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Version of document from 2018-04-04 to 2020-03-17:

Hazardous Products Regulations

SOR/2015-17

HAZARDOUS PRODUCTS ACT

Registration 2015-01-30

Hazardous Products Regulations

P.C. 2015-40 2015-01-29

Whereas, pursuant to section 19Footnote a of the Hazardous Products ActFootnote b, the Minister of Health has consulted with the government of each province and with the organizations representative of workers, organizations representative of employers and organizations representative of suppliers that the Minister considers appropriate;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 15(1)Footnote c of the Hazardous Products ActFootnote b, makes the annexed Hazardous Products Regulations.

PART 1Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Hazardous Products Act. (Loi)

    aerosol dispenser

    aerosol dispenser means a non-refillable receptacle made of metal, glass or plastic and containing a gas that is compressed, liquefied or dissolved under pressure, with or without a liquid, foam, mousse, paste, gel or powder, and fitted with a release device allowing the contents to be ejected in the form of solid or liquid particles in suspension in a gas, as a foam, mousse, paste, gel or powder or in a liquid or gaseous state. (générateur d’aérosol)

    ATE

    ATE means an acute toxicity estimate, and includes the LD50 and the LC50, and the acute toxicity point estimate determined in accordance with the table to section 8.1.7. (ETA)

    CAS registry number

    CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS)

    chemical name

    chemical name means a scientific designation of a material or substance that is made in accordance with the rules of nomenclature of either the Chemical Abstracts Service, a division of the American Chemical Society, or the International Union of Pure and Applied Chemistry, or a scientific designation of a material or substance that is internationally recognized and that clearly identifies the material or substance. (dénomination chimique)

    flash point

    flash point means the lowest temperature, corrected to the standard pressure of 101.3 kPa, at which the application of an ignition source causes the vapours of a liquid to ignite. (point d’éclair)

    gas

    gas means a mixture or substance that

    • (a) at 50°C has an absolute vapour pressure of greater than 300 kPa; or

    • (b) is completely gaseous at 20°C and at the standard pressure of 101.3 kPa. (gaz)

    GHS

    GHS means the United Nations document entitled Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Fifth Revised Edition. (SGH)

    hazardous ingredient

    hazardous ingredient means an ingredient in a mixture that, when evaluated as an individual substance, is classified in a category or subcategory of a health hazard class. (ingrédient dangereux)

    hazard statement

    hazard statement means a phrase assigned to a category or subcategory of a hazard class or, in the case of column 5 of Parts 4 to 6 of Schedule 5, the required statement that describes the nature of the hazard presented by a hazardous product. (mention de danger)

    initial boiling point

    initial boiling point means the temperature of a liquid at which its vapour pressure is equal to the standard pressure of 101.3 kPa, i.e., the temperature at which the first gas bubble appears. (point d’ébullition initial)

    initial supplier identifier

    initial supplier identifier means the name, address and telephone number of

    • (a) the manufacturer; or

    • (b) the importer of the hazardous product who operates in Canada. (identificateur du fournisseur initial)

    LC50

    LC50 means the concentration of a mixture or substance in air that causes the death of 50.0% of a group of test animals. (CL50)

    LD50

    LD50 means the single dose of a mixture or substance that, when administered by a particular exposure route in an animal study, is expected to cause the death of 50.0% of a given animal population. (DL50)

    liquid

    liquid means a mixture or substance that

    • (a) at 50°C has a vapour pressure of 300 kPa or less;

    • (b) is not completely gaseous at 20°C and at the standard pressure of 101.3 kPa; and

    • (c) has a melting point or initial melting point of 20°C or less at the standard pressure of 101.3 kPa or, in the case of a mixture or substance for which neither can be determined, is shown

      • (i) to be a liquid as a result of the ASTM International method ASTM D4359-90, entitled Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, as amended from time to time, or

      • (ii) to not be pasty as a result of the test for determining fluidity (penetrometer test), referred to in section 4 of chapter 3 of Part 2, numbered 2.3.4, of Annex A of the European Agreement Concerning the International Carriage of Dangerous Goods by Road, as amended from time to time. (liquide)

    Manual of Tests and Criteria

    Manual of Tests and Criteria means the United Nations document entitled Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, as amended from time to time. (Manuel d’épreuves et de critères)

    manufacturer

    manufacturer means a supplier who, in the course of business in Canada, manufactures, produces, processes, packages or labels a hazardous product and sells it. (fabricant)

    OECD

    OECD means the Organisation for Economic Co-operation and Development. (OCDE)

    outer container

    outer container means the most outward container of a hazardous product that is visible under normal conditions of handling, but does not include the most outward container if it is the only container of the hazardous product. (contenant externe)

    pictogram

    pictogram means a graphical composition that includes a symbol along with other graphical elements, such as a border or background colour. (pictogramme)

    precautionary statement

    precautionary statement means a phrase that describes the recommended measures to take in order to minimize or prevent adverse effects resulting from exposure to a hazardous product or resulting from improper storage or handling of a hazardous product. (conseil de prudence)

    product identifier

    product identifier means, in respect of a hazardous product, the brand name, chemical name, common name, generic name or trade name. (identificateur de produit)

    risk group classification

    risk group classification means, in relation to the “Biohazardous Infectious Materials” health hazard class, classification in Risk Group 2, Risk Group 3 or Risk Group 4 as defined in subsection 3(1) of the Human Pathogens and Toxins Act. (classification par groupe de risque)

    SADT

    SADT or self-accelerating decomposition temperature means the lowest temperature at which self-accelerating decomposition occurs. (TDAA ou température de décomposition autoaccélérée)

    scientifically validated method

    scientifically validated method means, in relation to a hazard, a method that specifies standards for the evaluation of that hazard and whose results are accurate and reproducible, in accordance with established scientific principles. (méthode validée sur le plan scientifique)

    signal word

    signal word means, in respect of a hazardous product, the word “Danger” or “Warning” that is used to alert the reader to a potential hazard and to indicate its severity. (mention d’avertissement)

    solid

    solid means a mixture or substance that is not a liquid or gas. (solide)

    United Nations Model Regulations

    United Nations Model Regulations means the United Nations document entitled Recommendations on the Transport of Dangerous Goods: Model Regulations, as amended from time to time. (Règlement type des Nations Unies)

    UN number

    UN number means the four-digit identification number issued in accordance with the United Nations Model Regulations. (numéro ONU)

    vapour

    vapour means the gaseous form of a mixture or substance released from its liquid or solid state. (vapeur)

    work place

    work place means a place where a person works for remuneration. (lieu de travail)

  • Marginal note:Reference to hazard class

    (2) In these Regulations, a reference to a hazard class is to be read as a reference to a hazard class that is listed in Schedule 2 to the Act.

  • Marginal note:Health professionals

    (3) For the purposes of Parts 5 and 6, health professionals are

    • (a) physicians who are registered, and entitled under the laws of a province to practise medicine and who are practising medicine under those laws in that province; and

    • (b) nurses who are registered or licensed, and entitled under the laws of a province to practise nursing and who are practising nursing under those laws in that province.

  • Marginal note:Interpretation of “should”

    (4) When the word “should” is used in a text that is referenced or incorporated by reference in these Regulations, it is to be read as imperative, unless the context requires otherwise.

PART 2Classification of a Product, Mixture, Material or Substance

General

Marginal note:Order of decreasing severity

  •  (1) In each Subpart of Parts 7 and 8, the categories and subcategories in each of the classification tables to those Subparts are set out in the order of the hazard’s decreasing severity, except for the categories of the classification table to Subpart 5 of Part 7.

  • Marginal note:Evaluation — more severe hazard

    (2) If a product, mixture, material or substance has been evaluated in accordance with the criteria and requirements of a category or subcategory of a hazard class that represents the more severe hazard in a classification table compared to another category or subcategory of that hazard class in the same classification table and is classified in that category or subcategory, the product, mixture, material or substance need not be evaluated in respect of a category or subcategory of the same classification table of the same hazard class that represents a less severe hazard.

  • Marginal note:Prescribed classification

    (3) Subject to subsections (4) and (5), any product, mixture, material or substance for which classification in a category or subcategory of a hazard class is prescribed in Schedule 4 is classified in that category or subcategory. The product, mixture, material or substance must also be evaluated in accordance with section 2.1, 2.2 or 2.7 in respect of each of the categories or subcategories of the other hazard classes.

  • Marginal note:Ingredient — more severe hazard

    (4) If a product, mixture, material or substance is one for which classification in a category or subcategory of a hazard class is prescribed in Schedule 4, and if it has been mixed with one or more ingredients that are classified in a category or subcategory of the same classification table of the same hazard class that represents a more severe hazard, the mixture as a whole must be classified in the category or subcategory that represents the more severe hazard.

  • Marginal note:Prescribed classification — Subpart 1, 4, 7 or 8 of Part 8

    (5) A mixture, material or substance — for which classification in a category or subcategory of a classification table of a hazard class set out in Subpart 1, 4, 7 or 8 of Part 8 is prescribed in Schedule 4 — must also be evaluated in accordance with section 2.1 or 2.2, in the case of Subpart 1, 4 or 7 of Part 8, in respect of each of the categories or subcategories of the other classification tables of the same hazard class, and in the case of Subpart 8 of Part 8, in respect of each of the categories of the same classification table.

  • Marginal note:Impurities, stabilizing solvents and stabilizing additives — substance

    (6) Any impurities, stabilizing solvents or stabilizing additives that are known to the supplier to be present in a substance and that are classified must be considered for the purpose of classification of the substance if they are present at a concentration above the concentration limit for an ingredient in a mixture set out in a particular category or subcategory of any hazard class.

  • Marginal note:Impurities, stabilizing solvents and stabilizing additives — mixture

    (7) Any impurities, stabilizing solvents or stabilizing additives that are known to the supplier to be present in a mixture and that are classified must be considered for the purpose of classification of the mixture if they are present at a concentration above the concentration limit for an ingredient in a mixture set out in a particular category or subcategory of any hazard class.

  • Marginal note:Individually packaged in outer container

    (8) If two or more different and individually packaged products, mixtures, materials or substances, designed to be accessed individually, are packaged together in an outer container for sale or importation, the assemblage of the products, mixtures, materials and substances in the outer container must not be considered as a single product for the purpose of classification, as each product, mixture, material or substance is subject to the classification provisions of this Part.

  • Marginal note:Animal data — not relevant to humans

    (9) Animal data that demonstrate conclusively, based on established scientific principles, that the mechanism or mode of action of the substance or mixture in animals is not relevant to humans must not be used for the purpose of classifying a substance or mixture in any of the health hazard classes referred to in Subparts 1 to 10 and 12 of Part 8.

Material or Substance

Marginal note:Classification — material or substance

 Subject to sections 2.8 and 2.9, for the purpose of establishing whether a material or substance is classified in a category or subcategory of a hazard class, the material or substance must be evaluated in accordance with established scientific principles, with respect to the criteria and requirements of each category or subcategory of the hazard class as set out in Parts 7 and 8, using available data of the following types, as applicable:

  • (a) in relation to the material or substance itself,

    • (i) results of testing or studies carried out in accordance with the test methods referred to in Part 7 or 8,

    • (ii) results of testing or studies carried out in accordance with generally accepted standards of good scientific practice at the time the test or study was carried out,

    • (iii) conclusions based on established scientific principles, and

    • (iv) case reports or documented observations; and

  • (b) except for Subparts 2 and 3 of Part 8, if the data of the types referred to in paragraph (a) are insufficient to evaluate the material or substance in accordance with the criteria and requirements set out in Parts 7 and 8, in relation to a material or substance that has similar properties,

    • (i) results of testing or studies carried out in accordance with the test methods referred to in Part 7 or 8,

    • (ii) results of testing or studies carried out in accordance with generally accepted standards of good scientific practice at the time the test or study was carried out,

    • (iii) conclusions based on established scientific principles, and

    • (iv) case reports or documented observations.

Mixture

Classification

Marginal note:Part 7

  •  (1) Subject to section 2.8, for the purpose of establishing whether a mixture is classified in a category or subcategory of a physical hazard class, the mixture must be evaluated, in respect of each category or subcategory of each physical hazard class, using data of the types referred to in subparagraphs 2.1(a)(i) to (iv) in relation to the mixture or, if the data of those types are insufficient to evaluate the mixture in accordance with the criteria and requirements set out in Part 7, using data of the types referred to in subparagraphs 2.1(b)(i) to (iv) in relation to a mixture with similar properties.

  • Marginal note:Part 8

    (2) Subject to section 2.9, for the purpose of establishing whether a mixture is classified in a category or subcategory of a health hazard class, the mixture must be evaluated, in respect of each category or subcategory of each health hazard class, using data of the types referred to in subparagraphs 2.1(a)(i) to (iv), in relation to the ingredients, the mixture as a whole or a mixture with similar properties, following the order of the provisions, in relation to mixtures, as presented in each Subpart of Part 8.

  • Marginal note:Part 8 — order of provisions

    (3) When following the order of the provisions in accordance with subsection (2), the mixture must be classified in accordance with the first provision that permits its classification. Once the mixture is classified, the provisions that follow within the same Subpart in relation to mixtures do not apply, except in the case of Subparts 1, 4, 7 and 8 of Part 8.

Bridging Principles

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    production batch

    production batch means a batch that results from a consistent production process using fixed physico-chemical parameters when there is no intention to alter the characteristics of the final product. (lot de fabrication)

    tested

    tested refers to a mixture for which there are data of a type referred to in subparagraph 2.1(a)(i), (ii) or (iv). (testé)

  • Marginal note:Application of bridging principles

    (2) In the case of the health hazard classes set out in Subparts 1 to 10 of Part 8, the bridging principles set out in subsections (3) to (8) must be applied if there is an indication to that effect.

  • Marginal note:Dilution

    (3) If a tested mixture that is classified in a category or subcategory of a health hazard class set out in Subparts 1 to 10 of Part 8 is diluted with a diluent, the following applies provided that the diluent is a mixture or substance that, with respect to that health hazard class, has an equivalent or less severe hazard classification than the least hazardous ingredient of the tested mixture and, based on established scientific principles, does not affect the classification of the tested mixture:

    • (a) in the case of a tested mixture that is classified in a category or subcategory of a health hazard class set out in Subparts 1 to 3 of Part 8, either the method referred to in section 8.1.5, 8.2.11 or 8.3.11, as the case may be, must be used to establish whether the diluted mixture must be classified in a category or subcategory of a hazard class, or the diluted mixture must be classified in the same category or subcategory of the health hazard class as the tested mixture; or

    • (b) in all other cases, the diluted mixture must be classified in the same category or subcategory of the health hazard class as the tested mixture.

  • Marginal note:Production batches

    (4) The classification is the same for a mixture in all production batches of that mixture that are manufactured, produced or processed by the same supplier, unless there is a significant variation between the batches that affects the classification of the mixture.

  • Marginal note:Increase in concentration of hazardous ingredient

    (5) If the concentration of a hazardous ingredient of a tested mixture is increased, the following applies:

    • (a) in the case of the health hazard classes set out in Subparts 1, 4 and 8 to 10 of Part 8, if the tested mixture is classified in the Category 1 category of the health hazard class, the new mixture resulting from the increased concentration must be classified in the same category of the same health hazard class, without additional evaluation with regard to that hazard class;

    • (b) in the case of the health hazard class set out in Subpart 2 of Part 8,

      • (i) if the tested mixture is classified in the Category 1A subcategory of the health hazard class, the new mixture resulting from the increased concentration must be classified in the same subcategory of the same health hazard class, without additional evaluation with regard to that hazard class, or

      • (ii) if the tested mixture does not contain any hazardous ingredient classified in the Category 1 category and is classified in the Category 2 category of the health hazard class, the new mixture resulting from the increased concentration must be classified in the same category of the same health hazard class, without additional evaluation with regard to that hazard class; and

    • (c) in the case of the health hazard class set out in Subpart 3 of Part 8,

      • (i) if the tested mixture is classified in the Category 1 category of the health hazard class, the new mixture resulting from the increased concentration must be classified in the same category of the same health hazard class, without additional evaluation with regard to that hazard class, or

      • (ii) if the tested mixture does not contain any hazardous ingredient classified in the Category 1 category and is classified in the Category 2A subcategory of the health hazard class, the new mixture resulting from the increased concentration must be classified in the same subcategory of the same health hazard class, without additional evaluation with regard to that hazard class.

  • Marginal note:Interpolation

    (6) In the case of the health hazard classes set out in Subparts 1 to 4 and 8 to 10 of Part 8, when three mixtures (A, B and C) contain identical ingredients — some or all of which are hazardous — if mixtures A and B have been tested and are classified in the same category or subcategory of the same health hazard class and if mixture C has not been tested and has the same hazardous ingredients as mixtures A and B with concentrations intermediate to the concentrations of those hazardous ingredients in mixtures A and B, then mixture C must be classified in the same category or subcategory of the same health hazard class as mixtures A and B.

  • Marginal note:Substantially similar mixtures

    (7) If one of the mixtures (ingredient A + ingredient B) or (ingredient C + ingredient B) is a tested mixture that is classified in a category or subcategory of a health hazard class, the other mixture must be classified in the same category or subcategory of the same health hazard class if the following conditions are met:

    • (a) the concentration of ingredient B is the same in both mixtures;

    • (b) the concentration of ingredient A is the same as that of ingredient C; and

    • (c) ingredients A and C are classified in the same category or subcategory of the same health hazard class and, based on established scientific principles, do not affect the classification of ingredient B.

  • Marginal note:Aerosols — health hazard classes

    (8) In the case of the health hazard classes set out in Subparts 1 to 4, 8 and 9 of Part 8, a mixture to which a propellant has been added and that is contained in an aerosol dispenser must be classified in the same category or subcategory of the same health hazard class as the mixture to which no propellant was added if, based on established scientific principles, the added propellant does not affect the classification of the mixture on spraying.

Other Principles

Marginal note:Synergistic effects

  •  (1) In order to establish whether a mixture is classified in a category or subcategory of a health hazard class, if the evaluation of the mixture is carried out in accordance with a provision that requires the use of data available on the ingredients in the mixture, then all data available on the potential occurrence of synergistic effects among the ingredients of the mixture must be used in the evaluation carried out in accordance with section 2.2.

  • Marginal note:Antagonistic effects

    (2) If antagonistic effects among the ingredients of the mixture are considered in order to establish the classification of the mixture in a category or subcategory of a health hazard class in the course of the evaluation carried out in accordance with section 2.2, the data in respect of the antagonistic effects must be conclusive, based on established scientific principles.

Marginal note:Concentration limits — lower concentration

  •  (1) In the case of Subparts 1 to 10 and 12 of Part 8, if an ingredient is present in a mixture at a lower concentration than the concentration limit for a particular category or subcategory of a health hazard class, but still presents the hazard identified by the category or subcategory of that hazard class at that concentration, the mixture must be classified in that category or subcategory.

  • Marginal note:Concentration limits — equivalent or higher concentration

    (2) In the case of Subparts 1 to 10 and 12 of Part 8, subject to subsection 2.4(1), if an ingredient is present in a mixture at an equivalent or higher concentration than the concentration limit for a particular category or subcategory of a health hazard class, but further to evidence based on established scientific principles it does not present the hazard identified by the category or subcategory of that hazard class at that concentration, the mixture need not be classified in that category or subcategory in relation to that specific ingredient.

Marginal note:Maximum concentration

 If a mixture with a specific product identifier contains a hazardous ingredient that is not always present at the same concentration, the maximum concentration must be used for the purposes of establishing whether the mixture is classified in a category or subcategory of a health hazard class.

Product

Marginal note:Classification — product

 Subject to section 2.8, to establish whether a product is classified in a category or subcategory of a physical hazard class, it must be evaluated in accordance with section 2.1 or 2.2.

Specific Rules

Marginal note:Solids

 In the case of the physical hazard classes set out in Subparts 7, 10 to 12 and 14 of Part 7, the data used for the purposes of evaluation of a solid must relate to the solid in the physical form in which it is sold or imported. If the solid is in a physical form that is different from that used to generate the data and the solid in that physical form is liable to display different behaviour, the solid must also be evaluated in that other physical form.

