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

HPA Section 17 - Ingredient Disclosure List

Ingredient Disclosure List

17.(1) Subject to section 19, the Governor in Council may, by order,

1. establish a list, to be known as the Ingredient Disclosure List, of products materials and substances, any of which may be an ingredient of a controlled product; and
2. specify, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance included on the list.

(2) Subject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure List

1. by adding thereto any product, material or substance:
2. by specifying, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance added thereto pursuant to paragraph (a); and
3. by substituting a concentration for a concentration specified for any product material or substance included thereon.

(3) Subject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure List by deleting therefrom any product, material or substance, and the concentration specified for that product, material or substance, if the Governor in Council is satisfied that the inclusion of the product, material or substance on the Ingredient Disclosure List is no longer necessary.

(4) The Governor in Council shall, in making any order pursuant to subsection (1),(2) or (3), be guided by the health and safety criteria for ingredient disclosure established by the Minister after consultation by the Minister with the government of each province and with such organizations representative of workers, organization representative of employers and organizations representative of suppliers as the Minister deems appropriate.

INTERPRETATION / DISCUSSION of SECTION 17

The Ingredient Disclosure List (IDL) was published in the Canada Gazette, Part II, SOR\88-64 on January 20, 1988. As of September, 2000, the IDL has not been amended and as of that date, no amendments had been projected.

The IDL is a list of chemicals identified in alphabetical order by their common name. The corresponding Chemical Abstracts Service (CAS) registry number is provided where available. Each chemical has a corresponding concentration "cut-off" of either 0.1% or 1.0% (weight/weight). Ingredients included in the IDL are one of the four categories of ingredients whose identity and concentration must be disclosed on an MSDS if found in a controlled product above the concentration cut-off; (see subparagraph 13(a)(ii) of the HPA).

The criteria used to determine whether to include an ingredient in the IDL were broader than the criteria used for defining what is a WHMIS controlled product. Substances that are not considered hazardous enough to be controlled products in themselves but are considered health hazards have been included in the IDL in addition to substances that do meet the criteria in the Controlled Products Regulations (CPR). Therefore, although a chemical included in the IDL which is not itself a controlled product is not subject to the HPA label nor MSDS requirements, when included in a controlled product above its cut-off concentration, its identity and concentration must be disclosed on the MSDS.

In addition to the potential to cause adverse health effects, the extent to which the ingredients were or are being put to commercial use was also a determining factor affecting inclusion in the IDL. The IDL, however, is far from exhaustive in listing ingredients that meet the criteria in the CPR.