PART 1
TABLE OF CONTENTS
| definitions | 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 |
| Transitional Provision: Permit for Equivalent Level of Safety | 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 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 |
COMING INTO FORCE, REPEAL, INTERPRETATION, GENERAL PROVISIONS AND SPECIAL CASES
| number | description |
|---|---|
| 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) followed by
the descriptive text associated with the shipping name, as long
as the descriptive text is in lower case letters and the shipping
name is 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) a symbol set
out in column 1 of the following table represents the corresponding
unit of measure set out in column 2: |
Table
| Column 1 Symbol |
Column 2 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
Table
| Item | Column 1 Short Form |
Column 2 Safety Standard or Safety Requirement |
|---|---|---|
| 1 (21) |
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 andMaterials (ASTM) |
| 3 (2) |
ASTM D 4359 | ASTM D 4359-90, “Standard Test Method for Determining Whether a Material Is a Liquid or a Solid”, July 1990, published by the American Society for Testing andMaterials (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 |
| 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-43.126-98, “Remanufacturing and Reconditioning of Drums Used for the Transportation of Dangerous Goods”, December 1998, 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-43.146-94, “Intermediate Bulk Containers for the Transportation of Dangerous Goods”, December 1994, and Amendment No. 2, June 1997, published by the Canadian General Standards Board (CGSB) |
| 12 (11) |
CGSB-43.147 | National Standard of Canada CAN/CGSB-43.147-97, “Construction and Maintenance of Tank Car Tanks and Selection and Use of Tank Car Tanks, Portable Tanks and Rail Cars for the Transportation of Dangerous Goods by Rail”, August 1997, 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 (15) |
CSA B339 | National Standard of Canada CAN/CSA B339-96, “Cylinders, Spheres and Tubes for the Transportation of Dangerous Goods”, July 1996, as amended in December, 1999, published by CSA International (CSA) |
| 16 (16) |
CSA B340 | National Standard of Canada CAN/CSA B340-97, “Selection and Use of Cylinders, Spheres, Tubes and Other Containers for the Transportation of Dangerous Goods, Class 2”, July 1997, as amended in January 1998 and April 1999, published by CSA International (CSA) |
| 17 (17) |
CSA B616 | CSA Preliminary Standard B616-M1989, “Rigid Polyethylene Intermediate Bulk Containers for the Transportation of Dangerous Goods”, May 1989, published by CSA International (CSA) |
| 18 (18) |
CSA B620 | National Standard of Canada CAN/CSA B620-98, “Highway Tanks and Portable Tanks for the Transportation of Dangerous Goods”, August 1998, including Appendices A and B, as amended in April 1999, March 2000 and July 2000, published by CSA International (CSA) |
| 19 (19) |
CSA B621 | National Standard of Canada CAN/CSA B621-98, “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”, October 1998, as amended in March 2000 and July 2000, published by CSA International (CSA) |
| 20 (20) |
CSA B622 | National Standard of Canada CAN/CSA B622-98, “Selection and Use of Highway Tanks, Multi-unit Tank Car Tanks, and Portable Tanks for the Transportation of Dangerous Goods, Class 2”, August 1998, as amended in April, 1999 andMarch 2000, published by CSA International (CSA) |
| 21 (30) |
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 (22) |
ICAO Technical Instructions |
“Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 1999-2000 Edition, published by the International Civil Aviation Organization (ICAO) |
| 23 (14) |
IMDG Code | Volumes I to IV of the “International Maritime Dangerous Goods Code”, Consolidated 1994 Edition, as amended in 1998 by Amendment No. 29, published by the International Maritime Organization (IMO) |
| 24 (23) |
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) |
| 25 (24) |
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) |
| 26 (25) |
ISO 9328-2 | International Standard ISO 9328-2, “Steel plates and strips for pressure purposes—Technical delivery conditions—Part 2: Unalloyed and lowalloyed steels with specified room temperature and elevated temperature properties”, First Edition, December 1, 1991, published by the International Organization for Standardization (ISO) |
| 27 (26) |
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) |
| 28 (27) |
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) |
| 29 (29) |
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) |
| 30 (31) |
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 |
| 31 (32) |
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 |
| 32 (28) |
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) |
| 33 (34) |
Supplement to the ICAO Technical Instructions | Supplement to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 1999-2000 Edition, published by the International Civil Aviation Organization (ICAO) |
| 34 (33) |
UN Recommendations | “Recommendations on the Transport of Dangerous Goods”, Eleventh Revised Edition, 1999, published by the United Nations (UN) |
| definition | description |
|---|---|
| 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) |
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". (rejet accidentel) |
|
| Act | means the "Transportation of Dangerous Goods Act, 1992". (Loi) |
| 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. (bombe
aérosol) |
|
| 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. (aéronef) |
| 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. (produit biologique) |
