 | - Course
# 10
Transportation of Dangerous Goods (TDG) Clear language
Duration
8 hours Fee$
195.00
|
Both
federal and provincial regulations require that any person involved in the handling,
offering for transport or transporting of dangerous goods must be trained and
certified by his/her employer. This one-day course provides the driver with the
material and information necessary to Transport Dangerous Goods (TDG) The
comprehensive TDG Program is included with the course fee. Developped to set standards
to address due diligence, this program is applicable throughout Canada.
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Transportation
of Dangerous Goods RegulationsClear Language · Part 1 · Part
2 · Part 3 · Part 4 · Part 5 · Part 6 · Part
7 · Part 8 · Part 9 · Part 10 · Part 11 · Part
12 · Part 13 · Part 14 · Part 15 · Part 16 ·
Schedule 1 · Schedule 2 · Schedule 3 · Established by:
PART 1 COMING INTO FORCE, REPEAL, INTERPRETATION, GENERAL PROVISIONS
AND SPECIAL CASES TABLE OF CONTENTS SECTION
Coming into Force
1.1
Repeal 1.2
Interpretation 1.3
Definitions
1.4
General Provisions Forbidden Dangerous Goods and Special Provisions
1.5
Quantity Limits in Columns 8 and 9 of Schedule 1 1.6
Safety
Requirements, Documents, Safety Marks 1.7
Prohibition: Explosives 1.8
Use
of the Most Recent Version of the ICAO Technical Instructions, the IMDG Code or
49 CFR 1.9
Use of Classification in the ICAO Technical Instructions, the
IMDG Code or the UN Recommendations 1.10
Use of 49 CFR for Non-regulated
Dangerous Goods 1.11
Evidence: Safety Marks, Prescribed Documents 1.12
Defence:
Due Diligence 1.13
Missing 1.14
Special CasesExemption for Personal
Use 1.15
500 kg Exemption 1.16
Limited Quantities 1.17
Medical
Device or Article 1.18
Samples 1.19
National Defence 1.20
Agriculture:
1 500 kg Farm Vehicle Exemption 1.21
Agriculture: 3 000 kg Retail Exemption
1.22
Agriculture: Pesticide Exemption 1.23
Agriculture: Anhydrous
Ammonia Exemption 1.24
Transportation within a Facility 1.25
Emergency
Response 1.26
Operation of a Means of Transport 1.27
Transportation
between Two Properties 1.28
Dangerous Goods in an Instrument or in Equipment
1.29
Marine 1.30
Class 1, Explosives 1.31 Class 2,
Gases 1.32 Class 3, Flammable Liquids: General Exemption 1.33 Class
3, Flammable Liquids: Flash Point Between 60.5°C and 93°C 1.34 Class
3, Flammable Liquids: UN1202, DIESEL FUEL, or UN1203, GASOLINE Exemption 1.35 Class
3, Flammable Liquids: Alcoholic Beverage Exemption 1.36 Class 3,
Flammable Liquids: Alcohol Exemption 1.37 Class 3, Flammable Liquids:
Polyester Resin Kit..Exemption
1.38 Class 6.2, Infectious Substances: Risk Group 2 Exemption 1.39 Class
6.2, Infectious Substances: Risk Group 3 Exemption 1.40
Biological
Products 1.41
Substances Believed Not to Contain Infectious Substances
1.42
Class 7, Radioactive Materials 1.43
Residue of Dangerous
Goods in a Drum 1.44
Fumigation of Means of Containment 1.45
Miscellaneous
Special Cases 1.46
Security on Board a Means of Transport 1.47 COMING
INTO FORCE, REPEAL, INTERPRETATION, GENERAL PROVISIONS AND
SPECIAL CASES
1.1 Coming into
ForceThese Regulations come into force 12 months after the day
on which they are published in Part II of the Canada Gazette.
1.2
Repeal On the day these Regulations come into force,
the "Transportation of Dangerous Goods Regulations", as made by Order
in Council P.C. 1985-147 dated January 17, 1985 and registered as SOR/85-77, are
repealed.
1.3 Interpretation (1)
Anything written in italics in these Regulations is not part of the Regulations. (2)
In these Regulations, (a) "must"
is imperative and "may" is permissive; (b)
the words "on", "in" or "by" are synonymous when
they are associated with the defined term "road vehicle" or "railway
vehicle"; (c) pressure expressed in
kPa is gauge pressure unless designated as absolute pressure, except for vapour
pressure, which is always absolute pressure; (d)
shipping names listed in Schedule 1 may be (i) written in the singular
or plural, (ii) written in upper or lower case letters, except that
when the shipping name is followed by the descriptive text associated with the
shipping name the descriptive text must be in lower case letters and the shipping
name must be in upper case letters (capitals), and (iii) in English
only, put in a different word order as long as the full shipping name is used
and the word order is a commonly used one;For example, "AMMONIA, ANHYDROUS"
may be written "ANHYDROUS AMMONIA" and "SULPHUR, MOLTEN" may
be written "MOLTEN SULPHUR".
(e)
Symbol | Unit
of Measure | Bq | becquerel | °C | degree
Celsius | ft3 | cubic
feet | g | gram | h | hour | Hz | hertz | J
| joule | J/g | joules
per gram | kg | kilogram | kBq/kg | kilobecquerels
per kilogram | km
| kilometre | km/h | kilometres
per hour | kPa | kilopascal | L |
litre | L/kg | litres
per kilogram | LC | lethal
concentration | LD | lethal
dose | m
| metre | m3 | cubic
metre | mg
| milligram | mg/kg | milligrams
per kilogram | mg/L | milligrams
per litre | mL | millilitre | mL/m3 | millilitres
per cubic metre | mm | millimetre | mph
| miles
per hour | MPa
|
megapascal | mSv/h
| millisieverts
per hour | psig | pounds
per square inch, gauge | µSv/h | microsieverts
per hour | µm
| micrometre | | | |
and (f)
a document set out in column 2 of the following table is a safety standard or
a safety requirement that is cited in these Regulations by its corresponding short
form set out in column 1:The corresponding item number in the French-language
table is shown in parentheses under the English-language item number.
Table Item | Column
1 Short Form | Column 2 Safety
Standard or Safety Requirement | 1(22) | ASTM
Corrosion Test | ASTM
G 31-72, "Standard Practice for Laboratory Immersion Corrosion Testing of
Metals", May 30, 1972, as reapproved in 1995, published by the American Society
for Testing and Materials (ASTM) | 2(1) | ASTM
D 1200 | ASTM
D 1200-94, "Standard Test Method for Viscosity by Ford Viscosity Cup",
August 15, 1994, published by the American Society for Testing and Materials (ASTM) | 4(3) | ASTM
F 852 | ASTM
F 852-86, "Standard Specification for Portable Gasoline Containers for Consumer
Use", June 1986, published by the American Society for Testing and Materials
(ASTM) | 5(4
) | 49
CFR | Parts
171 to 180 of Title 49 of the "Code of Federal Regulations" of the United
States, 2000, but not including Subpart B of Part 107 when it is referenced in
Parts 171 to 180 | 6(5) | CGA
P-20 | "Standard
for Classification of Toxic Gas Mixtures", Second Edition, 1995, published
by the Compressed Gas Association, Inc. (CGA) | 7(6) | CGSB-32.301 | National
Standard of Canada CAN/CGSB-32.301-M87, "Canola Meal", April 1987, published
by the Canadian General Standards Board (CGSB) | 8(7
) | CGSB-43.123 | National
Standard of Canada CAN/CGSB-43.123-M86, "Containers, Metal, Aerosol (TC-2P,
TC-2Q)", April 1986, published by the Canadian General Standards Board (CGSB) | 9(8) | CGSB-43.125 | National
Standard of Canada CAN/CGSB-43.125-99, "Packaging of Infectious Substances,
Diagnostic Specimens, Biological Products and Biomedical Waste for Transport",
May 1999, published by the Canadian General Standards Board (CGSB) | 10(9) | CGSB-43.126 | National
Standard of Canada CAN/CGSB-43.126-98, "Remanufacturing and Reconditioning
of Drums Used for the Transportation of Dangerous Goods", December 1998,
published by the Canadian General Standards Board (CGSB) | 11(10) | CGSB-43.146 | National
Standard of Canada CAN/CGSB-43.146-2002, "Design, Manufacture and Use of
Intermediate Bulk Containers for the Transportation of Dangerous Goods",
January 2002, published by the Canadian General Standards Board (CGSB) | 12(11) | CGSB-43.147 | National
Standard of Canada CAN/CGSB-43.147-2002, "Construction, Modification, Qualification,
Maintenance, and Selection and Use of Means of Containment for the Handling, Offering
for Transport or Transportation of Dangerous Goods by Rail", March 2000,
published by the Canadian General Standards Board (CGSB) | 13(12) | CGSB-43.150 | National
Standard of Canada CAN/CGSB-43.150-97, "Performance Packagings for Transportation
of Dangerous Goods", December 1997, published by the Canadian General Standards
Board (CGSB) | 14(13) | CGSB-43.151
|
National Standard of Canada CAN/CGSB-43.151-97, "Packing of Explosives (Class
1), for Transportation", December 1997, published by the Canadian General
Standards Board (CGSB) | 15(16) | CSA
B339 |
National Standard of Canada CAN/CSA B339-02, "Cylinders, Spheres and Tubes
for the Transportation of Dangerous Goods", October 2002, as amended in November
2003, published by the Canadian Standards Association (CSA) | 16(17
) | CSA
B340 |
National Standard of Canada CAN/CSA B340-02, "Selection and Use of Cylinders,
Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods,
