General guidelines on the 3-year rule for the provinces of
British Columbia, Saskatchewan, Yukon, NWT and Nunavut
What this means for a supplier
SDSs are required to be accurate at the time of sale or import. An SDS needs to be updated when the supplier becomes aware of any "significant new data". This means the SDS must be updated by the supplier when new information changes how the hazardous product is classified. Or if there are changes in the way you are to handle or store the product or as to how you should protect yourself from the hazards of the product. Update the SDS within 90-days of significant new data becoming available. In the case of suppliers the 3-year update rule has been removed.
What this means for an employer
Employers need to do their due diligence to ensure no SDS is more than three years old. Chemicals are constantly being studied and new information can affect the health and safety of information on the SDS. Even if their ingredients of the product have not changed other important information may have changed (i.e transportation). When an SDS is 3-years old, an employer must obtain an up-to-date SDS from the supplier. If no update is available as an employer you will need to get a written confirmation that the SDS hasn't changed. Employers can add any significant new data to the existing SDS about the hazardous product that they are aware of.
Please consult the provincial legislation below for more details.
