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Enabling statute: Hazardous Products Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/H-3/SOR-2001-269/129511.html
Regulation current to September 15, 2006

Consumer Chemicals and Containers Regulations, 2001

SOR/2001-269

Registration 1 August, 2001

HAZARDOUS PRODUCTS ACT

Consumer Chemicals and Containers Regulations, 2001

P.C. 2001-1343 1 August, 2001

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5a of the Hazardous Products Act, hereby makes the annexed Consumer Chemicals and Containers Regulations, 2001.

a R.S., c. 24 (3rd Supp.), s. 1

CONSUMER CHEMICALS AND CONTAINERS REGULATIONS, 2001

INTERPRETATION

Definitions

1. (1) The definitions in this subsection apply in these Regulations.

"acid reserve" « réserve acide »

"acid reserve" means the quantity of an alkali, expressed in grams of sodium hydroxide, that is required to bring 100 mL of a liquid acidic product, or 100 g of an acidic product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05. (réserve acide)

"Act" « Loi »

"Act" means the Hazardous Products Act. (Loi)

"alkali reserve" « réserve alcaline »

"alkali reserve" means the quantity of an alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of a liquid basic product, or 100 g of a basic product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid or its equivalent. (réserve alcaline)

"aspiration" « aspiration »

"aspiration" means the entry of a liquid or solid chemical product directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea or lower respiratory system. (aspiration)

"chemical product" « produit chimique »

"chemical product" means a product used by a consumer that has the properties of one or more of the following:

(a) a toxic product;

(b) a corrosive product;

(c) a flammable product; or

(d) a quick skin-bonding adhesive. (produit chimique)

"complex mixture" « mélange complexe »

"complex mixture" means a combination of chemicals that has a generic name that is not a trade name and is

(a) a substance of natural origin;

(b) a fraction obtained by a physical separation process from a substance of a natural origin; or

(c) a chemical modification of a substance of natural origin or of a fraction obtained by a physical separation process from a substance of natural origin. (mélange complexe)

"container" « contenant »

"container" means

(a) a Category 5 pressurized container that is or is likely to be used by a consumer, including an empty container, as described in Part 5;

(b) an empty container that is destined for use by a consumer to store or dispense a chemical product; or

(c) any other container that is or is likely to be used by a consumer to store or dispense a chemical product. (contenant)

"corrosive product" « produit corrosif »

"corrosive product" means a chemical product that

(a) is capable of inducing necrosis or ulceration of epithelial tissue;

(b) is capable of causing an erythema or edema of the skin, corneal or iris damage or conjunctival swelling or redness; or

(c) is identified in Part 2 as a Category 2 corrosive product. (produit corrosif)

"display surface" « aire d'affichage »

"display surface" means the portion of the surface area of a container on which the information required by these Regulations can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a container. (aire d'affichage)

"dust" « poussière »

"dust" means solid airborne particles that are mechanically generated. (poussière)

"first aid statement" « énoncé de premiers soins »

"first aid statement" means

(a) a list of the hazardous ingredients in the chemical product; and

(b) a statement of the first aid treatment to be administered to anyone who has come into contact with a chemical product, such as through ingestion, absorption or inhalation, or information that may be helpful to someone who is assisting that individual. (énoncé de premiers soins)

"flame projection" « projection de la flamme »

"flame projection" means the flame resulting from the ignition of a chemical product discharged from a spray container when tested in accordance with the procedure set out in Schedule 1. (projection de la flamme)

"flammable product" « produit inflammable »

"flammable product" means a chemical product that is capable of

(a) spontaneous combustion;

(b) becoming flammable when in contact with air; or

(c) having a flash point below 60oC or a flame projection greater than 15 cm or exhibiting a flashback. (produit inflammable)

"flashback" « retour de flamme »

"flashback" means the part of a flame projection that extends from the point of ignition back to the spray container when a chemical product is tested in accordance with the procedure set out in Schedule 1. (retour de flamme)

"flash point" « point d'éclair »