Class 2", October 2002, as amended in January 2004 and February 2005, published
by the Canadian Standards Association (CSA) | 17(18) | CSA
B616 |
CSA Preliminary Standard B616-M1989, "Rigid Polyethylene Intermediate Bulk
Containers for the Transportation of Dangerous Goods", May 1989, published
by the Canadian Standard Association (CSA) | 18(19) | CSA
B620 |
CSA Standard B620-03, "Highway Tanks and Portable Tanks for the Transportation
of Dangerous Goods", July 2003, published by the Canadian Standards Association
(CSA) | 19(20)
| CSA
B621 | National
Standard of Canada CAN/CSA B621-03, "Selection and Use of Highway Tanks,
Portable Tanks, Cargo Compartments, and Containers for the Transportation of Dangerous
Goods, Classes 3, 4, 5, 6.1, 8, and 9", July 2003, as amended in May 2004,
published by the Canadian Standards Association (CSA) | 20(21)
| CSA
B622 | National
Standard of Canada CAN/CSA B622-03, "Selection and Use of Highway Tanks,
Multi-unit Tank Car Tanks, and Portable Tanks for the Transportation of Dangerous
Goods, Class 2", July 2003, published by the Canadian Standards Association
(CSA) and approved as a National Standard of Canada in September 2004 | 21(31) | EPA
Method 1311 | "Method
1311, Toxicity Characteristic Leaching Procedure", July 1992, in "Test
Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical
Methods", Third Edition, SW-846, November 1986, published by the United States
Environmental Protection Agency (EPA) | 22(23)
| ICAO
Technical Instructions | "Technical
Instructions for the Safe Transport of Dangerous Goods by Air", 2003-2004
Edition, published by the International Civil Aviation Organization (ICAO) | 23(14)
| IMDG
Code, 29th Amendment | Volumes
I of the "International Maritime Dangerous Goods Code", 1994 Consolidated
Edition, as amended in 1998 by Amendment No. 29, published by the International
Maritime Organization (IMO) | 24
(15) | IMDG
Code |
Volumes 1 and 2 of the "International Maritime Dangerous Goods Code",
2002 Edition, including Amendment 31-02, published by the International Maritime
Organization (IMO) | 25(24) | ISO
2431 |
International Standard ISO 2431, "Paints and varnishes - Determination of
flow time by use of flow cups", Fourth Edition, February 15, 1993, including
Technical Corrigendum 1, 1994, published by the International Organization for
Standardization (ISO) | 26(25) | ISO
2592 |
International Standard ISO 2592, "Petroleum Products - Determination of flash
and fire points - Cleveland open cup method", First Edition, December 15,
1973, published by the International Organization for Standardization (ISO) | 27(26) | ISO
9328-2 |
International Standard ISO 9328-2, "Steel plates and strips for pressure
purposes - Technical delivery conditions - Part 2: Unalloyed and low-alloyed steels
with specified room temperature and elevated temperature properties", First
Edition, December 1, 1991, published by the International Organization for Standardization
(ISO) | 28(27) | ISO
10156 |
International Standard ISO 10156, "Gases and gas mixtures - Determination
of fire potential and oxidizing ability for the selection of cylinder valve outlets",
Second Edition, February 15, 1996, published by the International Organization
for Standardization (ISO) | 29(28) | ISO
10298 |
International Standard ISO 10298, "Determination of toxicity of a gas or
gas mixture", First Edition, December 15, 1995, published by the International
Organization for Standardization (ISO) | 30(30) | Manual
of Tests and Criteria |
"Recommendations on the Transport of Dangerous Goods: Manual of Tests and
Criteria", Second Revised Edition, 1995, published by the United Nations
(UN) | 31(32) | MIL-D-23119G |
MIL-D-23119G, "Military Specification: Drums, Fabric, Collapsible, Liquid
Fuel, Cylindrical, 500-Gallon Capacity", July 15, 1992, published by the
United States Department of Defense | 32(33) | MIL-T-52983G |
MIL-T-52983G, "Military Specification: Tanks, Fabric, Collapsible: 3,000,
10,000, 20,000 and 50,000 Gallon, Fuel", May 11, 1994, published by the United
States Department of Defense | 33(29) | OECD
Guidelines |
OECD Guidelines for Testing of Chemicals No. 404, "Acute Dermal Irritation/Corrosion",
July 17, 1992, published by the Organization for Economic Co-operation and Development
(OECD) | 34(35)
| Supplement
to the ICAO Technical Instructions |
Supplement to the "Technical Instructions for the Safe Transport of Dangerous
Goods by Air", 2003-2004 Edition, published by the International Civil Aviation
Organization (ICAO) | 35(34) | UN
Recommendations |
"Recommendations on the Transport of Dangerous Goods", Eleventh Revised
Edition, 1999, published by the United Nations (UN) | | | | |
1.4 Definitions In
the following definitions, words that are also defined or that are variations
of words that are defined are underlined. The meanings of the variations should
be drawn from the defined terms. The meanings of other words that are not defined
can be found in a dictionary or a scientific or technical handbook, journal or
text or a similar publication.
The definitions in this section,which
include the definitions from the Act, apply in these Regulations.
"accidental release" (from the Act)" rejet accidentel ""accidental
release" (from the Act) means, in relation to dangerous goods, an
unplanned or accidental (a) discharge, emission, explosion, outgassing
or other escape of dangerous goods, or any component or compound evolving from
dangerous goods; or (b) emission of ionizing radiation that exceeds
a level established under the "Nuclear Safety and Control Act".
"Act"" Loi ""Act"means the "Transportation
of Dangerous Goods Act, 1992".
"aerosol container""
bombe aérosol ""aerosol container" means any non-refillable
means of containment that (a) contains a substance under pressure; and (b)
is fitted with a self-closing device allowing the contents to be ejected (i)
as solid or liquid particles in suspension in a gas, (ii)
as a foam, paste or powder, or (iii) as a liquid
or a gas.
"aircraft"" aéronef ""aircraft"means
any machine capable of deriving support in the atmosphere from reactions of
the air, other than a machine designed to derive support in the atmosphere from
reactions against the earth's surface of air expelled from the machine, and includes
a rocket.
"biological product"" produit biologique ""biological
product" means a product that is derived from living organisms and
that is used to prevent, treat or diagnose disease in human beings or animals
or for development, experiment or investigation purposes.
"CANUTEC""
CANUTEC ""CANUTEC" means the Canadian Transport Emergency
Centre of the Department of Transport.
"cargo aircraft""
aéronef cargo""cargo aircraft" means an aircraft,
other than a passenger carrying aircraft, that is carrying goods or property.
"carrier"" transporteur ""carrier" means
a person who, whether or not for hire or reward, has possession of dangerous goods
while they are in transport.
"certification safety mark""
indication de danger - conformité ""certification safety mark" means
a design, symbol, device, letter, word, number or abbreviation that is displayed
on a means of containment or means of transport to indicate compliance with a
safety standard.
"49 CFR"" 49 CFR ""49 CFR" means
Parts 171 to 180 of Title 49 of the "Code of Federal Regulations" of
the United States, 2000, but does not include Subpart B of Part 107 when it is
referenced in Parts 171 to 180.
"class"" classe ""class" means,
when the word "class" is followed by (a) one digit, the class
of dangerous goods listed in the schedule to the Act; and (b) two digits
separated by a point, the class of dangerous goods listed in the schedule to the
Act and its division. For example, Class 6.1 is division 1 of Class 6. Not
all classes have divisions.
"classification"" classification
""classification" means, for dangerous goods, as applicable,
the shipping name, the primary class, the compatibility group, the subsidiary
class, the UN number, the packing group and the risk group.
"compatibility
group"" groupe de compatibilité ""compatibility group" means
one of the 13 groups of explosives described in Appendix 2 of Part 2, Classification.
The compatibility group for each explosive listed in Schedule 1 is shown in column
3 of that Schedule beside the primary class of that explosive.
"consignment""
envoi ""consignment" means a quantity of dangerous goods
in transport and the means of containment required for transport. Reference to
means of containment required for transport is intended to clarify, for example,
that when dangerous goods are in a portable tank required or permitted by Part
5, Means of Containment, and the portable tank is being transported in an ISO
container or in a rail box car, the consignment consists of the dangerous goods
and the portable tank only and not the ISO container or the rail box car.
