- (a) a toxic product;
- (b) a corrosive product;
- (c) a flammable product; or
- (d) a quick skin-bonding adhesive.
It does not include any of the following:
- (e) a product described in any of paragraphs (a) to (d) if it is not possible for a user to be exposed to the product or to any of its hazardous ingredients during reasonably foreseeable use;
- (f) a portable petroleum container that conforms with CSA B306 or CSA B376;
- (g) a lighter;
- (h) a fire extinguisher that conforms with ULC-S503, ULC-S504, ULC-S507 or ULC-S512; or
- (i) a container of fuel, such as gasoline, ethanol or propane, if the container is permanently attached to an internal combustion engine, a gas turbine or an appliance that uses the fuel. ( produit chimique )
means a combination of chemicals that has a generic name that is not a trade name and is
- (a) a substance of natural origin;
- (b) a fraction obtained by a physical separation process from a substance of a natural origin; or
- (c) a chemical modification of a substance of natural origin or of a fraction obtained by a physical separation process from a substance of natural origin. ( mélange complexe )
- (a) a Category 5 pressurized container that is or is likely to be used by a consumer, including an empty container, as described in Part 5;
- (b) an empty container that is destined for use by a consumer to store or dispense a chemical product; or
- (c) any other container that is or is likely to be used by a consumer to store or dispense a chemical product. ( contenant )
means a chemical product that
- (a) is capable of inducing necrosis or ulceration of epithelial tissue;
- (b) is capable of causing an erythema or edema of the skin, corneal or iris damage or conjunctival swelling or redness; or
- (c) is identified in Part 2 as a Category 2 corrosive product. ( produit corrosif )
means the portion of the surface area of a container on which the information required by these Regulations can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a container. ( aire d’affichage )
means solid airborne particles that are mechanically generated. ( poussière )
- (a) a list of the hazardous ingredients in the chemical product; and
- (b) a statement of the first aid treatment to be administered to anyone who has come into contact with a chemical product, such as through ingestion, absorption or inhalation, or information that may be helpful to someone who is assisting that individual. ( énoncé de premiers soins )
means the flame resulting from the ignition of a chemical product discharged from a spray container when tested in accordance with the procedure set out in Schedule 1. ( projection de la flamme )
means a chemical product that is capable of
- (a) spontaneous combustion;
- (b) becoming flammable when in contact with air; or
- (c) having a flash point below 60°C or a flame projection greater than 15 cm or exhibiting a flashback. ( produit inflammable )
means the part of a flame projection that extends from the point of ignition back towards the spray container when a chemical product is tested in accordance with the procedure set out in Schedule 1. ( retour de flamme )
means the minimum temperature at which a substance gives off a vapour in sufficient concentration to ignite under test conditions. ( point d’éclair )
means solid particles in the air that are generated by condensation from the vapour of a solid material. ( fumée )
, in the context of the information that must be displayed on a container, means a vapour or a fume or both that may be given off by a chemical product under normal conditions of use or storage. ( émanations )
- (a) for the development of test data, conditions and procedures similar to those set out in the OECD Test Guidelines;
- (b) for laboratory practices, practices similar to those set out in the OECD Principles of Good Laboratory Practice; and
- (c) for human experience data, a peer-reviewed study of clinical cases. ( bonnes pratiques scientifiques )
means a category into which a chemical product or container is classified, in particular:
- (a) Category 1, toxic products set out in Part 1;
- (b) Category 2, corrosive products set out in Part 2;
- (c) Category 3, flammable products set out in Part 3;
- (d) Category 4, quick skin-bonding adhesives set out in Part 4; and
- (e) Category 5, pressurized containers set out in Part 5. ( catégorie de danger )
means a pictograph and its frame as set out in Schedule 2. ( pictogramme de danger )
- (a) a pure chemical product;
- (b) an ingredient present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that
- (i) is a chemical product,
- (ii) the supplier believes on reasonable grounds may be harmful to humans,
- (iii) has toxicological properties that are not known to the supplier, or
- (iv) derives from a reaction between precursor constituents and the hazards associated with the chemical product are not known to the supplier; or
- (i) is a chemical product,
