PART IV
CLASSES OF CONTROLLED PRODUCTS

Interpretation

32. In this Part,

"ACGIH" means the American Conference of Governmental Industrial Hygienists; (ACGIH)

"acute lethality" means death of animals immediately or within 14 days after a single administration of or exposure to a toxic substance; (létalité aiguë)

"aerosol container" means a disposable container designed to release pressurized contents by means of a manually operated valve which forms an integral part of the container; (contenant aérosol)

"ASTM" means the American Society for Testing and Materials; (ASTM)

"chronic toxic effect" means an adverse effect to the health of a person or test animal that develops

(a) over time, following a single exposure to a toxic substance, or

(b) from prolonged or repeated exposure to a toxic substance under conditions that do not produce that effect from a single exposure; (toxicité chronique)

"dust" means solid airborne particles that are mechanically generated; (poussières)

"flame projection" means the ignited discharge of the pressurized contents of an aerosol container; (projection de la flamme)

"flashback" means that part of a flame projection that extends from its point of ignition back to the aerosol container; (retour de la flamme)

"flash point" means the minimum temperature at which a liquid gives off vapour in sufficient concentration to ignite in test circumstances; (point d'éclair)

"fume" means solid particles in the air that are generated by condensation from the vapour of a solid material; (fumée)

"IARC" means the International Agency for Research on Cancer; (CIRC)

"mist" means liquid droplets suspended in the air that are produced by the dispersion of a liquid or by the condensation of a vapourized liquid; (brouillard)

"NACE" means the National Association of Corrosion Engineers (U.S.A.); (NACE)

"normal atmospheric pressure" means an absolute pressure of 101.325 kilopascals (1.00 atmosphere) at 20°C (68°F); (pression atmosphérique normale)

"OECD" means the Organization for Economic Co-operation and Development; (OCDE)

"OECD Test Guideline" means a test published in the OECD Standard entitled OECD Guidelines for Testing of Chemicals; (ligne directrice de l'OCDE)

"respiratory tract sensitization" means the development in a non-atopic person of severe asthma-like symptoms on exposure to a substance to which the person has previously been exposed; (sensibilisation des voies respiratoires)

"skin sensitization" means an immunologically-mediated, cutaneous reaction in a non-atopic person or animal on exposure to a substance to which the person or animal has previously been exposed; (sensibilisation de la peau)

"statistically significant" means shown by statistical procedures to have a high probability of being due to something other than chance; (statistiquement significative)

"vapour" means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure. (vapeur) SOR/97-543, s. 19(E); SOR/2001-254, s. 9.

Manner of Establishing Classification

33. (1) For the purpose of establishing that a product, material or substance is included in a class listed in Schedule II of the Act or falls into a division of a class, the supplier shall use, subject to subsection (2),

(a) results from testing that he has carried out with respect to the product, material or substance in accordance with sections 34 to 66, as applicable; or

(b) evaluation and scientific judgment based on test results with respect to

(i) the product, material or substance, or

(ii) where appropriate, a product, material or substance that has similar properties.

(2) For the purpose of establishing that a product, material or substance is or is not included in Class D--Poisonous and Infectious Material, the supplier may use information of which the supplier is aware or ought reasonably to be aware in place of the criteria set out in subsection (1).

(3) Where the test results referred to in paragraph (1)(b) are results from toxicological studies, the studies shall have been carried out in accordance with

(a) the applicable OECD Test Guideline referred to in this Part; or

(b) where there are no tests carried out in accordance with the applicable OECD Test Guidelines referred to in this Part, one of the following tests or methods:

(i) in the case of a 90 day test or a chronic test, a test or method described in U.S. Food and Drug Administration (FDA) guidelines or U.S. Environmental Protection Agency (EPA) guidelines, as published in the Federal Register and as amended from time to time,

(ii) in the case of a test for skin or eye irritation, the Draize Test as described in volume 82 of The Journal of Pharmacology and Experimental Therapeutics, dated 1944, at pages 377 to 390,

(iii) in the case of a test for teratogenicity, a test or method described in Principles for the Testing of Drugs for Teratogenicity, Technical Report Series Number 364, published in 1967 by the World Health Organization,

(iv) in the case of a test for mutagenicity, a test or method described by the U.S. Environmental Protection Agency (EPA) in "Proposed Guidelines for Registering Pesticides in the U.S.; Hazard Evaluation: Human and Domestic Animals", as published in volume 43 of the Federal Register (No. 163), dated 1978, at pages 37,336 to 37,403, or

(v) any other test or method that is carried out in accordance with generally accepted standards of good scientific practice at the time the test is carried out. SOR/97-543, s. 20(E).

