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2

Classification

Determining When Substances Are Dangerous Goods

2.1
A substance is dangerous goods when
(a)
it is listed by name in Schedule 1 and is in any form, state or concentration that meets the criteria in this Part for inclusion in at least one of the nine classes of dangerous goods; or
(b)
it is not listed by name in Schedule 1 but meets the criteria in this Part for inclusion in at least one of the nine classes of dangerous goods.

Responsibility for Classification

2.2
(1)
Before allowing a carrier to take possession of dangerous goods for transport, the consignor must determine the classification of the dangerous goods in accordance with this Part.
(2)
When importing dangerous goods into Canada, the consignor must ensure that they have the correct classification before they are transported in Canada.
(3)
A consignor must use the following classifications:
(a)
for substances included in Class 1, Explosives, the classification determined in accordance with the Explosives Act; and
(b)
for radioactive materials, the classification determined in accordance with the Packaging and Transport of Nuclear Substances Regulations.
(c)
[Repealed, SOR/2014-152]
(d)
[Repealed, SOR/2014-152]
(3.1)
For substances included in Class 6.2, Infectious Substances, a consignor may use a classification determined by the Public Health Agency of Canada or the Canadian Food Inspection Agency.
(4)
A consignor may use the appropriate classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a vessel on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.
(5)
If an error in classification is noticed or if there are reasonable grounds to suspect an error in classification, the consignor must not allow a carrier to take possession of the dangerous goods for transport until the classification has been verified or corrected.
(6)
A carrier who notices an error in classification or has reasonable grounds to suspect an error in classification while the dangerous goods are in transport must advise the consignor and must stop transporting the dangerous goods until the consignor verifies or corrects the classification. The consignor must immediately verify or correct the classification and ensure that the carrier is provided with the verified or corrected classification.

Proof of Classification

2.2.1
(1)
A consignor who allows a carrier to take possession of dangerous goods for transport or who imports dangerous goods into Canada must, during a five-year period that begins on the date that appears on the shipping document, make a proof of classification available to the Minister on reasonable notice given by the Minister.
(2)
For the purposes of this section, a proof of classification is
(a)
a test report;
(b)
a lab report; or
(c)
a document that explains how the dangerous goods were classified.
(3)
A proof of classification must include the following information:
(a)
the date on which the dangerous goods were classified;
(b)
if applicable, the technical name of the dangerous goods;
(c)
the classification of the dangerous goods; and
(d)
if applicable, the classification method used under this Part or under Chapter 2 of the UN Recommendations.

Classifying Substances That Are Listed by Name in Schedule 1

2.3
If a name of dangerous goods is shown as a shipping name in column 2 of Schedule 1, that name must be used as the shipping name. That shipping name and the corresponding data for that shipping name in columns 1, 3 and 4 of Schedule 1 must be used as the classification of the dangerous goods.

Classifying Substances That Are Included in Only One Class and One Packing Group

2.4
If, in accordance with the criteria and tests in this Part, a substance is included in only one class and one packing group, the substance is dangerous goods and the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and that is most consistent with the class and the packing group determined by the criteria and tests must be selected as the shipping name. That shipping name and the corresponding data for that shipping name in columns 1, 3 and 4 of Schedule 1 must be used as the classification of the dangerous goods.

Classifying Substances That Are Included in More Than One Class or Packing Group

2.5
If, in accordance with the criteria and tests in this Part, a substance meets the criteria for inclusion in more than one class or packing group, the substance is dangerous goods and its classification is determined in the following manner:
(a)
the classes in which the dangerous goods are included are ranked in order of precedence in accordance with section 2.8 to determine the primary class and the potential subsidiary class or classes;
(b)
the potential packing group is the one with the lowest roman numeral;
(c)
the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and for which the corresponding data in columns 1, 3 and 4 are the most consistent with the primary class, the potential subsidiary class or classes and the potential packing group is selected; and
(d)
the shipping name and the corresponding data in columns 1, 3 and 4 of Schedule 1 are used as the classification of the dangerous goods.

Descriptive Text Following a Shipping Name

2.5.1
When applying section 2.4 or 2.5, the descriptive text written in lower case letters following a shipping name must be used in determining the shipping name that most precisely describes the dangerous goods.

Classifying a Mixture or Solution

2.6
A mixture or solution of substances that are not dangerous goods and one substance that is dangerous goods and that is listed by name in Schedule 1 has the classification shown for the dangerous goods in that Schedule if the mixture or solution is still dangerous goods in accordance with paragraph 2.1(a) and the mixture or solution is not identified by a shipping name in Schedule 1. However, if the classification for the dangerous goods does not precisely describe the mixture or solution but the mixture or solution meets the criteria in this Part for inclusion in at least one of the nine classes of dangerous goods, then sections 2.4 and 2.5 must be used to determine its classification.