- (ii) the supplier believes on reasonable grounds may be harmful to humans, or
- (iii) has toxicological properties that are not known to the supplier. ( ingrédient dangereux )
means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted from
- (a) exposure to a chemical product; or
- (b) the reasonably foreseeable use of a chemical product or container by a consumer, including, in particular, the consumption of the product by a child. ( données de l’expérience humaine )
means the concentration of a substance in air that, when administered by means of inhalation over a specified length of time in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. ( CL50 )
means the single dose of a substance that, when administered by a defined route in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. ( DL50 )
means the part of the display surface that is displayed or visible under normal conditions of sale to the consumer. It includes
- (a) in the case of a rectangular container, the largest side of the display surface;
- (b) in the case of a cylindrical container, the larger of
- (i) the area of the top, or
- (ii) 40% of the area obtained by multiplying the circumference of the container by the height of the display surface;
includes a packager and a labeller. ( fabricant )
means droplets of liquid suspended in air that are produced by the condensation of a vapourized liquid or by the dispersion of a liquid by a spray container. ( brouillard )
means a combination of two or more products, materials or substances that do not undergo a chemical change as a result of their interaction. ( mélange )
means a standard recognized by the National Standards System of the Standards Council of Canada. ( norme nationale )
means an absolute pressure of 101.324 kPa at 20°C. ( pression atmosphérique normale )
means the English and French languages. ( langues officielles )
[Repealed, SOR/2016-170, s. 1]
means a Category 4 adhesive set out in Part 4 that has properties similar to an alkyl cyanoacrylate adhesive and that is capable of bonding skin with skin instantly or nearly instantly. ( adhésif qui colle rapidement la peau )
- (a) the manufacturer, in the case of a chemical product or container that is manufactured in Canada; and
- (b) the importer, in the case of a chemical product or container that is imported. ( responsable )
means a non-reclosable container whose contents are to be used in their entirety immediately after the container is opened. ( contenant à usage unique )
means a container that permits the dispersal of its contents in the form of a mist and includes a pressurized container and a pump-spray container. ( contenant pulvérisateur )
means one of the following classifications within a hazard category in which a chemical product may be classified, in particular:
- (a) in the case of a Category 1 toxic product, “very toxic”, “toxic” and “harmful”;
- (b) in the case of a Category 2 corrosive product, “very corrosive”, “corrosive” and “irritant”; and
- (c) in the case of a Category 3 flammable product, “spontaneously combustible”, “very flammable”, “flammable” and “combustible”. ( sous-catégorie )
means a chemical product that
- (a) is capable of causing a lethal effect on a human;
- (b) is capable of causing a serious and irreversible but non-lethal effect on a human, such as a depressed level of consciousness, muscular weakness or paralysis, acute renal or hepatic failure, arrhythmia, hypotension, dyspnea, respiratory depression, pulmonary edema or optic neuritis; or
- (c) is identified in Part 1 as a Category 1 toxic product. ( produit toxique )
means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure. ( vapeur )
or, if only the vapour or fume poses a hazard:
or, if only the vapour or fume poses a hazard:
- (a) Oral or aspiration
- (b) Oral and contains 1% or more methyl alcohol and a total quantity of 5 mL or more
- (c) Dermal
- (d) Inhalation
- (a) All
- (b) Oral or aspiration
- (c) Dermal
- (d) Inhalation
Use only in a well-ventilated area.
Wear [Insert description of the specific safety equipment relevant to the hazard, e.g., a mask, a respirator.].
N’utiliser que dans un endroit bien aéré.
Porter [Insert description of the specific safety equipment relevant to the hazard, e.g., un masque, un respirateur. ].
FIRST AID TREATMENT
Contains [name of hazardous ingredients in descending order of proportion].
If swallowed, call a Poison Control Centre or doctor immediately.
PREMIERS SOINS
Contient [name of hazardous ingredients in descending order of proportion].
En cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin.
- (b) Oral or aspiration
- (c) Dermal
If in eyes or on skin, rinse well with water.
If on clothes, remove clothes.
En cas de contact avec les yeux ou la peau, bien rincer avec de l’eau.
En cas de contact avec les vêtements, enlever ceux-ci.
- (d) Inhalation
Marginal note: Required information — sub-category “harmful”
(2) 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.
