold in Canada.
Q. Where can I get an electronic copy of the WHMIS symbols?
A. Health Canada provides downloadable high resolution files of the hazard symbols.
Q. Does Health Canada offer certified WHMIS training programs?
A. No. The training of employees in WHMIS is the responsibility of employers. This requirement is administered by the F/P/T agencies responsible for OSH legislation. For information on employer obligations for worker education and training programs, please contact the OSH agency for your jurisdiction.
Q. What is the policy on the use of the WHMIS logo?
A. The logo is intended to be used widely and as fully as possible by any users or supporters of WHMIS to identify informational, promotional or educational material related to this national program. The logo is not intended to be used on supplier labels, nor is the logo intended to be placed on MSDSs produced by suppliers of hazardous materials. It is not intended to be used as or to be perceived as a stamp of government approval of any WHMIS-related materials produced by individuals, groups, associations or firms. It is not acceptable to use the logo in any way which would suggest government endorsement of a product or service.
Q. Where can I obtain copies of the documents which set out the WHMIS supplier MSDS and label requirements; (i.e., the Hazardous Products Act (HPA), the Controlled Products Regulations (CPR) and the Ingredients Disclosure List (IDL)?
A. Health Canada Web Site: unofficial versions of the HPA, and CPR have been incorporated into the WHMIS Reference Manual.
OR
Justice Canada Web Site: unofficial versions of the HPA, CPR and IDL are available from 
Justice Canada.
OR
To order printed copies of the Canada Gazette, please contact:
Government of Canada Publications
Email: publications@pwgsc-tpsgc.gc.ca
Telephone: 613-941-5995
Toll-free: 1-800-635-7943
The following are the titles of federal WHMIS legislation with their corresponding purchase order numbers.
Chapter 24 - 3rd Supplement of the revised Statutes of Canada 1985 YX-55-1985-III-C-24 (which contains the amended Hazardous Products Act, the Hazardous Materials Information Review Act and amendments to the Canada Labour Code - Part IV)
SOR number 88-66 Controlled Products Regulations (containing requirements which specify the form and content of supplier labels, the types and arrangement of information on material safety data sheets, conditions of exemption and the details of the criteria that define a controlled product)
SOR number 88-555 Controlled Products Regulations, amendment number 1 (clarifies the definition of "outer container" where the outer container is the only container; clarifies the exemption from applying the WHMIS label border for a laboratory supply house product; clarifies the requirement to disclose the registry number assigned to a claim under the Hazardous Materials Information Review Act.)
SOR number 89-150 Controlled Products Regulations, amendment number 2 (This amendment clarifies the application of WHMIS with regard to controlled products that are or contain a flavour or a fragrance; prescribes information disclosure requirements for such products; and provides a limited transitional exemption from disclosing precise chemical identities and concentrations of fragrance and flavour ingredients.)
SOR number 97-543 Controlled Products Regulations, amendment number 3 (This amendment corrects and updates certain sections of the Food and Drug Regulations, the Medical Devices Regulations as well as the WHMIS Controlled Products Regulations. These corrections consist of clarifications, additions, deletions, corrections of typographical and spelling errors, and other inconsistencies inadvertently introduced in these Regulations.)
SOR number 2001-254 Controlled Products Regulations, amendment number 4 (This amendment provides special rules for the labelling of, and small quantity exemptions for, non-radioactive, hazardous carrier materials in radioactive mixtures.)
SOR number 88-64 Ingredient Disclosure List (IDL) (which contains the names of substances and corresponding concentration cut-offs related to ingredient disclosure on material safety data sheets for controlled products which are mixtures.)
Classification Related Faqs
Q. What products are subject to WHMIS supplier MSDS and label requirements?
A. Unless excluded under section 12 of the HPA, products which fall within any of the following hazard classes are subject to WHMIS supplier MSDS and label requirements if they are sold or imported for use in a workplace:
Compressed Gas;
Flammable and Combustive Material;
Oxidizing material;
Poisonous and Infectious Material;
Corrosive material; and
Dangerously Reactive Material
Q. How does a supplier know if a product is a WHMIS "controlled product"?
A. A product, material or substance which falls within any of the hazard criteria set out in sections 33 to 65 of the CPR is a "controlled product" and, unless excluded under section 12 of the HPA, is subject to the supplier MSDS and label requirements of the HPA if the controlled product is sold or imported for use in a Canadian workplace. It is the responsibility of the party marketing the product in Canada or the Canadian importer to assess the product against the classification criteria of the CPR.
