With the transition to the Hazardous Products Regulations (HPR), many companies assumed that the long-standing requirement to update Safety Data Sheets (SDSs) every three years had disappeared entirely. While it is true that the federal rule changed, the reality across Canada is a bit more nuanced.
Under the previous WHMIS 1988 system, the ‘three year rule’ required that SDSs be updated every three years regardless of new information. Under current regulations, this automatic update requirement has been repealed, and updates are now triggered by significant new data or changes in hazard classification.
Under the Hazardous Products Regulations, which implement the Workplace Hazardous Materials Information System (WHMIS) through the Hazardous Products Act (HPA), the previous requirement for automatic three-year SDS updates was repealed. Instead, the regulations now focus on new and emerging information.
Suppliers of chemical products and chemicals are required to update a safety data sheet (SDS) when they become aware of significant new data that could impact the GHS hazard classification or safe handling of the product. When such information becomes available, the SDS must be updated within 90 days.
This shift moved the federal framework away from a routine update schedule and toward a data-driven approach. However, workplace safety legislation in Canada is governed at the provincial and territorial level, and not all jurisdictions fully aligned their requirements after the federal change. Rules can differ between jurisdictions, which may impact multinational companies managing hazardous products sold across Canada.
Several provinces and territories retained language originating from the earlier Controlled Products Regulations (CPR) era that still requires SDS verification on a three-year basis. In these jurisdictions, employers must make reasonable efforts to obtain an updated SDS or confirmation that the existing SDS is still current.
The jurisdictions where employers must obtain an updated SDS every three years include the following jurisdictions:
- British Columbia
- Saskatchewan
- Nova Scotia
- Newfoundland and Labrador
- Yukon,
- Northwest Territories
- Nunavut
As a result, many organizations continue to follow a three-year SDS review cycle even though the federal rule no longer mandates it. There are several practical reasons for this approach. Customers operating in those jurisdictions often request updated documentation to meet their employer obligations. Maintaining a regular review cycle can also prevent procurement delays or rejection during supplier qualification processes. In addition, periodic SDS reviews demonstrate regulatory due diligence and strong product stewardship practices. This approach helps ensure full compliance with both federal and provincial regulations.
For companies managing Canadian SDS compliance today, a practical approach involves two key actions.
First, update SDSs immediately when significant new hazard information becomes available, as required under the HPR.
Second, conduct periodic reviews of SDSs, often on a three-year cycle, to ensure documents remain accurate and to support customers who must meet provincial or territorial requirements. These reviews help organizations stay aware of key changes and major changes in SDS requirements. SDSs must be provided in both official languages of Canada, English and French, either as a bilingual document or as two separate documents.
A common misconception within regulatory teams is that if there is no significant new data, there is no reason to update the SDS. While that assumption aligns with the federal regulation, it does not fully account for the obligations that employers face in certain Canadian jurisdictions. Updates may also be required if there are changes to the classification rules, the introduction of a new category or a new physical hazard class such as chemicals under pressure.
Understanding the difference between federal supplier requirements and provincial employer obligations is essential for maintaining smooth compliance and avoiding unnecessary disruptions in the Canadian market.
For more details and information, please feel free to contact Dell Tech Laboratories.
