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

HPA Section 11 - Interpretation

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Interpretation

11. (1) In this Part,

"bulk shipment" has the meaning assigned by regulation:

"container" includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank:

"hazard symbol" includes any design, mark, pictogram, sign, letter, word, number, abbreviation or any combination thereof that is to be displayed on a controlled product or container in which a controlled product is packaged in order to show the nature of the hazard of the controlled product;

"hazardous waste" has the meaning assigned by regulation;

"Ingredient Disclosure List" means the Ingredient Disclosure List established by the Governor in Council pursuant to subsection 17(1);

"label" includes any mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper;

"manufactured article" means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product;

"material safety data sheet" means a document on which words, figures or symbols disclosing the information referred to in subparagraphs 13(a)(i) to (v) may be written, printed or otherwise expressed;

"prescribed" means prescribed by regulation;

"regulation" means a regulation made pursuant to subsection 15(1);

"supplier" means 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;

"transmit" means to send or convey by any physical, electronic, optical or other means; [1999, c. 31, s. 127(E)]

"work place" has the meaning assigned by regulation;

     (2) For the purposes of this Part, a label is applied to a controlled product or container in which a controlled product is packaged if the label is attached to, imprinted on, stencilled on or embossed on the controlled product or container or, in the case of a bulk shipment of a controlled product, is included with or caused to accompany the bulk shipment in the manner prescribed.

These definitions apply only to the provisions of the Hazardous Product Act (HPA) contained in Part II of this Act pertaining to (WHMIS) "controlled products". The term "controlled product" is defined in section 2 of the HPA. The criteria which define a "controlled product" are set out in Part IV of the Controlled Products Regulations (CPR).

bulk shipment: This term is defined in subsection 2(2) of the CPR. The definition is consistent with the definition of the same concept of shipment "in bulk" in the Transportation of Dangerous Goods Regulations. Label exemptions for bulk shipments are outlined in sections 15 and 18 of the CPR.

hazard symbol: Hazard symbols prescribed by Part II (the WHMIS portion) of the HPA are illustrated in Schedule II to the CPR. This Schedule depicts the eight symbols that correspond to the WHMIS classes and divisions of controlled products. Subject to certain exemptions, these symbols must be displayed on the product label in accordance with paragraph 19(d) of the CPR.

hazardous waste: This term is defined in subsection 2(2) of the CPR as "a controlled product that is intended for disposal or is sold for recycling or recovery". The term itself is found only in section 12 of the HPA.

Ingredient Disclosure List: Background information and a description of the ingredients included on this list is provided in the interpretation of sub paragraph 13(a)(ii) and section 17 of the HPA.

manufactured article: In this definition "exposure" means in a sufficient quantity to pose a hazard and does not include minute or trace amounts that do not pose a physical or health risk to workers. "Normal condition of use" does include installation {ref.: PIS No. 1, amended December 2007}.

regulation: The regulations "made pursuant to subsection 15(1)" of the HPA are the Controlled Products Regulations.

transmit: It is the supplier's responsibility to ensure that the person to whom the controlled product is sold can receive the information in a useable form regardless of the means by which the information is transmitted.

work place: This term is defined in subsection 2(2) of the CPR as "a place where a person works for remuneration". A supplier is required to comply with the requirements of the Act and the CPR if he imports or sells a controlled product "intended for use in a work place". "Work place" includes a place where a self-employed person works such as a farming operation; {ref.: PIS No. 18}.