MSDS Law - Using a U.S. MSDS in Canada

One question we often receive at Nexreg is "Is itOne question we often receive at Nexreg is "Is it
possible to use my U.S. MSDS in Canada?" The shortpossible to use my U.S. MSDS in Canada?" The short
answer is "no it is not". The MSDS regulations foranswer is "no it is not". The MSDS regulations for
Canada, which are set out in Canada's 'ControlledCanada, which are set out in Canada's 'Controlled
Products Regulations' are more prescriptive thanProducts Regulations' are more prescriptive than
those set out under the American 'OSHA Hazardthose set out under the American 'OSHA Hazard
Communication Standard'.Communication Standard'.
This does not mean, however, that separate MSDSsThis does not mean, however, that separate MSDSs
must be prepared for both Canada and the Unitedmust be prepared for both Canada and the United
States. It is possible to author an MSDS that is bothStates. It is possible to author an MSDS that is both
compliant in Canada and the United States, butcompliant in Canada and the United States, but
ensuring it meets the regulatory requirements ofensuring it meets the regulatory requirements of
both countries.both countries.
MSDS Formats in Canada and the U.S.
MSDS Formats in Canada and the U.S.Schedule I of the Canada's Controlled Products
Schedule I of the Canada's Controlled ProductsRegulations discusses a 9 section format for an
Regulations discusses a 9 section format for anMSDS. However, as an administrative policy, Canada
MSDS. However, as an administrative policy, Canadaaccepts MSDSs for controlled products which adhere
accepts MSDSs for controlled products which adhereto the International Labour Organization (ILO)
to the International Labour Organization (ILO)16-heading format provided that all 16 headings are
16-heading format provided that all 16 headings aredisclosed (in the sequence specified) and that the
disclosed (in the sequence specified) and that theinformation required by the CPR is addressed. The
information required by the CPR is addressed. TheILO headings have been adopted by such bodies as
ILO headings have been adopted by such bodies asANSI, ISO and the EC. It is relatively straight forward
ANSI, ISO and the EC. It is relatively straight forwardto author an MSDS in the ANSI 16-section format
to author an MSDS in the ANSI 16-section formatthat complies with both Canadian and U.S. Regulations.
that complies with both Canadian and U.S. Regulations.MSDS Language Requirements in Canada
U.S. chemical manufacturers wishing to sell in Canada
MSDS Language Requirements in Canadaface two hurdles. First they cannot simply use their
U.S. chemical manufacturers wishing to sell in CanadaOSHA compliant MSDSs in Canada – they must
face two hurdles. First they cannot simply use theirauthor documents that are compliant with Canadian
OSHA compliant MSDSs in Canada – they mustregulations. Next they must deal with the fact that
author documents that are compliant with CanadianCanada has two official languages - English and
regulations. Next they must deal with the fact thatFrench. In Canada a supplier must provide a <a
Canada has two official languages - English andrel="nofollow"
French. In Canada a supplier must provide a MSDS inonclick="javascript:pageTracker._trackPageview('
the official language or languages requested by theoutgoing/article_exit_link');" href=" in the official
purchaser or, when no preference is stated, in thelanguage or languages requested by the purchaser or,
language used in the course of the businesswhen no preference is stated, in the language used in
transaction. Suppliers must have prepared MSDSs inthe course of the business transaction. Suppliers must
both English and French by the time they begin sellinghave prepared MSDSs in both English and French by
the product in Canada.the time they begin selling the product in Canada.
MSDS Revision Requirements in CanadaMSDS Revision Requirements in Canada
When new information becomes available for aWhen new information becomes available for a
controlled product or an ingredient in that product,controlled product or an ingredient in that product,
the supplier must revise the MSDS and the datethe supplier must revise the MSDS and the date
thereof. Such revisions must be made prior to salesthereof. Such revisions must be made prior to sales
of the product subsequent to the new informationof the product subsequent to the new information
becoming available. As well, suppliers are prohibitedbecoming available. As well, suppliers are prohibited
from supplying MSDSs that have a preparation datefrom supplying MSDSs that have a preparation date
exceeding three years prior to the sale or importationexceeding three years prior to the sale or importation
of a controlled product.of a controlled product.