Section 12 of the HPA excludes certain product categories from the federal WHMIS requirement to apply a supplier label and to transmit a MSDS. These categories are : food; drugs; cosmetics; medical devices; pesticides; explosives; radioactive materials (except controlled product carrier materials in radionuclide mixtures); consumer "restricted" products; wood and products made of wood; tobacco and products made of tobacco; manufactured articles; and hazardous waste.
Q. Is the Ingredient Disclosure List (IDL) a list of controlled products?
A. No. The IDL is a list of substances which, if present in a WHMIS controlled product, must be disclosed on the MSDS if present at or above the specified "cut-off" concentration; (either 1.0% or 0.1%). Ingredient disclosure is not limited to substances which appear on the IDL. Substances included on the IDL are one of several categories of ingredients which must be disclosed on the MSDS if present in a controlled product. The criteria for ingredient disclosure is set out in subparagraphs 13(a)(i) to (iv) of the HPA.
Q. Is a supplier required to test his/her product to determine if it is a WHMIS controlled product?
A. No. WHMIS is based on available information and neither the HPA nor CPR require testing.
Q. Why can a substance that has been assessed as not toxic under the Canadian Environmental Protection Act (CEPA) fall within the toxicological criteria specified in the CPR?
A. Under CEPA, 1999 a determination may be made that a substance is or is not "toxic", as defined under section 64 of the Act, which states, in part: "...a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that
(a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;
(b) constitute or may constitute a danger to the environment on which life depends; or
(c) constitute or may constitute a danger in Canada to human life or health."
A determination of "toxic" under CEPA, 1999, is based upon an assessment of potential risks to the environment and/or to human health associated with exposures in the general environment. For humans, this involves exposures from ambient and indoor air, drinking water, foodstuffs and the use of consumer products. A risk assessment under CEPA is not relevant to nor does it preclude an assessment against the hazard criteria specified in the CPR for products intended for workplace use.
Q. If IARC and/or ACGIH have classified a chemical or class of chemicals as carcinogenic to humans and/or animals, what is the implication for a substance that has not been specifically assessed but shares a common element or functional group?
A. In general, if an IARC monograph does not specifically address a chemical or group of chemicals, the results of the assessment described in the monograph may not apply. The chemical or group of chemicals would not necessarily, as a consequence of the chemical or group of chemicals sharing a common element or functional group with a substance that has been assessed, fall within the criteria specified in paragraph 54(b) of the CPR.
Similarly if a chemical or a group of chemicals is not specifically encompassed under ACGIH A1, A2 nor A3, the chemical or group of chemicals would not, as a consequence of the chemical or group of chemicals sharing a common element or functional group with a substance that has been assessed, necessarily fall within the criteria specified in paragraph 54(a) of the CPR.
Note: Consistent with section 33 of the CPR, the fact that a product or a group of products was not specifically addressed in the IARC monograph nor classified under group A1, A2, or A3 by the ACGIH does not relieve the supplier or importer of his / her obligation to consider other evidence that carcinogenic (or other health effects) may result from exposure to the substance(s).
Label Related Faqs
Q. What information must be disclosed on a WHMIS supplier label?
A. Subject to specified exemptions, as set out in section 19 of the CPR, the following information must be disclosed on a WHMIS supplier label: the product identifier; the supplier identifier; a statement to the effect that a MSDS is available; the hazard symbol(s) depicted in Schedule II to the CPR; and where the container has a capacity of more than 100 millilitres, risk phrases, precautionary statements and first aid measures. This information must be enclosed within the WHMIS "hatched" border depicted in Schedule III to the CPR.
Q. May Spanish be used on the supplier label?
A. Yes. Spanish may be used within the WHMIS supplier label border in addition to the required English and French languages.
Q. When must supplier labels be revised?
A. As required by section 29 of the CPR, where new information becomes available in respect of a controlled product or an ingredient of a controlled product, the supplier must revise the label. A supplier is not obliged to send updated labels to previous customers in the absence of subsequent sales.
Q. If a controlled product is imported into Canada, must a Canadian "supplier identifier" be disclosed on the label?
A. No. The term "supplier" is defined in section 11 of the HPA and includes "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". The "supplier identifier" (a term which is defined in section 2 of the CPR to mean "the name of the supplier of the controlled product") must be disclosed on the label.
Q. Must the "WHMIS" classification be disclosed on the label?
A. No, disclosure of the "WHMIS" classification is not required on the label. However, if it is company policy to voluntarily disclose this information, then all classifications must be disclosed. If it is company policy to disclose Class B and Class D Divisions and, in the case of Class D, the Subdivisions, then all Divisions and Subdivisions must be disclosed. (Please also refer to the discussion of section 43 of the CPR in the Reference Manual for information relating to "Redundancy of multiple classifications within WHMIS Class D".)