CONTENTS MAY BE HARMFUL
or, if only the vapour or fume poses a hazard:
FUMES MAY BE HARMFUL
LE CONTENU PEUT ÊTRE NOCIF
or, if only the vapour or fume poses a hazard:
LES ÉMANATIONS PEUVENT ÊTRE NOCIVES
- (a) Oral or aspiration
- (b) Dermal
- (c) Inhalation
- (a) All
- (b) Oral or aspiration
- (c) Dermal
- (d) Inhalation
Use only in a well-ventilated area.
Wear [Insert description of the specific safety equipment relevant to the hazard, e.g., a mask, a respirator.].
N’utiliser que dans un endroit bien aéré.
Porter [Insert description of the specific safety equipment relevant to the hazard, e.g., un masque, un respirateur. ].
FIRST AID TREATMENT
Contains [name of hazardous ingredients in descending order of proportion].
If swallowed, call a Poison Control Centre or doctor immediately.
PREMIERS SOINS
Contient [name of hazardous ingredients in descending order of proportion].
En cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin.
- (b) Oral or aspiration
- (c) Dermal
If in eyes or on skin, rinse well with water.
If on clothes, remove clothes.
En cas de contact avec les yeux ou la peau, bien rincer avec de l’eau.
En cas de contact avec les vêtements, enlever ceux-ci.
- (d) Inhalation
- SOR/2009-165, s. 12
Child-resistant Containers
Marginal note: 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.
- Marginal note: 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. »
PART 2 Corrosive Products
Classification of Corrosive Products
Marginal note: Data sources
- 41 (1) The responsible person for a corrosive 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) subject to subsection (2), human experience data for the corrosive product;
- (b) the table to subsection 42(1), in the case of a corrosive product that contains a substance of special concern;
- (c) one or more of the following sources in the following order of precedence, in the case of a corrosive product that contains one or more acids or one or more bases:
- (i) the data sources set out in paragraph 6(1)(b), (c) or (e), or
- (ii) the pH and, if applicable, the acid reserve or the alkali reserve of the corrosive product as set out in the tables to subsections 42(2) and (3), determined using the test methods set out in section 44;
- (i) an erythema or edema of the skin graded at 2 or more,
- (ii) corneal damage graded at 2 or more,
- (iii) iris damage graded at 1 or more, or
- (iv) conjunctival swelling or redness graded at 2.5 or more.
- (a) paragraph (1)(d), the product must be classified in the sub-category “corrosive”; or
- (b) any of subparagraphs (1)(e)(i) to (iv), the product must be classified in the sub-category “irritant”.
- SOR/2009-165, s. 13(E)
- SOR/2016-170, s. 8(E)
Marginal note: Sub-categories — substance of special concern
42 (1) A chemical product that contains one or more of the substances 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.
When appropriate and before the other negative instructions:
Do not mix with [Insert description of other products that react with the chemical product, such as toilet bowl or drain cleaners, bleach or ammonia.].
When appropriate and before the other negative instructions:
Ne pas mélanger avec [Insert description of other products that react with the chemical product, such as des nettoyants pour cuvettes de toilette ou tuyaux d’évacuation, des agents de blanchiment ou de l’ammoniaque. ].
Handle with extreme care.
Keep out of reach of children.
Manipuler avec grand soin.
Tenir hors de la portée des enfants.
- (b) Oral
- (c) Dermal
- (d) Inhalation
Use only in a well-ventilated area.
Wear [Insert description of the specific safety equipment relevant to the hazard, e.g., a mask, a respirator].
N’utiliser que dans un endroit bien aéré.
Porter [Insert description of the specific safety equipment relevant to the hazard, e.g., un masque, un respirateur. ].
FIRST AID TREATMENT
Contains [name of hazardous ingredients in descending order of proportion].
If swallowed, call a Poison Control Centre or doctor immediately. Do not induce vomiting.
PREMIERS SOINS
Contient [name of hazardous ingredients in descending order of proportion].
En cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin. Ne pas provoquer le vomissement.
- (b) Eyes
- (c) Dermal
If on skin, rinse well with water.
If on clothes, remove clothes.
En cas de contact avec la peau, bien rincer avec de l’eau
En cas de contact avec les vêtements, enlever ceux-ci.
- (d) Inhalation
Marginal note: Required information — sub-category “corrosive”
(2) The container of a corrosive product that is classified in the sub-category “corrosive” under section 41 must display, for each type of information specified 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.