CLASS A--COMPRESSED GAS

34. Any product, material or substance contained under pressure, including compressed gas, dissolved gas or gas liquefied by compression or refrigeration, that has any of the following characteristics shall be included in Class A--Compressed Gas listed in Schedule II to the Act:

(a) a critical temperature of less than 50°C (122°F);

(b) an absolute vapour pressure greater than 294 kilopascals (2.90 atmospheres) at 50°C (122°F);

(c) an absolute pressure in the cylinder or other pressure vessel in which it is packaged greater than 275±1 kilopascals (2.71±0.01 atmospheres) at 21.1°C (70°F) or 717±2 kilopascals (7.07±0.02 atmospheres) at 54.4°C (130°F); or

(d) in a liquid state, an absolute vapour pressure exceeding 275 kilopascals (2.71 atmospheres) at 37.8°C (100°F) as determined by the Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method), ASTM D323-82, dated August 27, 1982. SOR/97-543, s. 21.

CLASS B--FLAMMABLE AND COMBUSTIBLE MATERIAL

35. (1) The products, materials and substances referred to in sections 36 to 41 shall be included in Class B--Flammable and Combustible Material listed in Schedule II to the Act.

(2) Divisions 1 to 6 are established as divisions of Class B--Flammable and Combustible Material listed in Schedule II to the Act.

Division 1: Flammable Gases

36. Any product, material or substance falls into Division 1 of Class B--Flammable and Combustible Material if it is a compressed gas included in Class A--Compressed Gas that, at normal atmospheric pressure forms a flammable mixture with air

(a) when in a concentration of 13 per cent or less by volume; or

(b) over a concentration range of at least 12 per cent by volume.

Division 2: Flammable Liquids

37. Any product, material or substance falls into Division 2 of Class B--Flammable and Combustible Material if it is a liquid that has a flash point of less than 37.8°C (100°F), when tested in accordance with the applicable method specified in Schedule IV for that type of liquid.

Division 3: Combustible Liquids

38. Any product, material or substance falls into Division 3 of Class B--Flammable and Combustible Material if it is a liquid that has a flash point of 37.8°C (100°F) or more but less than 93.3°C (200°F), when tested in accordance with the applicable method specified in Schedule IV for that type of liquid.

Division 4: Flammable Solids

39. Any product, material or substance falls into Division 4 of Class B--Flammable and Combustible Material if it is a solid that

(a) causes fire through friction or through retained heat from manufacturing or processing;

(b) can be ignited readily and when ignited burns so vigorously and persistently as to create a hazard;

(c) ignites readily and burns with a self-sustained flame at a rate of more than 0.254 centimetre (0.1 inch) per second along its major axis, when tested in accordance with the method set out in Schedule V; or

(d) is included in Division 1 of Class 4 of Part III of the Transportation of Dangerous Goods Regulations. SOR/97-543, s. 22(F).

Division 5: Flammable Aerosols

40. Any product, material or substance falls into Division 5 of Class B--Flammable and Combustible Material if it is packaged in an aerosol container and, when tested in accordance with the method set out in Schedule VI, yields a flame projection at full valve opening or a flashback at any degree of valve opening.

Division 6: Reactive Flammable Materials

41. Any product, material or substance falls into Division 6 of Class B--Flammable and Combustible Material if

(a) it is spontaneously combustible and liable to spontaneous heating under normal conditions of use or liable to heat in contact with air to the point where it begins to burn; or

(b) it emits a flammable gas or becomes spontaneously combustible on contact with water or water vapour.

CLASS C--OXIDIZING MATERIAL

42. Any product, material or substance shall be included in Class C--Oxidizing Material listed in Schedule II to the Act if

(a) it causes or contributes to the combustion of another material by yielding oxygen or any other oxidizing substance, whether or not the product, material or substance is itself combustible; or

(b) it is an organic peroxide that contains the bivalent 0-0 structure.

CLASS D--POISONOUS AND INFECTIOUS MATERIAL

General

43. (1) The products, materials and substances referred to in sections 46 to 64 shall be included in Class D--Poisonous and Infectious Material listed in Schedule II to the Act.

(2) Divisions 1 to 3 are established as divisions of Class D--Poisonous and Infectious Material listed in Schedule II to the Act.

(3) Subdivisions A and B are established as subdivisions of Divisions 1 and 2 of Class D--Poisonous and Infectious Material listed in Schedule II to the Act.

