AROUND THE PROVINCES: Implementation of WHMIS 2015 Across Canada

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On Feb. 11, 2015, the federal government published the final Hazardous Products Regulations (HPR), which implement the UN’s Globally Harmonized System (GHS) for classifying and labelling chemicals. The new WHMIS, called “WHMIS 2015,” is based on the requirements contained in the HPR and the Hazardous Products Act, as amended in 2014. These new regulations directly impact manufacturers, importers and distributors of hazardous products as well as federally-regulated employers. But in terms of workplace safety, most employers in Canada are regulated by their provincial or territorial OHS laws. So until those jurisdictions amend their OHS statutes and/or regulations to reflect WHMIS 2015, those employers are still bound by the requirements under WHMIS 1988 (as the “old” WHMIS is now being called). This chart tracks the progress in each jurisdiction on making such changes and will be regularly updated.

IMPLEMENTATION OF WHMIS 2015 ACROSS CANADA.

Draft Amendments/

Regulations Released

Deadline for Comments Final Amendments/

Regulations Released

Key Compliance Dates for Employers
FED June 29, 2016: The government published in the Canada Gazette amendments to certain regulations under the Canada Labour Code to reflect WHMIS 2015. The regulation modifies the WHMIS provisions in:

> Canada Occupational Health and Safety Regulations

> Aviation Occupational Health and Safety Regulations

> On Board Trains Occupational Safety and Health Regulations

> Maritime Occupational Health and Safety Regulations

> Oil and Gas Occupational Safety and Health Regulations.

Dec. 1, 2018: Employers must comply with all requirements (but they may use WHMIS 1988 compliant products until May 31, 2019)

June 1, 2019: all hazardous products in federally-regulated workplaces must comply with WHMIS 2015

AB Nov. 3, 2014 (*based on the draft HPR) Jan. 31, 2015
BC Feb. 13, 2015 (see, proposed changes) Feb. 20, 2015 (submit comments online) Public hearing was held Feb. 20, 2015 Feb. 25, 2015 (see, approved changes to OHS Regulation) Aug. 4, 2015:  The amendments took effect

Until Nov. 30, 2018: Employers may have both WHMIS 1988 and WHMIS 2015 compliant labels and (M)SDSs in the workplace, provided they comply with both systems concurrently as to education and training

Dec. 1, 2018: Employers must comply with WHMIS 2015 and have only WHMIS 2015-compliant labels and SDSs in the workplace

MB July 31, 2015: amendments to Workplace Safety and Health Regulation take effect immediately July 31, 2015: Employers must ensure that hazardous products received have the corresponding label and MSDS/SDS and that workers are trained for the version(s) of WHMIS they’re using in their workplaces

July 2017 to Dec. 2018: Labels and MSDSs compliant with WHMIS 1988 are gradually phased out, starting with manufacturers and importers and working through to distributors, with full compliance with WHMIS 2015 at the workplace level by Dec. 2018

NB April 1, 2016: new WHMIS regulation took effect June 1, 2017: Supplier labels and SDSs from manufacturers and importers may comply with either WHMIS 1988 or WHMIS 2015 until this date

June 1, 2018: Supplier labels and SDSs from manufacturers and importers must comply with WHMIS 2015

Dec. 1, 2018: Employers must comply with WHMIS 2015 and have only WHMIS 2015-compliant labels and SDSs in the workplace

NL
NT/NU The new OHS Regulations now in effect in both territories incorporate WHMIS 2015
NS
ON Nov. 3, 2014 (see, proposed changes, which are based on the draft HPR)April 2, 2015: proposed changes to the OHS Act passed first reading (Bill 85, Schedule 4)

May 14, 2015: Bill 85 passed second reading

Dec. 19, 2014 July 1, 2016: Amendments to the OHS Act and the WHMIS Regulation that adopt WHMIS 2015 took effect Until May 31, 2018: Employers may continue to receive and use hazardous products with either the old WHMIS labels and SDSs or the new ones.

June 1, 2018 to Nov. 30, 2018: Employers must bring any hazardous products still in the workplace with the old WHMIS labels and SDSs into compliance with the new requirements.

Dec. 1, 2018: The transition to the new WHMIS labels and SDSs must be complete.

PE
QC

June 3, 2015: Bill 43 received Royal Assent and the following took effect:

> Amendments to the Act respecting occupational health and safety;

> Regulation respecting information on hazardous products; and

> Transitional provisions.

Dec. 1, 2018: Until Dec. 1, 2018 when the transition period ends, employers may have in their possession, in the workplace, products whose labelling complies with the WHMIS 1988 requirements.
SK Yes (see GHS Consultation Guide for proposed changes)  April 15, 2015 Aug. 17, 2016: Changes to the WHMIS Regulation take effect Dec. 1, 2018:

Employers must be fully compliant with the new WHMIS 2015 requirements; during the transition period, workplaces must be fully compliant with the current WHMIS or with WHMIS 2015—not both

YT Yes (see, proposed changes, which are based on the draft HPR) March 13, 2015 (submit comments online) July 14, 2015: New WHMIS regulations took effect Dec. 1, 2018: Employers have three years to be fully compliant with WHMIS 2015, which will be in full effect as of Dec. 1, 2018. But if a hazardous product labelled in accordance with WHMIS 2015 is received in the workplace, the employer must immediately comply with the worker education and training requirements.

Last Updated: Aug. 3, 2016