What products are exempt from the CCCR?
The Consumer Chemicals and Container Regulations (CCCR 2001) is issued under Canada’s Hazardous Products Act. As such, any product that is not subject to the Hazardous Products Act and associated regulations are exempt from the CCCR as they are governed by other pieces of legislation. Section 3.1 of the Hazardous Products Act states:
“This Part does not apply in respect of the advertising, sale or importation of any
(a) explosive within the meaning of the Explosives Act;
(b) cosmetic, device, drug or food within the meaning of the Food and Drugs Act;
(c) pest control product as defined in subsection 2(1) of the Pest Control Products Act; or
(d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive.” Furthermore Section 3.2 goes on to add that tobacco products are also exempt from the Hazardous Products act:
“This Part does not apply to the advertising, sale or importation of a tobacco product as defined in section 2 of the Tobacco Act or the advertising of lighters or matches that display a tobacco product-related brand element, except to the extent that a cigarette described in item 41 of Part I of Schedule I is a prohibited product.”
The CCCR 2001 itself lists a number of exemptions in Section 2, Subsection 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;
(d) a portable fire extinguisher that conforms with ULC-S503, ULC-S504, ULC-S507 or ULC-S512; or
(e) a container of fuel, such as gasoline, ethanol or propane, if the container is permanently attached to an internal combustion engine, a gas turbine or an appliance that uses the fuel.”
The term “reasonably foreseeable use” is potentially vague, so the CCCR reference manual provides the following guidance:
“The term “reasonably foreseeable use” means that a supplier must consider the various ways in which a product might be used by the general public, regardless of the original intent. Although consumer chemical products are
not intended to be consumed, the swallowing of a product by a child is considered to be reasonably foreseeable use.
Another example is the common consumer practice of mixing bleach with another product, such as a toilet bowl cleaner (an acid), thereby creating toxic fumes. However, intentional abuse, such as chemical substance abuse,
suicide or other criminal use, are not included within the scope of the CCCR, 2001; such uses may be subject to civil liability laws and the Criminal Code.”
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