(4) A gas included in Division 4 of Class 2 in Part III of the Transportation of Dangerous Goods Regulations does not fall into Division 1 or Division 2 of Class D--Poisonous and Infectious Material.

Formulae for Equivalent LC₅₀

44. For the purpose of establishing that a product, material or substance falls into Division 1 of Class D -- Poisonous and Infectious Material, an LC₅₀ that is obtained in an animal assay at an exposure duration of other than four hours may be converted to an LC₅₀ equivalent to an exposure duration of four hours by using the following formulae:

(a) for a gas or vapour,

(b) for dust, mist or fume,

Note: Y = actual number of hours of exposure duration.

Toxicological Evaluation of Mixtures: LD₅₀ and LC₅₀ Data

45. (1) Subject to subsection (3), where the LD₅₀ or LC₅₀ of every ingredient of a mixture present at a concentration of one per cent or more is known, the LD₅₀ or LC₅₀ of the mixture shall be determined, taking into account all ingredients present at a concentration of one per cent or more, by using the following formulae:

(a) for a solid or a liquid,

(b) for a gas, vapour, dust, mist or fume,

(2) Subject to subsection (3), where the LD₅₀ or LC₅₀ of one or more ingredients of a mixture is not known, the LD₅₀ or LC₅₀ of the mixture is equal to the LD₅₀ or LC₅₀ of the most acutely lethal ingredient that is present in the mixture at a concentration of one per cent or more and for which LD₅₀ or LC₅₀ data is available.

(3) The LD₅₀ or LC₅₀ of a mixture may be determined by testing the mixture.

Division 1: Materials Causing Immediate and Serious Toxic Effects

Subdivision A: Very Toxic Material

Pure Substances and Tested Mixtures

Acute Lethality

46. A pure substance or tested mixture falls into Subdivision A of Division 1 of Class D--Poisonous and Infectious Material if, in an animal assay for acute lethality, it has an

(a) LD₅₀ not exceeding 50 milligrams per kilogram of body weight of the animal when tested in accordance with OECD Test Guideline No. 401, "Acute Oral Toxicity", dated May 12, 1981;

(b) LD₅₀ not exceeding 200 milligrams per kilogram of body weight of the animal when tested in accordance with OECD Test Guideline No. 402, "Acute Dermal Toxicity", dated May 12, 1981;

(c) LC₅₀ not exceeding 2,500 parts per million by volume of gas when tested for four hours in accordance with OECD Test Guideline No. 403, "Acute Inhalation Toxicity", dated May 12, 1981;

(d) LC₅₀ not exceeding 1,500 parts per million by volume of vapour when tested for four hours in accordance with OECD Test Guideline No. 403, "Acute Inhalation Toxicity", dated May 12, 1981, and a saturated vapour concentration at normal atmospheric pressure greater than two times the value of that LC₅₀; or

(e) LC₅₀ not exceeding 0.5 milligrams per litre or 500 milligrams per cubic metre of dust, mist or fume when tested for four hours in accordance with OECD Test Guideline No. 403, "Acute Inhalation Toxicity", dated May 12, 1981.

Poisonous Substances as Defined by the Transportation of Dangerous Goods Regulations

47. A pure substance or tested mixture falls into Subdivision A of Division 1 of Class D--Poisonous and Infectious Material if it is included in Division 3 of Class 2 or in Packing Group I or II of Division 1 of Class 6 in Part III of the Transportation of Dangerous Goods Regulations.

Untested Mixtures

48. An untested mixture falls into Subdivision A of Division 1 of Class D--Poisonous and Infectious Material if it contains a product, material or substance that meets any of the criteria applicable to a pure substance or tested mixture referred to in section 46 or 47 and is present at a concentration of one per cent or more.

Subdivision B: Toxic Material

Pure Substances and Tested Mixtures

Acute Lethality

49. A pure substance or tested mixture falls into Subdivision B of Division 1 of Class D--Poisonous and Infectious Material if, in an animal assay for acute lethality, it has an

(a) LD₅₀ of more than 50 but not exceeding 500 milligrams per kilogram of body weight of the animal, when tested in accordance with OECD Test Guideline No. 401, "Acute Oral Toxicity", dated May 12, 1981;

(b) LD₅₀ of more than 200 but not exceeding 1 000 milligrams per kilogram of body weight of the animal, when tested in accordance with OECD Test Guideline No. 402, "Acute Dermal Toxicity", dated May 12, 1981;

(c) LC₅₀ of more than 1,500 but not exceeding 2,500 parts per million by volume of vapour, when tested for four hours in accordance with OECD Test Guideline No. 403, "Acute Inhalation Toxicity", dated May 12, 1981, and a saturated vapour concentration at normal atmospheric pressure of more than 0.4 times the LC₅₀; or

(d) LC₅₀ of more than 0.5 but not exceeding 2.5 milligrams per litre or grams per cubic metre of dust, mist or fume, when tested for four hours in accordance with OECD Test Guideline No. 403, "Acute Inhalation Toxicity", dated May 12, 1981.

