Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

CPR Section 11 - [Exemptions, MSDS]; Concentration of Ingredients, Range of

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Range of Concentration of Ingredients

Interpretation / Discussion of Section 11

Subsection 11(1):

Subsection 11(1) requires that the percent concentration of components within a mixture be expressed in one of three ways only: weight/weight, volume/volume or weight/volume. Mole percent was not referenced in this section because it had never been proposed. Mole percent is viewed as an acceptable method of expressing concentration and it has been proposed that this section be modified when the CPR is next amended, {ref.: PIS No. 53}.

Subsection 11(2):

Subsection 11(2) allows the disclosure of a range of concentration in lieu of the actual concentration of the ingredient for the purposes of disclosure on the MSDS where the ingredient is not always present in the same concentration in the controlled product. Although this section limits the use of a range of concentration to those situations where the ingredient "is not always present in the same concentration in the controlled product", because, in the course of production, the exact concentration of an ingredient will vary, (even if only to a minute degree), a range of concentration may always be disclosed in place of an "exact" concentration.

Subsection 11(3):

The use of "may contain" with respect to ingredient disclosure is not acceptable. The disclosure of ranges other than ranges specified in CPR 11(3) in respect of ingredients that are not subject to disclosure is outside of the scope of the HPA; e.g., (i) ingredients that do not fall within the criteria set out in paragraph 13(a) of the HPA or (ii) ingredient(s) that would be subject to disclosure but are present below the cut-off(s) established in section 4 of the CPR, {ref.: PIS No. 36}.

Where the concentration of ingredients in a series of controlled products covered by the same MSDS varies from batch to batch by more than any one of the ranges specified in subsection 11(3) of the CPR because of changes in raw materials or the location of withdrawal of the product from a process stream, and the hazard information for that series of products is otherwise the same, as an administrative policy, it was agreed that the supplier may disclose more than one range on the MSDS provided the reason for such disclosure is also disclosed on the MSDS, {ref.: PIS No. 36}. To prevent abuse of this administrative allowance, this policy does not enable a supplier to combine the specified ranges into a single expanded range exceeding any of the ranges specified in paragraphs 11(3)(a) through (k). For example, the MSDS could disclose that a product contains "5 to 10, 10 to 30 or 30 to 60% of ingredient X"; the supplier may not combine these three ranges and disclose that the product contains "5 to 50% of ingredient X".

Subsection 11(4):

By virtue of this subsection, the disclosure of a concentration range that falls within a range specified in paragraphs 11(3)(a) through (k) may be disclosed on the MSDS.

Subsection 11(5):

The MSDS must specify the type of ratio being disclosed in respect of the concentration; a suitable abbreviation is acceptable, i.e., w/w, v/v, w/v.

Compressed Gas Mixtures - information disclosure:
To address the nature of specific types of compressed gas mixtures, the following policies, {ref.: PISs no. 44-47}, were adopted in relation to each of the mixtures listed:

1.  Inert gas mixture
   
   For inert gas (i.e. helium, nitrogen, neon, argon, krypton and xenon) mixtures containing two or more inert gases in any concentration, it is acceptable that:
   1. "Inert Gas Mixture" be used as the product identifier,
   2. the label bear all required hazard information,
   3. the actual concentrations of the inert gas ingredients be disclosed on the label on a voluntary basis, and
   4. a single MSDS be used for this group of products which lists all possible ingredients. The hazard information would be the same for all products in the group; {ref.: PIS No. 44}.
      
      
2. Carbon dioxide/inert gas mixture
   
   For mixtures of carbon dioxide and one or more inert gases, it is acceptable that:
   1. the products be identified on the label as a "Carbon Dioxide/Inert Gas Mixture",
   2. the label bear all required hazard information,
   3. the actual concentration of carbon dioxide be disclosed on the label and, on a voluntary basis, the actual concentration of inert gas(es) be disclosed on the label, and
   4. the MSDS list carbon dioxide and all inert gases as possible constituents. The hazard information would be the same in all cases; {ref.: PIS No. 45}
   
   
3. Oxygen/inert gas mixture
   
   For mixtures of oxygen and one or more inert gases it is acceptable that:
   
   (a) Mixtures containing less than 21% oxygen and varying proportions of one or more of the inert gases
   
   
   1. bear a label identifying the product as a gas mixture containing less than 21% oxygen, as well as required hazard information and actual concentration of oxygen. The actual concentration(s) of the inert gas(es) should be disclosed on a voluntary basis.¹
   2. the MSDS would list oxygen and all the inert gases as possible constituents. The hazard information would be the same in all cases.
   
   (b) Mixtures containing 21% or more of oxygen and varying proportions of one or more inert gases,
   
   
   1. bear a label identifying the product as a mixture of more than 21% oxygen, as well as required hazard information and actual concentration of oxygen. The actual concentration(s) of the inert gas(es) should be disclosed on a voluntary basis.
      
      
   2. the MSDS would list oxygen and all the inert gases as possible constituents. The hazard information would be the same in all cases; {ref.: PIS No. 46}
   
   
   
4. Flammable/inert gas mixture
   
   For flammable gas/inert gas mixtures, which do not contain toxic or corrosive ingredients, it is acceptable that:
   
   (a) Where a single flammable gas is found in a concentration less than the LFL (lower flammable limit) for that gas in air,
   
   
   1. the product bear a label identifying the product as a non-flammable gas mixture as well as disclosing the required hazard information and actual concentration of the flammable gas. The concentration(s) of the inert gas(es) should be disclosed on a voluntary basis.
      
      
   2. the MSDS would list all potential constituent gases. The hazard information would be the same in all cases
   
   (b) Where the flammable component is found in a concentration greater than the LFL for the gas in air, or where two or more flammable gases are found in a mixture below their respective LFLs but the cumulative effect of all gases makes the mixture flammable, the product
   
   
   1. would bear a label identifying it as a flammable gas mixture, as well as required hazard information and actual concentration(s) of the flammable gas(es). The concentration(s) of the inert gas(es) should be disclosed on a voluntary basis.
      
      
   2. The MSDS would list all the potential constituent gases. The hazard information would be the same in all cases; {ref.: PIS No. 47}.

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