"flash point" means the minimum temperature at which a substance gives off a vapour in sufficient concentration to ignite under test conditions. (point d'éclair)

"fume" « fumée »

"fume" means solid particles in the air that are generated by condensation from the vapour of a solid material. (fumée)

"fumes" « émanations »

"fumes", in the context of the information that must be displayed on a container, means a vapour or a fume or both that may be given off by a chemical product under normal conditions of use or storage. (émanations)

"good scientific practices" « bonnes pratiques scientifiques »

"good scientific practices" means

(a) for the development of test data, conditions and procedures similar to those set out in the OECD Test Guidelines;

(b) for laboratory practices, practices similar to those set out in the OECD Principles of Good Laboratory Practice; and

(c) for human experience data, a peer-reviewed study of clinical cases. (bonnes pratiques scientifiques)

"hazard category" « catégorie de danger »

"hazard category" means a category into which a chemical product or container is classified, in particular:

(a) Category 1, toxic products set out in Part 1;

(b) Category 2, corrosive products set out in Part 2;

(c) Category 3, flammable products set out in Part 3;

(d) Category 4, quick skin-bonding adhesives set out in Part 4; and

(e) Category 5, pressurized containers set out in Part 5. (catégorie de danger)

"hazard symbol" « pictogramme de danger »

"hazard symbol" means a pictograph and its frame as set out in Schedule 2. (pictogramme de danger)

"hazardous ingredient" « ingrédient dangereux »

"hazardous ingredient" means

(a) a pure chemical product;

(b) an ingredient present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that

(i) is a chemical product,

(ii) the supplier believes on reasonable grounds may be harmful to humans,

(iii) has toxicological properties that are not known to the supplier, or

(iv) derives from a reaction between precursor constituents and the hazards associated with the chemical product are not known to the supplier; or

(c) a complex mixture present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that

(i) is a chemical product,

(ii) the supplier believes on reasonable grounds may be harmful to humans, or

(iii) has toxicological properties that are not known to the supplier. (ingrédient dangereux)

"human experience data" « données de l'expérience humaine »

"human experience data" means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted from

(a) exposure to a chemical product; or

(b) the reasonably foreseeable use of a chemical product or container by a consumer, including, in particular, the consumption of the product by a child. (données de l'expérience humaine)

"LC50" « CL50 »

"LC50" means the concentration of a substance in air that, when administered by means of inhalation over a specified length of time in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (CL50)

"LD50" « DL50 »

"LD50" means the single dose of a substance that, when administered by a defined route in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (DL50)

"main display panel" « aire d'affichage principale »

"main display panel" means the part of the display surface that is displayed or visible under normal conditions of sale to the consumer. It includes

(a) in the case of a rectangular container, the largest side of the display surface;

(b) in the case of a cylindrical container, the larger of

(i) the area of the top, or

(ii) 40% of the area obtained by multiplying the circumference of the container by the height of the display surface;

(c) in the case of a bag, the largest side of the bag; and

(d) in the case of any other container, the largest surface of the container that is not less than 40% of the display surface. (aire d'affichage principale)

"manufacturer" « fabricant »

"manufacturer" includes a packager and a labeller. (fabricant)

"mist" « brouillard »

"mist" means droplets of liquid suspended in air that are produced by the condensation of a vapourized liquid or by the dispersion of a liquid by a spray container. (brouillard)

"mixture" « mélange »

"mixture" means a combination of two or more products, materials or substances that do not undergo a chemical change as a result of their interaction. (mélange)

"National Standard" « norme nationale »

"National Standard" means a standard recognized by the National Standards System of the Standards Council of Canada. (norme nationale)

"normal atmospheric pressure" « pression atmosphérique normale »

"normal atmospheric pressure" means an absolute pressure of 101.324 kPa at 20°C. (pression atmosphérique normale)

"official languages" « langues officielles »

"official languages" means the English and French languages. (langues officielles)

"person responsible" « responsable »

"person responsible", in respect of a chemical product or container, means, if the product or container is

(a) manufactured in Canada, the manufacturer; or

(b) imported into Canada, the importer. (responsable)

