Controlled Products Regulations (SOR/88-66)

62. A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if evidence of mutagenicity in mammalian somatic cells in vivo is obtained in a test to assess either gene mutation or chromosomal aberration carried out

• (a) in accordance with test methods described in the “Introduction to the OECD Guidelines on Genetic Toxicology Testing and Guidance on the Selection and Application of Assays” published in the Third Addendum to the OECD Guidelines for Testing of Chemicals, dated March 1, 1987; and

• (b) using testing strategies described in the Guidelines on the Use of Mutagenicity Tests in the Toxicological Evaluation of Chemicals, dated 1986, published by authority of the Minister of Health and the Minister of the Environment.

63. An untested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if it contains a product, material or substance that meets any of the criteria applicable to a pure substance or tested mixture referred to in any of sections 59 to 62 and is present at a concentration of one per cent or more.

64. An organism that has been shown to cause disease or to be a probable cause of disease in persons or animals and the toxins of that organism shall be included in Division 3 of Class D — Poisonous and Infectious Material.

65. A product, material or substance shall be included in Class E — Corrosive Material listed in Schedule II to the Act if

• (a) it corrodes SAE 1020 steel or 7075-T6 non-clad aluminum surfaces at a rate exceeding 6.25 millimetres per year at a test temperature of 55°C when tested in accordance with Test Method, Laboratory Corrosion Testing of Metals for the Process Industries, NACE Standard TM-01-69 (1976 Revision);

• (b) it is corrosive to skin when tested in accordance with OECD Test Guideline No. 404, “Acute Dermal Irritation/Corrosion”, dated May 12, 1981;

• (c) it is included in Class 8 in Part III of the Transportation of Dangerous Goods Regulations;

• (d) it is a gas included in Division 4 of Class 2 in Part III of the Transportation of Dangerous Goods Regulations;

• (e) there is evidence that it causes visible necrosis of human skin tissue; or

• (f) it is an untested mixture containing a product, material or substance that meets the criteria referred to in paragraph (b) or (e) and is present at a concentration of at least one per cent.

66. A product, material or substance shall be included in Class F — Dangerously Reactive Material listed in Schedule II to the Act if it

• (a) undergoes vigorous polymerization, decomposition or condensation;

• (b) becomes self-reactive under conditions of shock or increase in pressure or temperature; or

• (c) reacts vigorously with water to release a gas that has an LC₅₀ not exceeding 2,500 parts per million by volume of gas, when tested for four hours in accordance with OECD Test Guideline No. 403, “Acute Inhalation Toxicity”, dated May 12, 1981.