Supplier ( Manufacturer | Importer | Distributor )

Under the Hazardous Products Act (HPA), manufacturers, importers or distributors, including retailers of a hazardous product are all considered "suppliers".

Canadian suppliers who are selling or importing hazardous products for use, handling or storage in a Canadian workplace must comply with the requirements of the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR), as administered by Health Canada.

Importers of hazardous products that are used directly in their own workplace are also governed by this legislation.

Definitions

Under WHMIS:

a supplier is “a person who, in the course of business, sells or imports a hazardous product”
a manufacturer is “a supplier who, in the course of business in Canada, manufactures, produces, processes, packages or labels a hazardous product and sells it”
an importer is “a supplier who brings a hazardous product into Canada, but does not sell the product”. Where a foreign supplier sells and ships a hazardous product directly to a Canadian customer, that Canadian customer is the Canadian importer. If an importer modifies a hazardous product that they imported (for example, by repackaging or relabelling it) and subsequently sells the modified hazardous product, then the importer meets the definition of a "manufacturer" under the HPR.
a distributor is “a Canadian supplier to whom a hazardous product was sold, and
- who then resells the hazardous product without modifying it in any way.
- who DOES modify a hazardous product that they purchased (for example, by repackaging or relabelling it) and subsequently sells it, then the distributor meets the definition of a “manufacturer” under the HPR.

Subsequent Supplier:

An exemption is available in the HPR (subsection 5.7(7)) for any “subsequent supplier” who wants to sell or import hazardous products for which a confidential business information (CBI) claim was granted to a “first supplier”. This exemption provides the subsequent supplier an exemption from disclosing the ingredient identity information that was granted to the first supplier as a CBI claim under the Hazardous Materials Information Review Act (HMIRA). It is important to note that replacement information must be provided in lieu of the withheld information elements for which a CBI claim was granted.

Note that the term "first supplier" must not be confused with "initial supplier identifier" as the term "first supplier" conveys a specific meaning with respect to this CBI provision.

"First supplier" means a supplier who is exempted from the requirement to disclose the information specified in subsection 11(1) of the HMIRA, by virtue of that Act.

"Initial supplier identifier" means the name, address and telephone number of

the manufacturer or
the importer of the hazardous product who operates in Canada

"Subsequent supplier" means a supplier who sells or imports a hazardous product that is the subject of an exemption granted to the first supplier from the requirement to disclose the information specified in subsection 11(1) of the HMIRA.

Refer to the discussion of subsection 5.7(7) of the HPR in Health Canada’s Guidance on the WHMIS supplier requirements for more information.

Responsibilities

Under the HPA, it is the responsibility of the Canadian supplier to identify whether the products they are selling in or importing into Canada, that are intended for use, handling or storage in a workplace in Canada, are "hazardous products".

All hazardous products must be labelled according to the Hazardous Products Regulations and must have a corresponding safety data sheet provided to the purchaser at the time of sale.

Under WHMIS, Canadian suppliers must:

Ensure the appropriate classification of hazardous products
Affix bilingual (English/French) labels to hazardous products
Provide bilingual (English/French) SDSs for hazardous products to their customers
Prepare and maintain documents, including copies of labels and SDSs, as well as sales and purchasing information, and provide these documents to the Minister or an inspector on request
Update SDSs and labels within 90 and 180 days, respectively, of a supplier becoming aware of "significant new data" (that is, information which changes the classification of the hazardous product or the ways to protect against the hazards presented by the product)
Disclose any information required to appear on an SDS to a safety or health professional, in an emergency

Classification

Suppliers must determine if their products meet the various physical and health properties that are regulated by the Hazardous Products Act and regulations. The specific criteria are listed in the Hazardous Products Regulations. If the product meets any of the criteria for a hazard class, it is considered to be a WHMIS hazardous product. The hazard classification of a product is based on a comparison of all available hazard data to the WHMIS hazard classification criteria. Note that there is specific guidance for classifying mixtures for health hazards.

The official definition of a “hazardous product” is "any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) in a category or subcategory of a hazard class listed in Schedule 2; (produit dangereux)."

Tools to help with classification, such as the Technical Decision Trees and guidance for classification, are available from under the “Tools and Guidance” tab.

WHMIS applies to two major groups of hazards: physical and health. Each hazard group includes hazard classes that have specific hazardous properties.

