Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

CPR Section 23 - Exemption (in respect of importation)

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Part III General Exemption

23.(1) The importation of a controlled product that is to be labelled or repackaged in Canada is exempt from the application of section 14 of the Act in respect of the requirements to obtain or prepare a material safety data sheet with respect to the controlled product and to have a label applied to the controlled product or container in which the controlled product is packaged on the following conditions:

1. subject to subsection (2), the supplier provides to an inspector in each province into which the controlled product is imported, on or before the date of importation, a statement indicating
   
   1. that he intends to import the controlled product,
   2. the nature of the controlled product to be imported,
   3. the address of the premises in the province at which the controlled product is to be labelled or repackaged, and
   4. the provinces into which the controlled product is to be imported; and
      
2. the supplier, if so requested by an inspector in a province into which the controlled product is imported, provides to the inspector
   
   1. a sample of the controlled product on or before the date of importation,
   2. the proposed dates and places of importation, and
   3. the approximate quantity of the controlled product to be imported.

(2) A statement provided in accordance with paragraph (1)(a) is valid in respect of the importation of that controlled product to those premises for a period not exceeding three years from the date the supplier provides the statement to the inspector.

(3) An importer who imports a controlled product in accordance with subsection (1) shall obtain or prepare a material safety data sheet in respect of the controlled product in accordance with the Act and these Regulations before the controlled product is used or sold.

(4) An importer who imports a controlled product in accordance with subsection (1) shall apply a label to the controlled product or to the container in which the controlled product is packaged in accordance with paragraph 14(b) of the Act

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.

(5) Paragraph (4)(b) does not apply where the person to whom the importer sold the controlled product undertakes in writing to apply a label to the controlled product or to the container in which the controlled product is sold in accordance with paragraph 13(b) of the Act.

Interpretation / Discussion of Section 23

A supplier may import a controlled product without labels or MSDSs under the circumstances specified in this section. Subsections 23(1) and (2) relate to obligations on the supplier (i.e., importer) on or before the importation of the product. Subsections 23(3), (4) and (5) relate to obligations on the supplier after importation of a product under this exemption, but prior to selling or using the product.

New Substances Notification: The Domestic Substances List (DSL) identifies substances that, for the purposes of the Canadian Environmental Protection Act, are not subject to the New Substances Notification Regulations. Substances that are not on the DSL are subject to notification and their potential for adverse environmental and human health effects must be assessed before they can be manufactured in, or imported into, Canada. A copy of the reporting guidelines may be obtained by contacting: Domestic Substances List Project, Commercial Chemicals Evaluation Branch, Environment Canada, 14th Floor, Place Vincent Massey, 351 St. Joseph Blvd., Hull, Québec, K1A 0H3; by facsimile at (819) 953-7155 or at the toll free number (1-800) 567-1999.

Subsections 23(1) and (2):

On the date of, or prior to, importation of any controlled product without MSDSs or labels, a supplier must provide an inspector with a notice which includes all of the information listed in subparagraphs 23(1)(a)(i) to (iv). This notice will be sufficient for importations of all products listed in the notice and that are labelled or repackaged at the premises listed in the notice for a period of three years.

The "nature of the product" means the product identifier and a general description of the product such as acid, base, biological hazard, flammable liquid, organic solvent.

The following example illustrates where notices must be sent and the minimum information that must be included in each notice:

Scenario: A supplier intends to import unlabelled controlled products to three centres located in Calgary, Edmonton and Montreal where they will be repackaged and labelled. What steps must the supplier take to comply with this section of the CPR?

Action required: The supplier must provide one notice to an Alberta inspector and one notice to a Quebec inspector. Both notices must state the information in subparagraphs (i) and (ii). The notice to the Alberta inspector must include the repackaging locations in Calgary and Edmonton and reference to the fact that he/she is also importing into Quebec. The notice to the Quebec inspector must include the address of the repackaging plant in Montreal and reference to the fact that he/she is also importing into Alberta.

The notification requirements could also be met for a three year period by preparing a list of all products imported and their nature and destinations and forwarding it to all provinces affected. If additional products are imported and/or new destinations are chosen, then supplementary notification to the provinces would be necessary.

An inspector in any province into which a controlled product is imported under this exemption may request from the supplier a sample of the product as per 23(1)(b)(i) or further importation details as per 23(1)(b)(i) and (ii). The importation details that may be requested are limited to details on products imported into the inspector's province.

Subsections 23(3), (4) and (5):

When a controlled product is imported under the exemption in subsection 23(1) and (2), it must be brought into compliance with WHMIS label and MSDS requirements prior to being used or sold in Canada.

Paragraph 23(4)(b) and subsection 23(5) recognize and allow for the situation where an importer in Canada imports a controlled product not labelled in accordance with WHMIS directly to a third party in Canada to whom he/she has sold the product. In this situation, the supplier (importer) must ensure that the product has WHMIS labels applied to it before the third party uses it. The supplier is relieved of this obligation only if he/she has a written statement from the third party that the product will be labelled by the third party prior to being used.