Poisonous Substances as Defined by the Transportation of Dangerous Goods Regulations

50. A pure substance or tested mixture falls into Subdivision B of Division 1 of Class D--Poisonous and Infectious Material if it is included in Packing Group III of Division 1 of Class 6 in Part III of the Transportation of Dangerous Goods Regulations.

Untested Mixtures

51. An untested mixture falls into Subdivision B of Division 1 of Class D--Poisonous and Infectious Material if it contains a product, material or substance that meets any of the criteria applicable to a pure substance or tested mixture referred to in section 49 or 50 and is present at a concentration of one per cent or more.

Division 2: Materials Causing Other Toxic Effects

Subdivision A: Very Toxic Material

Pure Substances and Tested Mixtures

Chronic Toxic Effects

52. A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D -- Poisonous and Infectious Material if, in an animal assay for chronic toxic effects, it elicits a response of sufficient severity to threaten life or cause serious permanent impairment in a statistically significant proportion of the test population at

(a) a dose not exceeding 10 milligrams per kilogram of body weight of the animal per day when tested in accordance with

(i) OECD Test Guideline No. 408, "Subchronic Oral Toxicity--Rodent: 90-day", dated May 12, 1981,

(ii) OECD Test Guideline No. 409, "Subchronic Oral Toxicity--Non-Rodent: 90-day", dated May 12, 1981, or

(iii) the oral route test in OECD Test Guideline No. 452, "Chronic Toxicity Studies", dated May 12, 1981;

(b) a dose not exceeding 20 milligrams per kilogram of body weight of the animal per day when tested in accordance with

(i) OECD Test Guideline No. 411, "Subchronic Dermal Toxicity: 90-day", dated May 12, 1981, or

(ii) the dermal route test in OECD Test Guideline No. 452, "Chronic Toxicity Studies", dated May 12, 1981; or

(c) a concentration not exceeding 25 parts per million by volume of gas or vapour, or not exceeding 10 micrograms per litre or 10 milligrams per cubic metre of dust, mist or fume when tested in accordance with

(i) OECD Test Guideline No. 413, "Subchronic Inhalation Toxicity: 90-day", dated May 12, 1981, or

(ii) the inhalation route test in OECD Test Guideline No. 452, "Chronic Toxicity Studies", dated May 12, 1981.

Teratogenicity and Embryotoxicity

53. (1) A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D--Poisonous and Infectious Material if, in an animal assay for teratogenicity and embryotoxicity, it is shown to cause injury to the embryo or fetus in a statistically significant proportion of the test population at a concentration that has no adverse effect on the pregnant female when tested in accordance with

(a) OECD Test Guideline No. 414, "Teratogenicity", dated May 12, 1981;

(b) OECD Test Guideline No. 415, "One-Generation Reproduction Toxicity", dated May 26, 1983; or

(c) OECD Test Guideline No. 416, "Two-Generation Reproduction Toxicity", dated May 26, 1983.

(2) In this section, "injury" includes death, malformation, permanent metabolic or physiological disfunction, growth retardation or psychological or behavioural alteration that occurs during pregnancy, at birth or in the postnatal period.

Carcinogenicity

54. A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D--Poisonous and Infectious Material if it is listed in

(a) section Ala, Alb or A2 of Appendix A of the Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, published by the ACGIH, as amended from time to time; or

(b) Group 1 or Group 2 in the IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Humans, published by the World Health Organization, as amended from time to time.

Reproductive Toxicity

55. A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D -- Poisonous and Infectious Material if

(a) there is evidence that shows that it causes sterility or an adverse effect on reproductive capability in persons following exposure to it in the work place; or

(b) sterility or an adverse effect on reproductive capability is shown in an animal assay for reproductive toxicity carried out in accordance with

(i) OECD Test Guideline No. 415, "One-Generation Reproduction Toxicity", dated May 26, 1983, or

(ii) OECD Test Guideline No. 416, "Two-Generation Reproduction Toxicity", dated May 26, 1983.

Respiratory Tract Sensitization

56. A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D -- Poisonous and Infectious Material if there is evidence that shows that it causes respiratory tract sensitization in persons following exposure to it in the work place.

