Hazardous Products Regulations — 5.7
s the subject of a claim for exemption under subparagraph 11(1)(b)(iii) of the Hazardous Materials Information Review Act . Sale or importation — paragraphs 3(1)(a) to (d) or (2)(a) to (c) of Schedule 1 (7) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if (a) the first supplier is exempt from those requirements; (b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and (c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, (i) the information referred to in subsection (3) or (4) in respect of, (A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or (B) in any other case, the exemption of the first supplier, with the words “other supplier/ autre fournisseur ” in parentheses after that information, and (ii) the generic chemical name of the material, substance or ingredient as provided by the first supplier. Sale or importation — paragraph 3(2)(d) of Schedule 1 (8) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirement set out in paragraph 3(2)(d) of Schedule 1, if (a) the first supplier is exempt from that requirement; (b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and (c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(2)(d) of Schedule 1 (i) the information referred to in subsection (3) or (4) in respect of, (A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or (B) in any other case, the exemption of the first supplier, with the words “other supplier/ autre fournisseur ” in parentheses after that information, and (ii) subject to sections 4.4.1 and 4.5, the concentration of the first supplier’s hazardous product that is in the subsequent supplier’s hazardous product. Safety data sheet and label — confidential product identifier — paragraphs 3(1)(a) and 4(1)(b) (9) Paragraph 3(1)(a) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(a) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose the product identifier of a hazardous product if that information is replaced on the label and safety data sheet by: (a) the code name or code number specified by the supplier; and (b) the information referred to in subsectio