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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

PART 8Health Hazard Classes (continued)

SUBPART 8Specific Target Organ Toxicity — Single Exposure (continued)

Classification in a Category of the Class (continued)

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.

 
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