Marine Pollutants

2.7
(1)
A substance is a marine pollutant if
(a)
the letter “P” (marine pollutant) is set out in column 4 of Schedule 3 for the substance; or
(b)
the substance meets the criteria for classification as a marine pollutant in accordance with section 2.9.3 or chapter 2.10 of the IMDG Code.
(c)
[Repealed, SOR/2014-306, s. 18]
(2)
[Repealed, SOR/2014-306, s. 18]
(3)
[Repealed, SOR/2014-306, s. 18]

Precedence of Classes

2.8
(1)
When dangerous goods meet the criteria for inclusion in more than one class but meet the criteria for inclusion in only one of the following classes, that one class is the primary class. The classes are
(a)
Class 1, Explosives, except for the following dangerous goods for which Class 1 is a subsidiary class:
(i)
UN3101, ORGANIC PEROXIDE TYPE B, LIQUID,
(ii)
UN3102, ORGANIC PEROXIDE TYPE B, SOLID,
(iii)
UN3111, ORGANIC PEROXIDE TYPE B, LIQUID, TEMPERATURE CONTROLLED,
(iv)
UN3112, ORGANIC PEROXIDE TYPE B, SOLID, TEMPERATURE CONTROLLED,
(v)
UN3221, SELF-REACTIVE LIQUID TYPE B,
(vi)
UN3222, SELF-REACTIVE SOLID TYPE B,
(vii)
UN3231, SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED, and
(viii)
UN3232, SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED;
(b)
Class 2, Gases, and within this class, Class 2.3, Toxic Gases, takes precedence over Class 2.1, Flammable Gases, and Class 2.1, Flammable Gases, takes precedence over Class 2.2, Non-flammable and Non-toxic Gases;
(c)
Class 4.1, Flammable Solids, desensitized explosives included in Packing Group I or self-reactive substances;
(d)
Class 4.2, Substances Liable to Spontaneous Combustion, pyrophoric solids or liquids included in Packing Group I;
(e)
Class 5.2, Organic Peroxides;
(f)
Class 6.1, Toxic Substances, that are included in Packing Group I, due to inhalation toxicity;
(g)
Class 6.2, Infectious Substances; and
(h)
Class 7, Radioactive Materials.
(2)
Despite paragraph (1)(f), Class 8 is the primary class when a substance meets the criteria for inclusion in
(a)
Class 8, Corrosives;
(b)
Packing Group I due to inhalation toxicity of dusts or mists; and
(c)
Packing Group III due to oral or dermal toxicity.
(3)
A consignor must determine the order of precedence among classes that are not listed in subsection (1) in accordance with the following table, except that Class 6.1 takes precedence if a substance is a pesticide under the Pesticide Act and is included in Class 6.1, Packing Group III, and in Class 3, Packing Group III.
Code:
D = dermal
O = oral
i = by inhalation
X = any route of exposure - D, O or i
State:
S = solid
L = liquid

Class 1, Explosives

General

2.9
Substances are included in Class 1, Explosives, if they are
(a)
capable, by chemical reaction, of producing gas at a temperature, pressure and speed that would damage the surroundings; or
(b)
designed to produce an explosive or pyrotechnic effect by heat, light, sound, gas or smoke or a combination of those means as a result of non-detonative, self-sustaining exothermic chemical reactions.

Divisions

2.10
Class 1, Explosives, has six divisions:
(a)
Class 1.1, mass explosion hazard;
(b)
Class 1.2, projection hazard but not a mass explosion hazard;
(c)
Class 1.3, fire hazard and either a minor blast hazard or a minor projection hazard or both but not a mass explosion hazard;
(d)
Class 1.4, no significant hazard beyond the package in the event of ignition or initiation during transport;
(e)
Class 1.5, very insensitive substances with a mass explosion hazard; and
(f)
Class 1.6, extremely insensitive articles with no mass explosion hazard.

Compatibility Groups

2.11
Explosives are divided into 13 compatibility groups as described in Appendix 2, Description of Compatibility Groups, Class 1, Explosives, to this Part.

Packing Groups

2.12
Explosives are included in Packing Group II.

Class 2, Gases

General

2.13
A substance is included in Class 2, Gases, if it is
(a)
a gas included in one of the three divisions set out in section 2.14;
(b)
a mixture of gases;
(c)
a mixture of one or more gases with one or more vapours of substances included in other classes;
(d)
an article charged with a gas;
(e)
tellurium hexafluoride; or
(f)
an aerosol.

Divisions

2.14
Class 2, Gases, has three divisions:
(a)
Class 2.1, Flammable Gases, which consists of gases that, at 20°C and an absolute pressure of 101.3 kPa,
(i)
are ignitable when in a mixture of 13% or less by volume with air, or
(ii)
have a flammability range with air of at least 12 percentage points determined in accordance with tests or calculations in ISO 10156;
(b)
Class 2.2, Non-flammable and Non-toxic Gases, which consists of gases that are transported at an absolute pressure greater than or equal to 280 kPa at 20°C, or as refrigerated liquids, and that are not included in Class 2.1, Flammable Gases, or Class 2.3, Toxic Gases; and
(c)
Class 2.3, Toxic Gases, which consists of gases that
(i)
are known to be toxic or corrosive to humans according to CGA P-20, ISO Standard 10298 or other documentary evidence published in technical journals or government publications, or
(ii)
have an LC50 value less than or equal to 5 000 mL/m3.