| CANUTEC | means the Canadian Transport Emergency Centre of the Department of Transport. (CANUTEC) |
| cargo aircraft | means an aircraft, other than a passenger carrying aircraft, that is carrying goods or property. (aéronef cargo) |
| carrier | means a person who, whether or not for hire or reward, has possession of dangerous goods while they are in transport. (transporteur) |
| 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. (indication de danger - conformité) |
| 49 CFR | means Parts 171 to 180 of Title 49 of the "Code of Federal Regulations" of the United States, 2000. (49 CFR) |
| 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. (classe) |
|
For example, Class 6.1 is division
1 of Class 6. Not all classes have divisions. |
|
| 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. (classification) |
| compatibility group | means one of the 13 groups of explosives described in Appendix 2 of Part 2, Classification. (groupe de compatibilité) |
| 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 | means a quantity of dangerous goods in transport and the means of containment required for transport. (envoi) |
| 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 | 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. (expéditeur) |
|
| 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 | 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. (bouteille à gaz) |
| 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. (marchandises dangereuses) |
| 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 | 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. (indication de danger - marchandises dangereuses) |
| 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. (spécimen de diagnostic) |
| Director General | means the Director General of the Transport Dangerous Goods Directorate, Department of Transport. (directeur général) |
| 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. (poussière) |
| The concentration of these suspended particles in air is measured as milligrams of solid particles per litre of air (mg/L) . | |
| 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. (urgence) |
|
| 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. (plan d'intervention d'urgence ou PIU) |
| 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. (employeur) |
|
| fire point | means the lowest temperature at which a substance will ignite and will continue to burn for at least 5 seconds. (point d'inflammation) |
| 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. (point d'éclair) |
| 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 | 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 liquid 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. (gaz) |
|
| 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. (micro-organisme génétiquement modifié) |
| gross mass | means the mass of the dangerous goods and the mass of the means of containment required for transport. (masse brute) |
| 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) |
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. (manutention) |
| ICAO Technical Instructions | means the "Technical Instructions for the Safe Transport of Dangerous Goods by Air", 1999-2000 Edition, published by the International Civil Aviation Organization. (Instructions techniques de l'OACI) |
| IMDG Code | means Volumes I to IV of the "International Maritime Dangerous Goods Code", Consolidated 1994 Edition, as amended in 1998 by Amendment Number 29, published by the International Maritime Organization (IMO) . (Code IMDG) |
| 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. (rejet
accidentel imminent) |
|
| 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. (importer) |
| 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. (matière
infectieuse) |
|
| Examples of micro-organisms are bacteria, viruses, rickettsia, parasites, fungi or a recombinant, hybrid or mutant of one of these. | |
| inspector (from the Act) |
means a person designated as an inspector under subsection 10(1) of the Act. (inspecteur) |
| in standard | means that a means of containment meets the requirements set out in section 5.2 of Part 5, Means of Containment. (en règle) |
| 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. (en transport) |
| large means of containment | means a means of containment that has a cargo capacity greater than 450 L. (grand contenant) |
| 450 L is equivalent to 0.45 m cubic meters or 15.9 ft3. | |
| 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. (CL50) |
| 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/m3 cubic meters) of air for gas and vapour. | |
| 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. (DL50 (absorption cutanée)) |
| The result is expressed in milligrams per kilogram (mg/kg) of body mass. | |
| 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. (DL50 (ingestion)) |
| The result is expressed in milligrams per kilogram (mg/kg) of body mass. | |
| liquid | means a substance that |
(a) has a melting
point less than or equal to 20°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. (liquide) |
|
| 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) . (Manuel d'épreuves et de critères) |
| 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. (contenant) |
| 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. (moyen de transport) |
| Minister (from the Act) |
means the Minister of Transport. (ministre) |
| 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. (brouillard) |
| The concentration of these suspended particles in air is measured as milligrams of liquid particles per litre of air (mg/L) . | |
| net explosives quantity | means the net mass of explosives but does not include the mass of the means of containment. (quantité nette d'explosifs) |
