Hazardous Products Regulations (SOR/2015-17)

Regulations are current to 2018-07-05 and last amended on 2018-04-04. Previous Versions

Marginal note:Data available for mixture as a whole

 If data of the types referred to in subparagraphs 2.1(a)(i) to (iv) are available for the mixture as a whole, the mixture must be classified as an aspiration toxicant in accordance with section 8.10.1.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as an aspiration toxicant, in accordance with the bridging principles referred to in subsections 2.3(3) to (7), the mixture must be classified in accordance with those subsections. However, subsection 2.3(3) does not apply if the concentration of aspiration toxicant in the mixture is less than the concentration limit of 10.0%.

Marginal note:Data available for ingredients

 A mixture that contains one or more ingredients that are classified as an aspiration toxicant is classified in the category “Aspiration Hazard — Category 1” if

  • (a) the sum of the concentrations of the ingredients that are present individually at a concentration of 1.0% or more and that are classified in the category “Aspiration Hazard — Category 1” is equal to or greater than the concentration limit of 10.0% and the mixture has a kinematic viscosity less than or equal to 20.5 mm2/s, measured at 40°C; or

  • (b) it separates into two or more distinct layers, in one of which the sum of the concentrations of the ingredients that are present individually at a concentration of 1.0% or more and that are classified in the category “Aspiration Hazard — Category 1” is equal to or greater than the concentration limit of 10.0% and the kinematic viscosity of this layer, measured at 40°C, is less than or equal to 20.5 mm2/s.

SUBPART 11Biohazardous Infectious Materials

Definition

Definition of biohazardous infectious material

 In this Subpart, biohazardous infectious material means any microorganism, nucleic acid or protein that causes or is a probable cause of infection, with or without toxicity, in humans or animals.

Classification in the Category of the Class

Classification of Substances

Marginal note:Category

 A substance that is a biohazardous infectious material is classified in the category of this hazard class in accordance with the following table:

TABLE

ItemColumn 1Column 2
CategoryCriteria
1Biohazardous Infectious Materials — Category 1

A biohazardous infectious material that

  • (a) falls into Risk Group 2, Risk Group 3 or Risk Group 4, as defined in subsection 3(1) of the Human Pathogens and Toxins Act; or

  • (b) has been shown to be a cause or probable cause of infection or infection and toxicity in animals

Classification of Mixtures

Marginal note:Mixture containing more than one biohazardous infectious material

 A mixture that contains one or more ingredients that are classified as a biohazardous infectious material must be classified in accordance with section 8.11.1.

SUBPART 12Health Hazards Not Otherwise Classified

Definition

Definition of health hazard not otherwise classified

 In this Subpart, health hazard not otherwise classified means a health hazard presented by a mixture or substance that is different from any other health hazard addressed by any other Subpart in this Part and that has the characteristic of occurring via acute or repeated exposure and having an adverse effect on the health of a person exposed to it, including an injury, or resulting in the death of that person.

Classification in the Category of the Class

Classification of Substances

Marginal note:Category

 A substance that presents a health hazard not otherwise classified is classified in the category of this hazard class in accordance with the following table:

TABLE

ItemColumn 1Column 2
CategoryCriteria
1Health Hazards Not Otherwise Classified — Category 1A substance that presents a health hazard not otherwise classified

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a health hazard not otherwise classified in the category of this hazard class must proceed in accordance with the order of sections 8.12.3 and 8.12.4.

Marginal note:Data available for mixture as a whole

 If data of the types referred to in subparagraphs 2.1(a)(i) to (iv) are available for the mixture as a whole, the mixture must be classified as a health hazard not otherwise classified in accordance with section 8.12.1.

Marginal note:Data available for ingredients

 A mixture that contains one or more ingredients that are classified as a health hazard not otherwise classified at a concentration equal to or greater than the concentration limit of 1.0% is classified in the category “Health Hazards Not Otherwise Classified — Category 1”.