Aerosols

2.14.1
(1)
Dangerous goods contained in an aerosol container must be transported under UN1950, AEROSOLS.
(2)
The dangerous goods are included
(a)
in Class 2.1, Flammable Gases, if the dangerous goods contain at least 85% by mass of flammable components and the chemical heat of combustion is greater than or equal to 30 kJ/g; or
(b)
in Class 2.2, Non-flammable and Non-toxic Gases, if the dangerous goods contain not more than 1% by mass of flammable components and the heat of combustion is less than 20 kJ/g.
(3)
The dangerous goods must be classified in accordance with section 31 of Part III of the Manual of Tests and Criteria.
(4)
The dangerous goods must not contain gases included in Class 2.3, Toxic Gases.
(5)
The dangerous goods must have a subsidiary class of 6.1, Toxic Substances, or Class 8, Corrosive Substances, if the dangerous goods – other than the propellant to be ejected from the aerosol container – are included in Class 6.1, Toxic Substances, Packing Groups II or III, or Class 8, Corrosive Substances, Packing Groups II or III.
(6)
The dangerous goods are forbidden for transport when they are included in Packing Group I for toxicity or corrosiveness.

Exemption

2.14.2
(1)
These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification) do not apply to gases included in Class 2.2, Non-flammable and Non-toxic Gases that are contained
(a)
in foodstuffs, including carbonated beverages other than UN1950;
(b)
in balls intended for use in sports;
(c)
in tires; or
(d)
in light bulbs.
(2)
The exemption set out in paragraph (1)(d) applies only if the light bulbs are packaged so that any pieces of a ruptured bulb are contained by the packaging.

Packing Groups

2.15
There are no packing groups for Class 2, Gases.

Determination of LC<sub>50</sub>

2.16
LC50 values for a single or pure gas or for a mixture of gases must be determined
(a)
by using LC50 values published in CGA P-20, ISO Standard 10298, technical journals or government publications;
(b)
in accordance with paragraphs 2.2.3(b) and (c) of Chapter 2.2 of the UN Recommendations; or
(c)
for a mixture of gases, in accordance with section 2.17.

Determination of LC<sub>50</sub> of a Mixture of Gases

2.17
To determine the LC50 of a mixture of gases when the LC50 of each of the gases is known, use 5 000 mL/m3 as the toxic limit and,
(a)
if the mixture contains only one gas with an LC50 less than or equal to the toxic limit (called “Gas A”), use the following calculation:
LC50 of the mixture = LC50 of Gas Afraction by volume of Gas A in the mixture
(b)
if the mixture contains more than one gas with an LC50 less than or equal to the toxic limit (called “Gas A”, “Gas B”, etc.),
(i)
determine the contributing number (CN) of each of the gases with an LC50 less than or equal to the toxic limit using the formula
(ii)
combine the contributing numbers (CN) of each gas with an LC50 less than or equal to the toxic limit using the formula
(iii)
obtain the LC50 of the mixture by dividing 1 by the number T (LC50 of the mixture = 1 / T).

Class 3, Flammable Liquids

General

2.18
(1)
Substances that are liquids or liquids containing solids in solution or suspension are included in Class 3, Flammable Liquids, if they
(a)
have a flash point less than or equal to 60ºC using the closed-cup test method referred to in Chapter 2.3 of the UN Recommendations; or
(b)
are intended or expected to be at a temperature that is greater than or equal to their flash point at any time while the substances are in transport.
(2)
Despite paragraph (1)(a), liquids that have a flash point greater than 35°C are not included in Class 3, Flammable Liquids, if they
(a)
do not sustain combustion, as determined in accordance with the sustained combustibility test referred to in section 2.3.1.3 of Chapter 2.3 of the UN Recommendations;
(b)
have a fire point greater than 100°C, as determined in accordance with ISO 2592; or
(c)
are water-miscible solutions with a water content greater than 90% by mass.

Packing Groups

2.19
(1)
Flammable liquids included in Class 3, Flammable Liquids, are included in one of the following packing groups:
(a)
Packing Group I, if they have an initial boiling point of 35°C or less at an absolute pressure of 101.3 kPa and any flash point;
(b)
Packing Group II, if they have an initial boiling point greater than 35°C at an absolute pressure of 101.3 kPa and a flash point less than 23°C; or
(c)
Packing Group III, if the criteria for inclusion in Packing Group I or II are not met.
(2)
Despite subsection (1), for dangerous goods included in Class 3, Flammable Liquids,
(a)
when the packing group is unknown, the consignor may include the dangerous goods in Packing Group I; or
(b)
when the packing group is reasonably believed or is known to be Packing Group II or III, the consignor may include the dangerous goods in Packing Group II but, if the substance has the same characteristics as UN1203, GASOLINE, it may also be transported as Packing Group II.
(3)
Despite paragraph (1)(b), a viscous flammable liquid that has a flash point less than 23°C may be included in Packing Group III if
(a)
the liquid or any separated solvent does not meet the criteria for inclusion in Class 6.1 or Class 8;
(b)
less than 3% of the clear solvent layer separates when the solvent separation test set out in subsection 32.5.1 of Part III of the Manual of Tests and Criteria is carried out;
(c)
the viscosity and flash-point of the liquid are in accordance with the table to this subsection; and
(d)
the viscosity test is carried out in accordance with the procedure set out in subsection 32.4 of Part III of the Manual of Tests and Criteria or the procedure set out in ISO 2431.
(3.1)
If a liquid referred to in subsection (3) is a non-Newtonian substance or a flow cup method of viscosity determination is unsuitable, a variable shear-rate viscometer must be used to determine the dynamic viscosity coefficient of the liquid, at 23°C, at a number of shear rates. The values obtained must be plotted against shear rate and then extrapolated to zero shear rate. The dynamic viscosity value thus obtained, divided by the density, gives the apparent kinematic viscosity at near-zero shear rate.

Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances That on Contact with Water Emit Flammable Gases (Water-reactive Substances)

General

2.20
Substances are included in Class 4 if they are flammable solids, substances liable to spontaneous combustion or substances that on contact with water emit flammable gases (water-reactive substances) and meet the criteria for inclusion in one of the divisions and packing groups of Class 4.

Divisions

2.21
(1)
Class 4 has three divisions:
(a)
Class 4.1, Flammable Solids, which consists of substances that are
(i)
readily combustible, as determined in accordance with section 2.4.2.2 of Chapter 2.4 of the UN Recommendations,
(ii)
under normal conditions of transport, liable to cause fire through friction,
(iii)
solid desensitized explosives, which are solid explosives desensitized through wetting with water or alcohols or diluted with other substances to form a homogeneous solid mixture to suppress their explosive properties so that they are not included in Class 1, Explosives,
(iv)
self-reactive substances that are liable to undergo a strongly exothermic decomposition even without the participation of oxygen (air), as determined in accordance with section 2.4.2.3 of Chapter 2.4 of the UN Recommendations, but Class 4.1 does not include substances that have
(iv.1)
polymerizing substances that, without stabilization, are liable to undergo a strongly exothermic reaction resulting in the formation of larger molecules or resulting in the formation of polymers under conditions normally encountered in transport,
(v)
identified by one of the following UN numbers: UN2956, UN3241, UN3242 or UN3251, or
(vi)
are in the list of currently assigned self-reactive substances in section 2.4.2.3.2.3 of Chapter 2.4 of the UN Recommendations;
(b)
Class 4.2, Substances Liable to Spontaneous Combustion, which consists of
(i)
pyrophoric substances that spontaneously ignite within 5 minutes after coming into contact with air, as determined in accordance with section 2.4.3.2 of Chapter 2.4 of the UN Recommendations, and
(ii)
self-heating substances that, when in large amounts (kilograms), spontaneously ignite on contact with air after long periods (hours or days), as determined in accordance with section 2.4.3.2 of Chapter 2.4 of the UN Recommendations; and
(c)
Class 4.3, Water-reactive Substances, which consists of substances that, in tests performed in accordance with section 2.4.4.2 of Chapter 2.4 of the UN Recommendations, emit a flammable gas at a rate greater than 1 L/kg of substance per hour or spontaneously ignite at any step in the test procedure.
(2)
For the purposes of subparagraph (1)(a)(iv.1), a substance is considered to be a polymerizing substance of Class 4.1 if it
(a)
has a self-accelerating polymerization temperature (SAPT) that is less than or equal to 75°C under the conditions in which the substance or mixture is to be transported, with or without chemical stabilization as offered for transport, and in the means of containment in which the substance or mixture is to be transported;
(b)
exhibits a heat of reaction of more than 300 J/g; and
(c)
does not meet any other criteria for inclusion in Classes 1 to 8.

Polymerizing Substances

2.21.1
A person must not offer for transport, handle or transport the following polymerizing substances unless they are stabilized by temperature control:
(a)
polymerizing substance that is in a small means of containment prescribed by TP 14850 or Chapter 6.1 of the UN Recommendations or in an intermediate bulk container (IBC) and whose self-accelerating polymerization temperature (SAPT) is 50°C or less in the small means of containment or IBC; and
(b)
a polymerizing substance that is in a large means of containment that is not an IBC and whose SAPT is 45°C or less in the large means of containment.

Packing Groups

2.22
(1)
Substances included in Class 4.1, Flammable Solids, are included in one of the following packing groups:
(a)
Packing Group I, if the substances meet the criterion in subparagraph 2.21(1)(a)(iii), except that substances that have one of the following UN numbers are included in Packing Group II: UN2555, UN2556, UN2557, UN2907, UN3270, UN3319 or UN3344;
(b)
Packing Group II, if
(i)
the substances meet the criteria for inclusion in Class 4.1 in subparagraph 2.21(1)(a)(iv) or (v), except that substances that have one of the following UN numbers are included in Packing Group III: UN2956, UN3241 or UN3251,
(ii)
in tests referred to in section 33.2.1 of Part III of the Manual of Tests and Criteria for readily combustible solids, excluding metal powders, the burning time of the substances is less than 45 seconds and the flame passes the wetted zone, or
(iii)
in tests referred to in section 33.2.1 of Part III of the Manual of Tests and Criteria, for readily combustible solids that are powders of metals or metal alloys, the zone of reaction of the substances spreads over the whole length of the sample in 5 minutes or less; or
(c)
Packing Group III, if
(i)
in tests referred to in section 33.2.1 of Part III of the Manual of Tests and Criteria, for readily combustible solids, excluding metal powders, the burning time of the substances is less than 45 seconds and the wetted zone stops the flame propagation for at least 4 minutes,
(ii)
in tests referred to in section 33.2.1 of Part III of the Manual of Tests and Criteria, for readily combustible solids that are powders of metals or metal alloys, the zone of reaction of the substances spreads over the whole length of the sample in more than 5 minutes but not more than 10 minutes, or
(iii)
the substances are solids that are liable to cause fire through friction.
(2)
Substances included in Class 4.2, Substances Liable to Spontaneous Combustion, are included in one of the following packing groups:
(a)
Packing Group I, if the substances are pyrophoric solids or liquids;
(b)
Packing Group II, if the substances are self-heating substances that give a positive result, as determined in accordance with section 2.4.3.2 of Chapter 2.4 of the UN Recommendations using a 25 mm sample cube at 140°C; or
(c)
Packing Group III for all other substances.
(3)
Substances included in Class 4.3, Water-reactive Substances, are included in one of the following packing groups:
(a)
Packing Group I, if the substances
(i)
react vigorously with water at ambient temperatures and demonstrate a tendency for the gas produced to ignite spontaneously, or
(ii)
react readily with water at ambient temperatures so that the rate of evolution of flammable gas is greater than or equal to 10 L/kg of substance over any one minute;
(b)
Packing Group II, if
(i)
the substances react readily with water at ambient temperatures so that the rate of evolution of flammable gas is greater than or equal to 20 L/kg of substance per hour, and
(ii)
the criteria for inclusion in Packing Group I are not met; or
(c)
Packing Group III, if
(i)
the substances react slowly with water at ambient temperatures so that the rate of evolution of flammable gas is greater than or equal to 1 L/kg of substance per hour, and
(ii)
the criteria for inclusion in Packing Group I or II are not met.

