Hazardous Products Regulations

Marginal note:Order of decreasing severity

• 2 (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 — order in classification table

  (2) When a product, mixture, material or substance is evaluated in accordance with the criteria and requirements of a category or subcategory of a hazard class, the evaluation must proceed in accordance with the order of the hazard’s decreasing severity as presented in each classification table. The product, mixture, material or substance must be classified in the category or subcategory for which it meets the criteria. The product, mixture, material or substance that meets the criteria of more than one category or subcategory of the same classification table must be classified, among those categories or subcategories, in the one that represents the most severe hazard.

• Marginal note:Evaluation not necessary for less severe hazard

  (2.1) If the product, mixture, material or substance is classified in a category or subcategory of a hazard class that represents a more severe hazard in comparison with another category or subcategory of that hazard class in the same classification table, the product, mixture, material or substance need not be evaluated in respect of the category or subcategory 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 from a particular species of animal must not be used for the purpose of classifying a mixture or substance in any of the health hazard classes referred to in Subparts 1 to 10 and 12 of Part 8 when it has been demonstrated conclusively, based on established scientific principles, that the mechanism or mode of action of the mixture or substance in that particular species of animal is not relevant to humans.