Consumer Packaging and Labelling Regulations (C.R.C., c. 417)

Standardization of Container Sizes

• 36 (1) Subject to subsection (3), a prepackaged product consisting of facial tissue, that is manufactured before January 1, 1997, may only be sold in a container whose size corresponds to a net quantity of product

  • (a) of a numerical count of less than 50;

  • (b) of a numerical count of 50, 60, 100, 120, 150 or 200; or

  • (c) of a numerical count of more than 200, if the container is of a size that corresponds to a net quantity of product that is a multiple of 100 units.

• (2) Subject to subsection (3), the net quantity of a prepackaged product referred to in subsection (1) shall be shown in terms of numerical count.

• (3) Subsections (1) and (2) do not apply in respect of a test market product as defined in subsection 6(1), if the dealer who intends to conduct the test marketing of the product has, six weeks before conducting the test marketing, filed with the Minister a notice of intention, in a form established by the Minister.

Capacity of Receptacles

• 37 (1) In this section, receptacle means a receptacle that is designed for household, camping or recreational use and includes a water tank for household use.

• (2) Subparagraph 10(b)(iii) of the Act applies to a product that is a receptacle and that is not a prepackaged product but is ordinarily sold to or purchased by a consumer in the manner described in subparagraph 18(1)(h)(i) or (ii) of the Act.

• (3) Where a dealer sells, advertises or imports into Canada a receptacle, whether or not such receptacle is a prepackaged product, and the receptacle bears a label describing its size or capacity in terms of pints, quarts or gallons, the label and any advertisement that describes its size or capacity in terms of pints, quarts or gallons shall show the size or capacity in terms of Canadian pints, quarts or gallons.

• (4) The size of type used to show the Canadian size or capacity shall be at least equal to that used to describe its size or capacity in terms of any other pints, quarts or gallons and the Canadian size or capacity shall be shown adjacent to any other description of its size or capacity.

Tolerances

• 38 (1) For the purposes of Schedule I, catch weight product means a prepackaged product that because of its nature cannot normally be portioned to a predetermined quantity and is, as a result, usually sold in varying quantities.

• (2) The prescribed tolerance for the purposes of subsection 7(3) of the Act is that set out in Column II of an item of the appropriate Part of Schedule I for the declared net quantity set out in Column I of that item.

Examination

• 39 (1) The examination of any quantity of prepackaged products that are owned by a dealer, hereinafter referred to as a lot, each unit of which purports to contain the same net quantity of product, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the declaration of net quantity, shall be made by selecting and examining a sample from the lot.

• (2) Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule II, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item and the number of the units selected shall constitute the sample referred to in subsection (1).

• (3) Where, for the purpose of determining the net quantity, other than for establishing the weight of the container, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit and the number of units selected shall constitute the sample referred to in subsection (1).

• (4) The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the declaration of net quantity where the inspector determines that

  • (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule II, is less than the declared net quantity;

  • (b) the number of units in the sample that contain less than the declared net quantity by more than the prescribed tolerance set out in Schedule I for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule II for the sample size set out in Column I thereof; or

  • (c) two or more units in the sample contain less than the declared net quantity by more than twice the prescribed tolerance set out in Schedule I for that quantity.

40 If a prepackaged product consisting of liquid is inspected, the net quantity of the prepackaged product shall be determined on the basis of the assumption that the liquid is at a temperature of 20°C (68°F).

40.1 [Repealed, SOR/89-525, s. 1]

41 to 46 [Repealed, SOR/93-287, s. 1]