ILMA Compoundings October 2016 - 45

REGULATORY SPOTLIGHT

The term "manufacturer" is defined, in subsection 1(1) of the
HPR. According to Technical Guidance, a "manufacturer" is "a
supplier who, in the course of business in Canada, manufactures,
produces, packages or labels a hazardous product and sells it."
Technical Guidance notes that "a manufacturer is different from
an importer. An importer is a supplier who brings a hazardous
product into Canada but does not sell the product. If an
importer does modify a product (for example, by repackaging
or relabeling it) and subsequently sells the modified
hazardous product, then the importer meets the definition of
'manufacturer' under the HPR."
A manufacturer is also different from a distributor. The Technical
Guidance document says that a "distributor is a Canadian
supplier to whom a hazardous product was sold [and] who
resells the hazardous product without modifying it in any way."
If a distributor does modify a hazardous product that they
purchased (for example, by repackaging or relabeling it) and
subsequently sells it, then the distributor meets the definition
of "manufacturer" under HPR. Under the HPA, a "supplier"
is a person who, in the course of business, sells or imports a
hazardous product. Therefore, all of the above mentioned
parties are considered "suppliers" under HPA.

ensuring that the label and SDS of the hazardous product are
in compliance with the HPA. Hazardous products labeled with
a foreign manufacturer's name, address and phone number can
be used by that end user/Canadian importer in their workplaces
only.
We will continue our review of WHMIS 2015 and the Technical
Guidance document in future editions of Compoundings.
1. Technical Guidance on the Requirements of the Hazardous Products Act and
the Hazardous Products Regulations, WHMIS 2015 Supplier Requirements
Phase 1, Health Canada, Ottawa, Ontario, Canada www.hc-sc.gc.ca/ewh-semt/
pubs/occup-travail/technical-guidance-whmis-2015-guide-technique-simdut/
index-eng.php

Howell is president of GHS Resources Inc. He may be reached at
630-212-8660 or jhowell@ghsresources.com.

The Technical Guidance document notes (p. 16) that the initial
"supplier identifier" (the name, address and telephone number
of either the Canadian manufacturer or the Canadian importer)
must be provided on both the label and in Section 1 of the
SDS of a hazardous product that is sold or imported into
Canada and intended for use, handling or storage in a Canadian
workplace. A Canadian distributor may use his or her name,
address or phone number on the label and in the SDS in lieu
of the name, address and phone number of the Canadian
manufacturer or importer but, as the Technical Guidance
document notes, the use of this exemption still requires the
disclosure of the contact information of a Canadian party on
the label and on the SDS to be compliant with WHMIS 2015.
Manufacturers of lubricant products in the United States who
do not have a manufacturing affiliate in Canada or a sales office
of a Canadian affiliate in Canada can export products to Canada
without producing a WHMIS 2015-compliant SDS only if they
export those products directly to the end user. In other words,
as Technical Guidance goes on to say, when a foreign supplier
sells and ships a hazardous product to a Canadian customer,
that Canadian customer is the Canadian importer. Thus, the
end user becomes the Canadian importer and is responsible for

Compoundings October 2016 * 45 * Vol. 66 No. 10
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ILMA Compoundings October 2016

Table of Contents for the Digital Edition of ILMA Compoundings October 2016
