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

HPA Section 4 - Prohibitions

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Prohibitions

4. (1) No person shall advertise, sell or import a prohibited product.

(2) No person shall advertise, sell or import a restricted product except as authorized by regulations made under section 5.

Interpretation / Discussion of Section 4

Section 4 defines what constitutes an offence. Refer to section 28 for the scope of the penalties.

An offence under section 4 consists of advertising, importing or selling

• a prohibited product set out in Part I of Schedule I of the Act; or
• a restricted product set out in Part II of Schedule I in a manner that does not accord with the Regulations.

It is not an offence to manufacture, possess or export a prohibited product or a restricted product.