Class 5, Oxidizing Substances and Organic Peroxides

General

2.23
Substances are included in Class 5 if they are oxidizing substances or organic peroxides and meet the criteria for inclusion in one of the divisions of Class 5.

Divisions

2.24
Class 5 has two divisions:
(a)
Class 5.1, Oxidizing Substances, which consists of substances that yield oxygen thereby causing or contributing to the combustion of other material, as determined in accordance with section 2.5.2 of Chapter 2.5 of the UN Recommendations; and
(b)
Class 5.2, Organic Peroxides, which consists of substances that
(i)
are thermally unstable organic compounds that contain oxygen in the bivalent “-O-O-” structure, as determined in accordance with section 2.5.3 of Chapter 2.5 of the UN Recommendations,
(ii)
are liable to undergo exothermic self-accelerating decomposition,
(iii)
have one or more of the following characteristics:
(iv)
are in the list of currently assigned organic peroxides in section 2.5.3.2.4 of Chapter 2.5 of the UN Recommendations.

Packing Groups

2.25
(1)
The packing group for a substance that is included in Class 5.1, Oxidizing Substances, must be determined by using a test sample of the substance that
(a)
in the case of a solid, is prepared in accordance with section 2.5.2.2 of Chapter 2.5 of the UN Recommendations; and
(b)
in the case of a liquid, is prepared in accordance with section 2.5.2.3 of Chapter 2.5 of the UN Recommendations.
(2)
In the case of a solid substance included in Class 5.1, Oxidizing Substances, the test procedure set out in either subsection 34.4.1 (test O.1) or subsection 34.4.3 (test O.3) of Part III of the Manual of Tests and Criteria must be carried out on the test sample. The substance is included in
(a)
Packing Group I, if the test sample exhibits an average burning time that is
(i)
less than the mean burning time of a 3:2 potassium bromate/cellulose mixture by mass when test O.1 is used, or
(ii)
greater than the mean burning rate of a 3:1 calcium peroxide/cellulose mixture by mass when test O.3 is used;
(b)
Packing Group II, if the criteria for Packing Group I are not met and the test sample exhibits an average burning time that is
(i)
less than or equal to the mean burning time of a 2:3 potassium bromate/cellulose mixture by mass, when test O.1 is used, or
(ii)
equal to or greater than the mean burning rate of a 1:1 calcium peroxide/cellulose mixture by mass, when test O.3 is used; or
(c)
Packing Group III, if the criteria for Packing Groups I and II are not met and the test sample exhibits an average burning time that is
(i)
less than or equal to the mean burning time of a 3:7 potassium bromate/cellulose mixture by mass, when test O.1 is used, or
(ii)
equal to or greater than the mean burning rate of a 1:2 calcium peroxide/cellulose mixture by mass, when test O.3 is used.
(2.1)
In the case of a liquid substance included in Class 5.1, Oxidizing Substances, the test procedure set out in sub-section 34.4.2 (test O.2) of Part III of the Manual of Tests and Criteria must be carried out on the test sample. The substance is included in
(a)
Packing Group I, if the test sample in a 1:1 mixture by mass of substance and cellulose spontaneously ignites or the mean pressure rise time is less than that of a 1:1 mixture by mass of 50% perchloric acid and cellulose;
(b)
Packing Group II, if the mean pressure rise time is less than or equal to the mean pressure rise time of a 1:1 mixture by mass of 40% aqueous sodium chlorate solution and cellulose and the criteria for inclusion in Packing Group I are not met; or
(c)
Packing Group III, if the mean pressure rise time is less than or equal to the mean pressure rise time of a 1:1 mixture by mass of 65% aqueous nitric acid solution and cellulose and the criteria for inclusion in Packing Group I or II are not met.
(3)
Class 5.2, Organic Peroxides, are included in Packing Group II.
(4)
The type, B to F, of organic peroxides must be determined in accordance with section 2.5.3.3 of Chapter 2.5 of the UN Recommendations.