When appropriate and before the other negative instructions:
Do not mix with [Insert description of other products that react with the chemical product, such as toilet bowl or drain cleaners, bleach or ammonia.].
When appropriate and before the other negative instructions:
Ne pas mélanger avec [Insert description of other products that react with the chemical product, such as des nettoyants pour cuvettes de toilette ou tuyaux d’évacuation, des agents de blanchiment ou de l’ammoniaque. ].
Handle with care.
Keep out of reach of children.
Manipuler avec soin.
Tenir hors de la portée des enfants.
- (b) Oral
- (c) Dermal
- (d) Inhalation
Use only in a well-ventilated area.
Wear [Insert description of the specific safety equipment relevant to the hazard, e.g., a mask, a respirator.].
N’utiliser que dans un endroit bien aéré.
Porter [Insert description of the specific safety equipment relevant to the hazard, e.g., un masque, un respirateur. ].
FIRST AID TREATMENT
Contains [name of hazardous ingredients in descending order of proportion].
If swallowed, call a Poison Control Centre or doctor immediately. Do not induce vomiting.
PREMIERS SOINS
Contient [name of hazardous ingredients in descending order of proportion].
En cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin. Ne pas provoquer le vomissement.
- (b) Eyes
- (c) Dermal
If on skin, rinse well with water.
If on clothes, remove clothes.
En cas de contact avec la peau, bien rincer avec de l’eau.
En cas de contact avec les vêtements, enlever ceux-ci.
- (d) Inhalation
Repeal
61 [Repeal]Coming into Force
Marginal note: Coming into force 62 These Regulations come into force on October 1, 2001.SCHEDULE 1 (Subsections 1(1), 48(1) and 49(1) and section 52) Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
Application
- 1 This test is to be used to determine the flashback and the length of the flame projection of a flammable product enclosed in a spray container.
Apparatus
- 2 The following apparatus is to be used in this test:
- (a) a flammability tester, as illustrated in Figures 1 and 2 to the Schedule, that
- (i) is constructed so that the spray container can be secured in place by means of a holding device, such as a three-pronged clamp affixed to a ring stand, in such a manner that the discharge from the spray container is in the horizontal plane,
- (ii) may include a remote control device by which
- (A) the valve of a pressurized container can be activated, such as a side-pull, caliper-type bicycle hand brake, or
- (B) the trigger or plunger of a pump-spray container can be pneumatically activated, as illustrated in Figures 3 and 4 to the Schedule,
- (A) has an inside diameter of 1.2 mm,
- (B) has a Luer-Lock 16-gauge needle affixed to a metal tube or another suitable device, and
- (C) is placed at a distance of 15 cm from the discharge orifice of the spray container, which distance is to be measured horizontally between the vertical planes of the discharge orifice and the burner orifice, and
- (A) has an internal open space of 35 cm wide by 45 cm high,
- (B) is constructed from metal or other non-flammable material,
- (C) is mounted in a vertical plane perpendicular to the direction of discharge from the spray container, and
- (D) is adjustable in the vertical plane;
Test Specimen
- 3 (1) When there are instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size:
- (a) if shaking is applicable, shake and discharge the container three times in the manner described in paragraph 4(9)(a); or
- (b) if shaking is not applicable, discharge the container three times in the manner described in paragraph 4(9)(b).
- (a) without shaking the container, discharge it three times in the manner described in paragraph 4(9)(b); and
- (b) shake and discharge the container a further three times in the manner described in paragraph 4(9)(a).
Procedure
- 4 (1) A test
- (a) must be conducted at a room temperature of 22 ± 2°C in the absence of air currents, with an allowance made for a clearance of 50 cm beyond the support framework that is set at a distance of 100 cm from the burner; and
- (b) may be conducted in a fume hood with the exhaust fan turned off and the protecting door lowered.
- (a) maintained at a temperature of 22 ± 2°C for at least four hours; and
- (b) primed by
- (i) in the case of a pressurized container, discharging the container for five seconds, and
- (ii) in the case of a pump-spray container, activating the trigger or pump using each of 18 N, 36 N and 54 N of force for each possible nozzle position until
- (A) in the case of the “stream” position, a continuous stream is produced, and
- (B) in the case of the “spray” position, a mist is produced.
