Workplace Hazardous Materials Information System (WHMIS) — Canada

Scope

In December 2022, Canada amended its Hazardous Products Regulations (HPR) to align with the 7th revised edition and certain provisions of the 8th edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The regulatory amendments provide a three-year transition period, ending on December 14, 2025.

During the 3-year transition period, regulated parties can choose to comply with either the former HPR or the amended HPR, but not a combination of both. The hazard classification and safety data sheet (SDS) (and label, if applicable) of a hazardous product must be fully compliant with the version of the regulation chosen.

Key changes include:

• The adoption of a new physical hazard class (chemicals under pressure),
• The adoption of a non-flammable aerosols hazard category (Aerosol - Category 3, non-flammable aerosol),
• New subcategories for flammable gases,
• New information elements required on SDSs, and
• Improved clarity and precision for certain provisions.

A table of all changes can be found on Health Canada’s site.

Regulatory citations

WHMIS is implemented through coordinated federal, provincial, and territorial (FPT) legislation. Federal legislation related to WHMIS supplier requirements consists of the:

• Hazardous Products Act (HPA)
• Hazardous Products Regulations (HPR)
• Hazardous Materials Information Review Act (HMIRA)
• Hazardous Materials Information Review Regulations (HMIRR)

Canadian suppliers of hazardous products must comply with the requirements of the HPA and the HPR, as administered by Health Canada. Importers of hazardous products used directly in their own workplace are also governed by this legislation.

The federal Transportation of Dangerous Goods Act (TDG Act) is not the same as the WHMIS legislation. The TDG Act protects the general public from hazards associated with transporting dangerous materials on public roads, in the air, by rail, or on waterways. In contrast, WHMIS protects the health and safety of workers at workplaces by requiring that product hazard information be provided to employers and workers to promote the safe handling and use of these products in the workplace. The two systems often deal with the same chemicals, but the TDG Act addresses their transport and WHMIS addresses their use, handling, and storage in workplaces.

Key definitions

• Canada Labour Code (CLC): An Act of the Parliament of Canada that defines the rights and responsibilities of workers and employers in federally regulated workplaces and sets out federal labour law.
• Exposure: Subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential, accidental or possible, exposure.
• Global Harmonized System of Classification and Labeling of Chemicals (GHS): Criteria established by the United Nations for a globally accepted and consistent classification of health, physical and environmental hazards, as well as specifying what information should be included on labels of hazardous chemicals as well as safety data sheets.
• Hazard identification: Part of an overall risk assessment process that evaluations any situation, item, or object that may have the potential to cause harm.
• Hazardous product: 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 of the Hazardous Products Act.
• Hazardous Materials Information Review Act (HMIRA): A mechanism to protect the confidential business information (CBI) of chemical suppliers and employers while ensuring ensure accurate and complete health and safety information is available to workers.
• Hazardous Materials Information Review Regulations (HMIRR): Regulations of Canada designed to protect the confidential business information (CBI) of chemical suppliers and employers while ensuring ensure accurate and complete health and safety information is available to workers.
• Hazardous Products Act (HPA): Canadian federal regulations enabled by the Hazardous Products Act (HPA). They are part of the national Workplace Hazardous Materials Information System (WHMIS).
• Hazardous Products Regulations (HPR): Canadian federal regulations enabled by the Hazardous Products Act (HPA). They are part of the national Workplace Hazardous Materials Information System (WHMIS). The HPR applies to all Canadian suppliers (importers or sellers) of hazardous products intended for use, handling, or storage in Canadian workplaces. The regulations specify the criteria for classification of hazardous products. They also specify what information must be included on labels and safety data sheets (SDSs).
• Labeling: Identifying products or containers with a group of written, printed, or graphic information elements that relate to a hazardous product. The label is to be affixed to, printed on, or attached to the hazardous product or the container in which the hazardous product is packaged.
• Product classification: The process of dividing or categorizing products by specific characteristics.
• Supplier: A person who, in the course of business, sells or imports a hazardous product.
• Transportation of Dangerous Goods Act (TDG Act): Different than WHMIS; protects the general public from hazards associated with transporting dangerous materials on public roads.

Summary of requirements

Under the WHMIS regulation, an employer cannot use, store, or handle a controlled product in a workplace unless the employer has complied with the labeling, SDS, and training requirements. However, an exception allows an employer to store a controlled product in the workplace while trying to obtain a label or SDS from the supplier, or while trying to get the information needed to produce a workplace label or employer SDS.

WHMIS also requires hazard communication through cautionary labelling of containers and the provision of SDSs, and worker education and training programs.

The Hazardous Products Act provides Health Canada with the authority to regulate the sale and importation of hazardous products intended for use, handling, or storage in Canadian workplaces.

The Hazardous Products Regulations set out the hazard classification and hazard communication requirements. The Hazardous Materials Information Review Act (HMIRA) and its associated regulations allow CBI to be protected and set out the process for filing a claim for exemption.

Suppliers. Canadian suppliers of hazardous products are required to:

• Identify whether their products are hazardous products;
• Prepare or obtain bilingual labels and SDSs;
• Affix a label to a hazardous product and provide the SDS to the purchaser of a hazardous product;
• 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” (i.e., information which changes the classification of the hazardous product or ways to protect against the hazards presented by the product); and
• Disclose any information required to appear on an SDS to a safety or health professional, in an emergency. With the exception of CBI claims administered under the HMIRA, there is no pre-market approval mechanism or registration requirement under the HPA.

Workers. Workers are required to participate in the training programs and to use this information to help them work safely with hazardous materials. They may also inform employers when labels on containers have been accidentally removed or if the label is no longer readable.

Exemptions. The exclusions to supplier requirements under the HPA and HPR are:

• Explosives as defined in the Explosives Act
• Cosmetics, devices, drugs or foods, as defined in the Food and Drugs Act
• Pest control products as defined in the Pest Control Products Act
• Consumer products as defined in the Canada Consumer Product Safety Act
• Wood or products made of wood
• Nuclear substances within the meaning of the Nuclear Safety and Control Act, that are radioactive
• Hazardous waste being a hazardous product that is sold for recycling or recovery and is intended for disposal
• Tobacco and tobacco products as defined in the Tobacco Act
• Manufactured articles

Canada - U.S. regulatory differences. Health Canada collaborates with OSHA to align hazard classification and communication requirements for workplace chemicals, without reducing the level of safety or of protection to workers.

While Health Canada and OSHA tried to keep the variances between the two countries to a minimum, there are variances that are necessary in order to maintain the previous level of protection for workers or due to the requirements of the respective legislative frameworks.

Some of the key variances include the Canadian requirements for:

• Bilingual labels and SDSs
• Updating information on labels and SDSs when suppliers becomes aware of significant new data
• A Canadian supplier identifier on the label and SDS
• Label elements for a mixture containing a Category 2 carcinogen at a concentration between 0.1% - 1.0%
• Label elements for Physical Hazards Not Otherwise Classified and Health Hazards Not Otherwise Classified
• Including the Biohazardous Infectious Materials hazard class from WHMIS 1988
• Label elements for Water Activated Toxicants
• Labels on multi-container shipments and kit outer containers
• Labels for Combustible Dusts