Mutagenicity

57. (1) A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D -- Poisonous and Infectious Material if

(a) there is epidemiological evidence that shows a causal connection between exposure of persons to the substance or mixture and heritable genetic effects; or

(b) there is evidence of mutagenicity in mammalian germ cells in vivo as shown by

(i) positive results in a study that measures mutations transmitted to offspring, or

(ii) positive results in an in vivo study showing chemical interaction with the genetic materials of mammalian germ cells and positive results in an in vivo study assessing either gene mutation or chromosomal aberration in somatic cells.

(2) The evidence referred to in paragraph (1)(b) shall be obtained

(a) in accordance with test methods described in the "Introduction to the OECD Guidelines on Genetic Toxicology Testing and Guidance on the Selection and Application of Assays", dated March 1, 1987, published in the Third Addendum to the OECD Guidelines for Testing of Chemicals; and

(b) using testing strategies described in the Guidelines on the Use of Mutagenicity Tests in the Toxicological Evaluation of Chemicals, dated 1986, published under the authority of the Minister of National Health and Welfare and the Minister of the Environment. SOR/97-543, s. 23(F).

Untested Mixtures

58. An untested mixture falls into Subdivision A of Division 2 of Class D -- Poisonous and Infectious Material if it contains a product, material or substance that meets the criteria applicable to a pure substance or tested mixture referred to in

(a) any of sections 53 to 57, if the product, material or substance is present at a concentration of 0.1 per cent or more; or

(b) section 52, if the product, material or substance is present at a concentration of one per cent or more.

Subdivision B: Toxic Material

Pure Substances and Tested Mixtures

Chronic Toxic Effects

59. A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D -- Poisonous and Infectious Material if, in an animal assay for chronic toxic effects, it elicits a response of sufficient severity to threaten life or cause serious permanent impairment in a statistically significant proportion of the test population at

(a) a dose of more than 10 but not exceeding 100 milligrams per kilogram of body weight of the animal per day, when tested in accordance with

(i) OECD Test Guideline No. 408, "Subchronic Oral Toxicity -- Rodent: 90-day", dated May 12, 1981,

(ii) OECD Test Guideline No. 409, "Subchronic Oral Toxicity -- Non-Rodent: 90-day", dated May 12, 1981, or

(iii) the oral route test in OECD Test Guideline No. 452, "Chronic Toxicity Studies", dated May 12, 1981;

(b) a dose of more than 20 but not exceeding 200 milligrams per kilogram of body weight of the animal per day, when tested in accordance with

(i) OECD Test Guideline No. 411, "Subchronic Dermal Toxicity: 90-day", dated May 12, 1981, or

(ii) the dermal route test in OECD Test Guideline No. 452, "Chronic Toxicity Studies", dated May 12, 1981; or

(c) a concentration of more than 25 but not exceeding 250 parts per million by volume of gas or vapour, or more than 10 but not exceeding 100 micrograms per litre or more than 10 but not exceeding 100 milligrams per cubic metre, of dust, mist or fume, when tested in accordance with

(i) OECD Test Guideline No. 413, "Subchronic Inhalation Toxicity: 90-day", dated May 12, 1981, or

(ii) the inhalation route test in OECD Test Guideline No. 452, "Chronic Toxicity Studies", dated May 12, 1981.

Skin or Eye Irritation

60. A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D -- Poisonous and Infectious Material if, in an animal assay,

(a) it causes an effect graded at a mean of two or more for erythema formation or two or more for edema formation, when tested in accordance with OECD Test Guideline No. 404, "Acute Dermal Irritation/Corrosion", dated May 12, 1981, as measured at any of the times specified in the test; or

(b) it causes an effect graded at a mean of two or more for corneal damage, one or more for iris damage or 2.5 or more for conjunctival swelling or redness, when tested in accordance with OECD Test Guideline No. 405, "Acute Eye Irritation/Corrosion", dated May 12, 1981, as measured at any of the times specified in the test. SOR/97-543, s. 24(F).

Skin Sensitization

61. A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D -- Poisonous and Infectious Material if

(a) in an animal assay carried out in accordance with OECD Test Guideline No. 406, "Skin Sensitization", dated May 12, 1981,

(i) it produces a response in 30 per cent or more of the test animals, when using one of the techniques incorporating the use of an adjuvant, or

(ii) it produces a response in 15 per cent or more of the test animals, when using one of the techniques not incorporating the use of an adjuvant; or

(b) evidence shows that it causes skin sensitization in persons following exposure in a work place.

