PART 1
TOXIC PRODUCTS

Classification of Toxic Products

Data sources

33. The person responsible for a toxic product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence:

(a) human experience data pertaining to the toxic product;

(b) in the case of a toxic product that contains a substance of special concern, the table to subsection 34(1);

(c) in the case of a toxic product that poses a risk of exposure through an oral, a dermal or an inhalation route, the LD₅₀ or LC₅₀ or both, as the case may be, of the product as determined in accordance with the applicable table to subsections 34(2) to (4) and the data sources and formulas set out in sections 35 to 37; or

(d) in the case of a toxic product that poses an aspiration hazard, the properties set out in subsection 34(5).

Sub-categories -- substance of special concern

34. (1) A chemical product that contains a substance of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 34(1)
SUB-CATEGORIES -- SUBSTANCE OF SPECIAL CONCERN

Sub-categories -- oral exposure

(2) A chemical product that poses a risk to a consumer through an oral route and has an LD₅₀ set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

TABLE TO SUBSECTION 34(2)
SUB-CATEGORIES -- ORAL EXPOSURE

Sub-categories -- dermal exposure

(3) A chemical product that poses a risk to a consumer through a dermal route and has an LD₅₀ set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

TABLE TO SUBSECTION 34(3)
SUB-CATEGORIES -- DERMAL EXPOSURE

Sub-categories -- inhalation exposure

(4) A chemical product that poses a risk to a consumer through inhalation, is in the state set out in column 1 of the table to this subsection and has a 4-hour LC₅₀ set out in column 2 must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 34(4)
SUB-CATEGORIES -- INHALATION EXPOSURE

Sub-category -- aspiration hazard

(5) A chemical product must be classified in the sub-category "toxic" if it has a viscosity of 14 mm²/s or less at 40°C and 10% or more of the product is composed of hazardous ingredients that pose an aspiration hazard, including, in particular, any of the following substances:

(a) an n-primary alcohol with a composition of at least 3 carbon atoms but not more than 13;

(b) an isobutyl alcohol;

(c) a terpene alcohol;

(d) a ketone with a composition of at least 3 carbon atoms but not more than 13;

(e) a hydrocarbon with a composition of at least 3 carbon atoms but not more than 13; or

(f) a substance that has been determined to be an aspiration hazard based on its viscosity, surface tension and water solubility through the application of generally accepted standards of good scientific practices.

Determination of Toxicity

Data sources

35. (1) The person responsible for a toxic product must determine, from one or more of the following data sources in the following order of precedence, its toxicity or, in the case of a mixture that separates, the toxicity of each layer of the mixture:

(a) the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by the peer-reviewed results of acute toxicity tests using the product on animals, which tests were conducted in accordance with the OECD Test Guidelines for acute toxicity testing;

(b) if tests on animals using the product have not been conducted in accordance with the OECD Test Guidelines for acute toxicity testing, the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by

(i) peer-reviewed results of acute toxicity tests of the product or the layer, which tests were conducted on animals in accordance with

(A) a National Standard or an international standard recognized by the Standards Council of Canada, or

(B) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted,

(ii) if the product is a mixture, other than a mixture that separates, section 36,

(iii) peer-reviewed results of tests of a chemical product or a substance that has similar properties to those of the product or of the layer under examination, which tests were conducted on animals in accordance with

(A) OECD Test Guidelines for acute toxicity testing,

(B) a National Standard or an international standard recognized by the Standards Council of Canada, or

(C) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, or

(iv) other current, peer-reviewed information about the product or the layer; or

(c) the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by the results of tests conducted with the toxic product by the person responsible in accordance with a test methodology that conforms with good scientific practices.

Differing data sources

(2) In the case of differing data sources,

(a) an original literature source must be used in preference to a literature source that refers to the original study; and

(b) a source that reports test results that conform with good scientific practices and that disclose the greatest hazard must be used.

Mixture that separates

(3) In the case of a mixture that separates, the toxic product must be assigned the LD₅₀ or LC₅₀ or both, as the case may be, of the most toxic layer.

Definition of "mixture that separates"

(4) In this section, "mixture that separates" means a chemical product in a liquid or semi-liquid state that separates into two or more distinct layers if left standing undisturbed for a period of 30 days at 20^oC.

Additivity formulas -- LD₅₀ or LC₅₀ of mixtures

36. (1) The LD₅₀ or LC₅₀ of a mixture may be determined from the LD₅₀ or LC₅₀ of its ingredients that are present in a concentration of 1% or more, using one of the following additivity formulas, as the case may be:

Complex mixture

(2) For the purposes of the additivity formulas set out in subsection (1), "ingredient" includes a complex mixture.

When LD₅₀ or LC₅₀ of ingredient is not known but can be estimated

(3) When the LD₅₀ or LC₅₀ of one or more ingredients present in a chemical product in a concentration of 1% or more is not known, the person responsible may, in the additivity formulas set out in subsection (1), use an estimated LD₅₀ or LC₅₀ determined in accordance with good scientific practices.

When LD₅₀ or LC₅₀ of ingredient is not known and cannot be estimated

(4) When the LD₅₀ or LC₅₀ of one or more ingredients present in a chemical product is not known and cannot be estimated from information referred to in paragraph 35(1)(b) or (c), the person responsible, in the additivity formulas set out in subsection (1), must substitute for the LD₅₀ or LC₅₀ of the ingredient, the LD₅₀ or LC₅₀ of the most toxic known ingredient that is present in the product at a concentration of 1% or more.

Conversion to a 4-hour LC₅₀

37. An LC₅₀ obtained during a duration of exposure of other than four hours must be converted to an LC₅₀ equivalent to a duration of exposure of four hours by using one of the following formulas, as the case may be:

Very Toxic Products

Prohibition

38. The advertising, sale or importation of a chemical product that is classified under section 33 in the sub-category "very toxic" is prohibited.

Required Information

Required information -- sub-category "toxic"

39. (1) Subject to subsection (3), the container of a chemical product that is classified in the sub-category "toxic" under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 39(1)
REQUIRED INFORMATION -- SUB-CATEGORY "TOXIC"

Required information -- sub-category "harmful"

(2) Subject to subsection (3), the container of a chemical product that is classified in the sub-category "harmful" under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 39(2)
REQUIRED INFORMATION -- SUB-CATEGORY "HARMFUL"

Exception -- fuels

(3) Subsections (1) and (2) do not apply to a container of a fuel, such as gasoline, ethanol or propane, if the container is directly connected to an internal combustion engine, a gas turbine or an appliance that uses the fuel.

Child-resistant Containers

Sub-category "toxic"

40. (1) Subject to subsection (2) and section 14, a chemical product that is classified under section 33 in the sub-category "toxic" must be in a child-resistant container that complies with sections 9 to 13.

Exceptions -- spray container and single-drop dispenser

(2) Subsection (1) does not apply to a chemical product classified under section 33 in the sub-category "toxic" that is in

(a) a spray container that cannot be opened and that disperses the product as a mist; or

(b) a container that

(i) dispenses only one drop of the product at a time, and

(ii) displays the following primary hazard statement in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26:

"THIS CONTAINER IS NOT CHILD-RESISTANT. KEEP OUT OF REACH OF CHILDREN."

«CE CONTENANT N'EST PAS UN CONTENANT PROTÈGE-ENFANTS. TENIR HORS DE LA PORTÉE DES ENFANTS.»