Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

CPR Section 14 - [Label exemptions], Inner Containers

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Part II LABLES - Exemptions Inner Containers

Interpretation / Discussion of Section 14

Under the Act, all containers of a controlled product must be labelled. In many cases, a single product may be packaged in more than one container. For example, a powdered chemical may be packaged in a plastic bag within a small box and, during shipping and storage, many small boxes may be contained within a larger box. This section lists special circumstances under which some of these containers may be exempted from WHMIS labelling requirements.

Kits, labelling of : When there are multiple different controlled products within a single container, such as a kit, each inner container must have the appropriate WHMIS supplier label applied to it. It is recognized that the labelling requirements for the outer container containing different controlled products is a problem which may be addressed by an amendment when the CPR are reviewed in the future. In the interim, the labelling of such outer containers will be left to the discretion of suppliers; {ref.: PIS No. 32}.

Subsection 14(1) :

The phrase "but does not include the most outward container if it is the only container of the controlled product" was added to this subsection through Amendment No. 1 to the CPR.

An "outer container" is defined as the container normally visible when a controlled product is handled during transport or stored prior to use. By implication, all containers within this "outer container" are "inner containers". The exemptions from labelling requirements of outer containers provided under the conditions specified in subsection 14(2) do not apply in those circumstances where the outer container is the only container of the controlled product.

Subsection 14(2) :

There are four situations where containers of controlled products will not require WHMIS supplier labels.

Under paragraph 14(2)(a), the supplier or importer will not have to label inner containers according to the WHMIS label requirements if the following two conditions are met. First, the outer container of the product must have a WHMIS label on it and, second, the supplier must have in his/her possession a letter written by the purchaser which states that the purchaser will apply a WHMIS supplier label to the inner containers. Reference is made to paragraph 14(2)(d) in subparagraph 14(2)(a)(i) in order to prohibit a supplier from utilizing the outer container exemption in (d). This is to ensure that there is at least one WHMIS label on the controlled product. A purchaser is in no way obligated by this section to enter into such a contractual arrangement with his/her supplier.

Subparagraph 14(2)(a)(iii) provides an exemption from the WHMIS labelling requirement on the primary container where a mixture of radioactive nuclides and non-radioactive carrier materials is packaged in more than one container. Only the outermost container needs WHMIS labelling since workers will normally handle only that outer package. If in using or handling the material, the outer container is removed, then WHMIS-equivalent regulations under the Nuclear Safety and Control Act require the licensee to re-label the newly exposed container. Hence, the mixture will always bear a visible label
on its outer container.

Paragraph 14(2)(b) states that a package liner does not require a supplier label. A package liner is, for example, the plastic bag used to contain a powder within a box. As such a product would normally be kept in the box during storage and use, labelling the package liner would be unnecessary. If, however, the product is intended to be stored and used from the plastic bag alone, it would not be considered to be a package liner and would require WHMIS labelling.

Paragraphs 14(2)(c) and (d) both deal with specific circumstances whereby an outer container is exempted from WHMIS labelling. Under paragraph (c), an outer container that does not obstruct the visibility of a WHMIS label on an inner container will not require a label. For example, if several boxes of a controlled product were shrink wrapped with clear plastic to a pallet, the shrink wrapping (outer container) would not require a WHMIS label if WHMIS labels could be seen on the boxes through the plastic.

As provided for by paragraph 14(2)(d), if an outer container has a label in accordance with Transportation of Dangerous Goods Regulations (a TDG label), the outer container will not require a WHMIS label; inner containers, however, must have WHMIS labels. If a product does not have any inner containers (e.g., a drum of solvent), then this exemption is not applicable, i.e., a WHMIS supplier label must be applied to the container. The fact that a product falls within the concept of of a "limited quantity" under section 1.17 or other special provisions set out in the TDGR would not preclude the exemption afforded by paragraph 14(2)(d) of the CPR. However, given the minimal TDG labelling required for a "limited quantity", suppliers may wish to apply a WHMIS supplier label on the outer container for such products. Not all controlled products will require TDG labelling since the criteria for controlled products are broader than the criteria for products covered by TDG Regulations.