Mutagenicity

62. A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D -- Poisonous and Infectious Material if evidence of mutagenicity in mammalian somatic cells in vivo is obtained in a test to assess either gene mutation or chromosomal aberration carried out

(a) in accordance with test methods described in the "Introduction to the OECD Guidelines on Genetic Toxicology Testing and Guidance on the Selection and Application of Assays" published in the Third Addendum to the OECD Guidelines for Testing of Chemicals, dated March 1, 1987; and

(b) using testing strategies described in the Guidelines on the Use of Mutagenicity Tests in the Toxicological Evaluation of Chemicals, dated 1986, published by authority of the Minister of Health and the Minister of the Environment. SOR/97-543, s. 25.

Untested Mixtures

63. An untested mixture falls into Subdivision B of Division 2 of Class D--Poisonous and Infectious Material if it contains a product, material or substance that meets any of the criteria applicable to a pure substance or tested mixture referred to in any of sections 59 to 62 and is present at a concentration of one per cent or more.

Division 3: Biohazardous Infectious Material

64. An organism that has been shown to cause disease or is reasonably believed to cause disease in persons or animals and the toxins of such an organism fall into Division 3 of Class D--Poisonous and Infectious Material.

CLASS E--CORROSIVE MATERIAL

65. A product, material or substance shall be included in Class E--Corrosive Material listed in Schedule II to the Act if

(a) it corrodes SAE 1020 steel or 7075-T6 non-clad aluminum surfaces at a rate exceeding 6.25 millimetres per year at a test temperature of 55°C when tested in accordance with Test Method, Laboratory Corrosion Testing of Metals for the Process Industries, NACE Standard TM-01-69 (1976 Revision);

(b) it is corrosive to skin when tested in accordance with OECD Test Guideline No. 404, "Acute Dermal Irritation/Corrosion", dated May 12, 1981;

(c) it is included in Class 8 in Part III of the Transportation of Dangerous Goods Regulations;

(d) it is a gas included in Division 4 of Class 2 in Part III of the Transportation of Dangerous Goods Regulations;

(e) there is evidence that it causes visible necrosis of human skin tissue; or

(f) it is an untested mixture containing a product, material or substance that meets the criteria referred to in paragraph (b) or (e) and is present at a concentration of at least one per cent.

CLASS F--DANGEROUSLY REACTIVE MATERIAL

66. A product, material or substance shall be included in Class F--Dangerously Reactive Material listed in Schedule II to the Act if it

(a) undergoes vigorous polymerization, decomposition or condensation;

(b) becomes self-reactive under conditions of shock or increase in pressure or temperature; or

(c) reacts vigorously with water to release a gas that has an LC₅₀ not exceeding 2,500 parts per million by volume of gas, when tested for four hours in accordance with OECD Test Guideline No. 403, "Acute Inhalation Toxicity", dated May 12, 1981.

SCHEDULE I
(s. 12)
INFORMATION TO BE DISCLOSED ON A MATERIAL SAFETY DATA SHEET

Column I Column II Column III

Information in

respect of

Suggested controlled

Item Category Headings products----------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------------

SOR/97-543, ss. 26(F), 27(E).

SCHEDULE I.1
(Sections 10.1 and 17.1)
PHYSICAL CONTAINMENT REQUIREMENTS FOR LOW INDIVIDUAL OR COMMUNITY RISK AGENTS

1. In this Schedule, "low individual or community risk agents" includes microorganisms, bacteria, fungi, viruses and parasites that are unlikely to cause disease in healthy persons or animals.

2. The physical requirements for a basic laboratory for handling low individual or community risk agents are those of a well-designed and functional laboratory and, in particular, include the following:

(a) the room in which the laboratory is located must be separated from any public area by a door;

(b) if the room opens onto a public area or a heavily travelled corridor, the door to the room in which the laboratory is located must remain closed except when being used to enter or leave the laboratory;

(c) the finished surface of the walls, ceiling, furniture and floors of the laboratory must be washable;

(d) all working areas and containment equipment must be located away from windows that may be opened and that must be equipped with fly screens;

(e) handwashing facilities must be provided, preferably at a location near the exit to the corridor or to any public area; and

(f) laboratory coats must be hung in a separate area from the place where street clothing is hung.

SOR/2001-254, s. 10.