Marginal note:Biological availability

 If it can be shown by conclusive experimental data from scientifically validated methods that the mixture, material or substance is not biologically available, it need not be classified in any health hazard class.

PART 3Labelling

Marginal note:Information elements

  •  (1) Subject to section 3.6 and for the purposes of paragraphs 13(1)(b) and 14(b) of the Act, the label of a hazardous product or the container in which the hazardous product is packaged must provide, in respect of the hazardous product, the following information elements:

    • (a) the product identifier;

    • (b) the initial supplier identifier;

    • (c) subject to subsections (2) to (5), for each category or subcategory in which the hazardous product is classified, with the exception of the categories referred to in paragraph (d), the information elements, namely, the symbol, signal word, hazard statement and precautionary statement, that are specified for that category or subcategory in section 3 of Annex 3 of the GHS;

    • (d) subject to subsections (2) to (4), for each category set out in Subparts 17 to 20 of Part 7 and in Subparts 11 and 12 of Part 8 in which the hazardous product is classified,

      • (i) the information elements that are specified for that category in Schedule 5, and

      • (ii) any precautionary statements that are applicable to the hazardous product in terms of

        • (A) general precautionary statements,

        • (B) prevention precautionary statements,

        • (C) response precautionary statements,

        • (D) storage precautionary statements, and

        • (E) disposal precautionary statements;

    • (e) in the case of a hazardous product classified in a category of Subpart 1 of Part 8 and to which paragraph 8.1.6(b) applies, the supplemental label element “[Insert the total concentration in percentage of ingredients with unknown acute toxicity] % of the mixture consists of an ingredient or ingredients of unknown acute toxicity/[Insérez la concentration totale en pourcentage d’ingrédients ayant une toxicité aiguë inconnue] % du mélange consiste en ingrédients de toxicité aiguë inconnue”; and

    • (f) in the case of a hazardous product that is classified as an acute toxicant and that, upon contact with water, releases a gaseous substance that has an LC50 that falls into one of the ranges indicated in Table 3 to subsection 8.1.1(3), the supplemental label elements that consist of the following hazard statements:

      • (i) in the case of Categories 1 and 2, “In contact with water, releases gases which are fatal if inhaled/Au contact de l’eau, libère des gaz mortels en cas d’inhalation”,

      • (ii) in the case of Category 3, “In contact with water, releases gases which are toxic if inhaled/Au contact de l’eau, libère des gaz toxiques en cas d’inhalation”, or

      • (iii) in the case of Category 4, “In contact with water, releases gases which are harmful if inhaled/Au contact de l’eau, libère des gaz nocifs en cas d’inhalation”.

  • Marginal note:Codes or instructions

    (2) The information elements required by paragraph (1)(c) need not include alphanumeric codes and the information elements required by paragraphs (1)(c) and (d) must not include instructions that are for the exclusive use of the competent authority, as defined in the GHS, or the supplier.

  • Marginal note:Substitution by pictogram

    (3) The pictogram associated with a symbol in Schedule 3 must be substituted for the symbol that is specified for a category or subcategory in section 3 of Annex 3 of the GHS or for a category in Schedule 5.

  • Marginal note:Hazard statement — Specific Target Organ Toxicity — Single Exposure

    (4) In the case of a hazardous product that is classified in the category “Specific Target Organ Toxicity — Single Exposure — Category 3” of the hazard class “Specific Target Organ Toxicity — Single Exposure”, the hazard statement specified for that category in section 3 of Annex 3 of the GHS that relates to the effects for which the product was classified must be used. If the hazardous product causes narcotic effects and respiratory tract irritation, as those terms are defined in Subpart 8 of Part 8, then both hazard statements must be used.

  • Marginal note:Information elements for certain categories or subcategories

    (5) The information elements, namely, the symbol, signal word, hazard statement and precautionary statement, specified in section 3 of Annex 3 of the GHS that are to be used for hazardous products classified in the categories or subcategories below are as follows:

    • (a) if the hazardous product is classified in the category “Flammable Gases — Category 1”, the information elements specified for the category “Flammable Gases (Including Chemically Unstable Gases)” Hazard category 1;

    • (b) if the hazardous product is classified in the category “Flammable Gases — Category 2”, the information elements specified for the category “Flammable Gases (Including Chemically Unstable Gases)” Hazard category 2;

    • (c) if the hazardous product is classified in the category “Flammable Aerosols — Category 1”, the information elements specified for the category “Aerosols” Hazard category 1, with the exception of the hazard statement “Pressurized container: may burst if heated”;

    • (d) if the hazardous product is classified in the category “Flammable Aerosols — Category 2”, the information elements specified for the category “Aerosols” Hazard category 2, with the exception of the hazard statement “Pressurized container: may burst if heated”;

    • (e) if the hazardous product is classified in the category “Skin Corrosion — Category 1”, the information elements specified for the subcategory “Skin Corrosion/Irritation” Hazard category 1A;

    • (f) if the hazardous product is classified in the subcategory “Skin Corrosion — Category 1A”, in the subcategory “Skin Corrosion — Category 1B” or in the subcategory “Skin Corrosion — Category 1C”, the information elements specified for the subcategory “Skin Corrosion/Irritation” Hazard category 1A to 1C;

    • (g) if the hazardous product is classified in the category “Skin Irritation — Category 2”, the information elements specified for the category “Skin Corrosion/Irritation” Hazard category 2;

    • (h) if the hazardous product is classified in the category “Serious Eye Damage — Category 1”, the information elements specified for the category “Eye Damage/Irritation” Hazard category 1;

    • (i) if the hazardous product is classified in the category “Eye Irritation — Category 2”, the information elements specified for the subcategory “Eye Damage/Irritation” Hazard category 2A;

    • (j) if the hazardous product is classified in the subcategory “Eye Irritation — Category 2A” or in the subcategory “Eye Irritation — Category 2B”, the information elements specified, respectively, for the subcategory “Eye Damage/Irritation” Hazard category 2A or the subcategory “Eye Damage/Irritation” Hazard category 2B;

    • (k) if the hazardous product is classified in the category “Respiratory Sensitizer — Category 1”, in the subcategory “Respiratory Sensitizer — Category 1A” or in the subcategory “Respiratory Sensitizer — Category 1B”, the information elements specified for the category or subcategory “Sensitization — Respiratory” Hazard category 1, 1A or 1B;

    • (l) if the hazardous product is classified in the category “Skin Sensitizer — Category 1”, in the subcategory “Skin Sensitizer — Category 1A” or in the subcategory “Skin Sensitizer — Category 1B”, the information elements specified for the category or subcategory “Sensitization — Skin” Hazard category 1, 1A or 1B;

    • (m) if the hazardous product is classified in the subcategory “Germ Cell Mutagenicity — Category 1A” or in the subcategory “Germ Cell Mutagenicity — Category 1B”, the information elements specified for the category “Germ Cell Mutagenicity” Hazard category 1;

    • (n) if the hazardous product is classified in the subcategory “Carcinogenicity — Category 1A” or in the subcategory “Carcinogenicity — Category 1B”, the information elements specified for the category “Carcinogenicity” Hazard category 1; and

    • (o) if the hazardous product is classified in the subcategory “Reproductive Toxicity — Category 1A” or in the subcategory “Reproductive Toxicity — Category 1B”, the information elements specified for the category “Reproductive Toxicity” Hazard category 1.

Marginal note:Pictograms

 Any pictogram required to be provided on a label must, except with respect to size, be an exact reproduction of that pictogram as set out in column 3 of Schedule 3 and must,

  • (a) except for the pictogram for “Biohazardous Infectious Materials”, have a black symbol on a white background with a red border in the shape of a square set on one of its points; and

  • (b) in the case of the pictogram for “Biohazardous Infectious Materials”, have a black symbol on a white background with a black border in the shape of a circle.

Marginal note:Combined precautionary statements

  •  (1) The precautionary statements that are required to be provided on a label may be combined if the combination contains the same information as would have been conveyed by each of the individual precautionary statements.

  • Marginal note:Non-applicable precautionary statements

    (2) If a precautionary statement does not apply in a particular case with regard to the normal conditions of use, handling and storage of the hazardous product, it may be omitted.

  • Marginal note:Combined hazard statements

    (3) The hazard statements that are required to be provided on a label may be combined if the combination contains the same information as would have been conveyed by each of the individual hazard statements.

Marginal note:Information elements of label

 The pictogram, signal word and hazard statement must be grouped together on the label.

Marginal note:Legibility

 The information elements of the label of the hazardous product or container in which it is packaged must be clearly and prominently displayed on a surface that is visible under normal conditions of use, easily legible without the aid of any device other than corrective lenses and contrasted with any other information on the hazardous product or the container.

Marginal note:Durability

 The information elements of the label of the hazardous product or container in which it is packaged must, under normal conditions of transport and use, remain affixed to, printed or written on or attached to the hazardous product or the container and remain legible.

Marginal note:Specific rule — signal word

  •  (1) If there is a requirement to provide the signal word “Danger”, any requirement to provide the signal word “Warning” does not apply.

  • Marginal note:Specific rule — hazard statement

    (2) If there is a requirement to provide the hazard statement “Causes severe skin burns and eye damage”, any requirement to provide the hazard statement “Causes serious eye damage” does not apply.

  • Marginal note:Specific rule — symbol

    (3) In the case of the symbols specified below, the following apply:

    • (a) if there is a requirement to provide the “skull and crossbones” symbol, any requirement to provide the “exclamation mark” symbol to indicate acute toxicity does not apply;

    • (b) if there is a requirement to provide the “corrosion” symbol, any requirement to provide the “exclamation mark” symbol to indicate skin or eye irritation does not apply; and

    • (c) if there is a requirement to provide the “health hazard” symbol to indicate respiratory sensitization, any requirement to provide the “exclamation mark” symbol to indicate skin sensitization or skin or eye irritation does not apply.

PART 4Safety Data Sheet

Marginal note:Information elements

  •  (1) For the purposes of paragraphs 13(1)(a) and 14(a) of the Act, the safety data sheet of a hazardous product must provide, in respect of the hazardous product, the following information elements:

    • (a) the headings set out in column 1 of Schedule 1, in the order they are presented, including the corresponding item number, which is to be placed immediately before the heading;

    • (b) subject to section 4.5, the content of the specific information elements set out in paragraphs 3(1)(a) and (2)(a) and (d) of Schedule 1 for the heading for item 3 and, for each heading of that Schedule, if the information is available and applicable, the content of the other specific information elements of that Schedule, including the unit of measure, if applicable, taking into account the following:

      • (i) if any of the information — except that required by paragraphs 3(1)(a) and (2)(a) and (d) of that Schedule — is not available or not applicable, an indication to that effect must be clearly stated in lieu of the required specific information element, and

      • (ii) in the case of a mixture, the information provided under the heading for item 11 of Schedule 1 must be information that is available on the mixture as a whole, and if information is not available on the mixture as a whole, it must be information that is available on the hazardous ingredients in the mixture, together with a clear indication of the chemical name of the hazardous ingredient to which the information pertains; and

    • (c) under any applicable heading, all additional hazard information that is available with respect to

      • (i) the hazardous product, and

      • (ii) a product, mixture, material or substance that has similar properties, including any evidence based on established scientific principles, if that information is applicable to the normal conditions of use of the hazardous product and is not redundant, indicated alongside an identification of the product, mixture, material or substance that has similar properties.

  • Marginal note:Items 12 to 15 of Schedule 1

    (2) Despite subsection (1), under each heading set out for items 12 to 15 of Schedule 1, the content of the specific information elements in that Schedule may be omitted.

  • Marginal note:Biohazardous Infectious Materials — additional information elements

    (3) The following information elements must be provided, immediately following the information elements required by subsection (1), on the safety data sheet of a hazardous product that is classified in a category of the hazard class “Biohazardous Infectious Materials”:

    • (a) the headings set out in Schedule 2, in the order they are presented;

    • (b) under each heading, the name of each specific information element set out in column 2 in respect of that heading in the order they are presented; and

    • (c) under the name of each specific information element, the content of the information element, if the information is available and applicable, including the unit of measure, if applicable, taking into account the following:

      • (i) if any of the information is not available or not applicable, an indication to that effect must be clearly stated in lieu of the required information, and

      • (ii) any information provided under one heading of the safety data sheet need not be repeated under any other heading.

  • Marginal note:More than one biohazardous infectious material

    (4) In the case where a mixture contains more than one ingredient that is classified as a biohazardous infectious material, the information required by subsection (3) must be provided in distinct parts on the safety data sheet, sequentially, for each biohazardous infectious material.

Marginal note:Instructions for use — new material or substance

  •  (1) In the case of a hazardous product for which instructions for use, provided at the time of the sale or importation, require its combination with one or more products, mixtures, materials or substances resulting in the creation of one or more new materials or substances that present one or more new or more severe hazards not already identified on the safety data sheet of the hazardous product, the safety data sheet must also provide the following information elements, in respect of each new material or substance and clearly indicate that they pertain to that new material or substance:

    • (a) the nature of the new or more severe hazard; and

    • (b) the content of the applicable specific information elements set out in items 4 to 11, column 2, of Schedule 1, for each corresponding heading, that is available.

  • Marginal note:Placement of information elements

    (2) Despite subsection 4(1), the information elements required by subsection (1) may appear anywhere on the safety data sheet.

Marginal note:Identical identifiers

 The product identifier and the initial supplier identifier that are provided on the safety data sheet of a hazardous product must be identical to those provided on the label.

Marginal note:Concentration units

 If the concentration of a material or substance in a hazardous product is expressed as a percentage on the safety data sheet, the units used to calculate the percentage must be provided.

Marginal note:Most hazardous concentration

 If ingredients in a mixture that is a hazardous product are present in a range of concentrations, the information provided on the safety data sheet must be based on data available that correspond to the most hazardous concentration of each ingredient in the mixture, whether those data pertain to an ingredient or the mixture as a whole.

Marginal note:Concentration range — material or substance always present at the same concentration

  •  (1) If the concentration of a material or substance in a hazardous product is required to be provided on a safety data sheet and the material or substance is always present at the same concentration, the safety data sheet must provide

    • (a) the actual concentration of the material or substance in the hazardous product; or

    • (b) one of the concentration ranges set out in subsection (3) within which the actual concentration of the material or substance in the hazardous product falls.

  • Marginal note:Actual concentration within more than one concentration range

    (2) For the purpose of paragraph (1)(b), if the actual concentration of a material or substance in a hazardous product falls within more than one of the concentration ranges set out in subsection (3), any one of those ranges may be provided on the safety data sheet.

  • Marginal note:Concentration ranges

    (3) For the purposes of paragraph (1)(b) and subsection (2), the concentration ranges are the following:

    • (a) from 0.1 to 1%;

    • (b) from 0.5 to 1.5%;

    • (c) from 1 to 5%;

    • (d) from 3 to 7%;

    • (e) from 5 to 10%;

    • (f) from 7 to 13%;

    • (g) from 10 to 30%;

    • (h) from 15 to 40%;

    • (i) from 30 to 60%;

    • (j) from 45 to 70%;

    • (k) from 60 to 80%;

    • (l) from 65 to 85%; and

    • (m) from 80 to 100%.

  • Marginal note:Statement — trade secret

    (4) If the safety data sheet provides a concentration range further to paragraph (1)(b), it must also provide, immediately following the concentration range, a statement to the effect that the actual concentration is withheld as a trade secret.

  • SOR/2018-68, s. 1

Marginal note:Concentration range — material or substance not always present at the same concentration

  •  (1) If the concentration of a material or substance in a hazardous product is required to be provided on a safety data sheet and the material or substance is not always present at the same concentration, the safety data sheet must provide

    • (a) the actual concentration range of the material or substance in the hazardous product;

    • (b) one of the concentration ranges set out in subsection (3) within which the actual concentration range of the material or substance in the hazardous product falls entirely; or

    • (c) if the actual concentration range of the material or substance in the hazardous product is equal to or greater than 0.1% but less than or equal to 30%, and the actual concentration range does not fall entirely within any of the concentration ranges set out in subsection (3), a concentration range that is created by combining two consecutive ranges from those set out in paragraphs (3)(a) to (g), provided that the combined concentration range does not include any range that falls entirely outside the actual concentration range in which the material or substance is present in the hazardous product.

  • Marginal note:Actual concentration range within more than one concentration range

    (2) For the purposes of paragraph (1)(b), if the actual concentration range of a material or substance in a hazardous product falls entirely within more than one of the concentration ranges set out in subsection (3), any one of those ranges may be provided on the safety data sheet.

  • Marginal note:Concentration ranges

    (3) For the purposes of paragraphs (1)(b) and (c) and subsection (2), the concentration ranges are the following:

    • (a) from 0.1 to 1%;

    • (b) from 0.5 to 1.5%;

    • (c) from 1 to 5%;

    • (d) from 3 to 7%;

    • (e) from 5 to 10%;

    • (f) from 7 to 13%;

    • (g) from 10 to 30%;

    • (h) from 15 to 40%;

    • (i) from 30 to 60%;

    • (j) from 45 to 70%;

    • (k) from 60 to 80%;

    • (l) from 65 to 85%; and

    • (m) from 80 to 100%.

  • Marginal note:Statement — trade secret

    (4) If the safety data sheet provides a concentration range further to paragraph (1)(b) or (c), it must also provide, immediately following that concentration range, a statement to the effect that the actual concentration range is withheld as a trade secret.

  • SOR/2018-68, s. 1

PART 5Exceptions

Definition of laboratory sample

  •  (1) In this section, laboratory sample means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used

    • (a) by the laboratory for testing other products, mixtures, materials or substances; or

    • (b) for educational or demonstration purposes.

  • Marginal note:Sale or importation — biohazardous infectious materials — safety data sheet

    (2) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraphs 13(1)(a) and (a.1) and 14(a) of the Act.

  • Marginal note:Transfer of possession — biohazardous infectious materials — safety data sheet and label

    (3) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is classified only in the category “Biohazardous Infectious Materials — Category 1”, is exempt from the application of section 13 of the Act.

  • Marginal note:Transfer of possession — safety data sheet

    (4) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is one of the following types, is exempt from the application of paragraphs 13(1)(a) and (a.1) of the Act:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample for which the supplier has not offered or exposed the hazardous product for transfer of ownership.

  • Marginal note:Sale or importation — biohazardous infectious materials — label

    (5) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category “Biohazardous Infectious Materials — Category 1” is exempt from the application of paragraph 3(1)(d) if the label provides the chemical name or generic chemical name of any material that is in the hazardous product and that is classified as a biohazardous infectious material, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product.

  • Marginal note:Transfer of possession — label

    (6) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, is exempt from the application of paragraphs 3(1)(c) and (d) if the label provides the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1, if known by the supplier, and the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product, and if that laboratory sample is one of the following types:

    • (a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

    • (b) a laboratory sample in respect of which the supplier has not offered or exposed the hazardous product for transfer of ownership.

Marginal note:Mixture of radioactive nuclides and non-radioactive carriers — section 13 or 14 of Act

  •  (1) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of section 13 or 14 of the Act if the carrier

    • (a) is present in an amount that is

      • (i) in the case of a liquid or gaseous carrier, less than or equal to 1.0 ml, or

      • (ii) in the case of a solid carrier, less than or equal to 1.0 g; and

    • (b) is not

      • (i) classified in any category or subcategory of the “Carcinogenicity”, “Germ Cell Mutagenicity”, “Reproductive Toxicity” or “Biohazardous Infectious Materials” hazard class,

      • (ii) classified in the category “Acute Toxicity (Oral) — Category 1” or “Acute Toxicity (Dermal) — Category 1” of the “Acute Toxicity” hazard class, or

      • (iii) classified in the category “Acute Toxicity (Inhalation) — Category 1” or “Acute Toxicity (Inhalation) — Category 2” of the “Acute Toxicity” hazard class.

  • Marginal note:Mixture of radioactive nuclides and non-radioactive carriers — paragraph 13(1)(b) or 14(b) of Act

    (2) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act in respect of the requirement to have a label on the inner container of the hazardous product if the hazardous product is packaged in more than one container and the outer container has a label that provides the information elements required by Part 3.