"consignor"" expéditeur ""consignor" means
a person in Canada who (a) is named in a shipping document as the consignor; (b)
imports or who will import dangerous goods into Canada; or (c) if paragraphs
(a) and (b) do not apply,
has possession of dangerous goods immediately before they are in transport. A
person may be both a consignor and a carrier of the same consignment, for
example,a manufacturer who also transports the dangerous goods he or she produces.
"cylinder"" bouteille à gaz ""cylinder" means
a small means of containment, other than an aerosol container, that is cylindrical
or spherical in shape and that is capable of withstanding an internal absolute
pressure of 275 kPa.
"dangerous goods (from the Act)""
marchandises dangereuses ""dangerous goods (from the Act)" means
a product, substance or organism included by its nature or by the regulations
in any of the classes listed in the schedule to the Act.
Schedule
to the Act Class 1 Explosives, including explosives within
the meaning of the "Explosives Act" Class 2 Gases: compressed,
deeply refrigerated, liquefied or dissolved under pressure Class 3 Flammable
and combustible liquids Class 4 Flammable solids; substances liable
to spontaneous combustion; substances that on contact with water emit flammable
gases Class 5 Oxidizing substances; organic peroxides Class
6 Poisonous (toxic) and infectious substances Class 7 Nuclear
substances, within the meaning of the "Nuclear Safety and Control Act",
that are radioactive Class 8 Corrosives Class 9 Miscellaneous
products, substances or organisms considered by the Governor in Council to be
dangerous to life, health, property or the environment when handled, offered
for transport or transported and prescribed to be included in this class
In
these Regulations the words "Class 7, Radioactive Materials" are used
rather than the words that are used in the schedule to the Act, "Class 7,
Nuclear Substances within the meaning of the Nuclear Safety and Control Act, that
are radioactive" so that the Regulations are more easily read in conjunction
with international documents incorporated by reference in them.
"dangerous
goods safety mark"" indication de danger - marchandises dangereuses
""dangerous goods safety mark" means a label, placard, orange
panel, sign, mark, letter, word, number or abbreviation that is used to identify
dangerous goods and to show the nature of the danger posed by them.
"diagnostic specimen"" spécimen de diagnostic ""diagnostic
specimen" means human or animal material, including excreta, secreta,
blood and its components, tissue and tissue fluids, that is offered for transport
or transported for the purpose of diagnosis, analysis or testing.
"Director
General"" directeur général ""Director General" means
the Director General of the Transport Dangerous Goods Directorate, Department
of Transport.
"dust"" poussière ""dust" means
a mixture of solid particles and air in which 90 per cent or more of the solid
particles have a diameter less than or equal to 10 µm. The concentration
of these suspended particles in air is measured as milligrams of solid particles
per litre of air (mg/L) .
"emergency"" urgence ""emergency" means
an immediate danger to public safety (a) requiring the use of dangerous
goods to avert or mitigate the danger; or (b) arising directly or indirectly
from dangerous goods. (c) "emergency response assistance plan
or ERAP or ERP"" plan d'intervention d'urgence ou PIU ""emergency
response assistance plan or ERAP or ERP"means a plan that outlines what is
to be done if there is an accident involving certain dangerous goods and that
is in accordance with Part 7, Emergency Response Assistance Plan.
"employer""
employeur ""employer" means a person who (a) employs
one or more individuals; or (b) provides the services of one or more
individuals and from whom the individuals receive their remuneration.
"fire point"" point d'inflammation ""fire point" means
the lowest temperature at which a substance will ignite and will continue to burn
for at least 5 seconds.
"flash point"" point d'éclair
""flash point" means the lowest temperature at which the
application of an ignition source causes the vapours of a liquid to ignite near
the surface of the liquid or within a test vessel. The flash point is determined
using the closed-cup test method referred to in Chapter 2.3 of the UN Recommendations.
See paragraph 2.18(1) (a) of Part 2, Classification.
"gas""
gaz ""gas" means 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 (a) compressed (other than in solution) so
that when it is packaged under pressure for transport it remains entirely gaseous
at 20(C; (b) liquefied so that when it is packaged for transport it
is partially liquid at 20(C; (c) refrigerated so that when it is packaged
for transport it is made partially liquid because of its low temperature;
or (d) in solution so that when it is packaged for transport it is dissolved
in a solvent.
"genetically modified micro-organism""
micro-organisme génétiquement modifié ""genetically
modified micro-organism" means a micro-organism in which genetic material
has been purposely altered through genetic engineering in a way that does not
occur naturally.
"gross mass"" masse brute ""gross
mass" means the mass of the dangerous goods and the mass of the means
of containment required for transport. Reference to means of containment required
for transport is intended to clarify, for example, that, when dangerous goods
are in a portable tank required or permitted by Part 5, Means of Containment,
and the portable tank is being transported in an ISO container or in a rail box
car, the consignment consists of the dangerous goods and the portable tank only
and not the ISO container or the rail box car.
"handling (from
the Act)"" manutention ""handling (from the Act)" means
loading, unloading, packing or unpacking dangerous goods in a means of containment
for the purposes of, in the course of or following transportation and includes
storing them in the course of transportation.
"ICAO Technical
Instructions"" Instructions techniques de l'OACI ""ICAO Technical
Instructions" means the "Technical Instructions for the Safe
Transport of Dangerous Goods by Air", 2003-2004 Edition, published by the
International Civil Aviation Organization.
"IMDG Code""
Code IMDG ""IMDG Code" means Volumes 1 and 2 of the "International
Maritime Dangerous Goods Code", 2002 Edition, including Amendment 31-02,
published by the International Maritime Organization (IMO).
"IMDG
Code, 29th Amendment"" Code IMDG, Amendement nº 29 ""IMDG
Code, 29th Amendment" means Volume 1 the "International Maritime
Dangerous Goods Code", 1994 Consolidated Edition, as amended in 1998 by Amendment
No. 29, published by the International Maritime Organization (IMO) .
"imminent
accidental release"" rejet accidentel imminent ""imminent
accidental release" means, for dangerous goods in transport in a large
means of containment, that there has been an incident and (a) there
is likely a need to remove or transfer all or a portion of the dangerous goods
to another large means of containment; (b) there is damage to the means
of containment which, if not corrected, could result in an accidental release
of the dangerous goods in a quantity or emission level that exceeds those set
out in the table to subsection 8.1(1) of Part 8, Accidental Release and Imminent
Accidental Release Report Requirements; or (c) the large means of containment
is lost in navigable waters.
"import (from the Act)""
importer ""import (from the Act)" means import into Canada,
and includes transporting goods that originate from outside Canada and pass through
Canada to a destination outside Canada, except when the goods are being transported
on a ship or aircraft not registered in Canada.
"infectious substance""
matière infectieuse ""infectious substance" means
a substance known or reasonably expected to contain viable micro-organisms that
are known or reasonably expected to cause disease in human beings or animals,
and that (a) is included in Risk Group 2, 3 or 4, in Appendix 3 of Part
2, Classification; or (b) meets the criteria in section 2.36 of Part
2, Classification. Examples of micro-organisms are bacteria, viruses, rickettsia,
parasites, fungi or a recombinant, hybrid or mutant of one of these.
"inspector (from the Act)"" inspecteur ""inspector (from
the Act)" means a person designated as an inspector under subsection
10(1) of the Act.
"in standard"" en règle ""in
standard" means that a means of containment meets the requirements
set out in section 5.2 of Part 5, Means of Containment.
"in transport""
en transport ""in transport" means that a person has possession
of dangerous goods for the purposes of transportation or for the purposes of storing
them in the course of transportation.
"large means of containment""
grand contenant ""large means of containment" means a means
of containment that has a water capacity greater than 450 L. 450 L is equivalent
to 0.45 m cubic meters or 15.9 ft.
"LC50""
CL50 ""LC50" means the lowest concentration of gas,
vapour, mist or dust that, when administered by continuous inhalation to both
male and female young adult albino rats for one hour, results in the death within
14 days of one half of the animals. The result is expressed in milligrams per
litre (mg/L) of air for dust and mist, which are suspended particles, and in millilitres
per cubic metre (mL/m cubic meters) of air for gas and vapour.
"LD50
(dermal)"" DL50 (absorption cutanée) ""LD50 (dermal)" means
the lowest amount of a substance that, when administered by continuous contact
with the bare skin of both male and female young adult albino rabbits for 24 hours,
results in the death within 14 days of one half of the animals. The result is
expressed in milligrams per kilogram (mg/kg) of body mass.
"LD50
(oral)"" DL50 (ingestion) ""LD50 (oral)" means
the lowest amount of a substance that, when administered by mouth to both male
and female young adult albino rats, results in the death within 14 days of one
half of the animals. The result is expressed in milligrams per kilogram (mg/kg)
of body mass.
"liquid"" liquide ""liquid" means
a substance that (a) has a melting point less than or equal to 20 degrees
C at an absolute pressure of 101.3 kPa; or (b) is a viscous substance
for which a specific melting point cannot be determined but that is determined
to be a liquid in accordance with ASTM D 4359.
