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

                                                                                         

One question we often receive at Nexreg is "Is it possible to use my U.S. MSDS in Canada?" The short answer is "no it is not". The MSDS regulations for Canada, which are set out in Canada's 'Controlled Products Regulations' are more prescriptive than those set out under the American 'OSHA Hazard Communication Standard'.

This does not mean, however, that separate MSDSs must be prepared for both Canada and the United States. It is possible to author an MSDS that is both compliant in Canada and the United States, but ensuring it meets the regulatory requirements of both countries.

MSDS Formats in Canada and the U.S.

Schedule I of the Canada's Controlled Products Regulations discusses a 9 section format for an MSDS. However, as an administrative policy, Canada accepts MSDSs for controlled products which adhere to the International Labour Organization (ILO) 16-heading format provided that all 16 headings are disclosed (in the sequence specified) and that the information required by the CPR is addressed. The ILO headings have been adopted by such bodies as ANSI, ISO and the EC. It is relatively straight forward to author an MSDS in the ANSI 16-section format that complies with both Canadian and U.S. Regulations.

MSDS Language Requirements in Canada

U.S. chemical manufacturers wishing to sell in Canada face two hurdles. First they cannot simply use their OSHA compliant MSDSs in Canada – they must author documents that are compliant with Canadian regulations. Next they must deal with the fact that Canada has two official languages - English and French. In Canada a supplier must provide a MSDS in the official language or languages requested by the purchaser or, when no preference is stated, in the language used in the course of the business transaction. Suppliers must have prepared MSDSs in both English and French by the time they begin selling the product in Canada.

MSDS Revision Requirements in Canada

When new information becomes available for a controlled product or an ingredient in that product, the supplier must revise the MSDS and the date thereof. Such revisions must be made prior to sales of the product subsequent to the new information becoming available. As well, suppliers are prohibited from supplying MSDSs that have a preparation date exceeding three years prior to the sale or importation of a controlled product.

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