Vol. 150, No. 14 — July 13, 2016
Registration
SOR/2016-170 June 22, 2016
CANADA CONSUMER PRODUCT SAFETY ACT
Regulations Amending the Consumer Chemicals and Containers Regulations, 2001
P.C. 2016-597 June 21, 2016
His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety Act (see footnote a), makes the annexed Regulations Amending the Consumer Chemicals and Containers Regulations, 2001.
Regulations Amending the Consumer Chemicals and Containers Regulations, 2001
Amendments
1 (1) The definition person responsible in subsection 1(1) of the English version of the Consumer Chemicals and Containers Regulations, 2001 (see footnote 1) is repealed.
(2) The definition responsable in subsection 1(1) of the French version of the Regulations is replaced by the following:
responsable
- a) S’agissant d’un produit chimique ou d’un contenant fabriqué au Canada, le fabricant;
- b) s’agissant d’un produit chimique ou d’un contenant importé, l’importateur. (responsible person)
(3) Subsection 1(1) of the English version of the Regulations is amended by adding the following in alphabetical order:
responsible person means
- (a) the manufacturer, in the case of a chemical product or container that is manufactured in Canada; and
- (b) the importer, in the case of a chemical product or container that is imported. (responsable)
(4) The table to subsection 1(2) of the Regulations is replaced by the following:
TABLE TO SUBSECTION 1(2)
Standards and Tests Referenced in These Regulations
| Item* |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 (1) |
ASTM D 56 |
ASTM Standard D 56-05(2010), entitled Standard Test Method for Flash Point by Tag Closed Cup Tester, approved May 1, 2005, published May 2005 |
50(a); 51 |
2 (2) |
ASTM D 93 |
ASTM Standard D 93-02a, entitled Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved December 10, 2002, published March 2003 |
50(b) |
3 (3) |
ASTM D 323 |
ASTM Standard D 323-06, entitled Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method), approved August 1, 2006 |
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 3828-05, entitled Standard Test Methods for Flash Point by Small Scale Closed Cup Tester, approved May 1, 2005, published May 2005 |
50(a) |
6 (6) |
16 CFR 1700.20 |
U.S. Code of Federal Regulations, Title 16: Commercial Practices, section 1700.20, entitled "Testing procedure for special packaging", revised January 1, 2008 |
9(b) |
7 (7) |
CSA B306 |
CSA Standard B306-M1977(R2013), entitled Portable Fuel Tanks for Marine Use, as amended April 1988 |
1(1) chemical product |
8 (8) |
CSA B339 |
CAN/CSA Standard B339-02, entitled Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods, as amended February 2005 |
58(2) |
9 (9) |
CSA B376 |
CSA Standard B376-M1980(R2014), entitled Portable Containers for Gasoline and Other Petroleum Fuels, published July 1980 in the English version and June 1986 in the French version |
1(1) chemical product |
10 (10) |
CSA Z76.1 |
CSA Standard Z76.1-06(R2016), entitled Reclosable child-resistant packages, published March 2006 in the English version and July 2006 in the French version |
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 Standard 8317:2003, entitled Child-resistant packaging — Requirements and testing procedures for reclosable packages, Second edition, dated April 15, 2003 |
9(b) |
13 (15) |
OECD No. 404 |
OECD Guideline for the Testing of Chemicals No. 404, entitled Acute Dermal Irritation/Corrosion, adopted April 24, 2002 |
43(2)(b) |
14 (16) |
OECD No. 405 |
OECD Guideline for the Testing of Chemicals No. 405, entitled Acute Eye Irritation/Corrosion, adopted April 24, 2002 |
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 in the English version and March 6, 1998 in the French version |
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, Fifth Revised Edition, 2009, United Nations (UN) |
48(2)(b) |
18 (18) |
ULC-S503 |
CAN/ULC-S503-05(R2010), Fourth Edition, entitled Carbon-Dioxide Fire Extinguishers, published February 28, 2005 |
1(1) chemical product |
19 (19) |
ULC-S504 |
CAN/ULC-S504-12, Third Edition, entitled Dry Chemical Fire Extinguishers, published August 14, 2002 |
1(1) chemical product |
20 (20) |
ULC-S507 |
CAN/ULC-S507-05(R2010), Fourth Edition, entitled Water Fire Extinguishers, published February 28, 2005 |
1(1) chemical product |
21 (21) |
ULC-S512 |
CAN/ULC-S512-M87(R2007), entitled Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers, as amended April 1999 |
1(1) chemical product |
|
Legend: ASTM American Society for Testing and Materials CSA Canadian Standards Association ISO International Organization for Standardization OECD Organisation for Economic Cooperation and Development ULC Underwriters’ Laboratories of Canada * The numbers in parentheses that follow the item numbers indicate the corresponding item number in the French version. |