- (a) if shaking is applicable,
- (i) shake vigorously for five seconds, or for the period specified in the manufacturer’s instructions,
- (ii) install the spray container in the holding device, and
- (iii) 15 seconds after the cessation of shaking, release the discharge in accordance with subsection (10); or
- (iv) [Repealed, SOR/2009-165, s. 20]
- (a) in the case of a pressurized container, for five seconds or until the cheesecloth ignites; or
- (b) in the case of a pump-spray container, for three sprays or until the cheesecloth ignites.
Determination and Reporting of Flame Projection and Flashback
- 5 (1) If at any time during the test the cheesecloth that is mounted at a distance of 100 cm from the burner is ignited, the length of the flame projection is 100 cm or more.
- (2) If at any time during the test the cheesecloth that is mounted at a distance of 15 cm from the burner is ignited and, at all times during the test, the cheesecloth that is mounted at a distance of 100 cm from the burner remains unignited, the length of the flame projection is 15 cm or more but less than 100 cm.
- (3) If at any time during the test the cheesecloth mounted at a distance of 15 cm from the burner is not ignited but there is a flame projection, the length of the flame projection is less than 15 cm.
- (a) the length of the flame projection
- (i) in the case of a pressurized container, for each discharge, and
- (ii) in the case of a pump-spray container, for each discharge at each nozzle position and each force applied;
FIGURE 1 Flammability Tester Pressurized Container
is 35 cm wide, 45 cm high, and 100 cm long, with support frameworks. The pressurized cylinder and its nozzle is located 15 cm away from the burner and flame. The burner is set to 5 cm below the aerosol can actuator and is positioned 15 cm away from the first support framework and 100 cm away from the farthest support framework (both support frameworks are intended to hold cheesecloth as stipulated in the test method)." />FIGURE 2 Flammability Tester Pump-Spray Container
is 35 cm wide, 45 cm high, and 100 cm long, with support frameworks. The pump-spray container and its nozzle is located 15 cm away from the burner and flame. The burner is set to 5cm below the pump-spray container actuator and is positioned 15 cm away from the first support framework and 100 cm away from the farthest support framework (both support frameworks are intended to hold cheesecloth as stipulated in the test method)." />FIGURE 3 Holding Apparatus for a Trigger-Type Container Isometric View
FIGURE 4 Holding Apparatus for a Plunger Type or Pressurized Container Isometric View
- SOR/2009-165, ss. 18 to 21
SCHEDULE 2 (Subsection 1(1) and section 21)
SCHEDULE 3 (Section 7) Test Method for Determining Whether a Container Leaks
Interpretation
- Marginal note: Definitions 1 The definitions in this section apply in this Schedule. , in respect of a container, means any device or membrane under the closure that covers the opening of the container, including any membrane that is part of the container, such as a heat induction seal or a sonic seal. It does not include a liner or a mechanism that is an integral part of the closure. ( sceau d’étanchéité ) means
- (a) in the case of a container of a chemical product, the container filled with the product in the manner in which it is sold to the consumer; or
- (b) in the case of an empty container that is destined to receive a chemical product, the container filled with the product that it is destined to receive. ( échantillon d’essai )
Test Method
Preparation of Sample for Testing
- Marginal note: Remove seal 2 Except in the case of a single-use container,
- (a) open the test sample;
- (b) remove any seal that is present under the closure in accordance with the manufacturer’s instructions or, if no instructions are provided, puncture the seal; and
- (c) reclose the sample as tightly as possible without stripping the threads of the closure.
Testing for Leaks
- Marginal note: Position of test sample 4 Position the test sample
- (a) over a clean piece of blotting paper or another paper that stains on contact with a liquid;
- (b) in an inverted position at a 45° angle below the horizontal; and
- (c) with the closure in the lowest possible position and free of any obstruction.
Pass or Fail
- Marginal note: Fail 6 If an examination of the paper described in paragraph 4(a) discloses any trace of the contents of the test sample, the sample has failed the leakage test and a container of the same type as the test sample must not be used for a chemical product.
- Marginal note: Pass 7 If no trace of the contents of the test sample is found on the paper described in paragraph 4(a), the sample has passed the leakage test and a container of the same type as the test sample may be used for a chemical product.
- SOR/2009-165, s. 22(F)
- 4 (1) A test
- 3 (1) When there are instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size:
- (a) a flammability tester, as illustrated in Figures 1 and 2 to the Schedule, that