Part 3

Hazard Classification Of Waste And Recyclable Materials

3.1 (1) No hazardous waste or hazardous recyclable material may be moved from one province to another within Canada unless the generator of the waste or recyclable material has completed the hazard classification identification process for the waste or recyclable material in accordance with this Part.

3.2 (1) Any waste or recyclable material that is described by an item in Schedule 4, shall be considered hazardous waste or hazardous recyclable material as the case may be and shall have the corresponding hazard classification assigned to that item.

(2) Despite subsection (1), where a conditional exclusion has been issued for an item in List 2 of Schedule 4, the hazard classification for the hazardous waste or hazardous recyclable material named in the conditional exclusion may no longer apply.

3.3 A waste or recyclable material not listed in Schedule 4 shall be considered hazardous waste or hazardous recyclable material if it is determined that one or more of the following hazard classifications are applicable to the waste or recyclable material.

3.4 (1) A substance is included as a gas, if it is a substance that at 50° C has a vapour pressure greater than 300 kPa or that is completely gaseous at 20° C at an absolute pressure of 101.3 kPa and that is

  1. compressed (other than in solution) so that when it is packaged under pressure [for transport] it remains entirely gaseous at 20° C;
  2. liquefied so that when it is packaged [for transport] it is partially liquid at 20° C;
  3. refrigerated liquid so that when it is packaged [for transport] it is made partially liquid because of its low temperature; or
  4. in solution so that when it is packaged [for transport] it is dissolved in a solvent. (gaz)

2) A waste or recyclable material is a gaseous hazardous waste or hazardous recyclable material subject to these regulations if it is a gas that

  1. is ignitable
    1. when in a mixture of 13 per cent or less by volume with air, or
    2. that has a flammability range with air of at least 12 percentage points determined in accordance with tests or calculations in ISO 10156;
  2. is non-flammable and non-toxic at an absolute pressure greater than or equal to 280 kPa at 20° C, or as refrigerated liquids; or
  3. is toxic because it
    1. is 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
    2. have an LC50 value less than or equal to 5 000 mL/m3.

3.5 A waste or recyclable material is a flammable liquid hazardous waste or hazardous recyclable material subject to these regulations if it is a liquid or liquid containing solids in solution or suspension that

  1. have a flash point less than or equal to 60.5° C using the closed-cup test method referred to in Chapter 2.3 of the UN Recommendations; or
  2. intended or expected to be at a temperature that is greater than or equal to its flash point at any time while the substances are moved interprovincially.

3.6 A waste or recyclable material is a dangerously reactive hazardous waste or hazardous recyclable material subject to these regulations if

  1. it consists of substances that are
    1. readily combustible, as determined in accordance with section 2.4.2.2 of Chapter 2.4 of the UN Recommendations,
    2. [ under normal conditions of transport], liable to cause fire through friction,
    3. 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 TDGR Class 1, Explosives,
    4. 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,
    5. identified by one of the following UN numbers: UN2956, UN3241, UN3242 or UN3251, or
    6. 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;
  2. it consists of
    1. 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, or
    2. 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; or
  3. it 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.

3.7 A waste or recyclable material is an oxidizer hazardous waste or hazardous recyclable material subject to these regulations if

  1. it 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;
  2. it consists of substances that
    1. 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,
    2. are liable to undergo exothermic self-accelerating decomposition,
    3. have one or more of the following characteristics:
      1. they are liable to explosive decomposition,
      2. they burn rapidly,
      3. they are sensitive to impact or friction,
      4. they react dangerously with other substances, or
      5. they cause damage to the eyes, or
    4. are in the list of currently assigned organic peroxides in section 2.5.3.2.4 of Chapter 2.5 of the UN Recommendations.

3.8 A waste or recyclable material is a toxic hazardous waste or hazardous recyclable material subject to these regulations if it is liable to cause death or serious injury or to harm human health

  1. due to an oral toxicity that
    1. for a solid is less than or equal to 200 mg/kg LD50 (oral), or
    2. for a liquid is less than or equal to 500 mg/kg LD50 (oral);
    3. due to a dermal toxicity that is less than or equal to 1 000 mg/kg LD50 (dermal); or
    4. due to an inhalation toxicity
  1. by dust or mist and its LC50 (inhalation) is less than or equal to 10 mg/L, or
  2. by vapour if its LC50 (inhalation) is less than or equal to 5 000 mL/m3.

3.9 A waste or recyclable material is infectious hazardous waste or hazardous recyclable material subject to these regulations if it contains micro-organisms that affect humans or animals and are assigned to [Risk Groups 4, 3 or 2] in accordance with the Office of Biosafety of Health Canada

3.10 A waste or recyclable material that is a solid or liquid is corrosive hazardous waste or hazardous recyclable material subject to these regulations if it

  1. is 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;
  2. causes full thickness skin destruction, as determined in accordance with the OECD Guidelines;
  3. does not cause full thickness destruction of skin, but exhibit a corrosion rate that; it is a liquid that exhibits a corrosion rate that exceeds 6.25 mm per year at a test temperature of 55° C on steel surfaces, type P235 referred to in ISO 9328-2 or a similar type or on aluminum surfaces, non-clad types 7075-T6 or AZ5GU-T6, as determined in accordance with the ASTM Corrosion Test; or
  4. is a liquid and has a pH less than or equal to 2.0 or greater than or equal to 12.5 as determined by a pH meter.

3.11 (1) A waste or recyclable material is a leachate toxic hazardous waste or hazardous recyclable material subject to these regulations if it produces a leachate in accordance with the "Leachate Test" referred to in Schedule 2 of these Regulations containing one or more hazardous constituents listed in Schedule 2 at concentrations that exceed the regulated limits for the hazardous constituent(s).

3.11 (2) A waste or recyclable material is an environmentally toxic hazardous waste or hazardous recyclable material subject to these regulations if it is or contains a hazardous constituent named in Schedule 3 of these Regulations at a concentration greater than the concentration by mass listed for the hazardous constituent.

3.12 (1) Where hazardous waste or hazardous recyclable material referred to in subsection 3.2 (1) or in any of sections 3.4 to 3.11 is included in one or more classes in accordance with the Transportation of Dangerous Goods Regulations, the hazardous waste or hazardous recyclable material shall be "dangerous goods" in accordance with those Regulations for the purposes of classification, labelling, packaging and safety requirements for transport.

(2) A hazardous waste or hazardous recyclable material that is not included in any of the classes of dangerous goods in accordance with the Transportation of Dangerous Goods Regulations and has been classified as environmentally hazardous in Section 3.11 or Schedule 4 shall be subject to the packing requirements for Class 9 of the "UN Recommendations for the Transport Dangerous Goods" for the purposes of these Regulations.

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