  • Marginal note:Mixture of radioactive nuclides and non-radioactive carriers

    (3) The sale or importation of a hazardous product that is a mixture of one or more radioactive nuclides and one or more non-radioactive carriers is exempt from the application of

    • (a) paragraph 3(1)(b); and

    • (b) paragraph 3(1)(c) and subparagraph 3(1)(d)(ii), in respect of the requirement to provide any precautionary statement on the label of the hazardous product or the container in which it is packaged.

Marginal note:Outer container

 The sale or importation of a hazardous product is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act in respect of the requirement to have a label on the outer container of the hazardous product if

  • (a) the label on the inner container is visible and legible through the outer container under normal conditions of storage and handling; or

  • (b) the outer container has a label that meets the requirements set out in the Transportation of Dangerous Goods Regulations.

Marginal note:Label — outer container — at least two hazardous products

 In the case of an outer container in which at least two different hazardous products are packaged, subsection 3(1) does not apply if the label provides the following information elements:

  • (a) the product identifier for each hazardous product contained in the outer container;

  • (b) the initial supplier identifier;

  • (c) subject to subsection 3.6(3), the pictogram set out in column 3 of Schedule 3 designated for each category or subcategory in which each hazardous product contained in the outer container is classified;

  • (d) the precautionary statement applicable to the storage of each of the hazardous products contained in the outer container; and

  • (e) the statement “See individual product labels for signal words, hazard statements and precautionary statements/Voir les étiquettes sur chacun des produits pour les mentions d’avertissement, les mentions de danger et les conseils de prudence”.

Marginal note:Small-capacity containers — 100 ml or less

  •  (1) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 100 ml, including any subsequent container of the same capacity in which that first container is packaged, is exempt from the application of paragraph 3(1)(c) and subparagraph 3(1)(d)(i) or (ii) in respect of the requirement to provide any precautionary statement or hazard statement on the label of the hazardous product or the container.

  • Marginal note:Small-capacity containers — 3 ml or less

    (2) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 3 ml is exempt from the application of section 3.5 in respect of normal conditions of use if the label interferes with the normal use of the hazardous product.

Definition of bulk shipment

  •  (1) In this section, bulk shipment means a shipment of a hazardous product that is contained in any of the following, without intermediate containment or intermediate packaging:

    • (a) a vessel that has a water capacity equal to or greater than 450 l;

    • (b) a freight container, road vehicle, railway vehicle or portable tank;

    • (c) the hold of a ship; or

    • (d) a pipeline.

  • Marginal note:Bulk shipments and unpackaged hazardous products

    (2) The sale or importation of a bulk shipment or a hazardous product without packaging of any sort is exempt from the application of paragraph 13(1)(b) or 14(b) of the Act.

Definition of complex mixture

  •  (1) In this section, complex mixture means a mixture that has a commonly known generic name and that is

    • (a) naturally occurring;

    • (b) a fraction of a naturally occurring mixture that results from a separation process; or

    • (c) a modification of a naturally occurring mixture or a modification of a fraction of a naturally occurring mixture that results from a chemical modification process.

  • Marginal note:Complex mixture

    (2) The sale or importation of a hazardous product that is a complex mixture is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraphs 3(2)(a) and (d) of Schedule 1, and in paragraphs 3(2)(b) and (c) of that Schedule, if that information is available and applicable, in relation to the ingredients of the complex mixture, if the commonly known generic name of the complex mixture is provided for item 3 of the safety data sheet.

  • Marginal note:Complex mixture — ingredient

    (3) Subject to subsection (4), the sale or importation of a hazardous product that contains an ingredient that is a complex mixture is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraphs 3(2)(a) and (d) of Schedule 1, and in paragraphs 3(2)(b) and (c) of that Schedule, if that information is available and applicable, in relation to the ingredients of the complex mixture if the complex mixture, individually, is classified in a category or subcategory of a health hazard class and the commonly known generic name of the complex mixture and its concentration in the hazardous product are provided for item 3 of the safety data sheet.

  • Marginal note:Concentration results in classification

    (4) If the complex mixture is present at a concentration that results in the product being classified in a category or subcategory of any health hazard class further to subsection 2.5(1), the commonly known generic name and concentration of the complex mixture must be provided on the safety data sheet of the hazardous product.

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    first supplier

    first supplier means a supplier who is exempted from the requirement to disclose the information specified in subsection 11(1) of the Hazardous Materials Information Review Act, by virtue of that Act. (premier fournisseur)

    subsequent supplier

    subsequent supplier means a supplier who sells or imports a hazardous product that is the subject of an exemption granted to the first supplier from the requirement to disclose the information specified in subsection 11(1) of the Hazardous Materials Information Review Act. (fournisseur subséquent)

  • Marginal note:Confidential information

    (2) If any information is the subject of an exemption under the Hazardous Materials Information Review Act, the information must be replaced by the information required under subsection (3) or (4).

  • Marginal note:Subsection 11(1) of Hazardous Materials Information Review Act

    (3) A supplier who, under subsection 11(1) of the Hazardous Materials Information Review Act, files a claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or on a label must, in respect of the sale or importation of the hazardous product, provide on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged a statement that a claim was filed, the date that the claim was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act until

    • (a) in the case that an order was issued by a screening officer under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act, the end of the period that begins on the final disposition of the proceedings in relation to the claim for exemption and does not exceed the period specified in the order, as the word “proceedings” is defined in subsection 19(3) of the Hazardous Materials Information Review Act; or

    • (b) in any other case, the end of the period not exceeding 30 days after the final disposition of the proceedings in relation to the claim for exemption, as the word “proceedings” is defined in subsection 19(3) of the Hazardous Materials Information Review Act.

  • Marginal note:Information to be disclosed

    (4) A supplier who receives notice of a decision made under the Hazardous Materials Information Review Act that their claim or a portion of their claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or a label is valid must, during the period beginning no later than the end of the applicable period specified in subsection (3) and on compliance with any order issued under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act, if applicable, and ending on the last day of the exemption period, in respect of the sale or importation of the hazardous product, provide on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged the following information:

  • Marginal note:Non-application — paragraphs 3(1)(a) to (d) or (2)(a) to (c) of Schedule 1

    (5) The sale or importation of a hazardous product is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1 and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if it is the subject of a claim for exemption under paragraph 11(1)(a) of the Hazardous Materials Information Review Act and if the generic chemical name of the material, substance or ingredient is provided for item 3 of the safety data sheet.

  • Marginal note:Non-application — paragraph 3(2)(d) of Schedule 1

    (6) Paragraph 3(2)(d) of Schedule 1 does not apply in respect of a hazardous product that is the subject of a claim for exemption under subparagraph 11(1)(b)(iii) of the Hazardous Materials Information Review Act.

  • Marginal note:Sale or importation — paragraphs 3(1)(a) to (d) or (2)(a) to (c) of Schedule 1

    (7) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if

    • (a) the first supplier is exempt from those requirements;

    • (b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and

    • (c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule,

      • (i) the information referred to in subsection (3) or (4) in respect of,

        • (A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or

        • (B) in any other case, the exemption of the first supplier, with the words “other supplier/autre fournisseur” in parentheses after that information, and

      • (ii) the generic chemical name of the material, substance or ingredient as provided by the first supplier.

  • Marginal note:Sale or importation — paragraph 3(2)(d) of Schedule 1

    (8) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirement set out in paragraph 3(2)(d) of Schedule 1, if

    • (a) the first supplier is exempt from that requirement;

    • (b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and

    • (c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(2)(d) of Schedule 1

      • (i) the information referred to in subsection (3) or (4) in respect of,

        • (A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or

        • (B) in any other case, the exemption of the first supplier, with the words “other supplier/autre fournisseur” in parentheses after that information, and

      • (ii) subject to section 4.5, the concentration of the first supplier’s hazardous product that is in the subsequent supplier’s hazardous product.

  • Marginal note:Label — confidential product identifier — paragraphs 3(1)(a) and 4(1)(b)

    (9) Paragraph 3(1)(a) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(a) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose the product identifier of a hazardous product if the label provides a code name or code number specified by the supplier and

    • (a) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under the Hazardous Materials Information Review Act; or

    • (b) if the information referred to in paragraph (a) is not available, the information required to be provided under the laws of the province.

  • Marginal note:Label — confidential supplier identifier — paragraphs 3(1)(b) and 4(1)(b)

    (10) Paragraph 3(1)(b) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(d) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose any information that could be used to identify the supplier of the hazardous product if that information is replaced by

    • (a) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under the Hazardous Materials Information Review Act; or

    • (b) if the information referred to in paragraph (a) is not available, the information required to be provided under the laws of the province.

  • Marginal note:Safety data sheet — sale to employer

    (11) The sale of a hazardous product to an employer is exempt from the requirement to disclose information on the safety data sheet that could be the subject of a claim for exemption under subsection 11(2) of the Hazardous Materials Information Review Act if

    • (a) the employer is exempt, under that Act or the laws of a province, from the requirement to disclose that information in respect of the hazardous product; and

    • (b) the safety data sheet of the hazardous product provided in respect of that sale provides in lieu of that information

      • (i) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under that Act, or

      • (ii) if the information referred to in subparagraph (i) is not available, an emergency telephone number of the employer that will enable a health professional to obtain any information referred to in subsection 4(1) that is in the possession of the employer for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

Marginal note:Subsequent sale by supplier — safety data sheet

  •  (1) The sale of a hazardous product by a supplier to whom the hazardous product was sold is exempt from the application of paragraph 4(1)(b) in respect of the requirement set out in paragraph 1(d) of Schedule 1 to provide the initial supplier identifier on the safety data sheet if their name, address and telephone number are provided on the safety data sheet.

  • Marginal note:Subsequent sale by supplier — label

    (2) The sale of a hazardous product by a supplier to whom the hazardous product was sold is exempt from the application of paragraph 3(1)(b) in respect of the requirement to provide the initial supplier identifier on the label if their name, address and telephone number are provided on the label.

  • Marginal note:Following supplier

    (3) If the initial supplier identifier referred to in subsection (1) or (2) has been replaced by the name, address and telephone number of a supplier to whom the hazardous product has been sold, any following supplier of the hazardous product may replace that information with their own name, address and telephone number.

Marginal note:Importation for use in own work place — safety data sheet

  •  (1) If an importer imports a hazardous product from a foreign supplier for use in their own work place in Canada and obtains a safety data sheet from the foreign supplier, the importer is exempt from the requirement to provide, on the safety data sheet, the specific information element set out in paragraph 1(d) of Schedule 1 if the name, address and telephone number of the foreign supplier is retained on the safety data sheet.

  • Marginal note:Importation for use in own work place — label

    (2) If an importer imports a hazardous product from a foreign supplier for use in their own work place in Canada, the importer is exempt from the application of paragraph 3(1)(b) in respect of the requirement to provide the initial supplier identifier on the label if the name, address and telephone number of the foreign supplier is retained on the label.

Marginal note:Repetition of symbols on label

 The sale or importation of a hazardous product is exempt from the application of paragraphs 3(1)(c) and (d), in respect of the requirement to provide a pictogram on the label of the hazardous product or its container, if the symbol of the pictogram appears on another label in accordance with the Transportation of Dangerous Goods Regulations on that same hazardous product or that same container and if the other label also meets the requirements of section 3.5.

Marginal note:Safety data sheet for hazardous products — same product identifier

 The sale or importation of a hazardous product is exempt from the application of paragraph 13(1)(a.1) or 14(a) of the Act in respect of the requirement to provide, or cause to be provided, a safety data sheet on the sale or to obtain or prepare a safety data sheet on or before the importation, if

  • (a) the hazardous product is part of a shipment of hazardous products that have the same product identifier and a safety data sheet is obtained, prepared or provided for one of them; or

  • (b) the supplier has provided to the person or government that acquires possession or ownership, or the supplier who imports the hazardous product has in their possession, a safety data sheet for a hazardous product that has the same product identifier and the safety data sheet provides, subject to section 5.12, information that is current at the time of the sale or importation.

Definition of significant new data

  •  (1) In this section, significant new data means new data regarding the hazard presented by a hazardous product that change its classification in a category or subcategory of a hazard class, or result in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product.

  • Marginal note:Significant new data available within 90 days — sale

    (2) The sale of a hazardous product for which significant new data became available within 90 days prior to the sale is exempt from the application of subsection 4(1) in respect of the requirement to provide, on the safety data sheet, information that is available at the time of the sale if, at the time of the sale, the supplier ensures that the person or government that acquires possession or ownership is provided with

    • (a) a safety data sheet that includes all information available at the time of the sale, with the exception of the significant new data; and

    • (b) the significant new data and the date on which they became available, in writing.

  • Marginal note:Significant new data available within 90 days — importation

    (3) The importation of a hazardous product for which significant new data became available within 90 days prior to the importation is exempt from the application of subsection 4(1) in respect of the requirement to provide, on the safety data sheet, information that is available at the time of the importation if, at the time of the importation, the supplier

    • (a) obtains a safety data sheet that includes all of the information available at the time of the importation, with the exception of the significant new data; and

    • (b) obtains or prepares a document that provides the significant new data and the date on which they became available and appends that document to the safety data sheet referred to in paragraph (a).

  • Marginal note:Significant new data available within 180 days — sale

    (4) The sale of a hazardous product for which significant new data became available within 180 days prior to the sale is exempt from the application of subsection 3(1) in respect of the requirement to provide, on the label, information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the sale if, at the time of the sale,

    • (a) the hazardous product or container in which the hazardous product is packaged has a label that provides all the information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the sale, with the exception of the significant new data; and

    • (b) the person or government that acquires possession or ownership is provided with the significant new data and the date on which they became available, in writing.

  • Marginal note:Significant new data available within 180 days — importation

    (5) The importation of a hazardous product for which significant new data became available within 180 days prior to the importation is exempt from the application of subsection 3(1) in respect of the requirement to provide, on the label, information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the importation if, at the time of the importation,

    • (a) the hazardous product or container in which the hazardous product is packaged has a label that includes all of the information elements for each category or subcategory of the hazard class in which the hazardous product is classified at the time of the importation, with the exception of the significant new data; and

    • (b) the supplier obtains or prepares a document that provides the significant new data and the date on which they became available.

Marginal note:Transfer of possession for purpose of transportation

 The transfer of possession of a hazardous product that creates a bailment for the purpose of transportation or, in Quebec, the transfer of possession of a hazardous product for the purpose of transportation, without transferring ownership, and with the obligation to deliver it to the person or government that acquired possession or ownership, is exempt from the application of paragraph 13(1)(a.1) of the Act in respect of the requirement to provide, or cause to be provided, a safety data sheet to the person to whom the possession of the product is transferred for the purpose of transportation.

Definition of transit

  •  (1) In this section, transit means, in relation to a hazardous product, its transport through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada, and, while in transport, its loading, unloading, packing, unpacking or storage.

  • Marginal note:Importation — transit

    (2) The importation of a hazardous product is exempt from the application of section 14 of the Act if

    • (a) the hazardous product is or is intended to be in transit; and

    • (b) the hazardous product is not intended for use in a work place in Canada.

  • Marginal note:Sale — exportation

    (3) The sale of a hazardous product, for the purpose of its exportation, is exempt from the application of section 13 of the Act if

    • (a) the hazardous product is or is intended to be transported or, while in transport, is or is intended to be loaded, unloaded, packed, unpacked or stored, for the purpose of that sale; and

    • (b) the hazardous product is not intended for use in a work place in Canada.

Marginal note:Importation to bring into compliance

  •  (1) The importation of a hazardous product is exempt from the application of paragraph 14(b) of the Act if the hazardous product is imported for the purpose of being brought into compliance with the labelling requirements of these Regulations before it is used or sold.

  • Marginal note:Credible evidence

    (2) A supplier who imports a hazardous product for the purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance with the labelling requirements of these Regulations.

PART 6Additional Requirements

Marginal note:Communication of information elements — health professionals

  •  (1) A supplier who sells or imports a hazardous product intended for use, handling or storage in a work place in Canada must provide, as soon as feasible, any information element in respect of the hazardous product that is referred to in subsection 4(1) and is in the possession of the supplier to any health professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an individual in an emergency.

  • Marginal note:Confidentiality

    (2) Any information that, by virtue of an exemption under the Hazardous Materials Information Review Act or these Regulations, is not required to be provided on the safety data sheet but has nevertheless been provided by a supplier to any health professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an individual in a medical emergency must be kept confidential, except for the purpose for which it was provided, if the health professional has been informed by the supplier that the information is to be kept confidential.

Marginal note:Communication of source for toxicological data

 Subject to the Hazardous Materials Information Review Act, a supplier who sells or imports a hazardous product intended for use, handling or storage in a work place in Canada must disclose, as soon as feasible, the source of information for any toxicological data used in the preparation of a safety data sheet on the request of an inspector, any person or government to which the hazardous product is sold or any user of a hazardous product.

Marginal note:Bilingual safety data sheet and label

  •  (1) The information elements provided on a safety data sheet and on a label must be in both official languages of Canada.

  • Marginal note:Bilingual presentation

    (2) The information elements referred to in subsection (1) may

    • (a) in the case of a safety data sheet, appear either on a single bilingual safety data sheet or in a document in two unilingual parts that constitute one bilingual safety data sheet; and

    • (b) in the case of a label, appear either on a single bilingual label or in a group of information elements in two unilingual parts that constitute one bilingual label.

PART 7Physical Hazard Classes

SUBPART 1Explosives

[7.1 reserved]

SUBPART 2Flammable Gases

Definition

Definition of flammable gas

 In this Subpart, flammable gas means a gas that has a flammable range when mixed with air at 20°C and at the standard pressure of 101.3 kPa.

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) Any product that is classified in a category of the hazard class “Flammable Aerosols” need not be classified in any category of this hazard class.

  • Marginal note:Categories

    (2) A flammable gas is classified in a category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Flammable Gases — Category 1

    A gas that

    • (a) is ignitable when mixed with air at a concentration ≤ 13.0% by volume; or

    • (b) has a flammable range when mixed with air ≥ 12 percentage points, regardless of the lower flammable limit

    2Flammable Gases — Category 2A gas that is not classified in the category “Flammable Gases — Category 1” and has a flammable range when mixed with air
  • Marginal note:Calculation method

    (3) Test data have priority over data obtained using a calculation method. If a calculation method is used to establish whether a gas is classified in a category of this hazard class, the calculation method set out in the International Organization for Standardization standard ISO 10156:2010 entitled Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, as amended from time to time, or any other calculation method that is a scientifically validated method, must be used.

SUBPART 3Flammable Aerosols

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

flammable aerosol

flammable aerosol means a product that contains one or more flammable components in an aerosol dispenser and that, when dispensed, is liable to ignite, but excludes a product that contains flammable components in an aerosol dispenser at a concentration less than or equal to 1.0% and that has a heat of combustion less than 20 kJ/g. (aérosol inflammable)

flammable component

flammable component means a mixture or substance that is classified in a category or subcategory of a hazard class in Subpart 2, 6 or 7 of this Part. (composant inflammable)

foam aerosol

foam aerosol means the content that is dispensed from an aerosol dispenser having a spray distance of less than 15 cm and that is in the form of a foam, mousse, gel or paste. (mousse d’aérosol)

spray aerosol

spray aerosol means the content that is dispensed from an aerosol dispenser and that is not a foam aerosol. (aérosol vaporisé)

Classification in a Category of the Class

Marginal note:Categories

  •  (1) A flammable aerosol is classified in a category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Flammable Aerosols — Category 1

    An aerosol dispenser that

    • (a) contains ≥ 85.0% flammable components and that generates an aerosol that has a heat of combustion ≥ 30 kJ/g;

    • (b) generates a spray aerosol that has an ignition distance ≥ 75 cm, based on test results from the ignition distance test for spray aerosols performed in accordance with sub-section 31.4 of Part III of the Manual of Tests and Criteria; or

    • (c) generates a foam aerosol that has, based on test results from the aerosol foam flammability test performed in accordance with sub-section 31.6 of Part III of the Manual of Tests and Criteria, either

      • (i) a flame height ≥ 20 cm and a flame duration ≥ 2 s, or

      • (ii) a flame height ≥ 4 cm and a flame duration ≥ 7 s

    2Flammable Aerosols — Category 2

    An aerosol dispenser that generates

    • (a) a spray aerosol that does not meet the criteria for the category “Flammable Aerosols — Category 1” and that has

      • (i) a heat of combustion ≥ 20 kJ/g,

      • (ii) an ignition distance ≥ 15 cm, based on test results from the ignition distance test for spray aerosols performed in accordance with sub-section 31.4 of Part III of the Manual of Tests and Criteria,

      • (iii) a time equivalent ≤ 300 s/m3, based on test results from the enclosed space ignition test performed in accordance with sub-section 31.5 of Part III of the Manual of Tests and Criteria, or

      • (iv) a deflagration density ≤ 300 g/m3, based on test results from the enclosed space ignition test performed in accordance with sub-section 31.5 of Part III of the Manual of Tests and Criteria; or

    • (b) a foam aerosol that does not meet the criteria for the category “Flammable Aerosols — Category 1” and that has a flame height ≥ 4 cm and a flame duration ≥ 2 s, based on test results from the aerosol foam flammability test performed in accordance with sub-section 31.6 of Part III of the Manual of Tests and Criteria

  • Marginal note:Default category

    (2) A product that contains flammable components in an aerosol dispenser for which there are no test results in accordance with subparagraph 2.1(a)(i) and referred to in subsection (1) must be classified in the category “Flammable Aerosols – Category 1”, unless the product contains flammable components at a concentration less than or equal to 1.0% and has a heat of combustion less than 20 kJ/g.