"Manual of Tests
and Criteria"" Manuel d'épreuves et de critères ""Manual
of Tests and Criteria" means the "Recommendations on the Transport
of Dangerous Goods: Manual of Tests and Criteria", Second Revised Edition,
1995, published by the United Nations (UN) .
"means of containment
(from the Act)"" contenant ""means of containment (from the
Act)" means a container or packaging, or any part of a means of transport
that is or may be used to contain goods.
"means of transport (from
the Act)"" moyen de transport ""means of transport (from the
Act)" means a road or railway vehicle, aircraft, ship, pipeline or
any other contrivance that is or may be used to transport persons or goods.
"Minister (from the Act)"" ministre ""Minister (from
the Act)" means the Minister of Transport.
"mist""
brouillard ""mist" means a mixture of liquid particles and
air in which 90 per cent or more of the liquid particles have a diameter not greater
than 10 µm. The concentration of these suspended particles in air is measured
as milligrams of liquid particles per litre of air (mg/L) .
"net
explosives quantity"" quantité nette d'explosifs ""net
explosives quantity" means the net mass of explosives but does not
include the mass of the means of containment.
"offer for transport""
demande de transport ""offer for transport" means, for dangerous
goods not in transport, to select or allow the selection of a carrier to transport
the dangerous goods, to prepare or allow the preparation of the dangerous goods
so that a carrier can take possession of them for transport or to allow a carrier
to take possession of the dangerous goods for transport.
"packing
group"" groupe d'emballage ""packing group" means
a group in which dangerous goods are included based on the inherent danger of
the dangerous goods; Packing Group I indicates great danger, Packing Group II
indicates medium danger and Packing Group III indicates minor danger.
"passenger""
passager ""passenger" means (a) for a ship, a
person defined as a passenger in the "Canada Shipping Act"; and (b)
for a road vehicle, a railway vehicle or an aircraft, a person carried on board
the means of transport but does not include (i)
a crew member, (ii) a person who is accompanying
dangerous goods or other cargo, (iii) an operator,
owner or charterer of the means of transport, (iv)
an employee of the operator, owner or charterer of the means of transport, who
is acting in the course of employment, or (v)
a person carrying out inspection or investigation duties under an Act of Parliament
or of a provincial legislature.
"passenger carrying aircraft""
aéronef de passagers ""passenger carrying aircraft" means
an aircraft that is carrying one or more passengers.
"passenger
carrying railway vehicle"" véhicule ferroviaire de passagers
""passenger carrying railway vehicle" means a railway vehicle
that is carrying one or more passengers.
"passenger carrying road
vehicle"" véhicule routier de passagers ""passenger
carrying road vehicle" means a road vehicle that is carrying one or
more passengers.
"passenger carrying ship"" navire de
passagers ""passenger carrying ship" means a ship that is
carrying (a) for the purposes of the provisions of these Regulations
that refer to dangerous goods other than explosives, (i)
more than 25 passengers, or (ii) more than
one passenger for each 3 m of the length of the ship; and (b) for the
purposes of the provisions of these Regulations that refer to explosives, (i)
more than 12 passengers, and (ii) more than one
passenger for each 3 m of the length of the ship.
"permit for
equivalent level of safety"" permis de niveau de sécurité
équivalent ""permit for equivalent level of safety" means
an authorization issued under section 31 of the Act to conduct an activity in
compliance with the conditions of that authorization instead of with the requirements
of these Regulations.
"person"" personne ""person" includes,
in addition to an individual, a corporation and any other entity carrying on a
business.
"prescribed (from the Act)"" version anglaise
seulement ""prescribed (from the Act)" means prescribed
by regulations of the Governor in Council.
"primary class""
classe primaire ""primary class" means the first class shown
in column 3 of Schedule 1.
"protective direction"" ordre
""protective direction" means a direction issued under section
32 of the Act to cease an activity or to conduct other activities to reduce any
danger to public safety.
"public safety (from the Act)""
sécurité publique ""public safety (from the Act)" means
the safety of human life and health and of property and the environment.
"railway vehicle"" véhicule ferroviaire ""railway
vehicle" means any vehicle that is designed to be drawn or propelled
on rails by any power other than muscle power and that is being prepared for use
or being used on rails.
"risk group"" groupe de risque
""risk group" means a group in which an infectious substance
is included based on its ability to cause a disease, its ability to spread the
disease and the severity of that disease. Risk Group 4 indicates great
danger, Risk Group 3 indicates medium danger and Risk Group
2 indicates minor danger. Substances in Risk Group 1 do not pose
sufficient danger to be regulated.
"road vehicle"" véhicule
routier ""road vehicle" means any vehicle that is designed
to be drawn or propelled on land, including on ice roads, by any power other than
muscle power and includes a machine designed to derive support in the atmosphere
from reactions against the earth's surface of air expelled from the machine, but
does not include a railway vehicle.
"roll-on roll-off ship""
navire roulier ""roll-on roll-off ship"means a ship (a)
with one or more decks that are closed or open, normally not subdivided in any
way and that generally run the entire length of the ship; and (b)
onto or from which persons embark or disembark or goods or vehicles are loaded
or unloaded, normally in a horizontal direction.
"safety mark
(from the Act)"" indication de danger ""safety mark (from
the Act)" includes a design, symbol, device, sign, label, placard,
letter, word, number or abbreviation, or any combination of these things, that
is to be displayed (a) on dangerous goods, on means of containment or
transport used in handling, offering for transport or transporting dangerous goods,
or at facilities used in those activities; and (b) to show the nature
of the danger or to indicate compliance with the safety standards prescribed for
the means of containment or transport or the facilities. See also certification
safety mark and dangerous goods safety mark.
"safety requirements
(from the Act)"" règles de sécurité ""safety
requirements (from the Act)" means requirements for handling, offering
for transport or transporting dangerous goods, for reporting those activities
and for training persons engaged in those activities.
"safety
standards (from the Act)"" normes de sécurité ""safety
standards (from the Act)" means standards regulating the design, construction,
equipping, functioning or performance of means of containment or facilities
used or intended to be used in handling, offering for transport or transporting
dangerous goods.
"ship (from the Act)"" navire ""ship
(from the Act)" includes any description of vessel, boat or craft
designed, used or capable of being used solely or partly for marine navigation,
without regard to method or lack of propulsion.
"shipping document""
document d'expédition ""shipping document" means
a document that relates to dangerous goods that are being handled, offered for
transport or transported and that contains the information required by Part 3,
Documentation, relating to the goods but does not include an electronic record.
"shipping name"" appellation réglementaire ""shipping
name" means an entry in upper case letters (capitals) in column 2
of Schedule 1, but does not include any lower case descriptive text except for
the purpose of determining the classification of dangerous goods.
"shipping
record (from the Act)"" registre d'expédition ""shipping
record (from the Act)" means a record that relates to dangerous goods
being handled, offered for transport or transported and that describes or contains
information relating to the goods, and includes electronic records of information.
"short-run ferry"" bac ""short-run ferry" means
a ship that is operating over the most direct water route between two points not
more than 3 km apart.
"small means of containment""
petit contenant ""small means of containment" means a means
of containment that has a water capacity less than or equal to 450 L. 450 L is
equivalent to 0.45 m cubic meters or 15.9 ft<superscript 3>.
"solid""
solide ""solid" means a substance that is not a liquid or
a gas.
"special provision"" disposition particulière
""special provision" means an item of Schedule 2 referred
to in column 5 of Schedule 1.
"standardized means of containment
(from the Act)"" contenant normalisé ""standardized
means of containment (from the Act)" means a means of containment
in relation to which a safety standard has been prescribed.
"subsidiary
class"" classe subsidiaire ""subsidiary class" means
a class shown in parentheses in column 3 of Schedule 1.
"substance""
matière ""substance" includes an article.
"Supplement to the ICAO Technical Instructions"" Supplément
aux Instructions techniques de l'OACI" "Supplement to the ICAO Technical
Instructions" means the Supplement to the "Technical Instructions
for the Safe Transport of Dangerous Goods by Air", 2003-2004 Edition, published
by the International Civil Aviation Organization (ICAO).
"technical
name"" appellation technique ""technical name" means
the chemical name or another name currently used in a scientific or technical
handbook, journal or text but does not include a trade name.
"train""
indice de transport ""train" means (a) a train
as defined in the "Canadian Rail Operating Rules", published by The
Railway Association of Canada and approved by the Minister under the "Railway
Safety Act" on January 16, 1990, as amended to July 1, 2000; or (b)
a number of railway vehicles coupled together moving at a velocity exceeding 24
km/h (15 mph) with at least one railway vehicle providing propulsion and at least
one railway vehicle containing dangerous goods for which a placard is required
to be displayed in accordance with Part 4, Dangerous Goods Safety Marks. (train)
"transport index"" indice de transport ""transport
index" has the same meaning as determined under the "Packaging
and Transport of Nuclear Substances Regulations".
