Consumer Chemicals and Containers Regulations, 2001 (SOR/2001-269)

Non-application

Marginal note:Vaping products

2 These Regulations do not apply to vaping products as defined in section 2 of the Tobacco and Vaping Products Act.

General Provisions

Marginal note:Exceptions — importation to bring into compliance or to export

• 3 (1) A person may import a chemical product or container that does not comply with a requirement of these Regulations for the purpose of

  • (a) bringing the product or container into compliance with the requirement;

  • (b) reselling the product or container to a manufacturer in Canada who will bring it into compliance with the requirement; or

  • (c) exporting the product or container to another country.

• 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• (3) [Repealed, SOR/2009-165, s. 3]

Requirements

Hazard Category, Container and Information

Marginal note:Determination by responsible person

• 4 (1) The responsible person, using one or more of the applicable properties, data sources or test procedures set out in section 6 or Parts 1 to 5, must determine

  • (a) the hazard categories of the chemical product or container and, if applicable, its appropriate sub-categories;

  • (b) the type of container that is required; and

  • (c) the information that is required to be displayed on the container.

• 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.

Marginal note:Documents

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.

Data Sources

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

      • (A) these Regulations,

      • (B) a National Standard or an international standard recognized by the Standards Council of Canada, or

      • (C) a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted,

    • (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

      • (A) OECD Test Guidelines,

      • (B) a National Standard or an international standard recognized by the Standards Council of Canada, or

      • (C) a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted, or

    • (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

    • (i) the hazardous ingredients, or

    • (ii) a chemical product that has properties similar to those of the product under examination; or

  • (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,

  • (a) an original literature source must be used in preference to literature that refers to the original study; and

  • (b) a source that reports test results that conform with good scientific practices and that disclose the greatest hazard must be used.

Containers

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.”

Child-resistant Containers

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

• 10 (1) A child-resistant container must, when in contact with a chemical product, maintain its child-resistant characteristics throughout the useful life of the product.

• Marginal note:Evaluation

  (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.

Marginal note:Directions to open and close

• 11 (1) Subject to subsection (2), a child-resistant container that meets the requirements of paragraph 9(b) must display directions explaining how to open and, if applicable, to close the container

  • (a) on the closure, using either or both of

    • (i) words that comply with sections 17 to 19, or

    • (ii) a diagram or self-explanatory symbol that complies with paragraph 17(b) and section 18; or

  • (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.

• Marginal note:Exception

  (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).

Marginal note:Documents

• 12 (1) The responsible person must prepare and maintain documents containing the following information and must keep those documents for a period of at least three years after the day on which the child-resistant container is manufactured in Canada or the day on which it is imported:

  • (a) for a container that comes into direct contact with the chemical product, the specifications critical to the child-resistant characteristics of the container, which specifications must include

    • (i) the physical measurements within which the container retains its child-resistant characteristics,

    • (ii) if applicable, the torque that must be applied to open or close the container, and

    • (iii) the compatibility of the container and its closure system with the chemical product that is to be put into it; and

  • (b) the test results that demonstrate that the container and its closure system comply with the requirements of a standard set out in paragraph 9(b).

• Marginal note:Inspector’s request

  (2) The responsible person for a chemical product that is required by these Regulations to be packaged in a child-resistant container must provide an inspector with any of the documents that the inspector requests within 15 days after the day on which the request is received.

Marginal note:Child-resistant, single-use containers

13 A child-resistant, 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. THIS CONTAINER IS NOT CHILD-RESISTANT ONCE OPENED.”

“UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE. UNE FOIS OUVERT, LE CONTENANT N’EST PLUS UN CONTENANT PROTÈGE-ENFANTS.”

Marginal note:Exception — large container

14 The requirements for child-resistant containers set out in sections 9 to 13 do not apply to a container with a capacity greater than 5 L, other than the container for a chemical product that is classified in one of the following:

• (a) the hazard category “Category 4, quick skin-bonding adhesives”; or

• (b) the sub-category “very corrosive”.

• (c) [Repealed, SOR/2011-24, s. 3]

Required Information

Marginal note:Containers and packaging

• 15 (1) Subject to section 16, the information required by these Regulations must be displayed in the manner set out in these Regulations

  • (a) on each container that is displayed to the consumer, other than in an advertisement; and

  • (b) on any packaging of a container that is displayed to the consumer, including a display card to which a container may be fixed.

• Marginal note:Adaptation

  (1.1) For the purpose of the application of paragraph (1)(b), the requirements for the display of information on a container apply to the display of information on the container’s package having regard to the size of the package.

• Marginal note:Additional information

  (2) Information in addition to that required by these Regulations may be displayed on a container if it does not disclaim or contradict the required information.

Marginal note:Exemption — packaging

• 16 (1) Packaging is exempt from the requirements of paragraph 15(1)(b) if the packaging

  • (a) is transparent and

    • (i) the required information displayed on the container is legible through the packaging, and

    • (ii) the transparent packaging does not obscure any of the required information on the container; or

  • (b) is not transparent and

    • (i) encloses

      • (A) a container and a product that is not subject to these Regulations, or

      • (B) two or more containers that have different information requirements, and

    • (ii) displays the following signal word and primary hazard statement, or a statement to the same effect, in the manner set out in sections 17 to 20 and 23, subsections 24(1) and (3) and sections 25, 26 and 28:

      “CAUTION. CONTAINS PRODUCTS THAT MAY BE HARMFUL. READ WARNINGS ON EACH CONTAINER.”

      “ATTENTION. CONTIENT DES PRODUITS QUI PEUVENT ÊTRE NOCIFS. LIRE LES MISES EN GARDE SUR CHAQUE CONTENANT.”

• Marginal note:Exemption — packaging not customarily displayed

  (2) Packaging that is not customarily displayed to the consumer, such as a shipping carton, is exempt from the requirements of paragraph 15(1)(b).

Presentation of Information — Technical Specifications

Marginal note:Languages, legibility and durability

17 The information required by these Regulations to be displayed on a container must be

• (a) displayed in both official languages; and

• (b) clear and legible and remain so throughout the useful life of the chemical product, or in the case of a refillable container, throughout its useful life, under normal conditions of transportation, storage, sale and use.

Marginal note:Colour contrast

18 The colour contrast between the information and the background must be equivalent to at least a 70% screen of black on white.

Marginal note:Print — general rules

• 19 (1) If the information is set out in words, they must be printed in a standard sans serif type that

  • (a) is not compressed, expanded or decorative; and

  • (b) as illustrated in Schedule 4, has a large “x-Height” relative to the ascender or descender of the type.

• Marginal note:Measurement of height of type

  (2) The height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as “b” or “p”.