2 [Repealed, SOR/2016-170, s. 2]
Marginal note:Exceptions — importation to bring into compliance or to export
Marginal note:Credible evidence
(2) A person who imports a chemical product or a container for a purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance with these Regulations or is being exported, as the case may be.
(3) [Repealed, SOR/2009-165, s. 3]
- SOR/2009-165, s. 3.
Hazard Category, Container and Information
Marginal note:Determination by responsible person
Marginal note:Multiple hazard categories
(2) If a chemical product and its container fall into more than one hazard category, its container must display the information that is required for every applicable hazard category.
Marginal note:Multiple sub-categories
(3) Subject to subsection (4), if a chemical product falls into more than one sub-category within a hazard category, the responsible person must classify the product in the sub-category that represents the greatest hazard within each applicable hazard category.
Marginal note:Multiple sub-categories — flammable products
(4) If a chemical product falls into both the sub-category “spontaneously combustible” and another sub-category in the hazard category “Category 3, flammable product”, it must be classified in both sub-categories.
Marginal note:Multiple routes of exposure
(5) The container of a chemical product to which an individual may be exposed by more than one route of exposure must display the required information for each route of exposure.
- SOR/2016-170, s. 8(E).
5 The responsible person must
(a) prepare and maintain all documents relating to the determinations required under subsection 4(1) and keep the documents for a period of at least three years after the day on which the chemical product or container is manufactured in Canada or the day on which it is imported; and
(b) within 15 days after receipt of a request from an inspector, provide the documents to the inspector.
- SOR/2012-71, s. 3;
- SOR/2016-170, ss. 3, 8(E).
Marginal note:Precedence of data sources
6 (1) The responsible person must determine the hazards arising from the reasonably foreseeable use of the chemical product or container from one or more of the following data sources in the following order of precedence:
(a) human experience data pertaining to the product or container;
(b) data, set out in peer-reviewed, scientific literature, from tests conducted using the product in accordance with the OECD Test Guidelines;
(c) if tests using the product have not been conducted in accordance with the OECD Test Guidelines,
(i) the peer-reviewed results of tests conducted with the product in accordance with
(ii) the peer-reviewed results of tests conducted with a chemical product that has properties similar to those of the product under examination, in accordance with
(iii) other current, peer-reviewed information about the product;
(d) if the hazards associated with the product cannot be estimated from information referred to in paragraphs (a) to (c), data with respect to the hazards associated with
(e) the results of tests conducted by the responsible person in accordance with a test methodology that conforms with good scientific practices.
Marginal note:Differing data sources
(2) In the case of differing data sources,
- SOR/2016-170, s. 8(E).
Marginal note:Leakage test
7 A container of a liquid chemical product must pass the leakage test described in Schedule 3 or an equivalent test.
Marginal note:Single-use containers
8 A single-use container must display, in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement:
“USE ENTIRE CONTENTS ON OPENING.”
“UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE.”
Marginal note:Applicable standard
9 A child-resistant container must
(a) be constructed so that it can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not supplied with the container; or
(b) meet the child test protocol requirements of one of CSA-Z76.1, ISO 8317 or 16 CFR 1700.20 or a standard that is at least equivalent.
Marginal note:Maintain characteristics
(2) The responsible person, using good scientific practices, must evaluate
(a) the compatibility of the chemical product with its child-resistant container, to determine that the chemical or physical properties of the product will not compromise or interfere with the proper functioning of the container; and
(b) the physical wear and stress factors and the force required for opening and closing the container, to determine that the proper functioning of the container will be maintained for the number of openings and closings reasonably foreseeable for the size and contents of the container.
- SOR/2016-170, s. 8(E).
Marginal note:Directions to open and close
(a) on the closure, using either or both of
(b) on the container, located after the positive instructions for the chemical product and set out in a manner that complies with requirements for a positive instruction in sections 17 to 19, subsection 24(1) and sections 25, 29 and 30.
(2) The directions for opening and, if applicable, closing a child-resistant container may be set out on the closure in only one official language if they are repeated on the container in the other official language in the manner set out in paragraph (1)(b).
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