Hazardous Products Regulations (SOR/2015-17)

Regulations are current to 2018-10-24 and last amended on 2018-04-04. Previous Versions

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

    lot de fabrication

    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

    testé

    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.

 
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