Keeping Up With the Latest WHMIS Updates

Updated February 2025

Businesses that manufacture, distribute, supply, or import hazardous products for use in a workplace in Canada must be compliant with the latest Workplace Hazardous Materials Information System (WHMIS) standards. The most recent changes came into effect in December 2022 and align with the 7^th revision and some provisions of the 8^th revision of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

WHMIS was first established in 1988 and included a variety of requirements for container labelling and the use of now-outdated material safety data sheets (MSDS). WHMIS 2015 was a major update that aligned with the 5^th revision of GHS, which introduced a variety of changes, including the implementation of standardized safety data sheets (SDS) as we know them today.

What You Should Know About WHMIS 2022

On December 15, 2022, the Hazardous Products Regulations (HPR) were amended to update WHMIS. The primary change put in place by the update is the transition from GHS revision 5 to GHS revision 7, along with including some provisions from GHS revision 8. A variety of hazard classifications have been changed, including:

Aerosols
Flammable gases
Pyrophoric Gases
Water-activated toxicants
Reproductive Toxicity

There is a 3-year transition period for these changes, ending on December 14, 2025. During that period, parties can choose to comply with either the former or amended regulations. Hazard classifications and safety data sheets must be fully compliant with the chosen version of the regulation, as opposed to picking and choosing specific provisions from each.

In May 2024, the United States followed with a similar update to the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HazCom). The HazCom update is very similar to WHMIS 2022, as both align with GHS revision 7 and some provisions of GHS revision 8.

Defining Your Means of Operation Under The Hazardous Products Act (HPA)

Ensuring that your organization meets all WHMIS requirements can be a challenge, whether creating SDSs for your own products or ensuring proper labeling and documentation in your workplace. ERA Environmental provides effective solutions for organizations no matter their role. Manufacturers can take advantage of ERA's SDS Authoring Software to create fully WHMIS-compliant SDSs. Employers of all kinds can rely on ERA's SDS Management Software to facilitate storage, versioning, access, and compliance for their SDS library both on-site and off-site.

Operators and Responsibilities Under the Hazardous Products Act

Manufacturers: A supplier who, in the course of business in Canada, manufactures, produces, processes, packages or labels a hazardous product and sells it. (Subsection 1(1) of the HPR)

Suppliers: A person who, in the course of business, sells, or imports a hazardous product. Manufacturers, importers, and distributors (of a hazardous product) are considered as “suppliers” under the HPA.

Importers: An importer is a supplier who brings a hazardous product into Canada but does not sell the product. If an importer does modify a hazardous product that they imported (for example, by repackaging or relabeling it) and subsequently sells the modified hazardous product, then the importer meets the definition of a “manufacturer” under the HPR. (Subsection 1(1) of the HPR)

Distributors: A Canadian supplier to whom a hazardous product was sold, 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 a “manufacturer” under the HPR. (Subsection 1(1) of the HPR)

Employers: Ensure that hazardous products are identified (subsection 37(1), OSHA); Obtain or prepare current SDSs for hazardous products and make those SDSs available to various parties (subsection 37(1) and section 38, OSHA and sections 8-14, WHMIS Reg.); Ensure that a worker who is exposed or likely to be exposed to a hazardous product receives instruction and training subsection 42(1), OSHA); and, assess all biological and chemical agents that the employer produces for its own use to determine if they are hazardous products (subsection 39(1), OSHA, section 3, WHMIS Reg.)

WHMIS Compliance FAQ: Supplier Concerns

If a Canadian Distributor cannot obtain a WHMIS SDS from their Vendor/Supplier, can they use an OSHA GHS SDS in its place or must they re-author?

No, the Canadian distributor must re-author a WHMIS SDS.

If the Supplier’s SDS is an OSHA GHS and the Distributor must re-author, does the Distributor add their name as Supplier or simply as Distributor?

A Canadian distributor who buys a hazardous product, re-labels the hazardous product, and then sells it is the initial supplier of the hazardous product. In this situation, the Canadian distributor must provide their name, address, and telephone number on the label and SDS.

Violations of WHMIS 2022

The full implementation of WHMIS 2022 is required by December 14, 2025 under the HPA and HPR. Violations of the WHMIS standard can result in fines of up to $1,000,000 and two years imprisonment. Similar fines and prison terms may also be handed out at the provincial level and can even lead to seizure of products and stop work orders.

Resources for WHMIS 2022 and SDS Requirements

It’s always helpful to go back to the source material when it comes to regulatory compliance. We hope the above information has been helpful in giving you a clearer picture of what Canada’s adoption of the Globally Harmonized System. If you have further questions, we recommend referring to some of these useful links:

Guidance on the WHMIS supplier requirements

Hazardous Products Regulations (HPR)