SUBPART 4Oxidizing Gases

Definition

Definition of oxidizing gas

 In this Subpart, oxidizing gas means a gas that is liable to cause or contribute to the combustion of other material more than air does.

Classification in the Category of the Class

Marginal note:Category

 An oxidizing gas is classified in the category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Oxidizing Gases — Category 1A gas that has an oxidizing power > 23.5% based on one of the methods set out in the International Organization for Standardization standard ISO 10156:2010 entitled Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, as amended from time to time

SUBPART 5Gases Under Pressure

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

critical temperature

critical temperature means the temperature above which a pure gas cannot be liquefied, regardless of the degree of compression. (température critique)

gas under pressure

gas under pressure means a product that consists of a gas contained in a receptacle at a gauge pressure of 200 kPa or more at 20°C, or that is liquefied, or liquefied and refrigerated, but excludes any gas that has an absolute vapour pressure of not more than 300 kPa at 50°C or that is not completely gaseous at 20°C and the standard pressure of 101.3 kPa. (gaz sous pression)

Classification in a Category of the Class

Marginal note:Categories

 A gas under pressure is classified in a category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Gases Under Pressure — Compressed GasA gas that when packaged under pressure is entirely gaseous at -50°C, including all gases with a critical temperature ≤ -50°C
2Gases Under Pressure — Liquefied GasA gas that when packaged under pressure is partially liquid at temperatures > -50°C
3Gases Under Pressure — Refrigerated Liquefied GasA gas that when packaged is partially liquid because of its low temperature
4Gases Under Pressure — Dissolved GasA gas that when packaged under pressure is dissolved in a liquid phase solvent

SUBPART 6Flammable Liquids

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

appropriate closed-cup method

appropriate closed-cup method means the methods listed in paragraph 2.6.4.2.5 of the GHS, as amended from time to time. (méthode de creuset fermé appropriée)

flammable liquid

flammable liquid means a liquid that has a flash point of not more than 93°C. (liquide inflammable)

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) Any product that is classified in a category of the hazard class “Flammable Aerosols” need not be classified in any category of this hazard class.

  • Marginal note:Categories

    (2) A flammable liquid is classified in a category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Flammable Liquids — Category 1A liquid that has a flash point < 23°C and initial boiling point ≤ 35°C
    2Flammable Liquids — Category 2A liquid that has a flash point < 23°C and initial boiling point > 35°C
    3Flammable Liquids — Category 3A liquid that has a flash point ≥ 23°C and ≤ 60°C
    4Flammable Liquids — Category 4A liquid that has a flash point > 60°C and ≤ 93°C
  • Marginal note:Determination of flash point — substance

    (3) In the case of a liquid that is a substance, the flash point must be determined by

    • (a) tests using an appropriate closed-cup method; or

    • (b) use of scientific literature that reports a value obtained from an appropriate closed-cup method.

  • Marginal note:Determination of flash point — mixture

    (4) In the case of a liquid that is a mixture, the flash point must be determined by

    • (a) tests using an appropriate closed-cup method; or

    • (b) use of an applicable calculation method under conditions for which it has been validated according to generally accepted standards of good scientific practice at the time the validation was carried out.

SUBPART 7Flammable Solids

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

flammable solid

flammable solid means a readily combustible solid or a solid that is liable to cause or contribute to fire through friction. (solide inflammable)

readily combustible solid

readily combustible solid means a powdered, granular or pasty mixture or substance that can be easily ignited by brief contact with an ignition source and, when ignited, has a flame that spreads rapidly. (solide facilement inflammable)

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) Any product that is classified in a category of the hazard class “Flammable Aerosols” need not be classified in any category of this hazard class.

  • Marginal note:Categories

    (2) A flammable solid that is a readily combustible solid is classified in a category of this hazard class, based on results from testing performed in accordance with the burning rate test in sub-section 33.2.1 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Flammable Solids — Category 1

    A solid that is

    • (a) other than a metal powder, in respect of which

      • (i) the burning time is < 45 s or the burning rate is > 2.2 mm/s, and

      • (ii) the wetted zone does not stop the fire or stops the fire for less than 4 min; or

    • (b) a metal powder, in respect of which the burning time is ≤ 5 min

    2Flammable Solids — Category 2

    A solid that is

    • (a) other than a metal powder, in respect of which

      • (i) the burning time is < 45 s or the burning rate is > 2.2 mm/s, and

      • (ii) the wetted zone stops the fire for at least 4 min; or

    • (b) a metal powder, in respect of which the burning time is > 5 min and ≤ 10 min

  • Marginal note:Fire through friction

    (3) A flammable solid that is a solid that is liable to cause or contribute to fire through friction is classified in the category “Flammable Solids — Category 2”.

SUBPART 8Self-reactive Substances and Mixtures

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

as packaged

as packaged means packaged in the form and condition described in test series B, D, G and H of Part II of the Manual of Tests and Criteria. (tel qu’il est emballé)

explosive properties

explosive properties means the properties of a self-reactive substance or mixture that, in laboratory testing according to test series A, C or E of Part II of the Manual of Tests and Criteria, make the substance or mixture liable to detonate, deflagrate rapidly or show a violent effect when heated under confinement. (propriétés explosives)

self-reactive

self-reactive means, in relation to a thermally unstable liquid or solid product, mixture or substance, liable to undergo a strongly exothermic decomposition, having a heat of decomposition equal to or greater than 300 J/g, even without participation of oxygen. (autoréactif)

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) The following need not be classified in any category of this hazard class:

    • (a) mixtures or substances, or mixtures or substances as packaged, that are classified in a category of the hazard class “Organic Peroxides”;

    • (b) liquid or solid mixtures that are classified in a category of the hazard class “Oxidizing Liquids” or “Oxidizing Solids”, and contain less than 5.0% of combustible organic substances; and

    • (c) liquid or solid substances that are classified in a category of the hazard class “Oxidizing Liquids” or “Oxidizing Solids”.

  • Marginal note:Categories

    (2) Subject to subsection (3), a self-reactive substance or mixture is classified in a category of this hazard class, based on results from testing performed in accordance with test series A to H of Part II of the Manual of Tests and Criteria, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Self-reactive Substances and Mixtures — Type AA liquid or solid that, as packaged, is liable to detonate, or deflagrate rapidly
    2Self-reactive Substances and Mixtures — Type BA liquid or solid that possesses explosive properties and, as packaged, neither detonates, nor deflagrates rapidly, but is liable to undergo a thermal explosion in that package
    3Self-reactive Substances and Mixtures — Type CA liquid or solid that possesses explosive properties and, as packaged, neither detonates, nor deflagrates rapidly nor undergoes a thermal explosion in that package
    4Self-reactive Substances and Mixtures — Type D

    In laboratory testing, a liquid or solid that

    • (a) detonates partially, does not deflagrate rapidly and shows no violent effect when heated under confinement;

    • (b) does not detonate, deflagrates slowly and shows no violent effect when heated under confinement; or

    • (c) neither detonates nor deflagrates, and shows a medium effect when heated under confinement

    5Self-reactive Substances and Mixtures — Type EIn laboratory testing, a liquid or solid that neither detonates nor deflagrates and shows low or no effect when heated under confinement
    6Self-reactive Substances and Mixtures — Type F

    In laboratory testing, a liquid or solid that neither detonates in the cavitated state nor deflagrates and

    • (a) shows low or no effect when heated under confinement, as well as low or no explosive power; or

    • (b) shows no effect when heated under confinement nor any explosive power, and either

      • (i) has a SADT < 60°C when evaluated in a 50 kg package, or

      • (ii) in the case of a liquid mixture, has a diluent that is used for desensitization with a boiling point < 150°C

    7Self-reactive Substances and Mixtures — Type G

    In laboratory testing, a liquid or solid that neither detonates in the cavitated state nor deflagrates, shows no effect when heated under confinement nor any explosive power, and either

    • (a) has a SADT of 60°C to 75°C when evaluated in a 50 kg package, or

    • (b) in the case of a liquid mixture, has a diluent that is used for desensitization with a boiling point ≥ 150°C

  • Marginal note:Exclusion after evaluation

    (3) A mixture or substance with a self-accelerating decomposition temperature greater than 75°C when evaluated in a 50 kg package need not be classified in any category of this hazard class.

SUBPART 9Pyrophoric Liquids

Definition

Definition of pyrophoric liquid

 In this Subpart, pyrophoric liquid means a liquid that is liable to ignite within five minutes after coming into contact with air.

Classification in the Category of the Class

Marginal note:Category

 A pyrophoric liquid is classified in the category of this hazard class, based on results from testing performed in accordance with test N.3 of sub-section 33.3.1.5 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Pyrophoric Liquids — Category 1

A liquid that, within 5 min, either

  • (a) ignites when added to an inert carrier and after coming into contact with air, or

  • (b) ignites or chars a filter paper, after coming into contact with air

SUBPART 10Pyrophoric Solids

Definition

Definition of pyrophoric solid

 In this Subpart, pyrophoric solid means a solid that is liable to ignite within five minutes after coming into contact with air.

Classification in the Category of the Class

Marginal note:Category

 A pyrophoric solid is classified in the category of this hazard class, based on results from testing performed in accordance with test N.2 of sub-section 33.3.1.4 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Pyrophoric Solids — Category 1A solid that ignites within 5 min after coming into contact with air

SUBPART 11Self-heating Substances and Mixtures

Definition

Definition of self-heating

 In this Subpart, self-heating means, in relation to a solid or liquid, liable to self-heat by reaction with air and without energy supply.

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) The following need not be classified in any category of this hazard class:

    • (a) a liquid classified in the category of the hazard class “Pyrophoric Liquids”; and

    • (b) a solid classified in the category of the hazard class “Pyrophoric Solids”.

  • Marginal note:Categories

    (2) Subject to subsection (3), a self-heating substance or mixture is classified in a category of this hazard class, based on results from testing performed in accordance with test N.4 of sub-section 33.3.1.6 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Self-heating Substances and Mixtures — Category 1A solid or liquid in respect of which a positive result is obtained in a test using a 25 mm sample cube at 140°C and the spontaneous ignition temperature of a 450 l volume of the solid or liquid is ≤ 50°C
    2Self-heating Substances and Mixtures — Category 2

    A solid or liquid in respect of which

    • (a) a positive result is obtained in a test using a 100 mm sample cube at 140°C, a negative result is obtained in a test using a 25 mm sample cube at 140°C and

      • (i) the solid or liquid is packed in packages with a volume > 3 m3,

      • (ii) a positive result is obtained in a test using a 100 mm sample cube at 120°C and the solid or liquid is packed in packages with a volume > 450 l, or

      • (iii) a positive result is obtained in a test using a 100 mm sample cube at 100°C; or

    • (b) a positive result is obtained in a test using a 25 mm sample cube at 140°C and the spontaneous ignition temperature of a 450 l volume of the solid or liquid is > 50°C

  • Marginal note:Exclusion after evaluation

    (3) A mixture or substance with a temperature of spontaneous combustion higher than 50°C for a volume of 27 m3 need not be classified in any category of this hazard class.

SUBPART 12Substances and Mixtures Which, in Contact with Water, Emit Flammable Gases

General Provision

Marginal note:Interpretation

 In this Subpart, substances and mixtures which, in contact with water, emit flammable gases are liquids and solids that, by interaction with water, are liable to become spontaneously flammable or give off flammable gases in dangerous quantities, that is, in quantities that are equal to or greater than one litre of gas per kilogram of the mixture or substance per hour.

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) The following liquids or solids need not be classified in any category of this hazard class:

    • (a) those that have a chemical structure that does not contain metals or metalloids;

    • (b) those that have been shown, through accumulated experience in production or handling, not to react with water; and

    • (c) those that are soluble in water to form a stable mixture.

  • Marginal note:Categories

    (2) A liquid or solid which, in contact with water, emits flammable gases is classified in a category of this hazard class, based on results from testing performed in accordance with test N.5 of sub-section 33.4.1.4 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Substances and Mixtures Which, in Contact with Water, Emit Flammable Gases — Category 1

    A liquid or solid that

    • (a) reacts with water at ambient temperature and produces a gas that is liable to ignite spontaneously;

    • (b) reacts with water at ambient temperature such that the rate of evolution of flammable gas is ≥ 10 l/kg of liquid or solid over any one minute; or

    • (c) reacts with water at ambient temperature to ignite spontaneously in any step of the test procedure

    2Substances and Mixtures Which, in Contact with Water, Emit Flammable Gases — Category 2A liquid or solid that reacts with water at ambient temperature such that the maximum rate of evolution of flammable gas is ≥ 20 l/kg of liquid or solid per hour
    3Substances and Mixtures Which, in Contact with Water, Emit Flammable Gases — Category 3A liquid or solid that reacts with water at ambient temperature such that the maximum rate of evolution of flammable gas is ≥ 1 l/kg of liquid or solid per hour

SUBPART 13Oxidizing Liquids

Definition

Definition of oxidizing liquid

 In this Subpart, oxidizing liquid means a liquid, whether or not combustible, that is liable to cause or contribute to the combustion of other material.

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) The following liquids need not be classified in any category of this hazard class:

    • (a) any organic liquid that does not contain oxygen, fluorine or chlorine;

    • (b) any organic liquid that contains oxygen, fluorine or chlorine if those elements are chemically bonded only to carbon or hydrogen; and

    • (c) any inorganic liquid that does not contain oxygen or halogens.

  • Marginal note:Categories

    (2) An oxidizing liquid is classified in a category of this hazard class, based on results from testing performed in accordance with test O.2 of sub-section 34.4.2 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Oxidizing Liquids — Category 1A liquid that, when tested in a 1:1 mixture, by mass, with cellulose, spontaneously ignites, or exhibits a mean pressure rise time < the mean pressure rise time of a 1:1 mixture, by mass, of 50.0% perchloric acid and cellulose
    2Oxidizing Liquids — Category 2A liquid that, when tested in a 1:1 mixture, by mass, with cellulose, exhibits a mean pressure rise time ≤ the mean pressure rise time of a 1:1 mixture, by mass, of 40.0% aqueous sodium chlorate solution and cellulose
    3Oxidizing Liquids — Category 3A liquid that, when tested in a 1:1 mixture, by mass, with cellulose, exhibits a mean pressure rise time ≤ the mean pressure rise time of a 1:1 mixture, by mass, of 65.0% aqueous nitric acid and cellulose

SUBPART 14Oxidizing Solids

Definition

Definition of oxidizing solid

 In this Subpart, oxidizing solid means a solid, whether or not combustible, that is liable to cause or contribute to the combustion of other material.

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) The following solids need not be classified in any category of this hazard class:

    • (a) any organic solid that does not contain oxygen, fluorine or chlorine;

    • (b) any organic solid that contains oxygen, fluorine or chlorine if those elements are chemically bonded only to carbon or hydrogen; and

    • (c) any inorganic solid that does not contain oxygen or halogens.

  • Marginal note:Categories

    (2) An oxidizing solid is classified in a category of this hazard class, based on results from testing performed in accordance with test O.1 of sub-section 34.4.1 of Part III of the Manual of Tests and Criteria or test O.3 of sub-section 34.4.3 of that Part, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Oxidizing Solids — Category 1A solid that, when tested in a 4:1 or 1:1 mixture, by mass, with cellulose, exhibits a mean burning time < the mean burning time of a 3:2 mixture, by mass, of potassium bromate and cellulose
    2Oxidizing Solids — Category 2A solid that, when tested in a 4:1 or 1:1 mixture, by mass, with cellulose, exhibits a mean burning time ≤ the mean burning time of a 2:3 mixture, by mass, of potassium bromate and cellulose
    3Oxidizing Solids — Category 3A solid that, when tested in a 4:1 or 1:1 mixture, by mass, with cellulose, exhibits a mean burning time ≤ the mean burning time of a 3:7 mixture, by mass, of potassium bromate and cellulose

SUBPART 15Organic Peroxides

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

as packaged

as packaged means packaged in the form and condition described in test series B, D, G and H of Part II of the Manual of Tests and Criteria. (tel qu’il est emballé)

explosive properties

explosive properties means the properties of an organic peroxide that, in laboratory testing according to test series A, C or E of Part II of the Manual of Tests and Criteria, make the liquid or solid liable to detonate, deflagrate rapidly or show a violent effect when heated under confinement. (propriétés explosives)

organic peroxide

organic peroxide means an organic liquid or solid that contains the bivalent -O-O- structure. (peroxyde organique)

Classification in a Category of the Class

Marginal note:Exclusions

  •  (1) An organic peroxide that contains any of the following need not be classified in any category of this hazard class:

    • (a) not more than 1.0% available oxygen from the organic peroxides when containing not more than 1.0% hydrogen peroxide; or

    • (b) not more than 0.5% available oxygen from the organic peroxides when containing more than 1.0% but not more than 7.0% hydrogen peroxide.

  • Marginal note:Available oxygen content

    (2) The available oxygen content, in percent, of an organic peroxide mixture referred to in paragraph (1)(a) or (b) is determined by the following formula:

    The available oxygen content, in percent, of an organic peroxide mixture is equal to 16 times the summation, represented by the capital sigma symbol, of the series running from i to n of, opening parenthesis, the product of n, subscript i, and c, subscript i, divided by m, subscript i, closing parenthesis.

    where

    ni
    is the number of peroxygen groups per molecule of organic peroxide i;
    ci
    is the concentration (mass %) of organic peroxide i; and
    mi
    is the molecular mass of organic peroxide i.
  • Marginal note:Categories

    (3) An organic peroxide is classified in a category of this hazard class, based on results from testing performed in accordance with test series A to H of Part II of the Manual of Tests and Criteria, in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Organic Peroxides — Type AA liquid or solid that, as packaged, is liable to detonate, or deflagrate rapidly
    2Organic Peroxides — Type BA liquid or solid that possesses explosive properties and, as packaged, neither detonates, nor deflagrates rapidly, but is liable to undergo a thermal explosion in that package
    3Organic Peroxides — Type CA liquid or solid that possesses explosive properties and, as packaged, neither detonates, nor deflagrates rapidly, nor undergoes a thermal explosion in that package
    4Organic Peroxides — Type D

    In laboratory testing, a liquid or solid that

    • (a) detonates partially, but does not deflagrate rapidly and shows no violent effect when heated under confinement;

    • (b) does not detonate, but deflagrates slowly and shows no violent effect when heated under confinement; or

    • (c) neither detonates nor deflagrates, but shows a medium effect when heated under confinement

    5Organic Peroxides — Type EIn laboratory testing, a liquid or solid that neither detonates nor deflagrates, and shows low or no effect when heated under confinement
    6Organic Peroxides — Type F

    In laboratory testing, a liquid or solid that neither detonates in the cavitated state nor deflagrates and

    • (a) shows low or no effect when heated under confinement, as well as low or no explosive power; or

    • (b) shows no effect when heated under confinement nor any explosive power, and either

      • (i) has a SADT < 60°C when evaluated in a 50 kg package, or

      • (ii) in the case of a liquid mixture, has a diluent that is used for desensitization with a boiling point < 150°C

    7Organic Peroxides — Type G

    In laboratory testing, a liquid or solid that neither detonates in the cavitated state nor deflagrates, shows no effect when heated under confinement nor any explosive power, and either

    • (a) has a SADT of 60°C to 75°C when evaluated in a 50 kg package, or

    • (b) in the case of a liquid mixture, has a diluent that is used for desensitization with a boiling point ≥ 150°C

  • Marginal note:Mixtures

    (4) A mixture of organic peroxides must be classified in the same category as the most hazardous organic peroxide in the mixture, unless the self-accelerating decomposition temperature of the mixture results in the mixture being classified in a category that represents a more severe hazard.

