The Hazardous Products Act (HPA) and Labels
The Hazardous Products Act (HPA) requires suppliers of hazardous products intended for use, handling or storage in a workplace in Canada to communicate the hazards associated with their products via labels and safety data sheets (SDSs), as a condition of sale or importation.
This tool provides an overview of common label non-compliances and includes tips and best practices to help suppliers prepare hazardous product labels. This tool does not provide a comprehensive review of the HPA and the Hazardous Products Regulations (HPR), nor does it replace the Technical Guidance on the Requirements of the Hazardous Products Act and the Hazardous Products Regulations (the Technical Guidance). This tool should be read in conjunction with the HPA and HPR, and the Technical Guidance. In the event of any inconsistency or conflict between this tool and the HPA or the HPR, the official versions of the HPA or HPR take precedence. Any reference to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) relates to what is referenced in the version of the HPR currently in force.
Hazardous product labels communicate key information on how to safely use, handle and store a hazardous product. Labels provide information to the user about that product’s major hazards and outline the basic precautions or safety steps that the user should take to avoid injuries, illnesses, and incidents.
Suppliers are responsible for ensuring that hazardous products that they sell or import are labelled in accordance with the HPR. Labels must be affixed to, printed or written on, or attached to the hazardous product or the container and remain legible under normal conditions of transport and use. A supplier is prohibited from selling or importing a hazardous product intended for use, handling or storage if the label is not affixed to, printed on, or attached to the hazardous product or the container. For instance, a supplier cannot provide a separate label along with shipping papers instead of labelling the hazardous product or its container.
For an overview of common safety data sheet non-compliances, tips and best practices, refer to the SDS Compliance Tool.
GENERAL
GENERAL
Most common non-compliances
- A hazardous product being sold or imported in Canada does not have a label affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged.
- The hazard information appearing on the safety data sheet and label is not the same, presenting inconsistent hazard information for the same product.
- There is incorrect, misleading or ambiguous information disclosed on the label.
- The information on the label is not presented in both English and French.
- Information is cut short on a label during printing or production.
- A label is based on the requirements of the repealed Controlled Products Regulations instead of the Hazardous Products Regulations (HPR) that is currently in force.
- The pictogram, signal word and hazard statement(s) are not grouped together on the label.
Tips
- A supplier selling or importing a hazardous product intended for use, handling or storage in a workplace in Canada must ensure that a label that complies with the requirements of the Hazardous Products Regulations (HPR) is affixed, printed on or attached to the hazardous products or the container in which the hazardous product is packaged.
- All information on the label, including any information not required by the HPR, must not be false, misleading, or likely to create an erroneous impression about the hazardous product.
-
The hazard information required to be disclosed on the label of a hazardous product must be consistent with the hazard information presented on its safety data sheet.
- For example, if the safety data sheet discloses the signal word “Danger” and the corresponding hazard and precautionary statements for a particular hazard class (and category), the label must also disclose the same signal word and matching hazard and precautionary statements, as applicable.
- The required information must be clearly and prominently displayed on a surface visible under normal conditions of use. The label must be easily legible without the aid of any device other than corrective lenses.
-
The label must remain durable and legible under normal conditions of transport and use throughout the lifetime of the hazardous product. This includes staying affixed to, printed on, written on, or attached to the hazardous product or the container. The label must not fade, run, rub off, peel, or deteriorate upon exposure to light, as applicable.
-
Suppliers must ensure that the labels and safety data sheets of hazardous products comply with the Hazardous Products Act (HPA) and HPR currently in force.
- For example, labels must use the pictograms in the HPR, and not the hazard symbols from the repealed Controlled Products Regulations.
- The information on the label must be available in English and French, presented as either a single bilingual label or in a group of information elements in two unilingual parts.
- The supplier must keep the label for six years after the end of the year to which it relates.
- The pictogram(s), signal word and hazard statement(s) must be grouped together.
- Additional tips can be found in the Technical Guidance on the Requirements of the Hazardous Products Act and the Hazardous Products Regulations.
PRODUCT IDENTIFIER AND INITIAL SUPPLIER IDENTIFIER INFORMATION
PRODUCT IDENTIFIER AND INITIAL SUPPLIER IDENTIFIER INFORMATION
Most common non-compliances
- The product identifier and/or the initial supplier identifier on the label does not match the information on the safety data sheet of the hazardous product.
- A foreign supplier’s address is disclosed instead of the Canadian supplier address for products that are sold within Canada.
- The initial supplier identifier information is either missing or incomplete.