Physical hazards group: based on the product's physical or chemical properties, such as flammability, reactivity, or corrosivity to metals.
Health hazards group: based on the ability of the product to cause a health effect, such as eye irritation, respiratory sensitization (may cause allergy or asthma symptoms or breathing difficulties if inhaled), or carcinogenicity (may cause cancer).

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) also defines an Environmental hazards group. This group (and its classes) was not adopted in WHMIS. However, including information about environmental hazards on labels and SDSs is allowed by WHMIS.

Suppliers must be aware that under the amended HPR, the following changes were introduced in December 2022.

The key changes in the December 2022 amendments of the Hazardous Products Regulations include:

Adoption of a new physical hazard class: Chemicals Under Pressure
A change in the name of the physical hazard class “Flammable Aerosols” to “Aerosols”
A new hazard category for non-flammable aerosols (Aerosols - Category 3)
A split in the hazard category Flammable Gases - Category 1 into Categories 1A and 1B
Inclusion of Pyrophoric gases under Flammable gases - Category 1A instead of being its own hazard class.
Inclusion of Chemically Unstable Gases into the new Flammable gases - Category 1A
Mixtures that are classified in one of the health hazard classes that include both categories and subcategories may be classified in an applicable subcategory when there is sufficient data available to do so.
The classification criteria for water-activated toxicants have changed to be based on the acute inhalation toxicity of the substance or mixture as sold or imported.
The classification criteria for Reproductive Toxicity - Category 2 has been corrected to specify that adverse effects observed in humans or animals must not be considered as a secondary non-specific consequence of other toxic effects.

Labels

The hazard class and category are provided in Section 2 (Hazard Identification) of the safety data sheet and on the supplier label. Each hazard class or category must use the specified pictograms and other label elements to indicate the hazard that is present, and what precautionary measures must be taken. Employers and workers then use this information provided by the label and safety data sheet to be informed and to know how to safely use, handle, store, and dispose of the hazardous product.

Labels must be affixed to, printed or written on, or attached to the hazardous product or the container and remain legible. Providing a compliant WHMIS label along with the shipping papers would not be considered to be in compliance (that is, this scenario would not meet the requirements of the Hazardous Products Regulations).

Requirements for supplier labels include a product and supplier identifier in addition to standardized pictograms, signal words, hazard statements, and precautionary statements. Most hazard classes and categories will have a prescribed pictogram, signal word, hazard statement and precautionary statements. Supplier labels must be provided in both English and French.

The label must be accurate at the time of sale or import, for each sale or import. There is an exemption period for updating labels (and SDSs) when significant new data become available. The significant new data must be provided separately until the update is complete.

There is no set format for a supplier label. Supplier labels must be in both official languages of Canada (English and French). They may be bilingual (as one label) or be presented as two labels (one each in English and French). Providing a supplier label in just English or French would not meet the requirements of the Hazardous Products Regulations.

Labels require the following:

the pictogram, signal word, and hazard statement to be grouped together,
to be clearly and prominently displayed on the container,
to be easy to read (e.g., you can see it easily without using any item except corrective glasses), and
to be in contrast with other information on the product or container.

The supplier label must include the following information:

Product identifier - the brand name, chemical name, common name, generic name or trade name of the hazardous product.
Initial supplier identifier - the name, address and telephone number of either the Canadian manufacturer or the Canadian importer (with some specific exceptions)
Pictogram(s) - hazard symbol within a red "square set on one of its points".
Signal word - a word used to alert the reader to a potential hazard and to indicate the severity of the hazard.
Hazard statement(s) - standardized phrases which describe the nature of the hazard posed by a hazardous product.
Precautionary statement(s) - standardized phrases that describe measures to be taken to minimize or prevent adverse effects resulting from exposure to a hazardous product or resulting from improper handling or storage of a hazardous product.
Supplemental label information - some supplemental label information is required based on the classification of the product.

Variations on the supplier label apply in specific situations. Refer to section 5.2 to section 5.4 of Health Canada’s Guidance on the WHMIS supplier requirements for details.

For more information on labels, see Part 3-Labelling of Health Canada’s Guidance on the WHMIS supplier requirements.

SDS & CBI

Safety data sheets (SDS)

Safety data sheets (SDSs) follow a standard 16-section format with specified headings and content elements.The SDS must be provided in both English and French. The Hazardous Products Regulations (HPR) specify the sections and content for the SDS. Schedule 1 within the Hazardous Products Regulations outlines the section number and heading that must be presented in the specified order.