SUBPART 16Corrosive to Metals

Definition

Definition of corrosive to metals

 In this Subpart, corrosive to metals means, in relation to a mixture or substance, liable to damage or destroy metal by chemical action.

Classification in the Category of the Class

Marginal note:Category

 A mixture or substance that is corrosive to metals is classified in the category of this hazard class, based on results from testing performed in accordance with sub-section 37.4 of Part III of the Manual of Tests and Criteria, in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Corrosive to Metals — Category 1A mixture or substance that has a corrosion rate on either steel or aluminium surfaces that is > 6.25 mm per year at a test temperature of 55°C

SUBPART 17Combustible Dusts

Definition

Definition of combustible dust

 In this Subpart, combustible dust means a mixture or substance that is in the form of finely divided solid particles that, upon ignition, is liable to catch fire or explode when dispersed in air.

Classification in the Category of the Class

Marginal note:Category

 A combustible dust is classified in the category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Combustible Dusts — Category 1

A mixture or substance that

  • (a) has been shown to, upon ignition, catch fire or explode when dispersed in air or an other oxidizing medium; or

  • (b) is classified in a category of the hazard class “Flammable Solids” and 5.0% or more of its composition by weight is a flammable solid and has a particle size ≤ 500 µm

SUBPART 18Simple Asphyxiants

Definition

Definition of simple asphyxiant

 In this Subpart, simple asphyxiant means any gas that is liable to cause asphyxiation by the displacement of air.

Classification in the Category of the Class

Marginal note:Category

 A simple asphyxiant is classified in the category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Simple Asphyxiants — Category 1A gas that is a simple asphyxiant

SUBPART 19Pyrophoric Gases

Definition

Definition of pyrophoric gas

 In this Subpart, pyrophoric gas means any mixture or substance in a gaseous state that is liable to ignite spontaneously in air at a temperature of 54°C or less.

Classification in the Category of the Class

Marginal note:Category

 A pyrophoric gas is classified in the category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Pyrophoric Gases — Category 1A gas that is a pyrophoric gas

SUBPART 20Physical Hazards Not Otherwise Classified

Definition

Definition of physical hazard not otherwise classified

 In this Subpart, physical hazard not otherwise classified means a physical hazard presented by a product, mixture, material or substance that is different from any other physical hazard addressed by any other Subpart in this Part and that has the characteristic of occurring by chemical reaction and resulting in the serious injury or death of a person at the time the reaction occurs.

Classification in the Category of the Class

Marginal note:Category

 A product, mixture, material or substance is classified in the category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Physical Hazards Not Otherwise Classified — Category 1A product, mixture, material or substance that presents a physical hazard not otherwise classified

PART 8Health Hazard Classes

SUBPART 1Acute Toxicity

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

acute toxicant

acute toxicant means a mixture or substance that is liable to cause acute toxicity, or a mixture or substance that, upon contact with water, releases a gaseous substance that is liable to cause acute toxicity. (toxique aigu)

acute toxicity

acute toxicity refers to adverse effects occurring following

  • (a) oral or dermal administration of a single dose of a mixture or substance, or multiple doses given within 24 hours; or

  • (b) an inhalation exposure to a mixture or substance of four hours or of a duration that is converted to four hours in accordance with subsection 8.1.1(4). (toxicité aiguë)

dust

dust means solid particles that are suspended in a gas, usually air. (poussières)

mist

mist means liquid droplets that are suspended in the air. (brouillard)

Classification in a Category of the Class

Classification of Substances

Marginal note:LD50 or LC50 — associated range

  •  (1) An acute toxicant that is a substance is classified, with respect to each applicable route of exposure, in a category of this hazard class in accordance with the tables to subsection (3) if it has an LD50 by the oral or dermal exposure route, or an LC50 by the inhalation exposure route, that falls into one of the ranges indicated in the applicable table to that subsection.

  • Marginal note:Contact with water — gaseous substance

    (2) In addition to subsection (1), an acute toxicant that is a substance is classified with respect to the inhalation route of exposure in a category of this hazard class in accordance with Table 3 to subsection (3) if upon contact with water, it releases a gaseous substance that has an LC50 that falls into one of the ranges indicated in that table, unless that substance is already classified in a category of this hazard class for the inhalation route of exposure that represents a more severe hazard.

  • Marginal note:LD50 or LC50 not available

    (3) If an LD50 by the oral or dermal exposure route or an LC50 by the inhalation exposure route is not available, an acute toxicity point estimate must be established in accordance with the table to section 8.1.7, and the acute toxicant must be classified based on that acute toxicity point estimate, with respect to each applicable route of exposure, in a category of this hazard class in accordance with the following tables:

    TABLE 1

    Oral Exposure Route

    Column 1Column 2
    ItemCategoryRanges for LD50 or for Acute Toxicity Point Estimates (mg/kg body weight)
    1Acute Toxicity (Oral) — Category 1≤ 5
    2Acute Toxicity (Oral) — Category 2> 5 and ≤ 50
    3Acute Toxicity (Oral) — Category 3> 50 and ≤ 300
    4Acute Toxicity (Oral) — Category 4> 300 and ≤ 2000

    TABLE 2

    Dermal Exposure Route

    Column 1Column 2
    ItemCategoryRanges for LD50 or for Acute Toxicity Point Estimates (mg/kg body weight )
    1Acute Toxicity (Dermal) — Category 1≤ 50
    2Acute Toxicity (Dermal) — Category 2> 50 and ≤ 200
    3Acute Toxicity (Dermal) — Category 3> 200 and ≤ 1000
    4Acute Toxicity (Dermal) — Category 4> 1000 and ≤ 2000

    TABLE 3

    Inhalation Exposure Route

    Column 1Column 2Column 3Column 4
    Ranges for LC50 or for Acute Toxicity Point Estimates
    ItemCategoryGases (ppmV)Vapours (mg/l)Dusts and Mists (mg/l)
    1Acute Toxicity (Inhalation) — Category 1≤ 100≤ 0.5≤ 0.05
    2Acute Toxicity (Inhalation) — Category 2> 100 and ≤ 500> 0.5 and ≤ 2> 0.05 and ≤ 0.5
    3Acute Toxicity (Inhalation) — Category 3> 500 and ≤ 2500> 2 and ≤ 10> 0.5 and ≤ 1
    4Acute Toxicity (Inhalation) — Category 4> 2500 and ≤ 20 000> 10 and ≤ 20> 1 and ≤ 5
  • Marginal note:One-hour exposure period

    (4) For the purposes of Table 3 to subsection (3), the LC50 is based on a four-hour exposure period. If existing acute inhalation toxicity data have been generated according to a one-hour exposure period, the LC50 for gases and vapours must be divided by two, and the LC50 for dusts and mists must be divided by four.

Classification of Mixtures

Marginal note:Order of provisions

  •  (1) The classification of a mixture as an acute toxicant in a category of this hazard class must proceed in accordance with the order of sections 8.1.3 to 8.1.6.

  • Marginal note:Concentrations for the purpose of classification

    (2) Only ingredients present at concentrations equal to or greater than the concentration limit of 1.0% — w/w for solids, liquids, dusts, mists and vapours and v/v for gases — must be considered for the purpose of classification.

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 acute toxicant in accordance with section 8.1.1.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as an acute toxicant, in accordance with the bridging principles referred to in subsections 2.3(3) to (8), the mixture must be classified in a category of this hazard class in accordance with those subsections.

Marginal note:Data available for all ingredients

 If data are available for all ingredients in the mixture, the mixture must be classified as an acute toxicant in accordance with section 8.1.1 using the ATE of the mixture that is determined in respect of each applicable route of exposure by the following formula:

ATE subscript mix is equal to 100 divided by, opening square bracket, the summation, represented by the capital sigma symbol, from n, of the series capital C, subscript i, divided by ATE, subscript i, closing square bracket.

where

ATEmix
is the ATE of the mixture determined using this formula;
Ci
is the concentration of ingredient i;
n
is the number of ingredients and i is running from 1 to n;
ATEi
is the ATE of ingredient i, which is either
  • (a) the LD50 or the LC50 based on or converted to a four-hour exposure period, for i, or

  • (b) if the LD50 or the LC50 is unavailable, the acute toxicity point estimate established for i in accordance with the table to section 8.1.7; and

i
is each ingredient in the mixture with
  • (a) an ATE within the ranges set out in the applicable table to subsection 8.1.1(3),

  • (b) an oral or dermal LD50 greater than 2000 mg/kg body weight but less than or equal to 5000 mg/kg body weight, or

  • (c) an LC50 based on or converted to a four-hour exposure period within a range having an amplitude comparable to the one in paragraph (b).

Marginal note:Data not available for all ingredients

 If the ATE is not available for one or more ingredients of the mixture, the mixture must be classified as an acute toxicant in accordance with section 8.1.1 using the ATE of the mixture that is determined in respect of each applicable route of exposure according to the following:

  • (a) if data permit the ATE to be estimated for each of those ingredients in accordance with established scientific principles, the formula in section 8.1.5 must be used;

  • (b) if data do not permit the ATE to be estimated for an ingredient in accordance with established scientific principles, and the concentration of the ingredient in the mixture is equal to or greater than the concentration limit of 1.0%, the mixture is classified based only on the ingredients having an ATE, such that

    • (i) if the total concentration of all ingredients with unknown acute toxicity is less than or equal to 10.0% of the mixture, the formula in section 8.1.5 must be used, or

    • (ii) if the total concentration of all ingredients with unknown acute toxicity is greater than 10.0% of the mixture, the following formula must be used:

      ATE subscript mix is equal to the quotient of the numerator of 100 minus, opening parenthesis, the summation, represented by the capital sigma symbol, of the series capital C, subscript unknown, if the value of C is greater than 10.0%, closing parenthesis, divided by the following denominator: opening square bracket, the summation, represented by the symbol capital sigma, from n, of the series capital C, subscript i, divided by ATE, subscript i, closing square bracket.

      where

      ATEmix
      is the ATE of the mixture determined using this formula,
      Ci
      is the concentration of ingredient i,
      Cunknown
      is the concentration of ingredients i with unknown ATE values,
      n
      is the number of ingredients and i is running from 1 to n,
      ATEi
      is the ATE of ingredient i, which is either
      • (a) the LD50 or the LC50 based on or converted to a four-hour exposure period, for i, or

      • (b) if the LD50 or the LC50 is unavailable, the acute toxicity point estimate established for i in accordance with the table to section 8.1.7, and

      i
      is each ingredient in the mixture with
      • (a) an ATE within the ranges set out in the applicable table to subsection 8.1.1(3),

      • (b) an oral or dermal LD50 greater than 2000 mg/kg body weight but less than or equal to 5000 mg/kg body weight, or

      • (c) an LC50 based on or converted to a four-hour exposure period within a range having an amplitude comparable to the one in paragraph (b).

Marginal note:Conversion from range to point estimate

 If a formula in section 8.1.5 or 8.1.6 is used, an acute toxicity point estimate must be determined, in accordance with the following table, for each ingredient for which only that ingredient’s classification category or experimentally obtained acute toxicity range is available:

TABLE

Column 1Column 2Column 3
ItemExposure RoutesClassification Category and Associated Experimentally Obtained Acute Toxicity Range Minimum and Maximum ValuesConverted Acute Toxicity Point Estimate
1Oral (mg/kg body weight)
  • 0 < Category 1 ≤ 5
  • 5 < Category 2 ≤ 50
  • 50 < Category 3 ≤ 300
  • 300 < Category 4 ≤ 2000
  • 0.5
  • 5
  • 100
  • 500
2Dermal (mg/kg body weight)
  • 0 < Category 1 ≤ 50
  • 50 < Category 2 ≤ 200
  • 200 < Category 3 ≤ 1000
  • 1000 < Category 4 ≤ 2000
  • 5
  • 50
  • 300
  • 1100
3Inhalation (gases) (ppmV)
  • 0 < Category 1 ≤ 100
  • 100 < Category 2 ≤ 500
  • 500 < Category 3 ≤ 2500
  • 2500 < Category 4 ≤ 20 000
  • 10
  • 100
  • 700
  • 4500
4Inhalation (vapours) (mg/l)
  • 0 < Category 1 ≤ 0.5
  • 0.5 < Category 2 ≤ 2.0
  • 2.0 < Category 3 ≤ 10.0
  • 10.0 < Category 4 ≤ 20.0
  • 0.05
  • 0.5
  • 3
  • 11
5Inhalation (dust/mist) (mg/l)
  • 0 < Category 1 ≤ 0.05
  • 0.05 < Category 2 ≤ 0.5
  • 0.5 < Category 3 ≤ 1.0
  • 1.0 < Category 4 ≤ 5.0
  • 0.005
  • 0.05
  • 0.5
  • 1.5

SUBPART 2Skin Corrosion/Irritation

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

skin corrosion

skin corrosion means the production of irreversible damage to the skin, namely, visible necrosis through the epidermis and into the dermis, and includes ulcers, bleeding, bloody scabs and, within a 14-day observation period, discoloration due to blanching of the skin, complete areas of alopecia, and scars. (corrosion cutanée)

skin-corrosive

skin-corrosive means, in relation to a mixture or substance, liable to cause skin corrosion. (corrosif pour la peau)

skin-irritant

skin-irritant means, in relation to a mixture or substance, liable to cause skin irritation. (irritant pour la peau)

skin irritation

skin irritation means the production of reversible damage to the skin. (irritation cutanée)

Classification in a Category or Subcategory of the Class

Classification of Substances

Marginal note:Order of provisions

 The classification of a skin-corrosive substance or a skin-irritant substance in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.2.2 to 8.2.7, unless, after applying subsections 8.2.2(1) to (3), the substance is not classified further to subsection 8.2.2(4).

Marginal note:Human data — skin corrosion

  •  (1) A substance for which human data demonstrate that it is a skin-corrosive substance is classified in the category “Skin Corrosion — Category 1”.

  • Marginal note:Animal data — skin corrosion

    (2) A substance for which purposely generated animal data demonstrate that it is a skin-corrosive substance is classified in the category “Skin Corrosion — Category 1” and is, if the applicable data are available, further classified in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemSubcategoryCriteria
    1Skin Corrosion — Category 1AA substance that, according to animal data acquired from a scientifically validated method, produces irreversible damage to the skin after an exposure of three minutes or less, and within one hour of observation, in at least one of three animals
    2Skin Corrosion — Category 1BA substance that, according to animal data acquired from a scientifically validated method, produces irreversible damage to the skin after an exposure of more than three minutes and up to and including one hour, and within 14 days of observation, in at least one of three animals
    3Skin Corrosion — Category 1CA substance that, according to animal data acquired from a scientifically validated method, produces irreversible damage to the skin after an exposure of more than one hour and up to and including four hours, and within 14 days of observation, in at least one of three animals
  • Marginal note:Human or animal data — skin irritation

    (3) A substance for which there are human data or purposely generated animal data with respect to skin irritation is classified in the category “Skin Irritation — Category 2” in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Skin Irritation — Category 2

    A substance

    • (a) that, according to human data, is skin-irritant; or

    • (b) in respect of which animal data reveal

      • (i) in the case of data acquired from a test performed in accordance with the OECD Guideline for the Testing of Chemicals, No. 404, entitled Acute Dermal Irritation/Corrosion, as amended from time to time, a mean score of ≥ 2.3 and ≤ 4.0 for erythema and eschar or for edema in at least two of three animals from gradings at 24, 48 and 72 hours after patch removal or, if reactions are delayed, from gradings on three consecutive days after the onset of skin reactions,

      • (ii) in the case of data acquired from a scientifically validated method, inflammation, namely, local alopecia, hyperkeratosis, hyperplasia and scaling, that persists to the end of the observation period specified by the method in at least two animals, or

      • (iii) in the case of data acquired from a scientifically validated method, evidence of severe skin irritation in only one animal

  • Marginal note:No classification

    (4) A substance that meets the following conditions need not be classified in any category or subcategory of this hazard class:

    • (a) there are human data or purposely generated animal data on the substance, acquired from a scientifically validated method, with respect to skin corrosion or skin irritation;

    • (b) the substance is not classified further to subsection (1), (2) or (3); and

    • (c) the data referred to in paragraph (a) demonstrate that it is neither a skin-corrosive substance nor a skin-irritant substance.

Marginal note:Other skin data from animals

 A substance for which there are animal data on dermal exposure, acquired from a scientifically validated method, that have not been purposely generated and that demonstrate that the substance is skin-corrosive or skin-irritant is classified, respectively, in the category “Skin Corrosion — Category 1” or the category “Skin Irritation — Category 2”.

Marginal note:In vitro or ex vivo data

 A substance for which the data, in vitro or ex vivo, acquired from a scientifically validated method for the evaluation of skin corrosion or skin irritation demonstrate that the substance is skin-corrosive or skin-irritant is classified, respectively, in the category “Skin Corrosion — Category 1” or the category “Skin Irritation — Category 2”.

Marginal note:pH

 A substance for which the pH is less than or equal to two or equal to or greater than 11.5 is classified in the category “Skin Corrosion — Category 1”, unless an assessment of alkali or acid reserve performed in accordance with established scientific principles supports the conclusion that it need not be classified as a skin-corrosive substance on the basis of its pH.

Marginal note:Structure-activity relationship — skin corrosion

  •  (1) A substance for which a structure-activity relationship, established in accordance with established scientific principles, supports the conclusion that the substance must be classified in the category “Skin Corrosion — Category 1” is classified in that category.

  • Marginal note:Structure-activity relationship — skin irritation

    (2) A substance for which a structure-activity relationship, established in accordance with established scientific principles, supports the conclusion that the substance must be classified in the category “Skin Irritation — Category 2” is classified in that category.

Marginal note:Totality of available data

 A substance for which an evaluation of the totality of available data, performed in accordance with established scientific principles, supports the conclusion that the substance is skin-corrosive or skin-irritant is classified, respectively, in the category “Skin Corrosion — Category 1” or the category “Skin Irritation — Category 2”.

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as skin-corrosive or as skin-irritant in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.2.9 to 8.2.11.

Marginal note:Data available for mixture as a whole

  •  (1) 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 in accordance with the order of sections 8.2.2 to 8.2.7, unless under subsection 8.2.2(4) the mixture need not be classified.

  • Marginal note:Data available for mixture as a whole — sections 8.2.10 and 8.2.11

    (2) If data of the types referred to in subparagraphs 2.1(a)(i) to (iv) are available for the mixture as a whole, but the mixture cannot be classified further to subsections 8.2.2(1) to (3) or sections 8.2.3 to 8.2.7, its classification in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.2.10 and 8.2.11.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as a skin-corrosive mixture or a skin-irritant mixture, in accordance with the bridging principles referred to in subsections 2.3(3) to (8), the mixture must be classified in a category or subcategory of this hazard class in accordance with those subsections.

