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Hazardous Products Regulations (SOR/2015-17)

Regulations are current to 2021-11-17 and last amended on 2020-03-18. Previous Versions

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.

 
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