"tube""
tube ""tube" means a large means of containment that is
cylindrical in shape and that is capable of withstanding an internal absolute
pressure of 12.4 MPa.
"UN number"" numéro UN
""UN number" means an entry in column 1 of Schedule 1.
"UN Recommendations"" Recommandations de l'ONU ""UN Recommendations" means
the "Recommendations on the Transport of Dangerous Goods", Eleventh
Revised Edition, 1999, published by the United Nations (UN) .
"UN
standardized means of containment"" contenant normalisé UN ""UN
standardized means of containment" means a means of containment that
meets the requirements set out in section 5.6 of Part 5, Means of Containment.
"vapour"" vapeur ""vapour" means
the dispersion in air of imperceptible particles of a substance that is liquid
or solid in its normal state. For example, water vapour or benzene vapour.
"water capacity"" capacité en eau ""water capacity" means
the maximum volume of water that a means of containment can hold at 15ºC
and at an absolute pressure of 101.325 kPa.
General
Provisions Subsections 1.5(4) and 1.6(2) refer to a conflict between
provisions. A conflict is not the same as a difference. There is a difference
between two provisions if they are not exactly the same but both can be satisfied
at the same time. There is a conflict between two provisions if it is impossible
for both provisions to be satisfied at the same time.
For example, if
Provision A requires a tank wall to exceed 1 mm in thickness and Provision
B requires the same tank wall to exceed 2 mm in thickness, there is a difference
between the two provisions but there is no conflict because both provisions can
be satisfied at the same time if the tank wall exceeds 2 mm in thickness.
However,
if Provision A prohibits a tank wall from exceeding 1 mm in thickness
and Provision B requires the same tank wall to exceed 2 mm in thickness, there
is a conflict between the two provisions because it is impossible for the tank
wall to be less than or equal to 1 mm in thickness while at the same time exceeding
2 mm in thickness.
1.5 Forbidden Dangerous Goods and Special Provisions
Subsection
(1) states that dangerous goods are forbidden for transport by any means of transport
when the word "Forbidden" is shown in column 3 of Schedule 1 or column
4 of Schedule 3. Normally, dangerous goods forbidden for transport do not have
a UN number and are included only in Schedule 3. However, there are 14 dangerous
goods forbidden for transport that are also included in Schedule 1. They are UN
numbers UN2249, UN2455, UN3097, UN3100, UN3121, UN3127, UN3133, UN3137, UN3255,
UN3315, UN3319, UN3343, UN3344 and UN3357.
Subsection (2) refers to
dangerous goods that are not completely forbidden for transport but are forbidden
for transport by the means of transport indicated in the heading of column 8 or
9.
(1) If the word "Forbidden" is shown for dangerous
goods in column 3 of Schedule 1 or column 4 of Schedule 3, a person must not handle,
offer for transport or transport the dangerous goods. (2) If the word
"Forbidden" is shown for dangerous goods in column 8 or 9 of Schedule
1, a person must not handle, offer for transport or transport the dangerous goods
by the means of transport set out in the heading of that column. (3)
In addition to the other requirements of these Regulations, when there is a special
provision in Schedule 2 for dangerous goods, that special provision applies (4)
If there is a conflict between a special provision in Schedule 2 and other provisions
in these Regulations, the special provision applies. (5) Despite
subsection (4) , when these Regulations do not apply to specific dangerous goods,
Schedule 2 does not apply either.
1.6 Quantity Limits in Columns 8 and
9 of Schedule 1 (1) If there is a number shown in
column 8 or 9 of Schedule 1, that number is a quantity limit and a person must
not handle, offer for transport or transport, by the means of transport set out
in the heading of that column, a consignment of dangerous goods that exceeds the
quantity limit in that column. A consignment of dangerous goods exceeds the quantity
limit when the dangerous goods (a) if a solid, have a mass that is greater
than the number when that number is expressed in kilograms; (b) if a
liquid, have a volume that is greater than the number when that number is expressed
in litres; (c) if a gas, including a gas in a liquefied form, are contained
in one or more means of containment the total water capacity of which is greater
than the number when that number is expressed in litres; or (d) if an
explosive, have a net explosives quantity that is greater than the number when
that number is expressed in kilograms.
(2)
If the quantity limit in column 8 or 9 of Schedule 1 conflicts with any other
quantity limit in these Regulations, the quantity limit in that column applies.
(3)
Despite subsection (2) , when these Regulations do not apply to specific dangerous
goods, the quantity limits in columns 8 and 9 of Schedule 1 do not apply either.
1.7
Safety Requirements, Documents, Safety Marks As provided for in section
5 of the Act, a person must not handle, offer for transport, transport or import
dangerous goods unless (a) the person complies with all applicable prescribed
safety requirements; (b) the dangerous goods are accompanied by all
applicable prescribed documents; and (c) the means of containment and
transport comply with all applicable prescribed safety standards and display all
applicable prescribed safety marks.
1.8 Prohibition: Explosives A
person must not handle, offer for transport or transport dangerous goods by any
means of transport if the dangerous goods are explosives and (a) are
in direct contact with a large means of containment, except when the explosives
are to be transported by road vehicle in quantities that are allowed for the explosives
in Schedule 1 or in any special provision in Schedule 2; or (b) are
also radioactive materials.
1.9 Use of the Most Recent Version of the
ICAO Technical Instructions, the IMDG Code or 49 CFRA person who is required
or permitted by these Regulations to comply with all or a portion of the ICAO
Technical Instructions, the IMDG Code or 49 CFR may comply with the most recent
version of those documents rather than the version named in the table to paragraph
1.3(2) (f) and in the definitions in section 1.4.
1.10 Use of Classification
in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations A
person may use the appropriate classification set out 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 ship on a domestic voyage if these Regulations
or the document from which the classification is taken does not forbid their transport.
1.11
Use of 49 CFR for Non-regulated Dangerous Goods When a substance is regulated
in the United States by 49 CFR but is not regulated in Canada by these Regulations,
a person may transport the substance between Canada and the United States by road
vehicle or railway vehicle in accordance with all or part of 49 CFR.This means
that, for example, the safety marks displayed in accordance with 49 CFR would
not be considered misleading.
1.12 Evidence: Safety Marks, Prescribed
Documents As provided for in section 42 of the Act, in any prosecution
for an offence, evidence that a means of containment or transport bore a safety
mark or was accompanied by a prescribed document is, in the absence of evidence
to the contrary, proof of the information shown or indicated by the safety mark
or contained in the prescribed document.
1.13 Defence: Due Diligence As
provided for in section 40 of the Act, a person must not be found guilty of an
offence if it is established that the person took all reasonable measures to comply
with the Act or to prevent the commission of the offence.
1.14 [Repealed
by SOR/2002-306] Special CasesThe following sections, and some
of the special provisions included in Schedule 2, Special Provisions, provide
an exemption for dangerous goods that are "in transport". Such an exemption
extends to handling, offering for transport and to the means of containment used.
In section 1.15, for example, a shipping document is not required when the dangerous
goods are in transport. Consequently, the consignor would not be required to prepare
a shipping document before the dangerous goods are placed in transport.
1.15
Exemption for Personal Use (1)
These Regulations do not apply to dangerous goods in transport on a road vehicle,
a railway vehicle or a ship on a domestic voyage, if the dangerous goods (a)
are transported between (i) a retail outlet
and the residence of the purchaser, (ii) a retail
outlet and the purchaser's place of use, (iii) the
residence of the purchaser and a place of use, or (iv)
two residences; (b) are contained in one or more means of containment
each of which has a gross mass less than or equal to 30 kg and is designed, constructed,
filled, closed, secured and maintained so that under normal conditions of transport,
including handling, there will be no accidental release of dangerous goods that
could endanger public safety; (c) are not for resale or for commercial
or industrial use; and (d) are in a quantity and concentration available
to the general public at retail outlets.Examples of retail outlets are hardware
stores, automotive industry stores, pool supply stores and farm co-ops.
(2)
Subsection (1) does not apply to explosives except for (a) explosives
with UN numbers UN0044, UN0070, UN0105, UN0131, UN0173, UN0193, UN0336, UN0337,
UN0373, UN0404, UN0432 and UN0454; and (b) explosives with UN numbers
UN0012, UN0014, UN0055, UN0323, and UN0405 if (i)
in the case of cartridges for rifles or pistols, the calibre is less than 50 calibre,
or in the case of cartridges for shotguns, the calibre is greater than or equal
to 8 gauge, and (ii) the cartridges are packed
in metal clips or in partitions inside boxes that fit snugly in an outside packaging.
(3)
Subsection (1) does not apply to (a) dangerous goods in a
quantity greater than 150 kg gross mass that are in transport on a road vehicle,
a railway vehicle or a ship on a domestic voyage; or (b) radioactive
materials that are required to be licensed by the Canadian Nuclear Safety Commission.