Tips
-
Product Identifier
The product identifier on the label must be identical to the one on the safety data sheet. The product identifier is the brand name, chemical name, common name, generic name, or trade name of a hazardous product. -
Initial Supplier Identifier
The initial supplier identifier means the name, address, and telephone number of either the Canadian manufacturer or the Canadian importer of a hazardous product. - The initial supplier identifier on the label must be identical to the one on the safety data sheet.
- Additional tips can be found in the Technical Guidance on the Requirements of the Hazardous Products Act and the Hazardous Products Regulations.
PICTOGRAM AND SIGNAL WORD
PICTOGRAM AND SIGNAL WORD
Most common non-compliances
- One or more of the pictograms for the product hazard classes on the label is missing.
- Except for size, one or more of the pictograms is not an exact reproduction of the pictogram as shown in Schedule 3 of the Hazardous Products Regulations (HPR).
- A Transportation of Dangerous Goods pictogram is used on a hazardous product label instead of a pictogram from the HPR.
- The pictogram on the label is based on the repealed Controlled Products Regulations hazard symbols instead of the HPR that is currently in force.
- The appropriate signal word is missing.
- Signal words are repeated on the label.
Tips
-
Pictograms
The appropriate pictogram(s) for the hazard classification of the product must appear on the label. -
Except for size, the pictogram must be an exact reproduction of the pictogram set out in column 3 of Schedule 3 of the Hazardous Product Regulations (HPR).
- All pictograms set out in column 3 of Schedule 3 of the HPR, except the biohazardous infectious materials (BIM) pictogram, consist of a black symbol against a white background within a red border in the shape of a square set on one point.
- The BIM pictogram consists of a black biohazard symbol against a white background within a round black border.
-
Signal Word
When a hazardous product is classified in more than one category or sub-category of a hazard class or in more than one hazard class, the same signal word, “Danger” or “Warning”, is not required to be repeated. It only needs to appear once on the label and once on the SDS. - In cases where there is a need to provide both signal words “Danger” and “Warning”, then the signal word “Warning” may be omitted.
- Additional tips can be found in the Technical Guidance on the Requirements of the Hazardous Products Act and the Hazardous Products Regulations.
HAZARD STATEMENT, PRECAUTIONARY STATEMENT AND SUPPLEMENTAL LABEL ELEMENTS
HAZARD STATEMENT, PRECAUTIONARY STATEMENT AND SUPPLEMENTAL LABEL ELEMENTS
Most common non-compliances
- Hazard or precautionary statements for one or more product hazard classes are missing, incomplete or incorrect.
- Combined precautionary statements do not convey the same information as the required individual statements.
- Forward slashes or diagonal marks [/] and/or three full stops […] are retained in precautionary statements, indicating the required information to complete the statement was not selected or specified.
- The supplemental label element indicating the percentage of ingredients with unknown acute toxicity for a product that is classified under the acute toxicity health hazard class is not disclosed.
Tips
- Hazard and precautionary statements for the appropriate hazard classes and categories/subcategories must be disclosed.
- Precautionary statements may be combined, however, the combination must convey the same information as the required individual statements.
- Physical hazards not otherwise classified (PHNOC), biohazardous infectious materials (BIM), and health hazards not otherwise classified (HHNOC) do not have prescribed hazard statements. The supplier must disclose the applicable hazard statement(s) that describes the nature of the hazard.
-
Certain hazard statements require the supplier to complete the prescribed statement as appropriate.
- For example, the hazard statement “May cause damage to organs <…> through prolonged or repeated exposure <<…>>” may be incomplete if the label does not specify which organ may be affected (<...>), if known, or the route of exposure (<<…>>) if it is conclusively proven that no other routes of exposure cause the hazard.
-
When a forward slash or diagonal mark [/] appears in a precautionary statement in section 3 of Annex 3 of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), it indicates that the supplier must select the appropriate phrase(s), as applicable.
- For example, the precautionary statement “Wear protective gloves/protective clothing/eye protection/face protection” could read “Wear eye protection” or “Wear eye and face protection” (as appropriate for the safe handling of the hazardous product).
-
When three full stops […] appear in a precautionary statement in section 3 of Annex 3 of the GHS, this indicates that all applicable conditions may not be listed.
- For example, in the case of the precautionary statement “Wash…thoroughly after handling”, the “…” must be replaced by an indication of what parts of the body should be washed after handling, such as, “Wash your hands and all exposed skin thoroughly after handling.”
- Additional tips can be found in the Technical Guidance on the Requirements of the Hazardous Products Act and the Hazardous Products Regulations.