Class 6, Toxic and Infectious Substances

General

2.26
Substances are included in Class 6 if they are
(a)
liable to cause death or serious injury or to harm human health if swallowed or inhaled or if they come into contact with human skin; or
(b)
infectious substances.

Divisions

2.27
Class 6 has two divisions:
(a)
Class 6.1, Toxic Substances, which consists of substances that are liable to cause death or serious injury or to harm human health if swallowed or inhaled or if they come into contact with human skin; and
(b)
Class 6.2, Infectious Substances, which consists of infectious substances.

Criteria for Inclusion in Class 6.1, Toxic Substances

2.28
A substance is included in Class 6.1
(a)
due to oral toxicity if its LD50 (oral) is less than or equal to 300 mg/kg;
(b)
due to dermal toxicity if its LD50 (dermal) is less than or equal to 1 000 mg/kg; or
(c)
due to inhalation toxicity
(i)
by dust or mist if dust or mist is likely to be produced in a transport accident and its LC50 (inhalation) is less than or equal to 4 mg/L, or
(ii)
by vapour if its LC50 (inhalation) is less than or equal to 5 000 mL/m3.

Packing Groups

2.29
(1)
When a substance is known to be included in Class 6.1 and that knowledge is based on documentary evidence published in technical journals or government publications and testing is not done to determine the packing group, the substance must be included in Packing Group I.
(2)
Substances that are included in Class 6.1 due to
(a)
oral toxicity are included in one of the following packing groups:
(i)
Packing Group I, if the LD50 (oral) is less than or equal to 5 mg/kg,
(ii)
Packing Group II, if the LD50 (oral) is greater than 5 mg/kg but less than or equal to 50 mg/kg, or
(iii)
Packing Group III, if the LD50 (oral) is greater than 50 mg/kg but less than or equal to 300 mg/kg;
(b)
dermal toxicity are included in one of the following packing groups:
(i)
Packing Group I if the LD50 (dermal) is less than or equal to 50 mg/kg,
(ii)
Packing Group II if the LD50 (dermal) is greater than 50 mg/kg but less than or equal to 200 mg/kg, or
(iii)
Packing Group III if the LD50 (dermal) is greater than 200 mg/kg but less than or equal to 1 000 mg/kg;
(c)
inhalation toxicity by dust or mist are included in one of the following packing groups:
(i)
Packing Group I if the LC50 (inhalation) is less than or equal to 0.2 mg/L,
(ii)
Packing Group II if the LC50 (inhalation) is greater than 0.2 mg/L but less than or equal to 2 mg/L, or
(iii)
Packing Group III if the LC50 (inhalation) is greater than 2 mg/L but less than or equal to 4 mg/L; or
(d)
inhalation toxicity by vapour are included in one of the following packing groups, where “V” is the saturated vapour concentration in millilitres per cubic metre of air at 20°C and at 101.3 kPa:
(i)
Packing Group I, if
(ii)
Packing Group II, if
(iii)
Packing Group III, if

Determination of LD<sub>50</sub> (oral or dermal)

2.30
LD50 (oral or dermal) values for solid or liquid substances or for a mixture of solid or liquid substances must be determined
(a)
by using the LD50 values published in technical journals or in government publications;
(b)
in accordance with section 2.6.2.3 of Chapter 2.6 of the UN Recommendations; or
(c)
for a mixture of solid or liquid substances, in accordance with section 2.31.

Determination of LD<sub>50</sub> (oral or dermal) of a Mixture of Substances

2.31
To determine the LD50 of a mixture of solid or liquid substances when the LD50 of each of the substances is known, use 1 000 mg/kg as the toxic limit and
(a)
if the mixture contains only one substance with an LD50 less than or equal to the toxic limit (called “Substance A”), use the following calculation:
LD50 of the mixture = LD50 of Substance Afraction by mass of Substance A in the mixture
(b)
if the mixture contains more than one substance with an LD50 less than or equal to the toxic limit (called “Substance A”, “Substance B”, etc.),
(i)
determine the lowest LD50 of all substances, assign that LD50 to all substances whose actual LD50 is less than or equal to the toxic limit, then use the calculation in paragraph (a) using that assigned LD50 and taking as the mass of Substance A in the formula the total of the masses of all substances whose actual LD50 is less than or equal to the toxic limit, or
(ii)
use the following calculations:

Determination of LC<sub>50</sub> (dust, mist or vapour)

2.32
LC50 values for a substance in the form of a dust, mist or vapour or for a mixture of substances in the form of a dust, mist or vapour must be determined
(a)
by using the LC50 values published in technical journals or in government publications;
(b)
in accordance with sections 2.6.2.2.4.2 to 2.6.2.2.4.7 of Chapter 2.6 of the UN Recommendations; or
(c)
for a mixture of substances, in accordance with section 2.33.

Determination of LC<sub>50</sub> (dust, mist or vapour) of a Mixture of Substances

2.33
To determine the LC50 of a mixture of substances that are in the form of a dust, mist or vapour, when the LC50 of each of the substances is known, make the determination in accordance with section 2.17, except that for a dust use 10 mg/L as the toxic limit and for a mist use 2 mg/L as the toxic limit. For a substance in the form of vapour the toxic limit is the same as for a gas, which is 5 000 mL/m3.