SCHEDULE II
(ss. 19 and 22)
HAZARD SYMBOLS

GRAPHIC IS NOT DISPLAYED, SEE SOR/88-66, P. 583

SCHEDULE III
(s. 20)
LABEL BORDER

GRAPHIC IS NOT DISPLAYABLE, SEE SOR/88-66, P. 584

SCHEDULE IV
(ss. 37 and 38)
METHODS OF TESTING FOR FLASH POINT

1. The method of testing for the flash point of

(a) a liquid, other than a liquid referred to in paragraph (c) or (d), having a viscosity of less than 5.8 mm²/s (45 Saybolt Universal Seconds) at 37.8°C (100°F) is the Standard Test Method for Flash Point by Tag Closed Tester ASTM D56-82, dated August 27, 1982, or the appropriate test in the Standard Test Methods for Flash Point by Setaflash Closed Tester, ASTM D3828-81, dated August 28, 1981;

(b) a liquid, other than a liquid referred to in paragraph (c) or (d), having a viscosity of 5.8 mm²/s (45 Saybolt Universal Seconds) or more at 37.8°C (100°F), is the appropriate test in the Standard Test Methods for Flash Point by Pensky-Martens Closed Tester, ASTM D93-80, dated August 29, 1980;

(c) an aviation turbine fuel is the appropriate test in the Standard Test Methods for Flash Point by Setaflash Closed Tester, ASTM D3828-81, dated August 28, 1981; and

(d) a paint, enamel, lacquer, varnish or similar liquid that has a flash point between 0°C (32°F) and 110°C (230°F) and a viscosity of less than 15 000 mm²/s at 25°C (77°F) determined in accordance with the Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and the Calculation of Dynamic Viscosity), ASTM D445-83, dated October 28, 1983, is the appropriate test in the Standard Test Methods for Flash Point of Liquids by Setaflash Closed-Cup Apparatus, ASTM D3278-82, dated October 29, 1982.

SOR/97-543, s. 28.

SCHEDULE V
(Paragraph 39)
METHOD OF TESTING FOR DETERMINING FLAMMABLE SOLIDS THAT IGNITE READILY

Preparation of Samples

1. For granules, powders and pastes, pack the sample into a flat, rectangular metal boat with inner dimensions 2.54 cm (1 inch) wide, 15.25 cm (6 inches) long and 0.63 cm (0.25 inch) deep.

2. For rigid and pliable solids, measure the dimensions of the sample and support it by means of metal ringstands, clamps, rings or other suitable devices as needed, so that the major axis is oriented horizontally and the maximum surface is freely exposed to the atmosphere.

Procedure

3. (1) Place the prepared sample in a draft-free area that can be ventilated and cleared after each test.

(2) The temperature of the sample at the time of testing shall be between 19.8°C (68°F) and 29.7°C (86°F).

(3) Hold a burning paraffin candle whose diameter is at least 2.54 cm (1 in.), so that the flame is in contact with the surface of the sample at the end of its major axis for five seconds or until the sample ignites, whichever is less, and remove the candle.

(4) Using a stopwatch, determine the length of time of combustion with self-sustained flame (the time not to exceed 60 seconds).

(5) Extinguish the flame with a C0₂ or similar non-destructive-type fire extinguisher.

(6) Measure the dimensions of the burnt area and calculate the rate of burning along the major axis of the sample in centimetres or inches per second.

SOR/97-543, ss. 29, 30(F).

SCHEDULE VI
(s. 40)
TEST FOR DETERMINING THE FLASHBACK AND THE LENGTH OF THE FLAME PROJECTION OF PRODUCTS, MATERIALS AND SUBSTANCES PACKAGED IN AEROSOL CONTAINERS

Application

1. This test is for use in determining any flashback and the length of the flame projection of any product, material or substance packaged in an aerosol container.

Apparatus

2. The following apparatus shall be used in carrying out this test:

(a) a flammability tester, illustrated in the figure, that

(i) is designed so that the aerosol container can be secured in place by means of a device, such as a three-pronged clamp affixed to a ring stand, in such a manner that the discharge from the container is in the horizontal plane,

(ii) may include a device by which the valve of any aerosol container can be activated by remote control such as a side-pull, caliper-type bicycle hand brake,

(iii) has a vertically mounted burner

(A) that has an inside diameter of 1.2 mm,

(B) that has been made from a Luer-Lock 16 gauge needle affixed to a metal tube or from other suitable material or devices, and

(C) that is placed at a distance of 15 cm from the discharge orifice of the aerosol container, such distance to be measured horizontally between the vertical planes of the discharge orifice and the burner orifice, and

(iv) has two support frameworks

(A) each having an internal open space 35 cm wide by 45 cm high, constructed from metal or other non-flammable material and mounted in a vertical plane perpendicular to the direction of discharge from the aerosol container, one being at a distance of 15 cm from the burner and the other at a distance of 45 cm from the burner and both being on the opposite side of the burner from the container, and

(B) that are adjustable in the vertical plane;

(b) an n-butane gas cylinder (C.P. grade) fitted with a regulator capable of delivering pressure to the burner appropriate to maintaining the flame heights specified in subsection 4(5); and

(c) loosely woven cotton fabric commonly referred to as cheesecloth that has, in the bleached state, a mass per unit area of not less than 35 g/m² and not more than 65 g/m².

