Labelling - Packaging Consumer Products (Non-Food)

Act: Competition Act, R.S., 1985, c. C-34, s. 1;R.S., 1985, c. 19 (2nd Supp.), s. 19.;Consumer Packaging and Labelling Act, R.S.C. 1985, c. C-38
Regulation: Consumer Packaging and Labelling Regulations, C.R.C., Vol. IV, c. 417, p. 2933, as amended 

To Whom Does This Apply?

The Competition Act applies to most businesses in Canada, regardless of size.

The Consumer Packaging and Labelling Act applies to any person who is a retailer, manufacturer, processor or producer of a product, or a person who is engaged in the business of importing, packing or selling any product.

Summary

The Consumer Packaging and Labelling Act requires that prepackaged consumer products bear accurate and meaningful labelling information to help consumers make informed purchasing decisions. The Act prohibits the making of false or misleading representations and sets out mandatory label information such as the product’s name, net quantity and dealer identity. 

The following products are exempt from all requirements of the Consumer Packaging and Labelling Act and Regulations: 

• drugs and medical devices;
• commercial, industrial or institutional use only products;
• products for export only;
• products sold only to a duty-free store;
• prepackaged textile articles;
• replacement parts for consumer durables (cars, appliances) if not displayed to consumer; and
• certain artists' supplies.

The packaging and labelling requirements set out in the Consumer Packaging and Labelling Act and its Regulations (other than prepackaged products that relate to human food) are administered and enforced by the Commissioner of Competition.

The Consumer Packaging and Labelling Act prohibits the selling, importing, or advertising of any prepackaged product which does not include the following on its label:

• product identity; 
• product net quantity; and
• dealer's name and principal place of business.

The Regulations specify the manner and location in which the above-mentioned information must appear.

The product identity as well as the product net quantity must be shown in both official languages. The dealer's name and address can appear in either language. A metric net quantity declaration using metric symbols only is considered bilingual. The province of Quebec has additional requirements concerning the use of the French language on all products marketed within its jurisdiction. Information on those requirements may be obtained from the Office québécois de la langue française, 125 Sherbrooke Street West, Montréal, Quebec H2X 1X4, at (514) 873-6565.

For additional information regarding labelling requirements under the Hazardous Products Act which may apply to solvents, gasoline additives and other potentially hazardous products, please contact your nearest Health Canada,Product Safety Office.

General Exemptions

Exemption from the detailed labelling requirements
The following prepackaged products are exempt from the detailed labelling requirements: feeds, seeds, fertilizers and pest control products. To obtain information concerning the labelling requirements for these products except pest control products, please contact the Agriculture and Agri-Food Canada office in your area. For pest control products, contact the Pest Management Regulatory Agency of Health Canada in your area.

Test Market Products
Under certain conditions, products considered to be "test market products" as defined by the Regulations, may be exempted for up to one year from the bilingual labelling and standardization of container sizes requirements. In order to qualify for such an exemption the dealer who intends to conduct the test marketing must ensure that:

• the official language which appears on the product label is the mother tongue of at least 10% of the population in the area in which the product is sold;
• the official language which is excluded from the product label is the mother tongue of less than 10% of the population in the area in which the product is sold;
• the product in question has not been previously sold in Canada; 
• the product differs substantially from any other sold in Canada with respect to composition, function, state or packaging form and; 
• the existing labelling on the product complies with the detailed requirements of the legislation, except for those provisions related to bilingual labelling and container standardization.

In addition, the dealer must file a notice of intention with the Deputy Commissioner of Competition, Fair Business Practices Branch, at least six weeks prior to conducting the test marketing.

Cosmetics
Cosmetic products are subject to the requirements of the Cosmetic Regulations under the Food and Drugs Act, as well as the Consumer Packaging and Labelling Act. For further information regarding the Cosmetics Regulations, please consult the Health Canada office in your area.

Pet Foods
The Competition Bureau is responsible for the administration of the Consumer Packaging and Labelling Act and Regulations in regard to all domestic pet food products. A pet food labelling and advertising guide for dog and cat food entitled Guide for the Labelling and Advertising of Pet Foods is available on the Bureau's Web site.

For further information regarding other food products, contact the Canadian Food Inspection Agency in your area. (Note: see the document Food Labelling).

Publications available on the Competition Bureau's Web site:

• Guide to the Consumer Packaging and Labelling Act and Regulations
• Labelling Assessment Tools - which include electronic products designed to assist traders in meeting the labelling requirements for textiles and consumer packaging
• Environmental Claims: A Guide for Industry and Advertisers - addresses a number of commonly used green claims and provides examples of best practices on how such claims can be used by businesses to comply with the false or misleading provisions of the laws enforced by the Competition Bureau.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact. 

National Contact(s):
THIS CONTACT SERVES ALL REGIONS
Information Centre
Competition Bureau
Phase 1, Place du Portage
50 Victoria Street
Gatineau, Quebec  K1A 0C9
Telephone: 819-997-4282
Fax: 819-997-0324
Toll-free (information): 1-800-348-5358
TTY Toll-free (hearing impaired): 1-800-642-3844
E-mail: compbureau@cb-bc.gc.ca
Web site: http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home