"quick skin-bonding adhesive" « adhésif qui colle rapidement la peau »

"quick skin-bonding adhesive" means a Category 4 adhesive set out in Part 4 that has properties similar to an alkyl cyanoacrylate adhesive and that is capable of bonding skin with skin instantly or nearly instantly. (adhésif qui colle rapidement la peau)

"single-use container" « contenant à usage unique »

"single-use container" means a non-reclosable container whose contents are to be used in their entirety immediately after the container is opened. (contenant à usage unique)

"spray container" « contenant pulvérisateur »

"spray container" means a container that permits the dispersal of its contents in the form of a mist and includes a pressurized container and a pump-spray container. (contenant pulvérisateur)

"sub-category" « sous-catégorie »

"sub-category" means one of the following classifications within a hazard category in which a chemical product may be classified, in particular:

(a) in the case of a Category 1 toxic product, "very toxic", "toxic" and "harmful";

(b) in the case of a Category 2 corrosive product, "very corrosive", "corrosive" and "irritant"; and

(c) in the case of a Category 3 flammable product, "spontaneously combustible", "very flammable", "flammable" and "combustible". (sous-catégorie)

"toxic product" « produit toxique »

"toxic product" means a chemical product that

(a) is capable of causing a lethal effect on a human;

(b) is capable of causing a serious and irreversible but non-lethal effect on a human, such as a depressed level of consciousness, muscular weakness or paralysis, acute renal or hepatic failure, arrhythmia, hypotension, dyspnea, respiratory depression, pulmonary edema or optic neuritis; or

(c) is identified in Part 1 as a Category 1 toxic product. (produit toxique)

"vapour" « vapeur »

"vapour" means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure. (vapeur)

Table of standards and tests

(2) A standard or test set out in column 2 of the table to this subsection is referenced in these Regulations, in the provision set out in column 3, by means of the short form set out in column 1.

TABLE TO SUBSECTION 1(2)
STANDARDS AND TESTS REFERENCED IN THESE REGULATIONS

Column 1

Column 2

Column 3


Item*


Short form


Standard or test

Provision in Regulations

1.
(1)

ASTM D 56

ASTM Standard D 56-00, entitled Standard Test Method for Flash Point by Tag Closed Tester, approved August 10, 2000, published October 2000

50(a), 51

2.
(2)

ASTM D 93

ASTM Standard D 93-00, entitled Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester, approved August 10, 2000, published October 2000

50(b)

3.
(3)

ASTM D 323

ASTM Standard D 323-99a, entitled Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method), approved April 10, 1999

58(1)(a)

4.
(4)

ASTM D 1293

ASTM Standard D 1293-99, entitled Standard Test Methods for pH of Water, approved December 10, 1999

44(1)

5.
(5)

ASTM D 3828

ASTM Standard D 3828-98, entitled Standard Test Methods for Flash Point by Small Scale Closed Tester, approved November 10, 1998

50(a)

6.
(6)

16 CFR 1700.20

U.S. Code of Federal Regulations, Title 16: Commercial Practices Safety Commission, revised January 1, 2000, section 1700.20 "Testing Procedure for Special Packaging"

9(b)

7.
(7)

CSA B306

CSA Standard B306-M1977, entitled Portable Fuel Tanks for Marine Use, as amended to April 1988

2(2)(b)

8.
(8)

CSA B339

CAN/CSA Standard B339-96, entitled Cylinders, Spheres and Tubes for the Transportation of Dangerous Goods, as amended December 1999

58(2)

9.
(9)

CSA B376

CSA Standard B376-M1980, entitled Portable Containers for Gasoline and Other Petroleum Fuels, published July 1980 (reaffirmed 1992)

2(2)(b)

10.
(10)

CSA-Z76.1

CAN/CSA-Z76.1-99, entitled Recloseable Child-Resistant Packages, published January 1999

9(b)

11.
(12)

Draize Test

Draize Test, described in Methods for the Study of Irritation and Toxicity of Substances Applied Topically to the Skin and Mucous Membranes, Volume 82, The Journal of Pharmacology and Experimental Therapeutics, 1944, pages 377 to 390