|||
2 Section 2 of the Regulations and the heading before it are repealed.
3 (1) Paragraph 5(a) of the English version of the Regulations is replaced by the following:
- (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
(2) Paragraph 5(b) of the Regulations is replaced by the following:
- (b) within 15 days after receipt of a request from an inspector, provide the documents to the inspector.
4 (1) The portion of subsection 12(1) before paragraph (a) of the English version of the Regulations is replaced by the following:
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:
(2) Subsection 12(2) of the Regulations is replaced by the following:
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.
5 Section 38 of the Regulations is replaced by the following:
38 The manufacturing, importation, advertising or sale of a chemical product that is classified in the sub-category “very toxic” under section 33 is prohibited.
6 (1) Section 45 of the Regulations is replaced by the following:
45 The manufacturing, importation, advertising or sale of a corrosive product that is classified in the sub-category “very corrosive” under section 41 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2.
(2) The heading “Conditions for Importing, Advertising or Selling Very Corrosive Products” of the table to section 45 of the Regulations is replaced by the following:
Conditions for Manufacturing, Importing, Advertising or Selling Very Corrosive Products
(3) The portion of item 1 of the table to section 45 of the French version of the Regulations in column 2 is replaced by the following:
| Article |
Colonne 2 |
|---|---|
1 |
Le produit est sous forme de pâte ou de gel, est utilisé pour la gravure sur verre et son contenant satisfait aux exigences suivantes :
|
7 (1) Section 53 of the Regulations is replaced by the following:
53 The manufacturing, importation, advertising or sale of a flammable product that is classified in the sub-category “very flammable” under section 48 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2.
(2) The heading “Conditions for Importing, Advertising or Selling Very Flammable Products” of the table to section 53 of the Regulations is replaced by the following:
Conditions for Manufacturing, Importing, Advertising or Selling Very Flammable Products
(3) The portion of item 2 of the table to section 53 of the French version of the Regulations in column 1 is replaced by the following:
| Article |
Colonne 1 |
|---|---|
2 |
Produit qui a un retour de flamme, à l’exception de celui qui possède l’une des particularités suivantes :
|
8 The English version of the Regulations is amended by replacing person responsible with responsible person in the following provisions:
- (a) the marginal note to subsection 4(1), the portion of subsection 4(1) before paragraph (a) and subsection 4(3);
- (b) the portion of section 5 before paragraph (a);
- (c) the portion of subsection 6(1) before paragraph (a) and paragraph 6(1)(e);
- (d) the portion of subsection 10(2) before paragraph (a);
- (e) the portion of section 33 before paragraph (a);
- (f) the portion of subsection 35(1) before paragraph (a) and paragraph 35(1)(c);
- (g) subsections 36(3) and (4);
- (h) the portion of subsection 41(1) before paragraph (a);
- (i) the portion of subsection 44(1) before paragraph (a) and the portion of subsection 44(2) before paragraph (a);
- (j) subsection 48(1); and
- (k) the portion of subsection 49(2) before paragraph (a).
Coming into Force
9 These Regulations come into force on the day on which they are registered.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2016-164, Asbestos Products Regulations.
- Footnote a
S.C. 2010, c. 21 - Footnote 1
SOR/2001-269