1.16
500 kg Exemption (1) These Regulations do
not apply to dangerous goods in a quantity less than or equal to 500 kg gross
mass in transport solely on land on a road vehicle or railway vehicle if (a)
the dangerous goods are contained (i) for dangerous
goods other than dangerous goods included in Class 2, Gases, in one or more means
of containment each of which has a gross mass less than or equal to 30 kg and
is designed, constructed, filled, closed, secured and maintained so that under
normal conditions of transport, including handling, there will be no accidental
release of the dangerous goods that could endanger public safety, or (ii)
for dangerous goods included in Class 2, Gases, in one or more means of containment
in compliance with Part 5, Means of Containment; (b) the dangerous goods
are accompanied by a shipping document that, despite sections 3.5 and 3.6 of Part
3, Documentation, includes the following information in the following order: (i)
the primary class of the dangerous goods, following the word "Class"
or "Classe", and (ii) the total number
of means of containment, following the words "number of means of containment"
or "nombre de contenants";
For example, Class 3, number
of means of containment, 10 Class 8, number of means of containment, 12 Class
3, Class 8, number of means of containment, 22 (c) each means of
containment, as prepared for transport, has displayed on one side, other than
the side on which it is intended to rest or to be stacked during transport, (i)
the dangerous goods safety marks required by Part 4, Dangerous Goods Safety Marks,
or
(ii) the shipping name of the dangerous
goods and the marks required by one of the following Acts and regulations, as
long as these marks are visible during handling and transporting: (A)
the "Explosives Act" and its regulations, (B) the "Pest
Control Products Act" and its regulations, (C) the "Hazardous
Products Act" and its regulations, or (D) the "Packaging
and Transporting of Nuclear Substances Regulations"; and
(d)
the person transporting the dangerous goods is trained in accordance with Part
6,Training.
(2)Subsection (1) does not apply
to dangerous goods that (a) are forbidden for transport in Schedule
1 or Schedule 3; (b) require a control or emergency temperature; (c)
have a primary class or subsidiary class of Class 1, except for Class 1.4S; (d)
are included in Class 2.1 and are in a cylinder that has a water capacity greater
than 46 L; (e) are included in Class 2.3; (f) are included
in Class 4 and Packing Group I; (g) are included in Class 5.2 unless
they are limited quantities in accordance with section 1.17; (h) are
liquids included in Class 6.1 and Packing Group I; (i) are included
in Class 6.2; or (j) are included in Class 7 and are required to be
licensed by the Canadian Nuclear Safety Commission.
1.17 Limited QuantitiesSubsection
(1) establishes the concept of a limited quantity of
dangerous goods. Note that it is established in terms of a consignment, that is,
a consignment of dangerous goods is a limited quantity if the conditions in this
section are met.
Subsection (2) provides an exemption for a limited
quantity.
Subsection (3) provides an exemption for an accumulation
of more than one limited quantity. However, there are conditions. For example,
the means of containment containing the dangerous goods must be marked. Also,
when an accumulation of dangerous goods exceeds 500 kg gross mass and is offered
for transport by one consignor to one destination, the dangerous goods must be
accompanied by a document.
(1) A consignment
of dangerous goods, other than explosives, is a limited quantity if (a)
the consignment is contained in a means of containment that has a gross mass less
than or equal to 30 kg and is designed, constructed, filled, closed, secured and
maintained so that under normal conditions of transport, including handling, there
will be no accidental release of the dangerous goods that could endanger public
safety; and (b) the dangerous goods (i)
if a solid, have a mass that is less than or equal to the number shown for them
in column 6 of Schedule 1 when that number is expressed in kilograms, (ii)
if a liquid, have a volume that is less than or equal to the number shown for
them in column 6 of Schedule 1 when that number is expressed in litres, or (iii)
if a gas, including a gas in a liquefied form, are contained in a means of containment
that has a water capacity less than or equal to the number shown for them in column
6 of Schedule 1 when that number is expressed in litres.
(2)
These Regulations do not apply to a limited quantity of dangerous goods in transport
on a road vehicle, a railway vehicle or a ship on a domestic voyage if the means
of containment is marked on one side, other than the side on which it is intended
to rest or to be stacked during transport, with the words "Limited Quantity"
or "quantité limitée", the abbreviation "Ltd. Qty."
or "quant. ltée" or the words "Consumer Commodity"
or "bien de consommation" and the words are legible and displayed against
a background of contrasting colour.
(3) These
Regulations do not apply to an accumulation of limited quantities of dangerous
goods in transport on a road vehicle, a railway vehicle or a ship on a domestic
voyage if the limited quantities are in one or more means of containment, each
of which is marked on one side, other than the side on which it is intended to
rest or to be stacked during transport, with the words "Limited Quantity"
or "quantité limitée", the abbreviation "Ltd. Qty."
or "quant. ltée" or the words "Consumer Commodity"
or "bien de consommation" and the words are legible and displayed against
a background of contrasting colour.
(4) When
a limited quantity is in a means of containment that is inside another means of
containment that has a gross mass less than or equal to 30 kg and the outer means
of containment is marked in accordance with subsection (2) or (3), the inside
means of containment is considered to be marked in accordance with that subsection.
(5) When the gross mass of an accumulation of limited
quantities offered for transport by one consignor to one destination is greater
than 500 kg, the consignor must give to the carrier a document that includes the
words "Limited Quantity" or "quantité limitée",
the abbreviation "Ltd. Qty." or "quant. ltée" or the
words "Consumer Commodity" or "bien de consommation". This
section does not differentiate between limited quantities and consumer commodities
for domestic transport by road, rail or ship. However, consignors need to comply
with the requirements for international ship transport in Part 11, Marine, and
with the requirements for domestic and international transport by air in Part
12, Air. If a means of containment is marked "Consumer Commodity" and
is transported to the United States, the consignor needs to comply with the definition
of "Consumer Commodity" in 49 CFR.
1.18 Medical Device or
Article These Regulations do not apply to the transport on a road vehicle,
a railway vehicle or a ship on a domestic voyage of (a) a medical device,
wheelchair, medical article or a medical cylinder if (i)
the medical device is attached to or implanted in an individual or an animal, (ii)
the wheelchair or medical article is in transport and is intended for the personal
use of a specific individual, or (iii) the medical
cylinder is intended for the personal use of an individual on board the road vehicle,
railway vehicle or ship, is in compliance with Part 5, Means of Containment, and
has a water capacity less than or equal to 5L; or (b) a radio-pharmaceutical
that has been injected in or ingested by an individual or an animal.
1.19
Samples (1) These Regulations do not apply
to samples of goods, including forensic samples, that are reasonably believed
to be dangerous goods if, for the purposes of inspection or investigation duties
under an Act of Parliament or of a provincial legislature, the samples are (a)
in transport under the direct supervision of a federal, provincial or municipal
government employee acting in the course of employment; and (b) in a
means of containment that is designed, constructed, filled, closed, secured and
maintained so that under normal conditions of transport, including handling, there
will be no accidental release of dangerous goods that could endanger public safety. (2)
These Regulations do not apply to samples of goods that the consignor
reasonably believes to be dangerous goods, if (a) the samples are in
transport for the purposes of classifying, analysing, testing or demonstrating; (b)
the samples are believed not to contain explosives, infectious substances or radioactive
materials; (c) the gross mass of the samples is less than or equal to
10 kg; (d) the samples are accompanied by a shipping document that,
despite sections 3.5 and 3.6 of Part 3, Documentation, includes the name and address
of the consignor and the words "test samples" or "échantillons
d'épreuve"; (e) the samples are in a means of containment
that is designed, constructed, filled, closed, secured and maintained so that
under normal conditions of transport, including handling, there will be no accidental
release of dangerous goods that could endanger public safety; and (f)
the means of containment has marked on it the words "test samples" or
"échantillons d'épreuve" and the words are legible and
displayed against a background of contrasting colour.
1.20 National
Defence For the purposes of paragraph 3(4)(a) of the Act, any activity
or thing related to the transportation of dangerous goods is under the sole direction
or control of the Minister of National Defence if the dangerous goods are in or
on a means of transport (a) owned and operated by the Department of
National Defence or operated on behalf of the Department of National Defence by
(i) an employee of the Department of National Defence,
(ii) a member of the Canadian Forces, or (iii)
civilian personnel who are not employed by the Department of National Defence
if the means of transport is accompanied at all times by, and is under the direct
responsibility of, an employee of the Department of National Defence or a member
of the Canadian Forces; (b) owned and operated by the military establishment
of a member country of the North Atlantic Treaty Organization or operated on behalf
of such an establishment by (i) military or civilian
personnel of that establishment, or (ii) civilian
personnel who are not employed by that establishment if the means of transport
is accompanied at all times by, and is under the direct responsibility of, military
or civilian personnel of that establishment; or (c) owned and operated
by the military establishment of another country under an agreement with the Department
of National Defence or operated on behalf of such an establishment by (i)
military or civilian personnel of that establishment, or (ii)
civilian personnel who are not employed by that establishment if the means of
transport is accompanied at all times by, and is under the direct responsibility
of, military or civilian personnel of that establishment.