43(2)(a)

12.
(13)

ISO 8317

ISO 8317, entitled Child-resistant packaging -- Requirements and testing procedures for reclosable packages, First edition, dated January 7, 1989

9(b)

13.
(15)

OECD No. 404

OECD Guideline for Testing of Chemicals No. 404, Acute Dermal Irritation/Corrosion, dated July 17, 1992

43(2)(b)

14.
(16)

OECD No. 405

OECD Guideline for Testing of Chemicals No. 405, Acute Eye Irritation/Corrosion, dated February 24, 1987

43(2)(c)

15.
(17)

OECD Principles of Good Laboratory Practice

Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, dated January 21, 1998

1(1) "good scientific practices",
44(2)(a)

16.
(14)

OECD Test Guidelines

Annex 1, entitled OECD Test Guidelines, of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, C(81)30(Final), adopted by the Council of the OECD on May 12, 1981

1(1) "good scientific practices",
6(1)(b) and (c),
35(1)(a) and (b)

17.
(11)

Test L.2

"Test L.2: Sustained combustibility test" set out in section 32.5.2 of the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, Second edition, 1995, United Nations (UN)**

48(2)(b)

18.
(18)

ULC-S503

CAN/ULC-S503-M90, Standard for Carbon Dioxide Hand and Wheeled Fire Extinguishers, as amended April, 1999

2(2)(d)

19.
(19)

ULC-S504

CAN/ULC-S504-M86, Dry Chemical and Dry Powder Hand and Wheeled Fire Extinguishers, as amended April, 1999

2(2)(d)

20.
(20)

ULC-S507

CAN/ULC-S507-92, Standard For 9 L Stored Pressure Water Type Fire Extinguishers, as amended April, 1999

2(2)(d)

21.
(21)

ULC-S512

CAN/ULC-S512-M87, Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers, as amended April, 1999

2(2)(d)

Legend:

ASTM American Society for Testing and Materials (ASTM)

CSA Canadian Standards Association International (CSA)

ISO International Organization for Standardization (ISO)

OECD Organization for Economic Cooperation and Development (OCDE)

ULC Underwriters' Laboratories of Canada (ULC)

* The numbers in parentheses that follow the item numbers indicate the item number of the standard in the French language table.

** Test L.2 in the Third revised edition, published in 1999 and available in English only, is identical to Test L.2 in the second edition.

Interpretation of "should"

(3) Where the word "should" is used in a standard or test referenced in these Regulations it is to be read as imperative, unless the context requires otherwise.

Units of measure

(4) The symbol set out in column 1 of the table to this subsection represents the unit of measure set out in column 2.

TABLE TO SUBSECTION 1(4)
UNITS OF MEASURE

Column 1

Column 2

Item

Symbol

Unit of measure

1.

°C

degree Celsius

2.

cm

centimetre

3.

cm2

square centimetre

4.

g

gram

5.

g/m2

grams per square metre

6.

kg

kilogram

7.

kPa

kilopascal

8.

L

litre

9.

mg/kg

milligrams per kilogram

10.

mg/L

milligrams per litre

11.

mg/m3

milligrams per cubic metre

12.

mm

millimetre

13.

mm2/s

square millimetres per second

14.

N

newton

Concentration

(5) In these Regulations, unless otherwise specified, when a concentration of a substance is expressed as a percentage, the percentage represents the ratio of the weight of the substance to the weight of the chemical product.

GENERAL PROVISIONS

Authorized advertising, sale and importation

2. (1) Subject to subsection (2) and section 3, the advertising, sale and importation of a chemical product or a container is permitted only if the product or container meets all the applicable requirements of these Regulations.

Exceptions

(2) These Regulations do not apply to

(a) a chemical product if a user cannot be exposed to the product or to any of its hazardous ingredients during reasonably foreseeable use;

(b) a portable petroleum container that conforms with CSA B306 or CSA B376;

(c) a lighter; or

(d) a portable fire extinguisher that conforms with ULC-S503, ULC-S504, ULC-S507 or ULC-S512.

