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- Course # 10
Transportation of Dangerous Goods (TDG) Clear language
Duration 8 hours
Fee$ 195.00
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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. Developed to set
standards to address due diligence, this program is applicable throughout
Canada.
Navigation
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o Ministerial Responsibility
o Related Links
Transportation of Dangerous Goods Regulations Clear 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 Cases Exemption for Personal Use 1.15
500 kg Exemption 1.16
Limited Quantities 1.17
Medical Device or Article 1.18
Samples 1.19
National Defense 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
Force
These 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
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Unit of Measure
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Bq
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becquerel
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|
°C
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degree Celsius
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ft3
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cubic feet
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|
g
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gram
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|
h
|
hour
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Hz
|
hertz
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J
|
joule
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J/g
|
joules per gram
|
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kg
|
kilogram
|
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kBq/kg
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kilobecquerels per kilogram
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|
km
|
kilometre
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km/h
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kilometres per hour
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kPa
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kilopascal
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L
|
litre
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L/kg
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litres per kilogram
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LC
|
lethal concentration
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LD
|
lethal dose
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m
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metre
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m3
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cubic metre
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mg
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milligram
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mg/kg
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milligrams per kilogram
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mg/L
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milligrams per litre
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mL
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millilitre
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mL/m3
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millilitres per cubic metre
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|
mm
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millimetre
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mph
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miles per hour
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MPa
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megapascal
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mSv/h
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millisieverts per hour
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psig
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pounds per square inch, gauge
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µSv/h
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microsieverts per hour
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µm
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micrometre
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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
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Item
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Column 1
Short Form
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Column 2
Safety Standard or Safety Requirement
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1(22)
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ASTM
Corrosion Test
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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)
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2(1)
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ASTM D 1200
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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)
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4(3)
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ASTM F 852
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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)
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5(4 )
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49 CFR
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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
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6(5)
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CGA P-20
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"Standard for
Classification of Toxic Gas Mixtures", Second Edition, 1995,
published by the Compressed Gas Association, Inc. (CGA)
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7(6)
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CGSB-32.301
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National Standard of Canada
CAN/CGSB-32.301-M87, "Canola Meal", April 1987, published by
the Canadian General Standards Board (CGSB)
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8(7 )
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CGSB-43.123
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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)
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9(8)
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CGSB-43.125
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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)
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10(9)
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CGSB-43.126
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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)
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11(10)
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CGSB-43.146
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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)
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12(11)
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CGSB-43.147
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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)
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13(12)
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CGSB-43.150
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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)
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14(13)
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CGSB-43.151
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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)
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15(16)
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CSA B339
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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)
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16(17 )
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CSA B340
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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)
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17(18)
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CSA B616
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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)
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18(19)
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CSA B620
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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)
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CSA B621
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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)
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20(21)
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CSA B622
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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
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|
21(31)
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EPA
Method 1311
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"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)" reject accidental
""accidental release" (from the Act)
means, in relation to dangerous goods, an unplanned or accidental
(a) discharge, emission, explosion, out gassing 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.
These documents are not to be used as legal, please refer to proper
legislations. D. A. L. Enterprise does not assume any responsibility for
the accuracy of this document.
|