1.21 Agriculture:
1 500 kg Farm Vehicle ExemptionThese Regulations do not apply to dangerous
goods in a quantity less than or equal to 1 500 kg gross mass in transport on
a road vehicle licensed as a farm vehicle if (a) the dangerous goods are transported
solely on land for a distance less than or equal to 100 km; (b) the dangerous
goods are to be or have been used for agricultural purposes; and (c) the dangerous
goods do not include (i)
..Class...1,
Explosives, other than explosives included in Class 1.4S, (ii)
.Class 2.1, Flammable Gases, in a cylinder
that has a water capacity greater than 46 L, (iii)
Class 2.3, Toxic Gases, (iv) Class 6.2,
Infectious Substances, or (v) Class 7,
...Radioactive Materials.
1.22 Agriculture:
3 000 kg Retail ExemptionThese Regulations do not apply to dangerous goods
in a quantity less than or equal to 3 000 kg gross mass in transport on a
road vehicle if (a) the dangerous goods are transported solely on land
between a retail outlet and the residence of the purchaser or the place of use,
for a distance less than or equal to 100 km; (b) the dangerous goods
are to be or have been used for agricultural purposes; (c) the dangerous
goods are in a means of containment that is designed, constructed, filled, closed,
secured and maintained so that under normal conditions of transport, including
handling, there will be no accidental release of the dangerous goods that could
endanger public safety; and (d) the dangerous goods do not include (i)
Class 1, Explosives, other than explosives included in Class 1.4S, (ii)
Class 2.1, Flammable Gases, in a cylinder that has a water capacity greater
than 46 L, (iii) Class 2.3, Toxic Gases,(iv)
Class 6.2, Infectious Substances, or (v) Class
7, Radioactive Materials.
1.23 Agriculture: Pesticide
Exemption (1) Part 3, Documentation, the requirements
for the display of a UN number in section 4.15 of Part 4, Dangerous Goods Safety
Marks, and Part 6, Training, do not apply to a solution of pesticides in transport
on a road vehicle if (a) the dangerous goods are transported solely
on land for a distance less than or equal to 100 km; (b) the dangerous
goods are in a large means of containment that (i)
has a water capacity less than or equal to 6 000 L, and (ii)
is used to prepare the dangerous goods for application or to apply the dangerous
goods; and (c) only one large means of containment containing the solution
of pesticides is in transport on the road vehicle. (2) Despite
the exemption for documentation in subsection (1) , when an emergency response
assistance plan is required under Part 7, Emergency Response Assistance Plan,
the dangerous goods must be accompanied by a shipping document.
1.24
Agriculture: Anhydrous Ammonia Exemption Part 3, Documentation, and
Part 7, Emergency Response Assistance Plan, do not apply to UN1005, AMMONIA, ANHYDROUS,
if it is (a) in transport solely on land by road vehicle; and (b)
in a large means of containment that has a water capacity less than or equal to
10 000 L and that will be used for the field application of the dangerous goods.
1.25
Transportation within a Facility These Regulations do not apply to dangerous
goods that are transported solely within a manufacturing or processing facility
to which public access is controlled.
1.26 Emergency Response These
Regulations do not apply to dangerous goods that are in quantities necessary to
respond to an emergency and that are in transport in a means of transport that
is dedicated to emergency response, unless the dangerous goods are forbidden for
transport in Schedule 1 or Schedule 3.
1.27 Operation of a Means of
Transport These Regulations do not apply to dangerous goods that are necessary
for the safety of individuals on a means of transport or for the operation or
safety of a means of containment or a means of transport unless the dangerous
goods are forbidden for transport in Schedule 1 or Schedule 3.This section is
intended to apply to, for example, gasoline in the fuel tank of the means of transport,
batteries or refrigeration units installed in vehicles and equipment such as fire
extinguishers required in accordance with operating regulations for the means
of transport.
1.28 Transportation between Two Properties These
Regulations do not apply to dangerous goods, other than Class 1, Explosives, or
Class 7, Radioactive Materials, that are in transport on a road vehicle between
two properties owned or leased by the manufacturer or user of the dangerous goods
if (a) the dangerous goods are transported a distance less than or equal
to 3 km on a public road; (b) the road vehicle has displayed on it (i)
the placard for the primary class of the dangerous goods, or (ii)
the DANGER placard; (c) the dangerous goods are in a means of containment
that is designed, constructed, filled, closed, secured and maintained so that
under normal conditions of transport, including handling, there will be no accidental
release of the dangerous goods that could endanger public safety; and (d)
the appropriate provincial authority listed in the following table is advised
of the nature of the dangerous goods in advance of the transport:
Table | | Province | Authority | Telephone | | Alberta
| the
local police and the appropriate provincial authority at | 1-800-272-9600 | | British
Columbia | the
local police and the Public Emergency Program at | 1-800-663-3456 | | Manitoba |
the Department of Conservation at and either the local police or fire department | (204)
945-4888 | | New
Brunswick | the
local police or | 1-800-565-1633 | | Newfoundland |
the local police and the Canadian Coast Guard at | (709)
772-2083 | | Northwest
Territories | the
appropriate authorities at | (867)
920-8130 | Nova
Scotia | the
local police or | 1-800-565-1633
or (902) 426-6030 | | Nunavut
Territory | the
local police and the Nunavut Emergency Services at | 1-800-693-1666 | | Ontario
| the
local police | | | Prince
Edward Island | the
local police or | 1-800-565-1633 | | Quebec
| the
local police | | | Saskatchewan
| the
local police or | 1-800-667-7525 | | Yukon
Territory | the
appropriate authorities at | (867)
667-7244 |
1.29
Dangerous Goods in an Instrument or in Equipment These Regulations do not
apply to dangerous goods that are in transport on a road vehicle, a railway vehicle
or a ship on a domestic voyage if (a) the dangerous goods are contained
in, and are not intended to be discharged from, an instrument or a piece of equipment
that is not dangerous goods itself and that is designed to perform a function
other than solely to contain dangerous goods; and (b) the dangerous
goods (i) if a solid, have a mass that is less
than or equal to the number shown for them in column 6 of Schedule 1 when that
number is expressed in kilograms, (ii) if a liquid,
have a volume that is less than or equal to the number shown for them in column
6 of Schedule 1 when that number is expressed in litres, (iii)
if a gas, including a gas in a liquefied form, are contained in one or more means
of containment with a total water capacity less than or equal to the number shown
for them in column 6 of Schedule 1 when that number is expressed in litres; or (iv)
if an explosive, have a net explosives quantity that is less than or equal to
the number shown for them in column 6 of Schedule 1 when that number is expressed
in kilograms.
1.30 Marine The requirements of these Regulations
that relate solely to the handling, offering for transport or transporting of
dangerous goods by ship do not apply to dangerous goods in transport on a road
vehicle or railway vehicle that is being transported on board a short-run ferry.
1.31
Class 1, Explosives These Regulations do not apply to transporting solely
on land in a road vehicle or railway vehicle dangerous goods included in Class
1, Explosives, if (a) the net explosives quantity of all the explosives
in the road vehicle or railway vehicle is less than or equal to the lowest number
shown in column 6 of Schedule 1 for any one of the explosives when that number
is expressed in kilograms;For the purpose of this explanation, suppose the explosives
have UN numbers NUM1, NUM2, NUM3, etc. This section is satisfied if the total
net explosives quantity of all the explosives taken together is less than the
net explosives quantity for NUM1 and is also less than the net explosives quantity
for NUM2 and is also less than the net explosives quantity for NUM3, etc. (b)
the explosives are in a means of containment required or permitted in Part 5,
Means of Containment; and (c) each means of containment has displayed
on it the class, compatibility group and UN number of the explosives contained
inside it.
1.32 Class 2, Gases These Regulations do not apply
to dangerous goods that are liquefied compressed gases included in Class 2.2,
Non-flammable, Non-toxic Gases, in use as a refrigerant in a refrigerator or a
freezer if the quantity of dangerous goods is less than 12 kg.
1.33
Class 3, Flammable Liquids: General ExemptionThese Regulations do not
apply to dangerous goods included in Class 3, Flammable Liquids, in transport
on a road vehicle, a railway vehicle or a ship on a domestic voyage, if the dangerous
goods (a) have no subsidiary class; (b) are included in Packing
Group III and have a flash point greater than 37.8 degrees C; and (c)
are contained in a small means of containment that is designed, constructed, filled,
closed, secured and maintained so that under normal conditions of transport, including
handling, there will be no accidental release of the dangerous goods that could
endanger public safety.
1.34 Class 3, Flammable Liquids:Flash Point
Between 60.5 degrees C and 93 degrees C Substances that have a flash point
greater than 60.5 degrees C but less than or equal to 93 degrees C may be transported
on a road vehicle, a railway vehicle or a ship on a domestic voyage as Class 3,
Flammable Liquids, and Packing Group III. In this case, the requirements of these
Regulations that relate to flammable liquids that have a flash point less than
or equal to 60.5 degrees C must be complied with.
