Hazardous Products Regulations (SOR/2015-17)

Material or Substance

Marginal note:Classification — material or substance

2.1 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

• 2.2 (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

• 2.3 (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

• 2.4 (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

• 2.5 (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

2.6 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

2.7 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

2.8 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

2.9 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

• 3 (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), (3) and (4) to (5), for each category or subcategory in which the hazardous product is classified, with the exception of the categories referred to in paragraphs (c.1) to (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;

  • (c.1) subject to subsections (2) and (3.1), in the case of a hazardous product that is classified in the category “Chemicals Under Pressure – Category 1” or “Chemicals Under Pressure – Category 2”, the symbol, signal word, hazard statement and precautionary statement specified for that category in section 3 of Annex 3 of the United Nations document entitled Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Eighth Revised Edition;

  • (c.2) subject to subsections (2) and (3.1), in the case of a hazardous product that is classified in the category “Chemicals Under Pressure – Category 3”, the symbol, signal word and precautionary statement specified for that category in section 3 of Annex 3 of the United Nations document entitled Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Eighth Revised Edition, as well as the hazard statement “Chemical under pressure: May explode if heated/Produit chimique sous pression : peut exploser sous l’effet de la chaleur”;

  • (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”;

  • (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 a released gaseous substance that is classified in Category 1 or 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 a released gaseous substance that is classified in 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 a released gaseous substance that is classified in 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”; and

  • (g) in the case of a hazardous product that is classified in the category “Acute Toxicity (Inhalation) — Category 1”, “Acute Toxicity (Inhalation) — Category 2”, “Acute Toxicity (Inhalation) — Category 3” or “Acute Toxicity (Inhalation) — Category 4” further to subsection 8.1.1(2), the supplemental label elements that consist of the following hazard statements:

    • (i) in the case of a released gaseous substance that is classified in Category 1 or 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 a released gaseous substance that is classified in 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 a released gaseous substance that is classified in 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 paragraphs (1)(c) to (c.2) need not include alphanumeric codes and the information elements required by paragraphs (1)(c) to (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:Chemicals under pressure

  (3.1) In the case of a hazardous product that is classified in a category of the “Chemicals Under Pressure” hazard class, the pictogram associated with a symbol in Schedule 3 must be substituted for the symbol that is specified for that category in section 3 of Annex 3 of the United Nations document entitled Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Eighth Revised Edition.

• 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:Precautionary statement — Pyrophoric Liquids and Pyrophoric Solids

  (4.1) In the case of a hazardous product that is classified in the category “Pyrophoric Liquids – Category 1” or in the category “Pyrophoric Solids – Category 1”, in addition to the information elements that are specified for those categories in section 3 of Annex 3 of the GHS, the following precautionary statement must be used:

  • (a) if the contents of the hazardous product are handled and stored under inert gas, “Handle and store contents under inert gas/Manutentionner et stocker le contenu sous gaz inerte”; or

  • (b) if the contents of the hazardous product are handled and stored under a liquid or gas other than inert gas, “Handle and store contents under [insert the name of the liquid or gas]/Manutentionner et stocker le contenu sous [insérez le nom du liquide ou du gaz]”.

• Marginal note:Hazard statement — Acute Toxicity (Inhalation)

  (4.2) In the case of a hazardous product that is classified in the category “Acute Toxicity (Inhalation) — Category 1”, “Acute Toxicity (Inhalation) — Category 2”, “Acute Toxicity (Inhalation) — Category 3” or “Acute Toxicity (Inhalation) — Category 4 ” further to subsection 8.1.1(2), the hazard statement specified for that category in section 3 of Annex 3 of the GHS need not be used on the label.

• 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) [Repealed, SOR/2022-272, s. 3]

  • (b) [Repealed, SOR/2022-272, s. 3]

  • (c) [Repealed, SOR/2022-272, s. 3]

  • (d) [Repealed, SOR/2022-272, s. 3]

  • (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.