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.

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.

Subsection 29(2) of the Act applies

(3) For greater certainty, subsection 29(2) of the Act applies to the exceptions set out in subsection (1).

REQUIREMENTS

Hazard Category, Container and Information

Determination by person responsible

4. (1) The person responsible, 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.

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.

Multiple sub-categories

(3) Subject to subsection (4), if a chemical product falls into more than one sub-category within a hazard category, the person responsible must classify the product in the sub-category that represents the greatest hazard within each applicable hazard category.

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.

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.

Record keeping and provision

5. The person responsible must

(a) keep or cause to be kept, for a period of at least three years after the date of manufacture or importation of a chemical product or container, all records relating to the determinations required under subsection 4(1); and

(b) within 15 days after receipt of a request from an inspector, provide the records referred to in paragraph (a) to the inspector.

Data Sources

Precedence of data sources

6. (1) The person responsible 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 person responsible in accordance with a test methodology that conforms with good scientific practices.

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

Leakage test

7. A container of a liquid chemical product must pass the leakage test described in Schedule 3 or an equivalent test.

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

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.

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.

Evaluation

(2) The person responsible, 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.

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.

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).

Record keeping

12. (1) The person responsible must keep or cause to be kept, for a period of at least three years after the date of manufacture or importation, the following information:

(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).

Provision of information to inspector

(2) Within 15 days after receipt of a request from an inspector, the person responsible for a chemical product that is required by these Regulations to be packaged in a child-resistant container must provide the information referred to in subsection (1) to the inspector.

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."

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";

(b) the sub-category "very toxic"; or

(c) the sub-category "very corrosive".

Required Information

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.

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.

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."

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

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) set out in a manner that is clear and legible and sufficiently durable to remain legible throughout the useful life of the chemical product or, in the case of a refillable container, the useful life of the container, under normal conditions of transportation, storage, sale and use.

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.

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 body size or "x-Height" relative to the ascender or descender of the type.

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".

Print -- upper-case letters

20. The following information must be printed

(a) in upper-case letters

(i) the signal word,

(ii) the primary hazard statement, and

(iii) the specific hazard statement; and

(b) in bold-faced, upper-case letters, the titles "FIRST AID TREATMENT" and "PREMIERS SOINS".

Hazard symbol -- reproduction

21. The hazard symbol must be an exact reproduction of the applicable symbol depicted in Schedule 2, except with respect to size and colour.

Hazard symbol -- minimum diameter

22. The hazard symbol must, when the main display panel has the area set out in column 1 of the table to this section, have a diameter at least as large as that set out in column 2.

TABLE TO SECTION 22
MINIMUM DIAMETER OF THE HAZARD SYMBOL

Column 1

Column 2

Item

Area of the main display panel

Minimum diameter of the hazard symbol

1.

less than 9.5 cm2

6 mm

2.

9.5 cm2 or more but
less than 655 cm2

the diameter of an imaginary circle that has an area equal to 3% of the main display panel*

3.

655 cm2 or more

50 mm

*

Alternatively, this diameter may be calculated by multiplying the square root of the area in cm2 of the main display panel by 1.95.

Signal word -- height

23. The height of the signal word must be at least one quarter of the minimum diameter of a hazard symbol determined in accordance with section 22.

Other information -- height and body size

24. (1) Subject to subsection (3), when the main display panel has an area set out in column 1 of the table to this subsection, the following information must be in type that is at least the height set out in column 2 and at least the body size set out in column 3:

(a) the primary hazard statement;

(b) the specific hazard statement;

(c) the positive and negative instructions; and

(d) the titles "FIRST AID TREATMENT" and "PREMIERS SOINS".

TABLE TO SUBSECTION 24(1)
MINIMUM HEIGHT AND BODY SIZE OF TYPE

Column 1

Column 2

Column 3

Item

Area of the main display panel

Minimum height of type

Minimum body size of type

1.

less than 100 cm2

2 mm

6 point

2.