1.35 Class 3, Flammable
Liquids: UN1202, DIESEL FUEL, or UN1203, GASOLINE Exemption Part 3, Documentation,
the UN number requirements in section 4.15 of Part 4, Dangerous Goods Safety Marks,
and Part 6, Training, do not apply to UN1202, DIESEL FUEL, or UN1203, GASOLINE,
if (a) the dangerous goods are in one or more means of containment,
each of which is visible from outside the vehicle and each of which has displayed
on it (i) the label or placards required for
the dangerous goods by Part 4, Dangerous Goods Safety Marks, or (ii)
if a side or end of the means of containment is not visible from outside the vehicle,
the label or placards required for the dangerous goods by Part 4, Dangerous Goods
Safety Marks, other than a placard on the side or end that is not visible from
outside the vehicle; (b) each means of containment is secured to the
vehicle so that the required label or at least one of the required placards displayed
on it is visible from outside the vehicle during transport; and (c) the
total water capacity of all the means of containment is less than or equal to
2 000 L.
1.36 Class 3, Flammable Liquids: Alcoholic Beverage Exemption These
Regulations do not apply to an alcoholic beverage in transport on a road vehicle,
a railway vehicle or a ship on a domestic voyage if the alcoholic beverage (a)
is included in Packing Group II and is in a means of containment with a water
capacity less than or equal to 5 L; or (b) is included in Packing Group
III and (i) contains 24 per cent or less by volume
of alcohol, or (ii) is in a containment with a
water capacity less than or equal to 250 L.
1.37 Class 3, Flammable
Liquids: Alcohol Exemption These Regulations do not apply to an aqueous
solution of alcohol that is in transport in a small means of containment on a
road vehicle, a railway vehicle or a ship on a domestic voyage if the solution
has a flash point greater than 23ºC and contains (a) 50 per cent
or less by volume of alcohol that has a flash point less than 37.8ºC; and (b)
50 per cent or more by volume of a substance that is not dangerous goods.
1.38
Class 3, Flammable Liquids: Polyester Resin Kit Exemption These Regulations
do not apply to a polyester resin kit that consists of a substance included in
Class 3, Packing Group II or III, and a substance included in Class 5.2, Type
C, D, E or F, and that does not require temperature control if (a) the
kit is in transport on a road vehicle, a railway vehicle or a ship on a domestic
voyage; (b) the gross mass of the kit is less than or equal to 30 kg; (c)
the quantity of Class 3 substance in the kit is less than or equal to (i)
1 L for Packing Group II substances, and (ii)
5 L for Packing Group III substances; and (d)
the quantity of Class 5.2 substance in the kit is less than or equal to (i)
125 mL for liquids, and (ii) 500 g for
solids.
1.39 Class 6.2, Infectious Substances: Risk Group 2 Exemption (1)
These Regulations do not apply to infectious substances included in
Risk Group 2, other than those set out in subsection (2) , if they are contained
in a means of containment required or permitted by Part 5, Means of Containment. (2)
The infectious substances are (a) Corynebacterium diphtheriae (b)
Echinococcus (gravid segments) ; (c) Genus Vesiculovirus: VSV Indiana
lab strain or other proven lab-adapted strains; (d) Hepatitis B virus; (e)
Cowdria ruminatum that affects only animals: R. bovis and R. ovina; (f)
Salmonella typhi; (g) Vibrio cholerae (including El Tor) ; and (h)
any other infectious substance that exhibits the same characteristics as those
listed in paragraphs (a) to (g) .
1.40 Class 6.2, Infectious Substances:
Risk Group 3 Exemption These Regulations do not apply to the following
infectious substances included in Risk Group 3 if they are contained in a means
of containment required or permitted by Part 5, Means of Containment: (a)
Chlamydia psittaci; (b) Ehrlichia canis; (c) Eperythrozoon
species; (d) Heaemobartonella species; (e) Mycobacterium avium;
or (f) Neorickettsia helminthoeca.
1.41 Biological Products These
Regulations do not apply to finished biological products, live vaccines, unfinished
biological products or attenuated live vaccines if they are (a) prepared
in accordance with the requirements set out under the "Food and Drugs Act";
and (b) contained in (i) a Type 1B means
of containment that is in compliance with CGSB-43.125, or (ii)
a means of containment that is designed, constructed, filled, closed, secured
and maintained so that under normal conditions of transport, including handling,
there will be no accidental release of the dangerous goods that could endanger
public safety.
1.42 Substances Believed Not to Contain Infectious Substances These
Regulations do not apply to substances in cultures, diagnostic specimens or other
similar substances that are reasonably believed not to contain infectious substances
if the substances are contained (a) in a Type 1B or Type 1C means of
containment that is in compliance with CGSB-43.125; or (b) in a means
of containment that is designed, constructed, filled, closed, secured and maintained
so that under normal conditions of transport, including handling, there will be
no release of the substances.
1.43 Class 7, Radioactive Materials These
Regulations do not apply to Class 7, Radioactive Materials if the radioactive
materials satisfy the conditions for an excepted package in the "Packaging
and Transport of Nuclear Substances Regulations" and they are accompanied
by a shipping document that, despite sections 3.5 and 3.6 of Part 3, Documentation,
includes the shipping name and UN number of the radioactive materials.
1.44
Residue of Dangerous Goods in a Drum Part 2, Classification, Part 3, Documentation,
Part 4, Dangerous Goods Safety Marks, and Part 7, Emergency Response Assistance
Plan, do not apply to a residue of dangerous goods, other than dangerous goods
included in Packing Group I or contained in drums that are labelled as containing
dangerous goods included in Class 1, 4.3, 6.2 or 7, contained in a drum that is
in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage
if (a) the drum has been emptied to the maximum extent possible in
the course of normal use and is less than 10% full; (b) the drum is
being transported for the purpose of reconditioning or refilling in accordance
with CGSB-43.150; (c) when more than 10 drums are on the road vehicle
or on the railway vehicle, the road vehicle or railway vehicle has displayed on
it the DANGER placard in accordance with Part 4, Dangerous Goods Safety Marks;
and (d) the empty drums are accompanied by a document that includes
the following information: (i) the primary class
of the dangerous goods last contained in the empty drums following the word "Class"
or "Classe", (ii) the total number of
empty drums in the road vehicle or railway vehicle, and (iii)
if the primary class of the dangerous goods is not known, the words "Residue
Drum - Content Unknown" or "fût de résidu - contenu inconnu",
followed by the number of drums.
1.45 Fumigation of Means of Containment These
Regulations, except for subsection 3.5(3) of Part 3, Documentation, and section
4.21 of Part 4, Dangerous Goods Safety Marks, do not apply to a means of containment,
or the contents of a means of containment, that is being fumigated with dangerous
goods and that is in transport if the fumigant is the only dangerous goods in
transport in the means of containment.
1.46 Miscellaneous Special Cases These
Regulations do not apply to the following dangerous goods: (a) ammoniating
fertilizer solutions with an absolute pressure of ammonia less than or equal to
276 kPa at 41 degree C; (b) antimony oxides and antimony sulphides with
0.5 per cent or less arsenic by mass; (c) charcoal or carbons that are (i)
non-activated carbon blacks of mineral origin, (ii)
carbons made by a steam activation process, or (iii)
activated or non-activated carbons that pass the self-heating test for carbon
in section 33.3.1.3.3 of the Manual of Tests and Criteria; (d) cinnabar; (e)
cyclohexanone peroxides with 70 per cent or more inert inorganic solid, by mass; (f)
Di-4-chlorobenzoyl peroxide or p-chlorobenzoyl peroxide with 70 per cent or more
inert inorganic solid, by mass; (g) 1,3-Di-(2-tert-butylperoxyisopropyl)
benzene or 1,4-Di-(2-tert-butylperoxyisopropyl) benzene, or mixtures of
both, 60 per cent or more, by mass, of which consists of an inert solid, if the
substance is in a means of containment in a total quantity less than or equal
to 200 kg; (h) dibenzoyl peroxide or benzoyl peroxide that is in a concentration
less than 35.5 per cent, by mass, with finely ground starch, calcium sulphate
dihydrate or dicalcium phosphate dihydrate, or that is in a concentration less
than 30 per cent, by mass, with 70 per cent or more, by mass, inert solid; (i)
dicumyl peroxide with 60 per cent or more inert inorganic solid, by mass; (j)
ferricyanides and ferrocyanides; (k) fish-meal that is acidified and
is wetted with 40 per cent or more water, by mass; (l) mercurous chloride; (m)
sodium carbonate peroxyhydrate; (n) sodium dichloroisocyanurate dihydrate; (o)
solvent extracted soya bean meal free of flammable solvent and containing 1.5
per cent or less oil, by mass, and 11 per cent or less moisture, by mass;
or (p) wood or wood products treated with wood preservatives.
1.47
Security on Board a Means of Transport These Regulations, except for Part
6, Training, do not apply to the handling or transporting of ammunition, or ammunition
loaded in a firearm, that is in the possession of a police officer who is on duty
on board any means of transport.
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