PART 9Consequential Amendments, Transitional Provisions, Repeals and Coming into Force

Consequential Amendments

Food and Drug Regulations

 [Amendment]

Hazardous Materials Information Review Regulations

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Hazardous Materials Information Review Act Appeal Board Procedures Regulations

 [Amendments]

 [Amendments]

 [Amendment]

Consumer Chemicals and Containers Regulations, 2001

 [Amendment]

Safety of Human Cells, Tissues and Organs for Transplantation Regulations

 [Amendment]

Transitional Provisions

Marginal note:Definitions
  •  (1) The following definitions apply in this section.

    controlled product

    produit contrôlé

    controlled product has the same meaning as in section 2 of the Hazardous Products Act as it read immediately before the day on which subsection 111(1) of the Economic Action Plan 2014 Act, No. 1 comes into force. (produit contrôlé)

    former Regulations

    règlements antérieurs

    former Regulations means the Controlled Products Regulations and the Ingredient Disclosure List as they each read immediately before the day on which these Regulations come into force. (règlements antérieurs)

  • Marginal note:Compliance — supplier

    (2) These Regulations do not apply to a supplier in respect of the sale or importation of a controlled product that is a hazardous product, as defined in section 2 of the Hazardous Products Act as enacted by subsection 111(3) of the Economic Action Plan 2014 Act, No. 1, if the supplier sells or imports the controlled product on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of sections 130, 133 and 135 of the Economic Action Plan 2014 Act, No. 1, and if the supplier would not, were the former Regulations in force at the time, be in contravention of the former Regulations.

  • Marginal note:Hazardous product that is not controlled product

    (3) These Regulations do not apply to a supplier in respect of the sale or importation of a hazardous product, as defined in section 2 of the Hazardous Products Act as enacted by subsection 111(3) of the Economic Action Plan 2014 Act, No. 1, that is not a controlled product, if the supplier sells or imports the hazardous product on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of section 130 of the Economic Action Plan 2014 Act, No. 1.

  • Marginal note:Compliance — supplier

    (4) These Regulations do not apply to a supplier to whom a controlled product that is a hazardous product, as defined in section 2 of the Hazardous Products Act as enacted by subsection 111(3) of the Economic Action Plan 2014 Act, No. 1, was sold if the supplier sells the controlled product on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of sections 131, 134 and 136 of the Economic Action Plan 2014 Act, No. 1, and if the supplier would not, were the former Regulations in force at the time, be in contravention of the former Regulations.

  • Marginal note:Hazardous product that is not controlled product

    (5) These Regulations do not apply to a supplier to whom a hazardous product, as defined in section 2 of the Hazardous Products Act as enacted by subsection 111(3) of the Economic Action Plan 2014 Act, No. 1, that is not a controlled product, was sold if the supplier sells the hazardous product on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of section 131 of the Economic Action Plan 2014 Act, No. 1.

  • Marginal note:Compliance — importation — own use in work place

    (6) These Regulations do not apply to a supplier in respect of the importation of a controlled product that is a hazardous product, as defined in section 2 of the Hazardous Products Act as enacted by subsection 111(3) of the Economic Action Plan 2014 Act, No. 1, if the supplier imports the controlled product only for use in their work place on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of sections 132, 134 and 137 of the Economic Action Plan 2014 Act, No. 1, and if the supplier would not, were the former Regulations in force at the time, be in contravention of the former Regulations.

  • Marginal note:Hazardous product that is not controlled product

    (7) These Regulations do not apply to a supplier in respect of the importation of a hazardous product, as defined in section 2 of the Hazardous Products Act as enacted by subsection 111(3) of the Economic Action Plan 2014 Act, No. 1, that is not a controlled product, if the supplier imports the hazardous product only for use in their work place on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of section 132 of the Economic Action Plan 2014 Act, No. 1.

 
Date modified: