Are there any exemptions under the CCCR?

There are a number of classes of products that are not required to have their labels be CCCR compliant in Canada.

The first set of products are those which are given an exemption undersection 3 of the Hazardous Products Act. They are as follows:

- cosmetics

- drugs

- explosives

- food

- medical devices

- nuclear substances

- pest control products

- tobacco products

Section 2 of the CCCR-2001 lists 3 classics of products that arespecifically exempt because they follow under other regulations:

- portable petroleum containers

- lighters

- fire extinguishers.

Under section 2, products are also exempt if there is no reasonableexpectation that the consumer could be exposed to the hazardous chemicalsinside.

Finally, products are excluded if they are used exclusively in theworkplace, as workplace chemicals are governed under WHMIS. Note thatif a product is available for sale to the general public, then it must meetthe CCCR-2001 requirements, even if it is primarily used in a workplacesetting. The Health Canada Guide to the CCCR-2001 notes that "[s]tatementssuch as "For Industrial Use Only" on the label do not remove consumerproducts from the requirements of the CCCR-2001."

WHMIS MSDS

One question we are often asked at Nexreg is "if I have a Canadian WHMIS MSDS prepared, do I need to have it in both French and English?" To answer that, let's look at the regulations.

Section 24(2) of Canada's Controlled Products Regulations states:"Where a supplier transmits a material safety data sheet in respect of a controlled product, the information shall be disclosed on the material safety data sheet in English or in French, or both, in accordance with the request of the person to whom the controlled product is sold or, where the person does not specify the language in which the information shall be transmitted, the information shall be transmitted in English or in French, whichever is used in the course of the sale between the supplier and the person."In practical terms, a supplier needs to have MSDSs prepared in both English and French by the time they begin selling in Canada, as they need to have both of these MSDSs available upon request.For the WHMIS supplier label, the required information needs to be presented in both English and French - no exceptions. The English and French text can be in the same WHMIS border or within two separate WHMIS borders, but if the latter, the hazard symbols must also appear in both WHMIS borders.