Know the Laws of Your Province: Consumer Product Requirements
| CONSUMER PRODUCT REQUIREMENTS
Here’s what the WHMIS laws in each jurisdiction say about consumer products: |
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| JURISDICTION | REQUIREMENTS | LAW |
| FED | Part II (controlled products) doesn’t apply to the sale or import of any product, material or substance included in Part II of Schedule I and packaged as a consumer product [Sec. 12(f)]. | Hazardous Products Act |
| AB | The following sections don’t apply if a controlled product is a product, material or substance packaged: 1) as a consumer product; and 2) in a quantity normally used by a member of the general public: Sec. 398 (supplier labels), Sec. 403 (lab samples), Sec. 404 (supplier MSDSs), Sec. 405 (employer MSDSs), Sec. 406 (current information), Sec. 407 (availability of MSDSs) and Sec. 408 (disclosure exemptions) [Sec. 395(4)(e)]. | OHS Code 2009 |
| BC | 1. The provisions on supplier labels and MSDSs don’t apply if the controlled product is a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public [Sec. 5.3(2)(e)].
2. Employers must maintain an inventory of all hazardous substances in the workplace in quantities that may endanger workers in an emergency, including consumer products [Sec. 5.98(1)]. |
OHS Reg. |
| MB | The provisions of Part 35 (WHMIS) on supplier labels and MSDSs don’t apply to a product, material or substance included in Part II of Schedule I of the federal Hazardous Products Act and packaged as a consumer product in quantities normally used by a member of the general public [Sec. 35.1(3)(e)]. | Workplace Health & Safety Regs. |
| NB | The following sections don’t apply where the controlled product in a workplace is a product, material or substance packaged as a consumer product in quantities normally used by the consuming public: Secs. 7(1) to (4) (supplier lables), Sec. 13 (supplier MSDSs), Sec. 14 (employer MSDSs), Sec. 15 (availability of MSDSs) and Sec. 17 (claims for exemptions) [Sec. 3(2)]. | WHMIS Reg. |
| NL | The provisions on supplier labels and MSDSs don’t apply when the controlled product is a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public [Sec. 3(2)(e)]. | WHMIS Reg. |
| NWT/NU | The provisions on supplier labels and MSDSs don’t apply when the controlled product is a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public [Sec. 2(3)(e)]. | WHMIS Regs. |
| NS | The provisions on supplier labels and MSDSs don’t apply when the controlled product is a product, material or substance packaged as a consumer product [Sec. 2(2)(e)]. | WHMIS Reg. |
| ON | The sections on supplier labels, laboratory labels and MSDSs don’t apply to a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public [Sec. 4(2)(e)]. | WHMIS Reg. |
| PE | The provisions on supplier labels and MSDSs don’t apply when the controlled product is a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public [Sec. 2(2)(e)]. | WHMIS Regs. |
| QC | Products, materials or substances packaged as consumer products in a container for domestic use don’t need MSDSs even if they’re controlled products [Sec. 6(5)]. | Reg. Respecting Information on Controlled Products |
| SK | The provisions on supplier labels and MSDSs don’t apply to a controlled product that’s a product, material or substance packaged as a consumer product and in a quantity normally used by the public [Sec. 316(1)(e)]. | OHS Regs. |
| YT | The provisions on supplier labels and MSDSs don’t apply when the controlled product is a product, material or substance packaged as a consumer product and in quantities normally used by the consumer public [Sec. 2(2)(e)]. | WHMIS Regs.
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WHMIS Resources
Here are links to some guides and other government resources on WHMIS requirements, including those that apply to consumer products:
AB: WHMIS Information for Employers
BC: FAQs for WHMIS; WHMIS Resource Manual
MB: WHMIS Guideline
NS: Interpretation Guide for Nova Scotia’s WHMIS Regulations
ON: WHMIS: A Guide to the Legislation
SK: WHMIS and Consumer Products