Marginal note:Data available for ingredients

  •  (1) Subject to subsection (3), a mixture that contains one or more ingredients that are classified in the category “Skin Corrosion — Category 1” or the category “Skin Irritation — Category 2” is classified in a category or subcategory of this hazard class in accordance with subsection (2), subject to the following:

    • (a) ingredients that are classified in the category “Skin Corrosion — Category 1” or the category “Skin Irritation — Category 2” and are present in the mixture at a concentration equal to or greater than the concentration limit of 1.0% must be included in the calculation of the sum of concentrations of ingredients; and

    • (b) ingredients that are classified in the category “Skin Corrosion — Category 1” or the category “Skin Irritation — Category 2” and are present in the mixture at a concentration of less than the concentration limit of 1.0% must be included in the calculation of the sum of concentrations of ingredients only if there is evidence that, at the concentration at which they are present, the ingredients are skin-corrosive substances or skin-irritant substances.

  • Marginal note:Classification — mixture

    (2) A mixture is classified in a category of this hazard class in accordance with the following:

    • (a) if the sum of concentrations of ingredients classified in the category “Skin Corrosion — Category 1” is equal to or greater than 5.0%, the mixture is classified in the category “Skin Corrosion — Category 1”;

    • (b) if the sum of concentrations of ingredients classified in the category “Skin Corrosion — Category 1” is equal to or greater than 1.0% but less than 5.0%, the mixture is classified in the category “Skin Irritation — Category 2”;

    • (c) if the sum of concentrations of ingredients classified in the category “Skin Irritation — Category 2” is equal to or greater than 10.0%, the mixture is classified in the category “Skin Irritation — Category 2”; or

    • (d) if the sum of the results of the following subparagraphs is equal to or greater than 10.0%, the mixture is classified in the category “Skin Irritation — Category 2”:

      • (i) 10 times the sum of concentrations of ingredients classified in the category “Skin Corrosion — Category 1”, and

      • (ii) the sum of concentrations of ingredients classified in the category “Skin Irritation — Category 2”.

  • Marginal note:Mixtures containing particular ingredients

    (3) A mixture is classified in a category of this hazard class in accordance with the following table if it contains one or more substances, such as acids, bases, inorganic salts, aldehydes, phenols or surfactants, which could be corrosive or irritant at concentrations below the concentration limits set out in subsection (2) and at least one ingredient with a concentration that is above the concentration limits set out below:

    TABLE

    Column 1Column 2Column 3
    ItemCategoryIngredientConcentration Limits
    1Skin Corrosion — Category 1Acid with pH ≤ 2≥ 1.0%
    2Skin Corrosion — Category 1Base with pH ≥ 11.5≥ 1.0%
    3Skin Corrosion — Category 1Other ingredients classified in the category “Skin Corrosion — Category 1”≥ 1.0%
    4Skin Irritation — Category 2Other ingredients classified in the category “Skin Irritation — Category 2”, including acids and bases≥ 3.0%

SUBPART 3Serious Eye Damage/Eye Irritation

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

eye irritation

eye irritation means the production of changes in the eye that are fully reversible within an observation period of 21 days. (irritation oculaire)

serious eye damage

serious eye damage means the production of tissue damage in the eye or serious physical decay of vision

  • (a) for which data demonstrate that it is irreversible; or

  • (b) that is not fully reversible within an observation period of 21 days. (lésion oculaire grave)

Classification in a Category or Subcategory of the Class

Classification of Substances

Marginal note:Order of provisions

 The classification of a substance that causes serious eye damage or eye irritation in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.3.2 to 8.3.7, unless, after applying subsections 8.3.2(1) to (4), the substance is not classified further to subsection 8.3.2(5).

Marginal note:Human or animal data — serious eye damage

  •  (1) A substance for which there are human data or purposely generated animal data with respect to serious eye damage is classified in the category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Serious Eye Damage — Category 1

    A substance

    • (a) that, according to human data, causes serious eye damage;

    • (b) that, according to animal data acquired from a scientifically validated method from at least one animal, produces effects on the cornea, iris or conjunctiva

      • (i) that are irreversible as demonstrated by data, or

      • (ii) that are not fully reversible within an observation period of 21 days; or

    • (c) in respect of which animal data acquired from tests performed in accordance with the OECD Guideline for the Testing of Chemicals, No. 405, entitled Acute Eye Irritation/Corrosion, as amended from time to time, demonstrate a positive response in at least two of three animals, and the mean score calculated following gradings at 24, 48 and 72 hours after instillation of the substance, is

      • (i) in the case of corneal opacity, ≥ 3, or

      • (ii) in the case of iritis, > 1.5

  • Marginal note:Human data — eye irritation

    (2) A substance for which human data demonstrate that it causes eye irritation is classified in the category “Eye Irritation — Category 2”.

  • Marginal note:Animal data — eye irritation

    (3) A substance for which purposely generated animal data demonstrate that it causes eye irritation is classified in the category “Eye Irritation — Category 2” and is, if the applicable data are available, further classified in the appropriate subcategory in accordance with the following table:

    TABLE

    Column 1Column 2Column 3
    ItemCategorySubcategoryCriteria
    1Eye Irritation — Category 2Eye Irritation — Category 2A

    A substance that is not classified in the category “Serious Eye Damage — Category 1” and in respect of which animal data acquired from tests performed in accordance with the OECD Guideline for the Testing of Chemicals, No. 405, entitled Acute Eye Irritation/Corrosion, as amended from time to time, demonstrate in at least two of three animals a positive response that fully reverses within an observation period of more than seven days but not more than 21 days, and the mean score calculated following gradings at 24, 48 and 72 hours after instillation of the substance, is

    • (a) in the case of corneal opacity, ≥ 1;

    • (b) in the case of iritis, ≥ 1;

    • (c) in the case of conjunctival redness, ≥ 2; or

    • (d) in the case of conjunctival edema (chemosis), ≥ 2

    2Eye Irritation — Category 2Eye Irritation — Category 2B

    A substance that is not classified in the category “Serious Eye Damage — Category 1” and in respect of which animal data acquired from tests performed in accordance with the OECD Guideline for the Testing of Chemicals, No. 405, entitled Acute Eye Irritation/Corrosion, as amended from time to time, demonstrate in at least two of three animals a positive response that fully reverses within an observation period of seven days, and the mean score calculated following gradings at 24, 48 and 72 hours after instillation of the substance, is

    • (a) in the case of corneal opacity, ≥ 1;

    • (b) in the case of iritis, ≥ 1;

    • (c) in the case of conjunctival redness, ≥ 2; or

    • (d) in the case of conjunctival edema (chemosis), ≥ 2

  • Marginal note:Skin corrosion data

    (4) A substance that is classified in the category “Skin Corrosion — Category 1” in accordance with subsections 8.2.2(1) and (2) is also classified in the category “Serious Eye Damage — Category 1” of this hazard class.

  • Marginal note:No classification

    (5) A substance that meets the following conditions need not be classified in any category of this hazard class:

    • (a) the substance is not classified further to subsections (1) to (4); and

    • (b) human data or purposely generated animal data on the substance, acquired from a scientifically validated method, with respect to serious eye damage or eye irritation, demonstrate that the substance does not cause serious eye damage or eye irritation.

Marginal note:Other animal data — eye or skin exposure

 A substance for which there are animal data on eye exposure that demonstrate, or animal data on skin exposure that support the conclusion, that the substance causes serious eye damage or eye irritation is classified in the category “Serious Eye Damage — Category 1” or the category “Eye Irritation — Category 2”, and, in the latter case, if the applicable data are available, the substance is further classified in the subcategory “Eye Irritation — Category 2A” or in the subcategory “Eye Irritation — Category 2B”.

Marginal note:In vitro or ex vivo data — serious eye damage

  •  (1) A substance for which the data, in vitro or ex vivo, acquired from a scientifically validated method for the evaluation of serious eye damage demonstrate that the substance causes serious eye damage is classified in the category “Serious Eye Damage — Category 1”.

  • Marginal note:In vitro or ex vivo data — eye irritation

    (2) A substance for which the data, in vitro or ex vivo, acquired from a scientifically validated method for the evaluation of eye irritation demonstrate that the substance causes eye irritation is classified in the category “Eye Irritation — Category 2” and, if the applicable data are available, the substance is further classified in the subcategory “Eye Irritation — Category 2A” or in the subcategory “Eye Irritation — Category 2B”.

Marginal note:pH

 A substance for which the pH is less than or equal to two or equal to or greater than 11.5 is classified in the category “Serious Eye Damage — Category 1”, unless an assessment of alkali or acid reserve performed in accordance with established scientific principles supports the conclusion that it need not be classified as a substance that causes serious eye damage on the basis of its pH.

Marginal note:Structure-activity relationship — serious eye damage

  •  (1) A substance for which a structure-activity relationship, established in accordance with established scientific principles, supports the conclusion that the substance must be classified in the category “Serious Eye Damage — Category 1” is classified in that category.

  • Marginal note:Structure-activity relationship — eye irritation

    (2) A substance for which a structure-activity relationship, established in accordance with established scientific principles, supports the conclusion that the substance must be classified in the category “Eye Irritation — Category 2” is classified in that category and, if the applicable data are available, the substance is further classified in the subcategory “Eye Irritation — Category 2A” or in the subcategory “Eye Irritation — Category 2B”.

Marginal note:Totality of available data

 A substance for which an evaluation of the totality of available data, performed in accordance with established scientific principles, supports the conclusion that the substance causes serious eye damage or eye irritation is classified in the category “Serious Eye Damage — Category 1” or the category “Eye Irritation — Category 2” and, in the latter case, if the applicable data are available, the substance is further classified in the subcategory “Eye Irritation — Category 2A” or in the subcategory “Eye Irritation — Category 2B”.

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a mixture that causes serious eye damage or eye irritation in a category of this hazard class must proceed in accordance with the order of sections 8.3.9 to 8.3.11.

Marginal note:Data available for mixture as a whole

  •  (1) 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 in accordance with the order of sections 8.3.2 to 8.3.7 unless, under subsection 8.3.2(5), the mixture need not be classified.

  • Marginal note:Data available for mixture as a whole — sections 8.3.10 and 8.3.11

    (2) If data of the types referred to in subparagraphs 2.1(a)(i) to (iv) are available for the mixture as a whole, but the mixture cannot be classified further to subsections 8.3.2(1) to (4) or sections 8.3.3 to 8.3.7, its classification in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.3.10 and 8.3.11.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as a mixture that causes serious eye damage or eye irritation, in accordance with the bridging principles referred to in subsections 2.3(3) to (8), the mixture must be classified in a category or subcategory of this hazard class in accordance with those subsections.

Marginal note:Data available for ingredients

  •  (1) Subject to subsection (3), a mixture that contains one or more ingredients that are classified in the category “Serious Eye Damage — Category 1” or the category “Eye Irritation — Category 2” is classified in a category of this hazard class in accordance with subsection (2), subject to the following:

    • (a) ingredients that are classified in the category “Serious Eye Damage — Category 1” or the category “Eye Irritation — Category 2” and are present in the mixture at a concentration equal to or greater than the concentration limit of 1.0% must be included in the calculation of the sum of concentrations of ingredients; and

    • (b) ingredients that are classified in the category “Serious Eye Damage — Category 1” or the category “Eye Irritation — Category 2” and are present in the mixture at a concentration of less than the concentration limit of 1.0% must be included in the calculation of the sum of concentrations of ingredients only if there is evidence that, at the concentration at which they are present, the ingredients are substances that cause serious eye damage or eye irritation.

  • Marginal note:Classification — mixture

    (2) A mixture is classified in a category of this hazard class in accordance with the following:

    • (a) if the sum of concentrations of ingredients classified in the categories “Serious Eye Damage — Category 1” and “Skin Corrosion — Category 1” is equal to or greater than 3.0%, the mixture is classified in the category “Serious Eye Damage — Category 1”;

    • (b) if the sum of concentrations of ingredients classified in the categories “Serious Eye Damage — Category 1” and “Skin Corrosion — Category 1” is equal to or greater than 1.0% but less than 3.0%, the mixture is classified in the category “Eye Irritation — Category 2”;

    • (c) if the sum of concentrations of ingredients classified in the category “Eye Irritation — Category 2” is equal to or greater than 10.0%, the mixture is classified in the category “Eye Irritation — Category 2”; or

    • (d) if the sum of the results of the following subparagraphs is equal to or greater than 10.0%, the mixture is classified in the category “Eye Irritation — Category 2”:

      • (i) 10 times the total of the sum of concentrations of ingredients classified in the category “Serious Eye Damage — Category 1” and the sum of concentrations of ingredients classified in the category “Skin Corrosion — Category 1”, and

      • (ii) the sum of concentrations of ingredients classified in the category “Eye Irritation — Category 2”.

  • Marginal note:Mixtures containing particular ingredients

    (3) A mixture is classified in a category of this hazard class in accordance with the following table if the mixture contains one or more substances, such as acids, bases, inorganic salts, aldehydes, phenols or surfactants, which could cause serious eye damage or eye irritation at concentrations below the concentration limits set out in subsection (2) and at least one ingredient with a concentration that is above the concentration limits set out below:

    TABLE

    Column 1Column 2Column 3
    ItemCategoryIngredientConcentration Limits
    1Serious Eye Damage — Category 1Acid with pH ≤ 2≥ 1.0%
    2Serious Eye Damage — Category 1Base with pH ≥ 11.5≥ 1.0%
    3Serious Eye Damage — Category 1Other ingredients classified in the category “Serious Eye Damage — Category 1”≥ 1.0%
    4Eye Irritation — Category 2Other ingredients classified in the category “Eye Irritation — Category 2”, including acids and bases≥ 3.0%

SUBPART 4Respiratory or Skin Sensitization

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

respiratory sensitization

respiratory sensitization means the production of hypersensitivity of the airways following inhalation. (sensibilisation respiratoire)

respiratory sensitizer

respiratory sensitizer means a mixture or substance that is liable to lead to hypersensitivity of the airways following inhalation. (sensibilisant respiratoire)

skin sensitization

skin sensitization means the production of an allergic response following skin contact. (sensibilisation cutanée)

skin sensitizer

skin sensitizer means a mixture or substance that is liable to lead to an allergic response following skin contact. (sensibilisant cutané)

Classification in a Category or Subcategory of the Class

Classification of Substances

Marginal note:Respiratory sensitizer — category

  •  (1) A substance that is a respiratory sensitizer is classified in the category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Respiratory Sensitizer — Category 1

    A substance

    • (a) that, according to human data, leads to specific respiratory hypersensitivity; or

    • (b) in respect of which animal data acquired from scientifically validated methods for the evaluation of respiratory sensitization demonstrate positive results

  • Marginal note:Respiratory sensitizer — subcategories

    (2) A substance classified in the category “Respiratory Sensitizer — Category 1” under subsection (1) is, if the applicable data are available, further classified in the subcategory “Respiratory Sensitizer — Category 1A” or in the subcategory “Respiratory Sensitizer — Category 1B” in accordance with the following table:

    TABLE

    Column 1Column 2Column 3
    ItemCategorySubcategoryCriteria
    1Respiratory Sensitizer — Category 1Respiratory Sensitizer — Category 1A

    A substance

    • (a) that, according to human data, leads to a high frequency of occurrence of respiratory sensitization; or

    • (b) in respect of which animal data support the probability of a high respiratory sensitization rate in humans

    2Respiratory Sensitizer — Category 1Respiratory Sensitizer — Category 1B

    A substance

    • (a) that, according to human data, leads to a low to moderate frequency of occurrence of respiratory sensitization; or

    • (b) in respect of which animal data support the probability of a low to moderate respiratory sensitization rate in humans

  • Marginal note:Skin sensitizer — category

    (3) A substance that is a skin sensitizer is classified in the category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Skin Sensitizer — Category 1

    A substance

    • (a) that, according to human data, leads to skin sensitization; or

    • (b) in respect of which animal data acquired from scientifically validated methods for the evaluation of skin sensitization demonstrate positive results

  • Marginal note:Skin sensitizer — subcategories

    (4) A substance classified in the category “Skin Sensitizer — Category 1” under subsection (3) is, if the applicable data are available, further classified in the subcategory “Skin Sensitizer — Category 1A” or in the subcategory “Skin Sensitizer — Category 1B” in accordance with the following table:

    TABLE

    Column 1Column 2Column 3
    ItemCategorySubcategoryCriteria
    1Skin Sensitizer — Category 1Skin Sensitizer — Category 1A

    A substance

    • (a) that, according to human data, leads to a high frequency of occurrence of skin sensitization; or

    • (b) in respect of which animal data acquired from scientifically validated methods for the evaluation of skin sensitization support the probability of a high skin sensitization rate in humans

    2Skin Sensitizer — Category 1Skin Sensitizer — Category 1B

    A substance

    • (a) that, according to human data, leads to a low to moderate frequency of occurrence of skin sensitization; or

    • (b) in respect of which animal data acquired from scientifically validated methods for the evaluation of skin sensitization support the probability of a low to moderate skin sensitization rate in humans

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a respiratory sensitizer or a skin sensitizer, or both, in one or more categories of this hazard class must proceed in accordance with the order of sections 8.4.3 to 8.4.5.

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 respiratory sensitizer or a skin sensitizer, or both, in accordance with section 8.4.1.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as a respiratory sensitizer or a skin sensitizer, or both, in accordance with the bridging principles referred to in subsections 2.3(3) to (8), the mixture must be classified in a category of this hazard class in accordance with those subsections.

Marginal note:Data available for ingredients

 A mixture is classified as a respiratory sensitizer or as a skin sensitizer, or both, as the case may be, in accordance with the following:

  • (a) as a respiratory sensitizer,

    • (i) in the category “Respiratory Sensitizer — Category 1”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the category “Respiratory Sensitizer — Category 1”,

    • (ii) in the subcategory “Respiratory Sensitizer — Category 1A”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the subcategory “Respiratory Sensitizer — Category 1A”, or

    • (iii) in the subcategory “Respiratory Sensitizer — Category 1B”, if it does not contain ingredients classified in the subcategory “Respiratory Sensitizer — Category 1A” at a concentration equal to or greater than the concentration limit of 0.1% and

      • (A) it contains at least one ingredient that is a solid or a liquid at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the subcategory “Respiratory Sensitizer — Category 1B”, or

      • (B) it contains at least one ingredient that is a gas at a concentration equal to or greater than the concentration limit of 0.2% that is classified in the subcategory “Respiratory Sensitizer — Category 1B”; or

  • (b) as a skin sensitizer,

    • (i) in the category “Skin Sensitizer — Category 1”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the category “Skin Sensitizer — Category 1”,

    • (ii) in the subcategory “Skin Sensitizer — Category 1A”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the subcategory “Skin Sensitizer — Category 1A”, or

    • (iii) in the subcategory “Skin Sensitizer — Category 1B”, if it does not contain ingredients classified in the subcategory “Skin Sensitizer — Category 1A” at a concentration equal to or greater than the concentration limit of 0.1% and it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the subcategory “Skin Sensitizer — Category 1B”.

SUBPART 5Germ Cell Mutagenicity

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

genotoxicity

genotoxicity means the alteration of the structure, information content or segregation of DNA by an agent or process, including those agents or processes that cause DNA damage by interfering with normal replication processes or that in a non-physiological manner temporarily alter its replication. (génotoxicité)

germ cell mutagen

germ cell mutagen means a mixture or substance that is liable to lead to an increased occurrence of mutations in the germ cells of a population. (mutagène des cellules germinales)

mutagenic

mutagenic means, in relation to a mixture or substance, liable to lead to an increased occurrence of mutations in populations of cells or organisms. (mutagène)

mutagenicity

mutagenicity means an increased occurrence of mutations in populations of cells or organisms. (mutagénicité)

mutation

mutation means a permanent change in the amount or structure of the genetic material in a cell and includes

  • (a) the heritable genetic changes that may be manifested at the phenotypic level; and

  • (b) the underlying DNA modifications when known, including specific base pair changes and chromosomal translocations. (mutation)

Classification in a Category or Subcategory of the Class

Classification of Substances

Marginal note:Categories

 A substance that is a germ cell mutagen is classified in a category or subcategory of this hazard class in accordance with the following table:

TABLE

Column 1Column 2Column 3
ItemCategorySubcategoryCriteria
1Germ Cell Mutagenicity — Category 1Germ Cell Mutagenicity — Category 1AA substance that, according to data from human epidemiological studies, induces heritable mutations in germ cells
2Germ Cell Mutagenicity — Category 1Germ Cell Mutagenicity — Category 1B

A substance in respect of which

  • (a) data acquired from in vivo heritable germ cell mutagenicity tests in mammals demonstrate positive results;

  • (b) data acquired from in vivo somatic cell mutagenicity tests in mammals demonstrate positive results and there is evidence that the substance has the potential to cause mutations to germ cells, such as

    • (i) in germ cells, positive in vivo mutagenicity test results or positive in vivo genotoxicity test results, or

    • (ii) evidence that the substance or any of its metabolites is able to interact with the genetic material of germ cells; or

  • (c) data on human germ cells demonstrate mutagenic effects, with or without demonstrating transmission to offspring, including an increase in the frequency of aneuploidy in sperm of men exposed to the substance

3Germ Cell Mutagenicity — Category 2

A substance in respect of which

  • (a) data acquired from in vivo somatic cell mutagenicity tests in mammals demonstrate positive results;

  • (b) data acquired from in vivo somatic cell genotoxicity tests demonstrate positive results and data acquired from in vitro mutagenicity tests demonstrate positive results; or

  • (c) data acquired from in vitro mutagenicity tests in mammalian cells demonstrate positive results and the substance has a structure-activity relationship with germ cell mutagens classified in the subcategory “Germ Cell Mutagenicity — Category 1A”

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a germ cell mutagen in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.5.3 to 8.5.5.