Determination of the Packing Group of a Mixture of Liquids with an Inhalation Toxicity by Vapour

2.34
(1)
The first step in determining the packing group of a mixture of liquids with an inhalation toxicity by vapour when one or more of the substances has an LC50 (vapour) less than or equal to 5 000 mL/m3, and the LC50 of each substance is known, is to determine the following data:
(a)
determine the LC50 (vapour) for the mixture in accordance with section 2.33;
(b)
where Pi is the vapour pressure of the ith substance in kPa at 20°C and an absolute pressure of 101.3 kPa, determine the volatility, Vi, of each substance in the mixture as
Vi = Pi multiplied by 106 then divided by 101.3;
(c)
determine the ratio of the volatility of a substance to its LC50 for each substance with an LC50 less than or equal to 5 000 mL/m3 as
Ri = Vi divided by the LC50 of the ith substance;
and
(d)
set R equal to the sum of the Ri for each of the substances with an LC50 less than or equal to 5 000 mL/m3 as
R = R1 + R2 + ... + (as needed).
(2)
Using the data determined in accordance with subsection (1), the mixture is included in one of the following packing groups:
(a)
Packing Group I, if
(i)
R is greater than or equal to 10, and
(ii)
the LC50 (mixture) is less than or equal to 1 000 mL/m3;
(b)
Packing Group II, if
(i)
R is greater than or equal to 1,
(ii)
the LC50 (mixture) is less than or equal to 3 000 mL/m3, and
(iii)
the criteria for inclusion in Packing Group I are not met; or
(c)
Packing Group III, if
(i)
R is greater than or equal to 0.2,
(ii)
the LC50 (mixture) is less than or equal to 5 000 mL/m3, and
(iii)
the criteria for inclusion in Packing Group I or II are not met.

Determination of the Packing Group of a Mixture of Liquids with an Inhalation Toxicity and an Unknown LC<sub>50</sub>

2.35
(1)
A mixture of liquids with an inhalation toxicity and an unknown LC50 is included in Packing Group I if it meets the following criteria:
(a)
when a sample of the mixture is vapourized and diluted with air to create a test atmosphere of 1 000 mL/m3 and 10 young adult albino rats (5 male and 5 female) are exposed to the test atmosphere for 1 hour and observed for 14 days, the result is the death of 5 or more of the animals within the 14-day observation period; and
(b)
when a sample of the vapour in equilibrium with the mixture at 20°C is diluted with 9 equal volumes of air to form a test atmosphere and 10 young adult albino rats (5 male and 5 female) are exposed to the test atmosphere for 1 hour and observed for 14 days, the result is the death of 5 or more of the animals within the 14-day observation period.
(2)
A mixture of liquids with an inhalation toxicity and an unknown LC50 is included in Packing Group II if it meets the following criteria and the criteria for inclusion in Packing Group I are not met:
(a)
when a sample of the mixture is vapourized and diluted with air to create a test atmosphere of 3 000 mL/m3 and 10 young adult albino rats (5 male and 5 female) are exposed to the test atmosphere for 1 hour and observed for 14 days, the result is the death of 5 or more of the animals within the 14-day observation period; and
(b)
when a sample of the vapour in equilibrium with the mixture at 20°C is used to form a test atmosphere and 10 young adult albino rats (5 male and 5 female) are exposed to the test atmosphere for 1 hour and observed for 14 days, the result is the death of 5 or more of the animals within the 14-day observation period.
(3)
A mixture of liquids with an inhalation toxicity and an unknown LC50 is included in Packing Group III if it meets the following criteria and the criteria for inclusion in Packing Group I or II are not met:
(a)
when a sample of the mixture is vapourized and diluted with air to create a test atmosphere of 5 000 mL/m3 and 10 young adult albino rats (5 male and 5 female) are exposed to the test atmosphere for 1 hour and observed for 14 days, the result is the death of 5 or more of the animals within the 14-day observation period; and
(b)
when the vapour pressure of the mixture is measured, the vapour concentration is greater than or equal to 1 000 mL/m3.
(4)
If only LC50 data relating to 4-hour exposures to dust or mist are available, those figures can be multiplied by 4 and the result taken as the LC50 data for 1 hour, that is LC50 4 hours (dust or mist) multiplied by 4 is equivalent to LC50 1 hour.
(5)
If only LC50 data relating to 4-hour exposures to vapour are available, those figures can be multiplied by 2 and the result taken as the LC50 data for 1 hour, that is LC50 4 hours (vapour) multiplied by 2 is equivalent to LC50 1 hour.

Infectious Substances

2.36
(1)
Substances are included in Class 6.2, Category A or Category B if they are infectious substances and are listed in Appendix 3 to this Part or exhibit characteristics similar to a substance listed in that appendix.
(2)
Infectious substances that are included in Category A and that are in a form other than a culture may be handled, offered for transport or transported as Category B in accordance with the conditions set out in paragraphs 1.39(a) to (c) of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases).
(3)
Despite subsection (2), the following infectious substances included in Category A, and any substance that exhibits characteristics similar to these substances, must always be handled, offered for transport or transported as Category A:
(a)
Crimean-Congo Hemorrhagic fever virus;
(b)
Ebola virus;
(c)
Flexal virus;
(d)
Guanarito virus;
(e)
Hantaviruses causing hemorrhagic fever with renal syndrome;
(f)
Hantaviruses causing pulmonary syndrome;
(g)
Hendra virus;
(h)
Herpes B virus (Cercopithecine Herpesvirus-1);
(i)
Junin virus;
(j)
Kyasanur Forest virus;
(k)
Lassa virus;
(l)
Machupo virus;
(m)
Marburg virus;
(n)
Monkeypox virus;
(o)
Nipah virus;
(p)
Omsk hemorrhagic fever virus;
(q)
Russian Spring – Summer encephalitis virus;
(r)
Sabia virus; and
(s)
Variola (smallpox virus).

