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On February 23 of this year the Canada Gazette published
an amendment to the Controlled Products Regulations
(CPR). By setting out the criteria for chemical,
biological and chronic health hazards, the CPR
determines what will be a controlled product and
therefore subject to the WHMIS regulations.
Controlled Products Regulations — Regulations Amending
Hazardous Products Act
SOR/2010-38, 23/02/10
The amendments address issues raised by the Standing
Joint Committee for the Scrutiny of Regulations (SJCSR).
The first issue was to change the wording of the French
text of subsection 12(3) to use the same terminology as
the previous two subsections.
The second issue identified refers to subsection 12(11)
which has been amended to remove the statement that
requires suppliers to include in an MSDS “any other
hazard information…of which the supplier is aware or
ought reasonably to be aware.” The last part of the
statement, “…is aware or ought reasonably to be aware”,
is too broad and not provided for in the Hazardous
Products Act.
The third issue involves text in subsection 33(1) that
was considered too subjective with: “the supplier shall
use, subject to subsection (2) evidence based on
established scientific principles with respect to the
product, material or substance or where appropriate, a
product, material or substance that has similar
properties.” In the same vein Section 64 of the CPR was
amended to a more objective criteria.
These amendments have no real impact on the hazard
communication portion of WHMIS, but do provide
manufacturers and suppliers with better guidance in
formulating the MSDS.
Source:
laws.justice.gc.ca
www.gazette.gc.ca
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