CPR - WHMIS Information in Respect of Exemptions

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WHMIS - Controlled Products Regulations: Information in Respect of Exemptions (Sections 26 and 27)

The legal text of the regulations in sections 26 and 27 follows below:


CPR: Section 26, Subsection 1: Information in Respect of Exemptions

A supplier who, pursuant to subsection 11(1) of the Hazardous Materials Information Review Act, files a claim for exemption from a requirement to disclose information in respect of a controlled product on a material safety data sheet or on a label shall, in respect of the sale or importation of the controlled product or any controlled product having the same product identifier, disclose on the material safety data sheet and, where applicable, on the label of the controlled product or container in which the controlled product is packaged the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act.


CPR: Section 26, Subsection 2: Information in Respect of Exemptions

The requirements of subsection (1) apply in respect of a supplier who receives notice of a decision that the claim for exemption is valid


  • (a) if there is no appeal of the decision under subsection 20(1) of the Hazardous Materials Information Review Act, for a period not exceeding 30 days after the expiry of the appeal period; and


  • (b) if there is an appeal of the decision under subsection 20(1) of the Hazardous Materials Information Review Act, for a period not exceeding 30 days after the expiry of all periods for the making of an appeal or an application for judicial review in respect of the decision on appeal.


SOR/2001-254, s. 8; SOR/2004-317, s. 1.


CPR: Section 27: Information in Respect of Exemptions

A supplier who receives notice of a decision made pursuant to the Hazardous Materials Information Review Act that his claim or a portion of his claim for exemption from a requirement to disclose information in respect of a controlled product on a material safety data sheet or a label is valid shall, during the period beginning not more than 30 days after the final disposition of the claim and ending on the last day of the exemption period, in respect of the sale or importation of the controlled product or any controlled product having the same product identifier, disclose on the material safety data sheet and, where applicable, on the label of the controlled product or container in which the controlled product is packaged the following information:


  • (a) a statement that an exemption has been granted;


  • (b) the date of the decision granting the exemption;


  • (c) the registry number assigned to the claim under the Hazardous Materials Information Review Act; and


  • (d) the generic chemical identity of the controlled product or ingredient as required by section 16 of the Act.

SOR/88-555, s. 5; SOR/97-543, s. 18.


WHMIS MSDS Reference Manual - Sections 26 and 27

Health Canada's WHMIS MSDS reference manual for sections 26 and 27 is available at: WHMIS Requirements of the HPA and CPR, CPR Sections 26 and 27. One of the important points they note is as follows:


"There are a few items of information normally required on MSDSs and labels that a supplier may not have to disclose because he/she has a specific exemption from disclosing that information under the Hazardous Materials Information Review Act (HMIRA). Sections 26 and 27 of the CPR prescribe the information that must be disclosed on the label and MSDS in place of the information which is the subject of a claim for exemption. This replacement information will enable users of the product to determine the status of claims for exemptions. Also, this replacement information may be used in a medical emergency to obtain further information about the product from the Hazardous Materials Information Review Commission (HMIRC)."


"The supplier may be exempt under the HMIRA for one of two reasons. First, a supplier is exempt during the period that the claim is being processed by the HMIRC (including possible appeals) to ensure that sales of the product are not held up by delays in processing the claims. Second, a supplier will be exempt for a three year period if his/her claim for exemption is granted. An exemption is granted or disqualified as soon as a decision on the claim is reached and the appeal period following that decision expires without an appeal being filed. The replacement information that the supplier is required to disclose will vary depending on the status of the exemption under the HMIRA at the time of sale of the product."



Nexreg Compliance WHMIS Canadian MSDS Authoring Services

Nexreg Compliance can author a WHMIS compliant Canadian MSDS for your product. For more information on Nexreg's WHMIS MSDS authoring services, please contact Nexreg Compliance or visit the following links:


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