Medical or Clinical Waste

2.36.1
Dangerous goods that are medical or clinical waste must be classified
(a)
under UN2814 or, as applicable, under UN2900, if they contain Category A infectious substances;
(b)
under UN3291, if they contain Category B infectious substances; or
(c)
under UN3291, if the shipper has reasonable grounds to believe that they have a low probability of containing infectious substances.

Class 7, Radioactive Materials

General

2.37
Substances defined as Class 7, Radioactive Materials in the Packaging and Transport of Nuclear Substances Regulations are included in Class 7, Radioactive Materials.

Divisions

2.38
There are no divisions for Class 7.

Packing Groups

2.39
There are no packing groups for Class 7.

Class 8, Corrosives

General

2.40
Substances are included in Class 8, Corrosives, if they
(a)
are known to cause full thickness destruction of human skin, that is, skin lesions that are permanent and destroy all layers of the outer skin through to the internal tissues;
(b)
cause full thickness skin destruction, as determined in accordance with OECD Guideline 430 or OECD Guideline 431; or
(c)
do not cause full thickness destruction of skin, but exhibit a corrosion rate that exceeds 6.25 mm per year at a test temperature of 55°C, as determined in accordance with section 37 of Part III of the Manual of Tests and Criteria.

Divisions

2.41
There are no divisions for Class 8.

Packing Groups

2.42
(1)
If a substance is known to be included in Class 8, Corrosives, and that knowledge is based on documentary evidence published in technical journals or government publications and testing is not done to determine the packing group, the substance must be included in Packing Group I.
(2)
Class 8, Corrosives, are included in one of the following packing groups:
(a)
Packing Group I, if
(i)
they are known to cause full thickness destruction of human skin, that is, skin lesions that are permanent and that destroy all layers of the outer skin through to the internal tissues, or
(ii)
full thickness destruction of intact skin tissue occurs within an observation period of 60 minutes after an exposure time of 3 minutes or less, as determined in accordance with OECD Guideline 404 or OECD Guideline 435;
(b)
Packing Group II, if full thickness destruction of skin occurs within an observation period of 14 days after an exposure time of more than 3 minutes but not more than 60 minutes, as determined in accordance with OECD Guideline 404 or OECD Guideline 435; or
(c)
Packing Group III, if
(i)
full thickness destruction of intact skin tissue occurs within an observation period of 14 days after an exposure time of more than 60 minutes but not more than 4 hours, as determined in accordance with OECD Guideline 404 or OECD Guideline 435, or
(ii)
they exhibit a corrosion rate that exceeds 6.25 mm per year at a test temperature of 55°C on steel or aluminum surfaces as determined in accordance with subparagraph 2.8.2.5(c)(ii) of the UN Recommendations.
(3)
An in vitro test may be used instead of the test in the OECD Guidelines.

Class 9, Miscellaneous Products, Substances or Organisms

General

2.43
A substance is included in Class 9, Miscellaneous Products, Substances or Organisms, if it
(a)
is included in Class 9 in column 3 of Schedule 1; or
(b)
is not included in Class 9 in column 3 of Schedule 1 and does not meet the criteria for inclusion in any of Classes 1 to 8 and
(i)
[Repealed, SOR/2014-306]
(ii)
is a marine pollutant under section 2.7 of Part 2 (Classification), or
(iii)
except for asphalt or tar, is offered for transport or transported at a temperature greater than or equal to 100°C if it is in a liquid state or at a temperature greater than or equal to 240°C if it is in a solid state.
(iv)
[Repealed, SOR/2008-34]
(v)
[Repealed, SOR/2008-34]

Lithium Cells and Batteries

2.43.1
(1)
A person must not handle, offer for transport or transport lithium cells and batteries under any of the following shipping names unless the cells and batteries meet the conditions set out in subsection (2):
(a)
UN3090, LITHIUM METAL BATTERIES;
(b)
UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT or LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT;
(c)
UN3480, LITHIUM ION BATTERIES; or
(d)
UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT.
(2)
The conditions are as follows:
(a)
the cell or battery type passes each test set out in subsection 38.3 of Part III of the Manual of Tests and Criteria;
(b)
each cell or battery has a safety venting device or is designed to prevent a violent rupture under normal conditions of transport;
(c)
each cell or battery is equipped to prevent external short circuits; and
(d)
each battery containing cells or a series of cells connected in parallel is equipped with diodes, fuses or other devices that prevent dangerous reverse current flow.

Divisions

2.44
There are no divisions for Class 9.

Packing Groups

2.45
Substances included in Class 9, Miscellaneous Products, Substances and Organisms, are included in Packing Group III unless they are included in a different packing group shown for them in column 4 of Schedule 1.
For the “Category A” tables: * = requires an ERAP.
For the “Category B” tables: @ = infectious substance that affects animals only.