100 cm2 or more but less than 330 cm2

3 mm

8 point

3.

330 cm2 or more

4 mm

12 point

First aid statement -- height and body size

(2) Subject to subsection (3), the first aid statement, except for the titles "FIRST AID TREATMENT" and "PREMIERS SOINS", must be in type that has a minimum height of 2 mm and a minimum body size of 6 points.

Exception -- quick skin-bonding adhesive

(3) In the case of a quick skin-bonding adhesive referred to in Part 4, when the main display panel of the container has an area set out in column 1 of the table to this subsection, the primary hazard statement, the titles "FIRST AID TREATMENT" and "PREMIERS SOINS" and the first aid statement must be in type that is at least the height set out in column 2 and at least the body size set out in column 3.

TABLE TO SUBSECTION 24(3)
MINIMUM HEIGHT AND BODY SIZE OF TYPE -- QUICK SKIN-BONDING ADHESIVE

Column 1

Column 2

Column 3

Item

Area of the main display panel

Minimum height of type

Minimum body size of type

1.

less than 10 cm2

1.5 mm

4.5 point

2.

10 cm2 or more but less than 35 cm2

2 mm

6 point

Location and Order -- General Rule

Location and order

25. (1) The information required by these Regulations must be displayed on the container at the following locations and in the following order:

(a) on the main display panel,

(i) a hazard symbol,

(ii) the signal word "EXTREME DANGER", "DANGER" or "CAUTION", as the case may be, and

(iii) the primary hazard statement; and

(b) on any part of the display surface,

(i) the specific hazard statement,

(ii) negative instructions,

(iii) positive instructions, and

(iv) the first aid statement.

Exemption -- small container

(2) Despite subsection (1) and subject to Part 4, if the main display panel of a container has an area of

(a) less than 35 cm2, only the hazard symbol and the signal word need be displayed; or

(b) 35 cm2 or more but less than 70 cm2 and more than one hazard symbol is required, the required negative and positive instructions, other than the positive instructions referred to in subsection 11(2), may be omitted.

Location on Main Display Panel

Location of hazard symbol, signal word and primary hazard statement

26. (1) The information referred to in paragraph 25(1)(a) must be located as follows:

(a) below the common name or brand name of the chemical product;

(b) centred parallel to and near the base of the main display panel; and

(c) subject to subsection (3), immediately below one another.

Base of collapsible tube

(2) For the purpose of paragraph (1)(b), the base of the main display panel of a collapsible tube is the end from which the chemical product is discharged.

Exception -- short, wide containers

(3) If the main display panel has a height that is less than 10 cm and a width that is at least twice the height, the signal word may be located immediately beside the hazard symbol instead of below it.

Multiple hazard symbols

27. If more than one hazard symbol is required, the symbols must be grouped immediately beside each other in a row parallel to the base of the container.

Precedence among signal words

28. If these Regulations require that more than one signal word be displayed on a container, only the signal word that discloses the greatest hazard must be displayed on the container.

Location of Other Hazard Information

Location of specific hazard statement, instructions and first aid statement

29. The information referred to in paragraph 25(1)(b) must be

(a) left justified; and

(b) enclosed within a border that demarcates the information from other information displayed on the display surface.

Border

30. The border referred to in paragraph 29(b)

(a) may include a series of dots or hatched lines, a difference in colour or shading of the background or some other graphic device;

(b) must be different from the label border described in Schedule III to the Controlled Products Regulations and from any other border on the label; and

(c) must comply with paragraph 17(b) and section 18.

First aid statement -- order of information

31. The first aid statement must set out the following information in the following order:

(a) the title "FIRST AID TREATMENT" and "PREMIERS SOINS";

(b) the words "Contains" and "Contient";

(c) a list of the hazardous ingredients in the chemical product, in the manner set out in section 32, in descending order of their proportions; and

(d) the required statements of first aid treatment.

Hazardous ingredients

32. A hazardous ingredient referred to in paragraph 31(c) must be identified

(a) by its chemical identity; or

(b) in the case of a complex mixture, by its generic name.


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