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.

This is the next step in the hazard classification process. If the waste or recyclable material in question has not been identified in Schedule 4, the generator continues by examining the criteria and accompanying tests below. Through either conducting the tests or using previous knowledge of the waste or recyclable material composition/properties the generator is directed to note each hazard classification that may be applicable.

Many are the exact criteria and tests also required by the Transportation of Dangerous Goods Regulations and the references herein are meant to ensure that the criteria and tests (and understood to include precedence rules of TDGR) are applied equally. This is important given the purpose of these regulations is also control the "movement/transport". The control here is however for additional environmental reasons. The discussions at the workshops involved hazard classification for more than just the transport phase in the life cycle from generation to disposal /recycling and was in keeping with the broader protection of the "greater environment" purpose of these Regulations. It was agreed that the TDGR criteria/tests mentioned need to be included for purposes beyond transport, thus match the purpose of these Regulations, and are suitable for use from generation to disposal/recycling. What was also agreed, was that additional hazard properties must be included to capture characteristics important at generation and disposal/recycling for protection of the greater environment but not necessarily as much so during the transport phase between. By necessity, however transport/movement will automatically be implicated by being sandwiched in the middle. It is for this reason that these regulations have included the required individual criteria and tests to be applied at point of generation to ensure that during movement the link to disposal or recycling is maintained. As well, readers need to keep in mind the overriding harmonization goals of these Regulations and thus the necessity for comprehensive coverage.

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

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

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;
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
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

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
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.

As discussed at workshops, this exclusion was carried forward from TDGR. It is known that households can have waste/ recyclable materials of similar hazardous nature within "garbage". The majority wish to have this exclusion in place for individual residences since "garbage" generally means non-hazardous and other programs are more efficient to encourage environmental practices for "hazardous" from households. Such materials once collected from many contributing households would lose the "individual household" status and thus small quantity impact. Thus persons collecting/accumulating hazardous waste or hazardous recyclable material on behalf of householders, eg. household hazardous waste depots, would be subject to these regulations as a generator. Asbestos:
(i) and (ii) are descriptors that define when asbestos is in forms where the hazard posed is safely contained by the material itself.Charcoal:
(i) (ii) and (iii) are descriptors of the material where the usual hazard is not present and thus regulations controlling hazards need not address these materials.

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

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;
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
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

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;
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

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

by dust or mist and its LC50 (inhalation) is less than or equal to 10 mg/L, or
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

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;
causes full thickness skin destruction, as determined in accordance with the OECD Guidelines;
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
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.

There is a slight variation from TDGR for the hazard characteristics for class 8. The pH parameters were retained as discussed at the workshops and requested by stakeholders. The pH range is not quoted in the new clear language TDGR per se, but the OECD guidelines for corrosivity does recognize the pH range from pH<2.0 and pH>11.5 as being corrosive. Rather than requiring stakeholders to acquire a copy of the OECD guidelines the pH parameters are set out in this section as they were in the former TDGR version.

It should be noted that there is a slight variation in the upper range of the pH scale. Since the pH scale is logarithmic a difference of 1 represents a 10 fold difference in concentration. There was a need to remain consistent with historical corrosive criteria and there was no scientific justification at this time to become more stringent when characterizing the corrosive nature of a waste or recyclable material by using the pH.

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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Date modified:: 2013-06-14

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Part 3

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This historical page is being kept for research or referencepurposes and will not be updated.

This historical page is being kept for research or referencepurposes and will not be updated.

Part 3

Page details

This historical page is being kept for research or reference
purposes and will not be updated.

This historical page is being kept for research or reference
purposes and will not be updated.