Certain Products Containing Toxic Substances Regulations (SOR/2025-36)

Marginal note:Records

• 10 (1) Subject to sections 16 and 20, the following persons must maintain records:

  • (a) any person who manufactures or imports a regulated product; and

  • (b) any person who sells a regulated product for export only.

• Marginal note:Information

  (2) The records must be maintained in English or French or both languages and must contain the following information and all supporting documents:

  • (a) in the case of a manufacturer,

    • (i) the regulated product’s common or generic name and, if any, trade name and trademark,

    • (ii) the product category to which the regulated product belongs, any information establishing that the regulated product belongs to that category, the part of these Regulations that applies in respect of the product and, if the regulated product is an aerosol or liquid, or if it is in a pump-spray container, a statement to that effect,

    • (iii) the date of the regulated product’s manufacture,

    • (iv) the quantity of the regulated product manufactured at each manufacturing plant and, if applicable, the unit of measurement used to express that quantity,

    • (v) the total quantity and concentration of the toxic substance contained in the regulated product and the units of measurement used to express that quantity and concentration, and

    • (vi) if applicable, the results of any analysis conducted to determine the concentration of the toxic substance in the regulated product, either as diluted in accordance with the manufacturer’s written instructions — in the case of a product that is to be diluted — or as it is manufactured, as well as any supporting documents related to the analysis and the name and civic address of the laboratory that performed the analysis;

  • (b) in the case of an importer,

    • (i) the regulated product’s common or generic name and, if any, trade name and trademark,

    • (ii) the product category to which the regulated product belongs, any information establishing that the regulated product belongs to that category, the part of these Regulations that applies in respect of the product and, if the product is an aerosol or liquid, or if it is in a pump-spray container, a statement to that effect,

    • (iii) the date on which the regulated product was imported and the port of entry,

    • (iv) the quantity of the regulated product imported and, if applicable, the unit of measurement used to express that quantity,

    • (v) the total quantity and concentration of the toxic substance contained in the regulated product and the units of measurement used to express that quantity and concentration,

    • (vi) if applicable, the results of any analysis conducted to determine the concentration of the toxic substance in the regulated product, either as diluted in accordance with the manufacturer’s written instructions — in the case of a product that is to be diluted — or as it is manufactured, as well as any supporting documents related to the analysis and the name and civic address of the laboratory that performed the analysis,

    • (vii) the name, civic and postal addresses, telephone number and email address of the principal place of business of the shipper,

    • (viii) the Harmonized Commodity Description and Coding System number for the regulated product, as set out in the Customs Tariff, and

    • (ix) the business number assigned to the importer by the Minister of National Revenue; and

  • (c) in the case of a person who sells a regulated product,

    • (i) the regulated product’s common or generic name and, if any, trade name and trademark,

    • (ii) the quantity of the regulated product sold and, if applicable, the unit of measurement used to express that quantity, and

    • (iii) the date of sale of the regulated product.

• Marginal note:Timeline

  (3) The records must be made no later than 30 days after the day on which the information or documents become available.

• Marginal note:Retention of records

  (4) The records must be kept for a period of at least five years after the day on which they are made.