Material Safety Data Sheet Related Faqs
Q. If a controlled product is imported into Canada, must a Canadian "supplier identifier" be disclosed on the MSDS?
A. No. The term "supplier" is defined in section 11 of the HPA and includes "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". The "supplier identifier" (a term which is defined in section 2 of the CPR to mean "the name of the supplier of the controlled product") as well as the name of the manufacturer must be disclosed on the MSDS.
Q. If a supplier's MSDSs are available through the Internet, does this satisfy the HPA requirement to "transmit" a MSDS?
A. As section 13 of the HPA requires a positive action by the transmitter to convey the transmitted document to the recipient, making a MSDS available on the Internet without ensuring that the purchaser is able to access this information does not absolve a supplier of the legal requirement to "transmit" a MSDS as a condition of sale. The use of the Internet to transmit an MSDS would be acceptable if the supplier is able to demonstrate the following:
a) the purchaser has downloaded the complete and correct MSDS, i.e., one that contains all of the required information;
b) the downloading is done at the time of the sale of the controlled product; and
c) the downloaded file is readable.
Satisfaction, on the part of the supplier, may be provided through written confirmation, provided to the supplier from the purchaser, specifying that the above conditions have been met.
Q. Which ingredients of a controlled product are subject to disclosure?
A. As set out in section 13 of the HPA, the following categories of ingredients must be disclosed on an MSDS:
- those that are controlled products themselves;
- those that appear on the Ingredient Disclosure List and are present at or above the specified concentrations;
- those that the supplier has reason to believe may be harmful to workers; and
- those for which toxicological data are not available.
Q. What recourse does a supplier have if the supplier considers an ingredient that is subject to disclosure to constitute proprietary information?
A. Ingredient disclosure is subject to the provisions of the Hazardous Materials Information Review Act. The WHMIS trade secret mechanism established through this Act is administered by the Hazardous Materials Information Review Commission.
Q. Which MSDS formats are acceptable in Canada?
A. As reflected in Schedule I to the CPR, Canada had adopted a 9 heading system. However, as an administrative policy, Canada accepts MSDSs for controlled products which adhere to the International Labour Organization (ILO) 16-heading format provided that all 16 headings are disclosed (in the sequence specified) and that the information required by the CPR is addressed. The ILO headings have been adopted by such bodies as ANSI, ISO, EC and the GHS. When using the 16-heading format, the following statement should appear under the heading "Regulatory Information": "This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations and the MSDS contains all of the information required by the Controlled Products Regulations."
Q. When must a supplier revise an MSDS?
A. As specified in section 29 of the CPR, where new information becomes available for a controlled product or an ingredient in that product, the supplier must revise the MSDS and the date thereof. Such revisions must be made prior to sales of the product subsequent to the new information becoming available. A supplier is not obliged to send a revised MSDS to a previous customer in the absence of a subsequent sale to that customer.
Suppliers are prohibited from supplying MSDSs that have a MSDS preparation date exceeding three years (3 X 365 days) prior to the sale or importation of a controlled product. Thus, if a supplier has not changed any information on his/her MSDS for three years, he/she must review that information to ensure that it is still accurate and that there is no new available and applicable information that should be disclosed. Whether or not there is new information, the MSDS must be revised so that the date of preparation reflects the date the information was reviewed.
Q. After the initial sale, is a supplier required to forward a MSDS for each subsequent sale of the same controlled product to the same customer?
A. No. If an MSDS for a controlled product has already been transmitted to a customer on or prior to the date of sale, a supplier is not required to transmit an MSDS in respect of each subsequent sale of that product to that customer.
Q. Must the "WHMIS" classification be disclosed on the MSDS?
A.No, disclosure of the "WHMIS" classification is not required on the MSDS. However, if it is company policy to voluntarily disclose this information, then all classifications must be disclosed. If it is company policy to disclose Class B and Class D Divisions and, in the case of Class D, the Subdivisions, then all Divisions and Subdivisions must be disclosed. (Please also refer to the discussion of section 43 of the CPR for information relating to "Redundancy of multiple classifications within WHMIS Class D".)
Q. Must the "WHMIS" hazard symbols be depicted on the MSDS?
A. No. However, if it is company policy to depict the hazard symbols on the MSDS then, subject to the exemption provided for in subsection 19(5) of the CPR, all of the hazard symbols corresponding to the Classes into which the product falls must be depicted on the MSDS.