Test Specimen

3. (1) Where there are instructions by the manufacturer respecting the shaking of the aerosol container, a test comprised of three discharges from each of three aerosol containers of the same product and of the same size shall be conducted.

(2) Where there are no instructions by the manufacturer respecting the shaking of the aerosol container, a test comprised of three discharges from the container without shaking and subsequently, three discharges from the container after shaking, in accordance with subsection 4(9), from each of three aerosol containers of the same product and of the same size shall be conducted.

Procedure

4. (1) A test

(a) shall be carried out at a temperature of (22 ± 2) °C in the absence of air currents with an allowance made for a clearance of 50 cm beyond the framework set at a distance of 45 cm from the burner; and

(b) may be conducted in a fume hood with the exhaust fan turned off and the protecting door lowered.

(2) All the fumes shall be exhausted and the residues cleaned up after each discharge.

(3) Each aerosol container shall be conditioned to a temperature of (22 ± 2) °C and a discharge shall be released for five seconds from each aerosol container prior to testing.

(4) Install the first aerosol container in the device and ensure that the burner orifice is 15 cm from the discharge orifice in the horizontal plane and 5 cm below it in the vertical plane and that the discharge orifice points in the direction of the burner.

(5) Adjust the burner to give a flame height of 5 cm and release a trial discharge from the aerosol container and, if no flame projection occurs, lower the burner orifice by 5 cm and adjust the burner to give a flame height of 12 cm.

(6) Attach the cheesecloth to the flammability tester with bulldog clips or in any other manner so as to cover the entire internal space of the support framework set at a distance of 15 cm from the burner.

(7) Verify that the cheesecloth is at a proper horizontal distance from the vertical plane of the burner orifice (on the opposite side of the burner from the aerosol container).

(8) Adjust the height of the framework so that the cheesecloth will intercept the line of flame projection.

(9) Prepare the aerosol container in accordance with the manufacturer's instructions and

(a) if shaking is applicable,

(i) shake vigorously for five seconds, or for the period of time specified in the manufacturer's instructions,

(ii) install the container in the device, and

(iii) 15 seconds after the cessation of shaking, release the first discharge in accordance with subsection (10); or

(b) if shaking is not applicable, install the container in the device and release the discharge in accordance with subsection (10).

(10) Release a discharge

(a) until the valve of the aerosol container has been open for five seconds; or

(b) where any part of the cheesecloth ignites before the end of five seconds, until the time of such ignition.

(11) For each subsequent discharge of each aerosol container tested, allow the container to stand for at least 60 seconds, and

(a) if shaking is applicable, repeat the procedure referred to in paragraph (9)(a); or

(b) if shaking is not applicable, release the discharge in accordance with subsection (10).

(12) Where the cheesecloth mounted on the support framework set at a distance of 15 cm from the burner ignites, the remaining discharges referred to in section 3 shall be carried out in accordance with subsections (1) to (11), but with a new piece of cheesecloth attached to the support framework set at a distance of 45 cm from the burner.

Determination and Reporting of Flame Projection and Flashback

5. (1) Where, at any time during the test, the cheesecloth mounted at a distance of 45 cm from the burner in accordance with subsection 4(12) is ignited, the length of the flame projection is 45 cm or more.

(2) Where, at any time during the test, the cheesecloth mounted at a distance of 15 cm from the burner in accordance with subsection 4(6) is ignited but the cheesecloth mounted at a distance of 45 cm from the burner in accordance with subsection 4(12) is not ignited, the length of the flame projection is 15 cm or more but less than 45 cm.

(3) Where, at any time during the test, the cheesecloth mounted at a distance of 15 cm from the burner in accordance with subsection 4(6) is not ignited, but there is a flame projection, the length of the flame projection is less than 15 cm.

6. The following results shall be reported:

(a) the length of the flame projection;

(b) a lack of flame projection resulting from any of the test discharges; and

(c) any flashback.

FIGURE
FLAMMABILITY TESTER

GRAPHIC IS NOT DISPLAYED, SEE SOR/88-66, P. 589