WHMIS Class D - Division 2: Materials Causing Other Toxic Effects, Subdivision A: Very Toxic Material

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WHMIS - Class D - Division 2: Materials Causing Other Toxic Effects, Subdivision A (Sections 52-58)

The legal text of the regulations in sections 52-58 follows below:


CPR: Section 52: Pure Substances and Tested Mixtures - Chronic Toxic Effects

A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if, in an animal assay for chronic toxic effects, it elicits a response of sufficient severity to threaten life or cause serious permanent impairment in a statistically significant proportion of the test population at


  • (a) a dose not exceeding 10 milligrams per kilogram of body weight of the animal per day when tested in accordance with


    • (i) OECD Test Guideline No. 408, “Subchronic Oral Toxicity — Rodent: 90-day”, dated May 12, 1981,


    • (ii) OECD Test Guideline No. 409, “Subchronic Oral Toxicity — Non-Rodent: 90-day”, dated May 12, 1981, or


    • (iii) the oral route test in OECD Test Guideline No. 452, “Chronic Toxicity Studies”, dated May 12, 1981;


  • (b) a dose not exceeding 20 milligrams per kilogram of body weight of the animal per day when tested in accordance with


    • (i) OECD Test Guideline No. 411, “Subchronic Dermal Toxicity: 90-day”, dated May 12, 1981, or


    • (ii) the dermal route test in OECD Test Guideline No. 452, “Chronic Toxicity Studies”, dated May 12, 1981; or


  • (c) a concentration not exceeding 25 parts per million by volume of gas or vapour, or not exceeding 10 micrograms per litre or 10 milligrams per cubic metre of dust, mist or fume when tested in accordance with


    • (i) OECD Test Guideline No. 413, “Subchronic Inhalation Toxicity: 90-day”, dated May 12, 1981, or


    • (ii) the inhalation route test in OECD Test Guideline No. 452, “Chronic Toxicity Studies”, dated May 12, 1981.


CPR: Section 53, Subsection 1: Teratogenicity and Embryotoxicity

A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if, in an animal assay for teratogenicity and embryotoxicity, it is shown to cause injury to the embryo or fetus in a statistically significant proportion of the test population at a concentration that has no adverse effect on the pregnant female when tested in accordance with


  • (a) OECD Test Guideline No. 414, “Teratogenicity”, dated May 12, 1981;


  • (b) OECD Test Guideline No. 415, “One-Generation Reproduction Toxicity”, dated May 26, 1983; or


  • (c) OECD Test Guideline No. 416, “Two-Generation Reproduction Toxicity”, dated May 26, 1983.


CPR: Section 53, Subsection 2: Teratogenicity and Embryotoxicity

In this section, "injury" includes death, malformation, permanent metabolic or physiological disfunction, growth retardation or psychological or behavioural alteration that occurs during pregnancy, at birth or in the postnatal period.


CPR: Section 54: Carcinogenicity

A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if it is listed in


  • (a) section Ala, Alb or A2 of Appendix A of the Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, published by the ACGIH, as amended from time to time; or


  • (b) Group 1 or Group 2 in the IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Humans, published by the World Health Organization, as amended from time to time.


CPR: Section 55: Reproductive Toxicity

A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if


  • (a) there is evidence that shows that it causes sterility or an adverse effect on reproductive capability in persons following exposure to it in the work place; or


  • (b) sterility or an adverse effect on reproductive capability is shown in an animal assay for reproductive toxicity carried out in accordance with


    • (i) OECD Test Guideline No. 415, “One-Generation Reproduction Toxicity”, dated May 26, 1983, or


    • (ii) OECD Test Guideline No. 416, “Two-Generation Reproduction Toxicity”, dated May 26, 1983.


CPR: Section 56: Respiratory Tract Sensitization

A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if there is evidence that shows that it causes respiratory tract sensitization in persons following exposure to it in the work place.


CPR: Section 57, Subsection 1: Mutagenicity

A pure substance or tested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if


  • (a) there is epidemiological evidence that shows a causal connection between exposure of persons to the substance or mixture and heritable genetic effects; or


  • (b) there is evidence of mutagenicity in mammalian germ cells in vivo as shown by


    • (i) positive results in a study that measures mutations transmitted to offspring, or


    • (ii) positive results in an in vivo study showing chemical interaction with the genetic materials of mammalian germ cells and positive results in an in vivo study assessing either gene mutation or chromosomal aberration in somatic cells.


CPR: Section 57, Subsection 2: Mutagenicity

The evidence referred to in paragraph (1)(b) shall be obtained


  • (a) in accordance with test methods described in the “Introduction to the OECD Guidelines on Genetic Toxicology Testing and Guidance on the Selection and Application of Assays”, dated March 1, 1987, published in the Third Addendum to the OECD Guidelines for Testing of Chemicals; and


  • (b) using testing strategies described in the Guidelines on the Use of Mutagenicity Tests in the Toxicological Evaluation of Chemicals, dated 1986, published under the authority of the Minister of National Health and Welfare and the Minister of the Environment.


CPR: Section 58: Untested Mixtures

An untested mixture falls into Subdivision A of Division 2 of Class D — Poisonous and Infectious Material if it contains a product, material or substance that meets the criteria applicable to a pure substance or tested mixture referred to in


  • (a) any of sections 53 to 57, if the product, material or substance is present at a concentration of 0.1 per cent or more; or


  • (b) section 52, if the product, material or substance is present at a concentration of one per cent or more.


WHMIS MSDS Reference Manual - Sections 52-58

Health Canada's WHMIS MSDS reference manual for sections 52-58 is available at: WHMIS Requirements of the HPA and CPR, CPR Sections 52-58. One of the important points they note is as follows:


"Materials falling within the criteria of Section 52 of the CPR (Class D2A - chronic toxic effects) do not need to be also classified under Section 59, (Class D2B - chronic toxic effects). The difference between inclusion in those two WHMIS classes relates to the dose in relation to the observation of a specified adverse effect. As such, if a chemical falls within the criteria specified in CPR 52 and thereby considered “very toxic”, no additional information would be provided by also including the substance in D2B. Please refer to the discussion of Section 43 of the CPR for more information on this issue."


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