Marginal note:Ingredient classified in Category 1A or 1B

 A mixture is classified in the category “Germ Cell Mutagenicity — Category 1” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the subcategory “Germ Cell Mutagenicity — Category 1A” or in the subcategory “Germ Cell Mutagenicity — Category 1B”, unless

  • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture is a germ cell mutagen, in which case the mixture is classified as a germ cell mutagen in accordance with section 8.5.1; or

  • (b) the mixture as a whole has been subjected to an in vivo heritable germ cell mutagenicity test that determines that the mixture is not a germ cell mutagen, and a scientifically validated method was used and the test was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

Marginal note:Ingredient classified in Category 2

 A mixture is classified in the category “Germ Cell Mutagenicity — Category 2” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the category “Germ Cell Mutagenicity — Category 2”, unless

  • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture is a germ cell mutagen, in which case the mixture is classified as a germ cell mutagen in accordance with section 8.5.1; or

  • (b) the mixture as a whole has been subjected to an in vivo heritable germ cell mutagenicity test that determines that the mixture is not a germ cell mutagen, and a scientifically validated method was used and the test was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as a germ cell mutagen, in accordance with the bridging principles referred to in subsections 2.3(3), (4) and (7), the mixture must be classified in accordance with those subsections.

SUBPART 6Carcinogenicity

Definition

Definition of carcinogenic

 In this Subpart, carcinogenic means, in relation to a mixture or substance, liable to lead to cancer or increase the incidence of cancer.

Classification in a Category or Subcategory of the Class

Classification of Substances

Marginal note:Categories

 A carcinogenic substance is classified in a category or subcategory of this hazard class in accordance with the following table:

TABLE

Column 1Column 2Column 3
ItemCategorySubcategoryCriteria
1Carcinogenicity — Category 1Carcinogenicity — Category 1AA substance in respect of which human data establish a causal relationship between exposure to the substance and the development of cancer
2Carcinogenicity — Category 1Carcinogenicity — Category 1B

A substance in respect of which

  • (a) human data establish a causal relationship between exposure to the substance and the development of cancer, but there are additional data that do not support, based on established scientific principles, the conclusion that the substance is the causative agent;

  • (b) animal data establish a causal relationship between exposure to the substance and an increased incidence of malignant neoplasms or a combination of benign and malignant neoplasms in

    • (i) two or more species of animals, as demonstrated by one or more studies,

    • (ii) one species of animal, as demonstrated by two or more independent studies carried out at different times, in different laboratories or under different protocols, or

    • (iii) one species of animal, as demonstrated by a single study, if the neoplasms observed in the study are, based on established scientific principles, atypical in relation to the incidence, site, type or age at onset for the species of animal under study; or

  • (c) human data support a positive association between exposure to the substance and the development of cancer, and animal data support a positive association between exposure to the substance and an increased incidence of malignant or benign neoplasms, but the data supporting either positive association do not support a conclusion of a causal relationship, based on established scientific principles

3Carcinogenicity — Category 2

A substance in respect of which

  • (a) human data support a positive association between exposure to the substance and the development of cancer, but do not support a conclusion of a causal relationship, based on established scientific principles; or

  • (b) animal data support a positive association between exposure to the substance and an increased incidence of malignant or benign neoplasms, but do not support a conclusion of a causal relationship, based on established scientific principles

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a carcinogenic mixture in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.6.3 to 8.6.5.

Marginal note:Ingredient classified in Category 1A or 1B

 A mixture is classified in the category “Carcinogenicity — Category 1” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the subcategory “Carcinogenicity — Category 1A” or in the subcategory “Carcinogenicity — Category 1B”, unless

  • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture is carcinogenic, in which case the mixture is classified as a carcinogenic mixture in accordance with section 8.6.1; or

  • (b) the mixture as a whole has been subjected to a carcinogenicity study that determines that the mixture is not carcinogenic, and a scientifically validated method was used and the study was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

Marginal note:Ingredient classified in Category 2

 A mixture is classified in the category “Carcinogenicity — Category 2” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the category “Carcinogenicity — Category 2”, unless

  • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture is carcinogenic, in which case the mixture is classified as a carcinogenic mixture in accordance with section 8.6.1; or

  • (b) the mixture as a whole has been subjected to a carcinogenicity study that determines that the mixture is not carcinogenic, and a scientifically validated method was used and the study was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as carcinogenic, in accordance with the bridging principles referred to in subsections 2.3(3), (4) and (7), the mixture must be classified in accordance with those subsections.

SUBPART 7Reproductive Toxicity

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

adverse effects on sexual function and fertility

adverse effects on sexual function and fertility means any effect of a mixture or substance that is liable to interfere with sexual function or fertility, including

  • (a) alterations to the female or male reproductive system;

  • (b) adverse effects on onset of puberty, gamete production or transport, the reproductive cycle, sexual behaviour, parturition or pregnancy outcomes;

  • (c) premature reproductive senescence; or

  • (d) any modifications to other functions that are dependent on the integrity of the reproductive system. (effets néfastes sur la fonction sexuelle et la fertilité)

adverse effects on the development of the embryo, fetus or offspring

adverse effects on the development of the embryo, fetus or offspring means any adverse effects of a mixture or substance on the embryo, fetus or offspring, resulting from exposure of either parent to the mixture or substance prior to conception or exposure of the developing embryo or fetus to the mixture or substance during prenatal development, or of the offspring during postnatal development to the time of sexual maturation, that is manifested at any point in the development of the embryo or fetus, or that is manifested at any point in the lifespan of the offspring, and that includes the loss of the embryo or fetus, death of the developing offspring, structural abnormality, altered growth and functional deficiency. This definition excludes the induction of genetically based inheritable effects in the offspring. (effets néfastes sur le développement de l’embryon, du foetus ou de la progéniture)

effects on or via lactation

effects on or via lactation means

  • (a) any effect of a mixture or substance that interferes with lactation; or

  • (b) the presence of the mixture or substance, or its metabolites, in the maternal milk in amounts for which there is evidence that supports the conclusion, based on established scientific principles, that the health of the breast-fed child or suckling animal is liable to be threatened. (effets sur ou via l’allaitement)

reproductive toxicity

reproductive toxicity refers to

  • (a) adverse effects on sexual function and fertility;

  • (b) adverse effects on the development of the embryo, fetus or offspring; or

  • (c) effects on or via lactation. (toxicité pour la reproduction)

toxic to reproduction

toxic to reproduction means, in relation to a mixture or substance, liable to lead to reproductive toxicity. (toxique pour la reproduction)

Classification in a Category or Subcategory of the Class

Classification of Substances

Marginal note:Categories or subcategories — Categories 1A, 1B and 2

  •  (1) A substance that is toxic to reproduction is classified in a category or subcategory of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2Column 3
    ItemCategorySubcategoryCriteria
    1Reproductive Toxicity — Category 1Reproductive Toxicity — Category 1AA substance in respect of which human data demonstrate that exposure to the substance leads to adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring
    2Reproductive Toxicity — Category 1Reproductive Toxicity — Category 1B

    A substance in respect of which animal data demonstrate that exposure of the animal to the substance leads to the following:

    • (a) adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, in the absence of other toxic effects; or

    • (b) adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, in the presence of other toxic effects, provided that such adverse effects are not considered to be a secondary non-specific consequence of the other toxic effects

    3Reproductive Toxicity — Category 2A substance in respect of which human or animal data support a positive association between exposure to the substance and adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, but do not support a conclusion, based on established scientific principles, that exposure to the substance leads to such effects
  • Marginal note:Category — effects on or via lactation

    (2) A substance that is toxic to reproduction is classified in the category of this hazard class in accordance with the following table:

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Reproductive Toxicity — Effects on or via LactationA substance that, according to human or animal data, has effects on or via lactation
Classification of Mixtures

Marginal note:Order of provisions

 Subject to subsection 8.7.5(2), the classification of a mixture as a mixture that is toxic to reproduction in a category or subcategory of this hazard class must proceed in accordance with the order of sections 8.7.3 to 8.7.6.

Marginal note:Ingredient classified in Reproductive Toxicity — Category 1A or 1B

 A mixture is classified in the category “Reproductive Toxicity — Category 1” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the subcategory “Reproductive Toxicity — Category 1A” or in the subcategory “Reproductive Toxicity — Category 1B”, unless

  • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture has adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, in which case the mixture is classified as a mixture that is toxic to reproduction in accordance with subsection 8.7.1(1); or

  • (b) the mixture as a whole has been subjected to a reproductive toxicity study that determines that the mixture does not have adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, and a scientifically validated method was used and the study was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

Marginal note:Ingredient classified in Reproductive Toxicity — Category 2

 A mixture is classified in the category “Reproductive Toxicity — Category 2” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the category “Reproductive Toxicity — Category 2”, unless

  • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture has adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, in which case the mixture is classified as a mixture that is toxic to reproduction in accordance with subsection 8.7.1(1); or

  • (b) the mixture as a whole has been subjected to a reproductive toxicity study that determines that the mixture does not have adverse effects on sexual function and fertility or adverse effects on the development of the embryo, fetus or offspring, and a scientifically validated method was used and the study was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

Marginal note:Ingredient classified in Reproductive Toxicity — Effects on or via Lactation

  •  (1) A mixture is classified in the category “Reproductive Toxicity — Effects on or via Lactation” if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 0.1% that is classified in the category “Reproductive Toxicity — Effects on or via Lactation”, unless

    • (a) there are data for the mixture as a whole that demonstrate conclusively, based on established scientific principles, that the mixture has effects on or via lactation, in which case the mixture is classified as a mixture that is toxic to reproduction in accordance with subsection 8.7.1(2); or

    • (b) the mixture as a whole has been subjected to a reproductive toxicity study that determines that the mixture does not have effects on or via lactation, and a scientifically validated method was used and the study was performed in accordance with generally accepted standards of good scientific practice at the time it was carried out.

  • Marginal note:Classification in Category 1A, 1B or 2 and in Reproductive Toxicity — Effects on or via Lactation

    (2) Despite subsection 2.2(3), a mixture that has been classified in accordance with section 8.7.3 or 8.7.4 and meets the criteria of subsection (1) is also classified in the category “Reproductive Toxicity — Effects on or via Lactation”.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as toxic to reproduction in accordance with the bridging principles referred to in subsections 2.3(3), (4) and (7), the mixture must be classified in accordance with those subsections, in the following categories:

  • (a) “Reproductive Toxicity — Category 1”;

  • (b) “Reproductive Toxicity — Category 2”;

  • (c) “Reproductive Toxicity — Effects on or via Lactation”;

  • (d) both “Reproductive Toxicity — Category 1” and “Reproductive Toxicity — Effects on or via Lactation”; or

  • (e) both “Reproductive Toxicity — Category 2” and “Reproductive Toxicity — Effects on or via Lactation”.

SUBPART 8Specific Target Organ Toxicity — Single Exposure

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

narcotic effects

narcotic effects means central nervous system depression that

  • (a) in humans, may present as drowsiness, narcosis, reduced alertness, loss of reflexes, lack of coordination, vertigo, severe headache or nausea and may lead to reduced judgment, dizziness, irritability, fatigue, impaired memory function, deficits in perception or coordination, prolonged reaction time or sleepiness; and

  • (b) in animals, may be observed as lethargy, lack of coordination righting reflex, narcosis or ataxia. (effets narcotiques)

organ

organ includes any biological system. (organe)

respiratory tract irritation

respiratory tract irritation means localized redness, edema, pruritis or irritant effects in the respiratory tract that impair its function, whether or not accompanied by cough, pain, choking, breathing difficulties or other respiratory symptoms. (irritation des voies respiratoires)

specific target organ toxicity arising from a single exposure

specific target organ toxicity arising from a single exposure means specific, non-lethal toxic effects on target organs that arise from a single exposure to a mixture or substance, including all health effects liable to impair function of the body or any of its parts, whether reversible or irreversible, immediate or delayed, but excludes effects resulting from health hazards addressed by Subparts 1 to 7 and 10 of this Part. (toxicité pour certains organes cibles à la suite d’une exposition unique)

Classification in a Category of the Class

Classification of Substances

Marginal note:Two evaluations

  •  (1) In order to establish the classification of a substance that causes specific target organ toxicity arising from a single exposure in one or more categories of this hazard class, the substance must be evaluated in accordance with all the criteria set out in column 2 of the following table, in relation to toxic effects on

    • (a) the central nervous system and respiratory tract; and

    • (b) other specific target organs.

    TABLE

    Column 1Column 2
    ItemCategoryCriteria
    1Specific Target Organ Toxicity — Single Exposure — Category 1

    A substance that

    • (a) according to human data, causes specific target organ toxicity arising from a single exposure; or

    • (b) according to animal data, causes specific target organ toxicity arising from a single exposure at low exposure concentrations, within the concentration value ranges set out for Category 1 in Table 3.8.1 of the GHS

    2Specific Target Organ Toxicity — Single Exposure — Category 2A substance that, according to animal data, causes specific target organ toxicity arising from a single exposure at moderate exposure concentrations, within the concentration value ranges set out for Category 2 in Table 3.8.1 of the GHS
    3Specific Target Organ Toxicity — Single Exposure — Category 3A substance in respect of which data demonstrate that a single exposure to the substance generates transient narcotic effects or transient respiratory tract irritation
  • Marginal note:Classification

    (2) Following the evaluations referred to in subsection (1), the substance is classified in one or more categories of this hazard class, based on the results of the evaluations of its toxic effects as set out in columns 1 and 2 of the following table, in accordance with the corresponding category set out in column 3:

    TABLE

    Column 1Column 2Column 3
    Item Number of the Table to Subsection (1) that is Associated with the Criteria in Column 2 of that Table that are Determined to Have Been Met as a Result of the Evaluation of the Following:Classification
    ItemToxic Effects on the Central Nervous System and Respiratory TractToxic Effects on Other Specific Target OrgansCategory of the “Specific Target Organ Toxicity — Single Exposure” Hazard Class
    1NoneItem 1Category 1
    2Item 1NoneCategory 1
    3Item 1Item 1Category 1
    4NoneItem 2Category 2
    5Item 2NoneCategory 2
    6Item 1Item 2Category 1
    7Item 2Item 1Category 1
    8Item 2Item 2Category 2
    9Item 3NoneCategory 3
    10Item 3Item 1Category 1 and Category 3
    11Item 3Item 2Category 2 and Category 3
Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a mixture that causes specific target organ toxicity arising from a single exposure in a category of this hazard class must proceed in accordance with the order of sections 8.8.3 to 8.8.5.

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 mixture that causes specific target organ toxicity arising from a single exposure in accordance with section 8.8.1.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as a mixture that causes specific target organ toxicity arising from a single exposure, in accordance with the bridging principles referred to in subsections 2.3(3) to (8), the mixture must be classified in one or more categories of this hazard class, based on the table to subsection 8.8.1(2), in accordance with those subsections.

Marginal note:Data available for ingredients — Category 1, 2 or 3

  •  (1) A mixture that contains one or more ingredients that are classified as a substance that causes specific target organ toxicity arising from a single exposure is classified as follows:

    • (a) in the category “Specific Target Organ Toxicity — Single Exposure — Category 1”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the category “Specific Target Organ Toxicity — Single Exposure — Category 1”;

    • (b) in the category “Specific Target Organ Toxicity — Single Exposure — Category 2”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the category “Specific Target Organ Toxicity — Single Exposure — Category 2”; or

    • (c) in the category “Specific Target Organ Toxicity — Single Exposure — Category 3”, if it contains at least one ingredient that is classified in the category “Specific Target Organ Toxicity — Single Exposure — Category 3” that is

      • (i) at a concentration equal to or greater than the concentration at which the effect is elicited, if known,

      • (ii) at a concentration equal to or greater than the concentration limit of 20.0%, or

      • (iii) at a concentration of 1.0% or more that which, when added to the concentration of all other ingredients present individually at a concentration of 1.0% or more and classified in the category “Specific Target Organ Toxicity — Single Exposure — Category 3”, is equal to or greater than the concentration limit of 20.0%.

  • Marginal note:Data available for ingredients — Categories 1 and 3 or 2 and 3

    (2) Despite subsection 2.2(3), a mixture that has been classified in accordance with paragraph (1)(a) or (b) and meets the criteria of paragraph (1)(c) is also classified in the category “Specific Target Organ Toxicity — Single Exposure — Category 3”.

SUBPART 9Specific Target Organ Toxicity — Repeated Exposure

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

organ

organ includes any biological system. (organe)

specific target organ toxicity arising from repeated exposure

specific target organ toxicity arising from repeated exposure means specific toxic effects on target organs that arise from repeated exposure to a mixture or substance, including all health effects liable to impair function of the body or any of its parts, whether reversible or irreversible, immediate or delayed, but excludes effects resulting from health hazards addressed by Subparts 1 to 7 and 10 of this Part. (toxicité pour certains organes cibles à la suite d’expositions répétées)

Classification in a Category of the Class

Classification of Substances

Marginal note:Categories

 A substance that causes specific target organ toxicity arising from repeated exposure is classified in a category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Specific Target Organ Toxicity — Repeated Exposure — Category 1

A substance that

  • (a) according to human data, causes specific target organ toxicity arising from repeated exposure; or

  • (b) according to animal data, causes specific target organ toxicity arising from repeated exposure at low exposure concentrations, within the concentration value ranges set out in Table 3.9.1 of the GHS

2Specific Target Organ Toxicity — Repeated Exposure — Category 2A substance that, according to animal data, causes specific target organ toxicity arising from repeated exposure at moderate exposure concentrations, within the concentration value ranges set out in Table 3.9.2 of the GHS
Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as a mixture that causes specific target organ toxicity arising from repeated exposure in a category of this hazard class must proceed in accordance with the order of sections 8.9.3 to 8.9.5.

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 mixture that causes specific target organ toxicity arising from repeated exposure in accordance with section 8.9.1.

Marginal note:Data available for use of bridging principles

 If data are available to enable the characterization of the mixture as a mixture that causes specific target organ toxicity arising from repeated exposure, in accordance with the bridging principles referred to in subsections 2.3(3) to (8), the mixture must be classified in a category of this hazard class in accordance with those subsections.

Marginal note:Data available for ingredients

 A mixture that contains one or more ingredients that are classified as a substance that causes specific target organ toxicity arising from repeated exposure is classified as follows:

  • (a) in the category “Specific Target Organ Toxicity — Repeated Exposure — Category 1”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the category “Specific Target Organ Toxicity — Repeated Exposure — Category 1”; or

  • (b) in the category “Specific Target Organ Toxicity — Repeated Exposure — Category 2”, if it contains at least one ingredient at a concentration equal to or greater than the concentration limit of 1.0% that is classified in the category “Specific Target Organ Toxicity — Repeated Exposure — Category 2”.

