WHMIS, the HPA, and the HPR define SDS duties across Canada. This guide frames SDS obligations within WHMIS, focusing on supplier and importer responsibilities at sale and import.
It describes how significant new data affect documents and labels, and notes bilingual presentation and workplace access. Key timelines and practical recordkeeping needs are outlined.
When is an SDS required
An SDS is required when a hazardous product is sold or imported for workplace use in Canada. Suppliers must have a compliant SDS at the time of sale or import, following HPR Part 4 and Schedule 1. The table below further expands upon the scenarios for the triggers:
| Scenario | Brief | Thresholds/conditions | What to do |
|---|---|---|---|
| Sale to a workplace | The act of sale activates SDS duties. | A hazardous product is sold for workplace use. | Provide the SDS at or before sale and keep the label compliant. |
| Import for workplace use | Importers prepare ahead of time. | A hazardous product is imported for workplace use. | Obtain or prepare the SDS before import and ensure labelling is correct. |
| Significant new data | New information leads to updates on a set timeline. | Data change the classification or protective advice. | Update the SDS within 90 days and the label within 180 days; a change notice can bridge the gap. |
| Repeat orders of the same product | No need to resend if nothing has changed. | Same product identifier and the existing SDS remains current. | Do not resend the SDS for repeat sales while the current version remains valid. |
| Excluded categories | Some products are regulated elsewhere. | Items such as consumer products, foods, drugs, pest control products, explosives, wood, manufactured articles, hazardous waste, tobacco, or nuclear substances. | WHMIS SDS/labels do not apply at sale/import; follow the rules for the specific product category. |
Requirements for provision, format, and delivery
WHMIS provides guidelines for provision, format, and workflow regarding SDSs. This compact checklist lists the requirements below:
| Requirement / Step | What applies | Quick check |
|---|---|---|
| Timing (sale/import) | On sale, provide the SDS to the recipient; on import, obtain or prepare the SDS before import. | Was the SDS sent at or before sale, or prepared/obtained before import? |
| How to deliver | Paper or electronic is fine. A generic web link or QR code alone is not acceptable; directly deliver the SDS (e.g., email with attachment). | Was the SDS directly delivered (not just a link)? |
| Language | SDS and labels must be English and French (single bilingual file or two parts provided together). | Are both languages provided together? |
| Structure (Schedule 1) | Use the 16-section SDS with specified content, including Section 1.4 emergency telephone number (and any restrictions on its use). | Do all required sections and the emergency number appear? |
| Emergency number quality | Do not list CANUTEC for SDS emergencies; list a number that can address product use/handling. If not 24/7, note any restriction. | Is the number appropriate and its limits stated? |
| Updates (significant new data) | When new data changes classification or protective advice, update SDS within 90 days and labels within 180 days; provide a change notice during the grace period if needed. | Are changes tracked, dated, and issued on time? |
| Health professional access | On request in an emergency, provide information elements and (on request) the source of toxicological data. | Is the process ready to supply this information quickly? |
| Record-keeping | Suppliers must prepare and retain true copies of SDS/labels and sales/import records for six years, stored in-country and produced on request. | Are records complete and stored where required? |
| Employer review cadence | Provincial/territorial rules require current SDS available to workers. Federally regulated workplaces must review/update SDS at least every 3 years if no newer version is obtainable. | Do workplace procedures meet jurisdictional rules? |
Obligations after initial supply
When significant new data affect classification or protective advice, the SDS is updated within 90 days and the label within 180 days. During the grace period, a change notice can accompany the product until the updated SDS is issued. SDS and labels are provided in English and French, with original copies and related records retained as required.
Ensure access in the company
SDS are core to worker information, instruction, and training. Make them easy to reach for supervisors and crews, in the language they use. SDS helps select controls, PPE, storage, and emergency steps. Keep them current and ensure workers know where to find them and how to use them during tasks and emergencies.
Key takeaway to stay compliant
Smoother compliance typically follows from maintaining a bilingual SDS set, tracking significant new data, meeting the 90/180-day timelines, and keeping a clear record trail for sales and imports.
Frequently asked questions (FAQ)
1. Do I have to send a new SDS with every order?
Not always. If the SDS for the same product identifier remains current, you do not need to re-send it on repeat sales. If it changes, provide the revised SDS.
2. Is a web link enough?
No. You must deliver the SDS (paper or electronic). A generic website or QR code alone is not acceptable. A directly emailed SDS is fine.
3. Do SDS need to be bilingual?
Yes. SDS and labels must be in English and French, either as one bilingual document or two parts provided together.
4. How quickly must I update after new information?
When significant new data appear, update the SDS within 90 days and the label within 180 days. You may append a change notice during the grace period.
5. Are some products excluded from WHMIS SDS and labels?
Yes. Consumer products, food, drugs, cosmetics/devices, pest control products, explosives, wood, manufactured articles, hazardous waste, tobacco, and nuclear substances are excluded at sale/import under WHMIS.
6. Do employers have to review SDS every 3 years?
For federally regulated workplaces, yes—review/update at least every 3 years if no newer supplier SDS is available. Other jurisdictions require SDS to be current and accessible; check your local rules.