Consumer Chemicals and Containers Regulations, 2001 (SOR/2001-269)

Marginal note:Border

30 The border referred to in paragraph 29(b)

• (a) may include a series of dots or hatched lines, a difference in colour or shading of the background or some other graphic device;

• (b) must be different from any other border on the label; and

• (c) must comply with paragraph 17(b) and section 18.

Marginal note:First aid statement — order of information

31 The first aid statement must set out the following information in the following order:

• (a) the title “FIRST AID TREATMENT” and “PREMIERS SOINS”;

• (b) the words “Contains” and “Contient”;

• (c) a list of the hazardous ingredients in the chemical product, in the manner set out in section 32, in descending order of their proportions; and

• (d) the required statements of first aid treatment.

Marginal note:Hazardous ingredients

32 A hazardous ingredient referred to in paragraph 31(c) must be identified

• (a) by its chemical identity; or

• (b) in the case of a complex mixture, by its generic name.

PART 1Toxic Products

Classification of Toxic Products

Marginal note:Data sources

33 The responsible person for a toxic product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence:

• (a) human experience data pertaining to the toxic product;

• (b) in the case of a toxic product that contains a substance of special concern, the table to subsection 34(1);

• (c) in the case of a toxic product that poses a risk of exposure through an oral, a dermal or an inhalation route, the LD₅₀ or LC₅₀ or both, as the case may be, of the product as determined in accordance with the applicable table to subsections 34(2) to (4) and the data sources and formulas set out in sections 35 to 37; or

• (d) in the case of a toxic product that poses an aspiration hazard, the properties set out in subsection 34(5).

Marginal note:Sub-categories — substance of special concern

• 34 (1) A chemical product that contains a substance of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must, when introduced through a route of exposure set out in column 3, be classified in the sub-category set out in column 4.

  	Column 1	Column 2	Column 3	Column 4
  Item	Substance of special concernFootnote for TABLE TO SUBSECTION 34(1) Sub-Categories — Substance of Special Concern*	Concentration	Route of exposure	Sub-category
  1	Carbon tetrachloride	Any concentration	Oral, inhalation or aspiration	Very Toxic
  2	Diethylene glycol	5% or more	Oral	Harmful
  3	Ethyl acetate	5% or more	Oral	Harmful
  4	Ethylene glycol	(a) 5% or more but less than 10%	Oral	Harmful
  		(b) 10% or more	Oral	Toxic
  5	Hydrocyanic acid or its salts	Any concentration	Oral, dermal or inhalation	Very Toxic
  6	Methyl alcohol	1% or more and a total quantity of 5 mL or more	Oral or inhalation	Toxic
  7	Nitrobenzene	5 mg/kg or more	Oral, dermal or inhalation	Very Toxic
  8	1,1,2,2-tetrachloroethane	Any concentration	Oral, dermal or inhalation	Very Toxic
  9	1,2-dichloroethane	(a) 5% or more but less than 10%	Oral or inhalation	Harmful
  		(b) 10% or more	Oral or inhalation	Toxic
  10	1,1,1-trichloroethane	5% or more	Oral or inhalation	Harmful

  • Return to footnote ^*These substances are of special concern because standard animal tests may not reflect the actual hazard they pose to humans.

• Marginal note:Sub-categories — oral exposure

  (2) A chemical product that poses a risk to a consumer through an oral route and has an LD₅₀ set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

  	Column 1	Column 2
  Item	LD50	Sub-category
  1	not more than 50 mg/kg	Very Toxic
  2	more than 50 mg/kg but not more than 500 mg/kg	Toxic
  3	more than 500 mg/kg but not more than 2 000 mg/kg	Harmful

• Marginal note:Sub-categories — dermal exposure

  (3) A chemical product that poses a risk to a consumer through a dermal route and has an LD₅₀ set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

  	Column 1	Column 2
  Item	LD50	Sub-category
  1	not more than 200 mg/kg	Very Toxic
  2	more than 200 mg/kg but not more than 1 000 mg/kg	Toxic
  3	more than 1 000 mg/kg but not more than 2 000 mg/kg	Harmful

• Marginal note:Sub-categories — inhalation exposure

  (4) A chemical product that poses a risk to a consumer through inhalation, is in the state set out in column 1 of the table to this subsection and has a 4-hour LC₅₀ set out in column 2 must be classified in the sub-category set out in column 3.