SUBPART 10Aspiration Hazard

Definitions

Marginal note:Definitions

 The following definitions apply in this Subpart.

aspiration toxicant

aspiration toxicant means a mixture or substance that is liable to cause aspiration toxicity. (toxique par aspiration)

aspiration toxicity

aspiration toxicity includes severe acute effects, such as chemical pneumonia, varying degrees of pulmonary injury or death, following the entry of a liquid or solid directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea and lower respiratory system. (toxicité par aspiration)

Classification in the Category of the Class

Classification of Substances

Marginal note:Category

 A substance that is an aspiration toxicant is classified in the category of this hazard class in accordance with the following table:

TABLE

Column 1Column 2
ItemCategoryCriteria
1Aspiration Hazard — Category 1

A substance that

  • (a) according to human data, produces aspiration toxicity if aspirated; or

  • (b) in the case of a liquid hydrocarbon, has a kinematic viscosity ≤ 20.5 mm2/s, measured at 40°C

Classification of Mixtures

Marginal note:Order of provisions

 The classification of a mixture as an aspiration toxicant in the category of this hazard class must proceed in accordance with the order of sections 8.10.3 to 8.10.5.

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

Column 1Column 2
ItemCategoryCriteria
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

Column 1Column 2
ItemCategoryCriteria
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

    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

    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.

Repeals

 [Repeal]

 [Repeal]

Coming into Force

Marginal note:S.C. 2014, c. 20

Footnote * These Regulations come into force on the first day on which sections 114, 115 and 120 of the Economic Action Plan 2014 Act, No. 1 are all in force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1(Paragraphs 4(1)(a) and (b), subsection 4(2), paragraph 4.1(1)(b) and subsections 5(6), 5.6(2) and (3), 5.7(5) to (10), 5.8(1) and 5.9(1))

Information Elements on Safety Data Sheet

Column 1Column 2
ItemHeadingSpecific Information Elements
1Identification
  • (a) product identifier;

  • (b) other means of identification;

  • (c) recommended use and restrictions on use;

  • (d) initial supplier identifier; and

  • (e) emergency telephone number and any restrictions on the use of that number, if applicable

2Hazard identification
  • (a) classification of the hazardous product, namely, the appropriate category or subcategory of the hazard class identified in Subparts 2 to 19 of Part 7 or Subparts 1 to 11 of Part 8, or a name that is its substantive equivalent, or for Subpart 20 of Part 7 and Subpart 12 of Part 8, the category of the hazard class or a description of the identified hazard;

  • (b) information elements referred to in paragraphs 3(1)(d) to (f) of these Regulations and information elements referred to in section 3 of Annex 3 of the GHS, namely, the symbol, signal word, hazard statement and precautionary statement, for each of the categories or subcategories of these Regulations. If the required information element is a symbol, either the name of the symbol or the symbol itself may be used; and

  • (c) other hazards known to the supplier with respect to the hazardous product

3Composition/Information on ingredients
  • (1) In the case of a hazardous product that is a material or substance,

    • (a) its chemical name;

    • (b) its common name and synonyms;

    • (c) its CAS registry number and any unique identifiers; and

    • (d) the chemical name of the impurities, stabilizing solvents and stabilizing additives that are known to the supplier, that individually are classified in any category or subcategory of a health hazard class and that contribute to the classification of the material or substance

  • (2) In the case of a hazardous product that is a mixture, for each material or substance in the mixture that, individually, is classified in any category or subcategory of a health hazard class and is present above the concentration limit that is designated for the category or subcategory in which it is classified or is present in the mixture at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class,

    • (a) its chemical name;

    • (b) its common name and synonyms;

    • (c) its CAS registry number and any unique identifiers; and

    • (d) its concentration

4First-aid measures
  • (a) a description of necessary first-aid measures, subdivided according to the different routes of exposure (inhalation, ingestion, skin and eye contact);

  • (b) the most important symptoms and effects, whether acute or delayed; and

  • (c) an indication of immediate medical attention and special treatment needed, if necessary

5Fire-fighting measures
  • (a) suitable and unsuitable extinguishing media;

  • (b) specific hazards arising from the hazardous product, such as the nature of any hazardous combustion products; and

  • (c) special protective equipment and precautions for fire-fighters

6Accidental release measures
  • (a) personal precautions, protective equipment and emergency procedures; and

  • (b) methods and materials for containment and cleaning up

7Handling and storage
  • (a) precautions for safe handling; and

  • (b) conditions for safe storage, including any incompatibilities

8Exposure controls/Personal protection
  • (a) control parameters, including occupational exposure limit values or biological limit values and the source of those values;

  • (b) appropriate engineering controls; and

  • (c) individual protection measures, such as personal protective equipment

9Physical and chemical properties
  • (a) appearance, such as physical state and colour;

  • (b) odour;

  • (c) odour threshold;

  • (d) pH;

  • (e) melting point and freezing point;

  • (f) initial boiling point and boiling range;

  • (g) flash point;

  • (h) evaporation rate;

  • (i) flammability, in the case of solids and gases;

  • (j) upper and lower flammability or explosive limits;

  • (k) vapour pressure;

  • (l) vapour density;

  • (m) relative density;

  • (n) solubility;

  • (o) partition coefficient — n-octanol/water;

  • (p) auto-ignition temperature;

  • (q) decomposition temperature; and

  • (r) viscosity

10Stability and reactivity
  • (a) reactivity;

  • (b) chemical stability;

  • (c) possibility of hazardous reactions;

  • (d) conditions to avoid, including static discharge, shock or vibration;

  • (e) incompatible materials; and

  • (f) hazardous decomposition products

11Toxicological information

Concise but complete description of the various toxic health effects and the data used to identify those effects, including

  • (a) information on the likely routes of exposure (inhalation, ingestion, skin and eye contact);

  • (b) symptoms related to the physical, chemical and toxicological characteristics;

  • (c) delayed and immediate effects, and chronic effects from short-term and long-term exposure; and

  • (d) numerical measures of toxicity, including ATEs

12Ecological information
  • (a) ecotoxicity (aquatic and terrestrial, if available);

  • (b) persistence and degradability;

  • (c) bioaccumulative potential;

  • (d) mobility in soil; and

  • (e) other adverse effects

13Disposal considerationsInformation on safe handling for disposal and methods of disposal, including any contaminated packaging
14Transport information
  • (a) UN number;

  • (b) United Nations proper shipping name as provided for in the United Nations Model Regulations;

  • (c) transport hazard class as provided in the United Nations Model Regulations;

  • (d) packing group as provided in the United Nations Model Regulations;

  • (e) environmental hazards according to the International Maritime Dangerous Goods Code and the United Nations Model Regulations;

  • (f) transport in bulk (according to Annex II of the International Convention for the Prevention of Pollution From Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78), and the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code)); and

  • (g) special precautions in connection with transport or conveyance either within or outside the premises

15Regulatory informationSafety, health and environmental regulations, made within or outside Canada, specific to the product in question
16Other informationDate of the latest revision of the safety data sheet

SCHEDULE 2(Subsection 4(3))

Information Elements on Safety Data Sheet — Biohazardous Infectious Materials

Column 1Column 2
ItemHeadingSpecific Information Elements
1Section I — Infectious Agent
  • (a) name;

  • (b) synonym or cross-reference; and

  • (c) characteristics

2Section II — Hazard Identification
  • (a) pathogenicity/toxicity;

  • (b) epidemiology;

  • (c) host range;

  • (d) infectious dose;

  • (e) mode of transmission;

  • (f) incubation period; and

  • (g) communicability

3Section III — Dissemination
  • (a) reservoir;

  • (b) zoonosis; and

  • (c) vectors

4Section IV — Stability and Viability
  • (a) drug susceptibility/resistance;

  • (b) susceptibility to disinfectants;

  • (c) physical inactivation; and

  • (d) survival outside host

5Section V — First Aid/Medical
  • (a) surveillance;

  • (b) first aid/treatment;

  • (c) immunization; and

  • (d) prophylaxis

6Section VI — Laboratory Hazard
  • (a) laboratory-acquired infections;

  • (b) sources/specimens;

  • (c) primary hazards; and

  • (d) special hazards

7Section VII — Exposure Controls/Personal Protection
  • (a) risk group classification;

  • (b) containment requirements;

  • (c) protective clothing; and

  • (d) other precautions

8Section VIII — Handling and Storage
  • (a) spills;

  • (b) disposal; and

  • (c) storage

9Section IX — Regulatory and Other Information
  • (a) regulatory information;

  • (b) last file update (date); and

  • (c) prepared by (name of author)

SCHEDULE 3(Subsection 3(3), section 3.1, paragraph 5.3(c) and Schedule 5)

Symbols and Pictograms

Column 1Column 2Column 3
ItemName of SymbolSymbolPictogram
1Flame
The image of a flame with a thick black edge and the middle of the image, also in the shape of a flame, is white. This image rests above a horizontal black line of the same width as the black contour of the flame. This symbol is used to warn about the presence of a flammability hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the image of a flame with a thick black edge and the middle of the image, also in the shape of a flame, is white. This image rests above a horizontal black line of the same width as the black contour of the flame. This pictogram is used to warn about the presence of a flammability hazard.
2Flame over circle
The image of a black flame with, at its base, five little white flames. This image rests along the contour of the upper half of a black ring with a white centre, the bottom of which rests on a horizontal black line of the same width as the ring diameter. This symbol is used to warn about the presence of an oxidizing hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the image of a black flame with, at its base, five little white flames. This image rests along the contour of the upper half of a black ring with a white centre, the bottom of which rests on a horizontal black line of the same width as the ring diameter. This pictogram is used to warn about the presence of an oxidizing hazard.
3Exploding bomb
The image of a fragmenting solid black circle projecting debris in all directions. This symbol is used to warn about the presence of an explosion hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the image of a fragmenting solid black circle projecting debris in all directions. This pictogram is used to warn about the presence of an explosion hazard.
4Corrosion
Two images side by side. On the right side is a test tube pouring black droplets toward the right onto a hand whose fingers are directed toward the left, and causing damage at the point of contact. On the left side is another test tube pouring black droplets toward the left onto a black rectangle and causing damage at the point of contact. Both images include four vertical wavy lines that radiate from the point of contact to symbolize smoke or fumes. The images of the test tubes have a black outline and white background and include the images of a black liquid near their pour points. This symbol is used to warn about the presence of a corrosive hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, two images side by side. On the right side is a test tube pouring black droplets toward the right onto a hand whose fingers are directed toward the left, and causing damage at the point of contact. On the left side is another test tube pouring black droplets toward the left onto a black rectangle and causing damage at the point of contact. Both images include four vertical wavy lines that radiate from the point of contact to symbolize smoke or fumes. The images of the test tubes have a black outline and white background and include the images of a black liquid near their pour points. This pictogram is used to warn about the presence of a corrosive hazard.
5Gas cylinder
The image of a long black gas cylinder with a short neck and that is leaning toward the right, almost horizontally. This symbol is used to warn about the presence of a compressed gas hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the image of a long black gas cylinder with a short neck and that is leaning toward the right, almost horizontally. This pictogram is used to warn about the presence of a compressed gas hazard.
6Skull and crossbones
The image of a black outline of a skull with a white background and black eyes and nose, over two crossed bones depicted by black outlines on white backgrounds. This symbol is used to warn about the presence of an acute toxicity hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the black outline of a skull with a white background and black eyes and nose, over two crossed bones depicted by black outlines on white backgrounds. This pictogram is used to warn about the presence of an acute toxicity hazard.
7Exclamation mark
The image of a large black exclamation mark. This symbol is used to warn about the presence of a health hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the image of a large black exclamation mark. This pictogram is used to warn about the presence of a health hazard.
8Health hazard
The image of a black torso and head of a person. In the middle of the torso there is a white spot with six white extensions radiating in all directions from the spot. This symbol is used to warn about the presence of a health hazard.
A red square, set on one of its points, outlined on a white background, symbolizing danger. It contains, inside its perimeter, the image of a black torso and head of a person. In the middle of the torso there is a white spot with six white extensions radiating in all directions from the spot. This pictogram is used to warn about the presence of a health hazard.
9Biohazardous infectious materials
The image of a small black ring over which there are three large black crescents attached together by the middle of their closed sides, with a small white circle in the middle. This symbol is used to warn about the presence of an infectious or biological hazard.
A circle with a black outline on a white background, symbolizing danger. It contains, inside its perimeter, the image of a small black ring over which there are three large black crescents attached together by the middle of their closed sides, with a small white circle in the middle. This pictogram is used to warn about the presence of an infectious or biological hazard.

SCHEDULE 4(Subsections 2(3) to (5))

Prescribed Classification

Column 1Column 2Column 3
ItemChemical Name/DescriptionUN Number or CAS Registry NumberClassification
1Ammonium picrate, wetted with not less than 10.0% water, by mass1310Physical Hazards Not Otherwise Classified — Category 1
2Dinitrophenol, wetted with not less than 15.0% water, by mass1320Physical Hazards Not Otherwise Classified — Category 1
3Dinitrophenolates, wetted with not less than 15.0% water, by mass1321Physical Hazards Not Otherwise Classified — Category 1
4Dinitroresorcinol, wetted with not less than 15.0% water, by mass1322Physical Hazards Not Otherwise Classified — Category 1
5Nitroguanidine or picrite, wetted with not less than 20.0% water, by mass1336Physical Hazards Not Otherwise Classified — Category 1
6Nitrostarch, wetted with not less than 20.0% water, by mass1337Physical Hazards Not Otherwise Classified — Category 1
7Trinitrophenol, wetted with not less than 30.0% water, by mass1344Physical Hazards Not Otherwise Classified — Category 1
8Silver picrate, wetted with not less than 30.0% water, by mass1347Physical Hazards Not Otherwise Classified — Category 1
9Sodium dinitro-o-cresolate, wetted with not less than 15.0% water, by mass1348Physical Hazards Not Otherwise Classified — Category 1
10Sodium picramate, wetted with not less than 20.0% water, by mass1349Physical Hazards Not Otherwise Classified — Category 1
11Trinitrobenzene, wetted with not less than 30.0% water, by mass1354Physical Hazards Not Otherwise Classified — Category 1
12Trinitrobenzoic acid, wetted with not less than 30.0% water, by mass1355Physical Hazards Not Otherwise Classified — Category 1
13Trinitrotoluene, wetted with not less than 30.0% water, by mass1356Physical Hazards Not Otherwise Classified — Category 1
14Urea nitrate, wetted with not less than 20.0% water, by mass1357Physical Hazards Not Otherwise Classified — Category 1
15Zirconium picramate, wetted with not less than 20.0% water, by mass1517Physical Hazards Not Otherwise Classified — Category 1
16Barium azide, wetted with not less than 50.0% water, by mass1571Physical Hazards Not Otherwise Classified — Category 1
17Nitrocellulose with water (not less than 25.0% water, by mass)2555Physical Hazards Not Otherwise Classified — Category 1
18Nitrocellulose with alcohol (not less than 25.0% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass)2556Physical Hazards Not Otherwise Classified — Category 1
19Nitrocellulose mixture, with not more than 12.6% nitrogen, by dry mass, with or without plasticizer, with or without pigment2557Physical Hazards Not Otherwise Classified — Category 1
20Dipicryl sulfide, wetted with not less than 10.0% water, by mass2852Physical Hazards Not Otherwise Classified — Category 1
21Isosorbide dinitrate mixture with not less than 60.0% lactose, mannose, starch or calcium hydrogen phosphate2907Physical Hazards Not Otherwise Classified — Category 1
22Nitrocellulose membrane filters, with not more than 12.6% nitrogen, by dry mass3270Physical Hazards Not Otherwise Classified — Category 1
235-Tert-butyl-2,4,6-trinitro-m-xylene or Musk xylene2956Physical Hazards Not Otherwise Classified — Category 1
242-Bromo-2-nitropropane-1,3-diol3241Physical Hazards Not Otherwise Classified — Category 1
25Isosorbide-5-mononitrate with less than 30.0% non-volatile, non-flammable phlegmatizer3251Physical Hazards Not Otherwise Classified — Category 1
26Azodicarbonamide, technically pure or preparations having a SADT higher than 75°C3242Physical Hazards Not Otherwise Classified — Category 1
27Nitroglycerin mixture, desensitized, solid, n.o.s., with more than 2.0% but not more than 10.0% nitroglycerin, by mass3319Physical Hazards Not Otherwise Classified — Category 1
28Pentaerythritol tetranitrate mixture, desensitized, solid, n.o.s., with more than 10.0% but not more than 20.0% pentaerythrite tetranitrate (PETN) by mass3344Physical Hazards Not Otherwise Classified — Category 1
29Chlorine dioxideCAS 10049-04-4Physical Hazards Not Otherwise Classified — Category 1
30Chloropicrin1580Physical Hazards Not Otherwise Classified — Category 1
31Nitromethane1261Physical Hazards Not Otherwise Classified — Category 1
32OzoneCAS 10028-15-6Physical Hazards Not Otherwise Classified — Category 1
33Perchloric acid solutions > 72.0%CAS 7601-90-3Physical Hazards Not Otherwise Classified — Category 1
34Self-heating liquid, organic, n.o.s.3183Self-heating Substances and Mixtures — Category 1
35Self-heating liquid, toxic, organic, n.o.s.3184Self-heating Substances and Mixtures — Category 1
36Self-heating liquid, corrosive, organic, n.o.s.3185Self-heating Substances and Mixtures — Category 1
37Self-heating liquid, inorganic, n.o.s.3186Self-heating Substances and Mixtures — Category 1
38Self-heating liquid, toxic, inorganic, n.o.s.3187Self-heating Substances and Mixtures — Category 1
39Self-heating liquid, corrosive, inorganic, n.o.s.3188Self-heating Substances and Mixtures — Category 1

SCHEDULE 5(Subsection 1(1), subparagraph 3(1)(d)(i) and subsection 3(3))Information Elements for Specified Categories

PART 1

Combustible Dusts

Column 1Column 2Column 3Column 4Column 5
ItemCategoryName of SymbolSymbolSignal WordHazard Statement
1Combustible Dusts — Category 1No symbolNo symbolWarningMay form combustible dust concentrations in air

PART 2

Simple Asphyxiants

Column 1Column 2Column 3Column 4Column 5
ItemCategoryName of SymbolSymbolSignal WordHazard Statement
1Simple Asphyxiants — Category 1No symbolNo symbolWarningMay displace oxygen and cause rapid suffocation

PART 3

Pyrophoric Gases

Column 1Column 2Column 3Column 4Column 5
ItemCategoryName of SymbolSymbolSignal WordHazard Statement
1Pyrophoric Gases — Category 1Flame
The image of a flame with a thick black edge and the middle of the image, also in the shape of a flame, is white. This image rests above a horizontal black line of the same width as the black contour of the flame. This symbol is used to warn about the presence of a flammability hazard.
DangerCatches fire spontaneously if exposed to air

PART 4

Physical Hazards Not Otherwise Classified

Column 1Column 2Column 3Column 4Column 5
ItemCategoryName of SymbolSymbolSignal WordHazard Statement
1Physical Hazards Not Otherwise Classified — Category 1(Name of any symbol in Schedule 3 that is applicable to the hazard)(Any symbol in Schedule 3 that is applicable to the hazard)Danger(Wording that describes the nature of the hazard)

PART 5

Biohazardous Infectious Materials

Column 1Column 2Column 3Column 4Column 5
ItemCategoryName of SymbolSymbolSignal WordHazard Statement
1Biohazardous Infectious Materials — Category 1Biohazardous infectious materials
The image of a small black ring over which there are three large black crescents attached together by the middle of their closed sides, with a small white circle in the middle. This symbol is used to warn about the presence of an infectious or biological hazard.
Danger(Wording that describes the nature of the hazard)

PART 6

Health Hazards Not Otherwise Classified

Column 1Column 2Column 3Column 4Column 5
ItemCategoryName of SymbolSymbolSignal WordHazard Statement
1Health Hazards Not Otherwise Classified — Category 1(Name of any symbol in Schedule 3 that is applicable to the hazard)(Any symbol in Schedule 3 that is applicable to the hazard)Danger(Wording that describes the nature of the hazard)

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