SDSs provide more detailed hazard information about the product than the label. They are an important information resource for workplaces and workers about the product(s) used. SDSs tell users what the hazards of the product are, how to use the product safely, what to expect if the recommendations are not followed, how to recognize symptoms of exposure, and what to do if emergencies occur.

The SDSs must be accurate at the time of sale or import for each sale or import. It is a requirement to update the SDS when “significant new data” becomes available. Significant new data means new information that changes how the hazardous product is classified, or when there are changes to the way workers will handle or store or protect themselves from the hazards of the product.

There is an exemption period for updating SDSs (90 days) (and for labels, 180 days) when significant new data becomes available. The significant new data must be provided separately until the update is complete.

See the discussion sections of Section 5.12 in Health Canada’s Guidance on the WHMIS supplier requirements for more information.

The supplier must provide the SDS, in English and French, to the purchaser of the hazardous product either in hard copy (e.g., by mail, hand delivered, etc.) or by electronic means. Acceptable electronic delivery methods include an e-mail from the supplier to the purchaser with the SDS attached, or a USB on which the SDS is saved and given to the purchaser. If the English and French portions of the SDS are two separate parts, both the English and French parts must be attached in the same email or saved on the same USB stick.

Note: It is NOT acceptable to provide an SDS by only providing the purchaser of the hazardous product with a website address or hyperlink from which the purchaser may download the SDS for the hazardous product that they purchased. Similarly, it is not acceptable for a supplier to provide an SDS by only providing a QR code that would link the purchaser directly to the website or database from which the purchaser may download the SDS for the hazardous product that they purchased.

CBI

Suppliers (or employers) who apply to withhold confidential business information (CBI) must meet label and SDS requirements. These requirements include the details of any safety precautions workers need to take when using the product and the first aid treatment required in the case of exposure. This approach balances the worker’s right to know with industry’s right to protect CBI.

See the CBI Audience page for more information.

Subsequent supplier

The “subsequent supplier” exemption applies to the importation of a hazardous product by a Canadian importer (subsequent supplier) from a foreign (non-Canadian) supplier (first supplier) who was granted a CBI claim for exemption under the HMIRA. Note that once the hazardous product is imported, if the importer wants to sell the same hazardous product (or a mixture containing this hazardous product) they may use the "sale" exemption since they remain a subsequent supplier at that point.

Specific conditions must be met and followed to use this exception. Refer to the discussion for Section 5.7 in Health Canada’s Guidance on the WHMIS supplier requirements.

Distributors

Distributors who purchase hazardous products that are intended for use, handling or storage in a workplace from other Canadian suppliers and sell these hazardous products meet the definition of a "supplier" under the HPA. Therefore, distributors are also required to ensure that the labels and safety data sheets for the hazardous products they are selling are compliant with the HPA and HPR.

Supplier identifiers

The initial supplier identifier is required on both labels and SDSs.

"initial supplier identifier" means the name, address and telephone number of

the [Canadian] manufacturer [of a hazardous product]; or
the importer of the hazardous product who operates in Canada.

This means that, by default, the name, address and telephone number of a Canadian manufacturer or Canadian importer are required to appear on the label of any hazardous product that is sold in or imported into Canada and is intended for use, handling or storage in a workplace in Canada.

In a situation where a hazardous product is being sold by a distributor, the distributor may replace the name, address, and telephone number of the initial supplier with their own contact information on the label and SDS.

For further information about these exceptions, see the discussion of section 5.8 of the HPR in Health Canada’s Guidance on the WHMIS supplier requirements.

Importing

In the case of a hazardous product that is imported into Canada from a foreign supplier, and the hazardous product is intended to be re-sold within Canada, it is the Canadian importer (that is, the Canadian party who is responsible for bringing the hazardous product into Canada) whose name, address and telephone number must be provided on the label and SDS.

The Canadian importer is also responsible for ensuring that the importation of the hazardous product complies with the requirements of the HPA and the HPR.

Refer to the discussion of subsections 5.15(1) and (2) in Health Canada’s Guidance on the WHMIS supplier requirements for more information.

Note that a Canadian importer can retain the name, address and telephone number of the foreign supplier on the label and SDS if the hazardous product is imported only for use in their own workplace. Refer to the discussion of section 5.9 in Health Canada’s Guidance on the WHMIS supplier requirements for more information.