  	Column 1	Column 2	Column 3
  Item	State of the chemical product	4-hour LC50	Sub-category
  1	Gas	(a) not more than 2 500 mL/m3	Very Toxic
  		(b) more than 2 500 mL/m3 but not more than 5 000 mL/m3	Harmful
  2	Vapour	(a) not more than 1 500 mL/m3	Very Toxic
  		(b) more than 1 500 mL/m3 but not more than 2 500 mL/m3	Toxic
  		(c) more than 2 500 mL/m3 but not more than 10 000 mL/m3	Harmful
  3	Dust, mist or fume	(a) not more than 0.5 mg/L	Very Toxic
  		(b) more than 0.5 mg/L but not more than 2.5 mg/L	Toxic
  		(c) more than 2.5 mg/L but not more than 5.0 mg/L	Harmful

• Marginal note:Sub-category — aspiration hazard

  (5) A chemical product must be classified in the sub-category “toxic” if it has a viscosity of 14 mm²/s or less at 40°C and 10% or more of the product is composed of hazardous ingredients that pose an aspiration hazard, including, in particular, any of the following substances:

  • (a) an n-primary alcohol with a composition of at least 3 carbon atoms but not more than 13;

  • (b) an isobutyl alcohol;

  • (c) a terpene alcohol;

  • (d) a ketone with a composition of at least 3 carbon atoms but not more than 13;

  • (e) a hydrocarbon with a composition of at least 3 carbon atoms but not more than 13; or

  • (f) a substance that has been determined to be an aspiration hazard based on its viscosity, surface tension and water solubility through the application of generally accepted standards of good scientific practices.

Determination of Toxicity

Marginal note:Data sources

• 35 (1) The responsible person for a toxic product must determine, from one or more of the following data sources in the following order of precedence, its toxicity or, in the case of a mixture that separates, the toxicity of each layer of the mixture:

  • (a) the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by the peer-reviewed results of acute toxicity tests using the product on animals, which tests were conducted in accordance with the OECD Test Guidelines for acute toxicity testing;

  • (b) if tests on animals using the product have not been conducted in accordance with the OECD Test Guidelines for acute toxicity testing, the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by

    • (i) peer-reviewed results of acute toxicity tests of the product or the layer, which tests were conducted on animals in accordance with

      • (A) a National Standard or an international standard recognized by the Standards Council of Canada, or

      • (B) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted,

    • (ii) if the product is a mixture that does not separate, section 36,

    • (iii) peer-reviewed results of tests of a chemical product or a substance that has similar properties to those of the product or of the layer under examination, which tests were conducted on animals in accordance with

      • (A) OECD Test Guidelines for acute toxicity testing,

      • (B) a National Standard or an international standard recognized by the Standards Council of Canada, or

      • (C) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, or

    • (iv) other current, peer-reviewed information about the product or the layer; or

  • (c) the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by the results of tests conducted with the toxic product by the responsible person in accordance with a test methodology that conforms with good scientific practices.

• Marginal note:Differing data sources

  (2) In the case of differing data sources,

  • (a) an original literature source must be used in preference to a literature source that refers to the original study; and

  • (b) a source that reports test results that conform with good scientific practices and that disclose the greatest hazard must be used.

• Marginal note:Mixture that separates

  (3) In the case of a mixture that separates, the toxic product must be assigned the LD₅₀ or LC₅₀ or both, as the case may be, of the most toxic layer.

• Definition of mixture that separates

  (4) In this section, mixture that separates means a chemical product in a liquid or semi-liquid state that separates into two or more distinct layers if left standing undisturbed for a period of 30 days at 20^oC.