| 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. (demande de transport) |
| 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. (groupe d'emballage) |
| 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. (passager) |
|
| passenger carrying aircraft | means an aircraft that is carrying one or more passengers. (aéronef de passagers) |
| passenger carrying railway vehicle | means a railway vehicle that is carrying one or more passengers. (véhicule ferroviaire de passagers) |
| passenger carrying road vehicle | means a road vehicle that is carrying one or more passengers. (véhicule routier 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. (navire de passagers) |
|
| 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. (permis de niveau de sécurité équivalent) |
| person | includes, in addition to an individual, a corporation and any other entity carrying on a business. (personne) |
| prescribed (from the Act) |
means prescribed by regulations of the Governor in Council. (version anglaise seulement) |
| primary class | means the first class shown in column 3 of Schedule 1. (classe primaire) |
| 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. (ordre) |
| public safety (from the Act) |
means the safety of human life and health and of property and the environment. (sécurité publique) |
| 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. (véhicule ferroviaire) |
| 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. (groupe de risque) |
| Substances in Risk Group 1 do not pose sufficient danger to be regulated. | |
| 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. (véhicule routier) |
| 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. (navire roulier) |
|
| 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. (indication
de danger) |
|
| See also certification safety mark and dangerous goods safety mark. | |
| 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. (règles 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. (normes de sécurité) |
| 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. (navire) |
| 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. (document d'expédition) |
| 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. (appellation réglementaire) |
| 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. (registre d'expédition) |
| short-run ferry | means a ship that is operating over the most direct water route between two points not more than 3 km apart. (bac) |
| small means of containment | means a means of containment with a cargo capacity less than or equal to 450 L. (petit contenant) |
| 450 L is equivalent to 0.45 m cubic meters or 15.9 ft3. | |
| solid | means a substance that is not a liquid or a gas. (solide) |
| special provision | means an item of Schedule 2 referred to in column 5 of Schedule 1. (disposition particulière) |
| standardized means of containment (from the Act) | means a means of containment in relation to which a safety standard has been prescribed. (contenant normalisé) |
| subsidiary class | means a class shown in parentheses in column 3 of Schedule 1. (classe subsidiaire) |
| substance | includes an article. (matière) |
| Supplement to the ICAO Technical Instructions | means the Supplement to the "Technical Instructions for the Safe Transport of Dangerous Goods by Air", 1999-2000 Edition, published by the International Civil Aviation Organization (ICAO) (Supplément aux Instructions techniques de l'OACI) |
| 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. (appellation technique) |
| 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 | has the same meaning as determined under the "Packaging and Transport of Nuclear Substances Regulations". (indice de transport) |
| 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. (tube) |
| UN number | means an entry in column 1 of Schedule 1. (numéro UN) |
| UN Recommendations | means the "Recommendations on the Transport of Dangerous Goods", Eleventh Revised Edition, 1999, published by the United Nations (UN) . (Recommandations de l'ONU) |
| 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. (contenant normalisé UN) |
| vapour | means the dispersion in air of imperceptible particles of a substance that is liquid or solid in its normal state. (vapeur) |
| For example, water vapour or benzene vapour. | |
| 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. |
| number | description |
|---|---|
| 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 CFR |
| A 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 | Transitional Provision: Permit for Equivalent Level of Safety |
| A permit for equivalent level of safety that was issued under section 31 of the Act before the coming into force of these Regulations is valid until two years after the date on which these Regulations are published in Part II of the Canada Gazette or until the expiry date on the permit, whichever occurs first. | |
| Special Cases | |
| The 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 in one or more means of containment, each of
which has a gross mass less than or equal to 30 kg; |
|
(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 in each means of containment following
the word "Class" or "Classe", |
|
(ii) the subsidiary
class or classes, in parentheses, and |
|
(iii) the number
of means of containment related to each primary class, following
the words "number of means of containment" or "nombre de contenants",
and |
|
| For example, | |
| Class 3(8) , number of means of containment, 10 Class 8, number of means of containment, 12 | |
(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 Quantities |
| Subsection (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" or the abbreviation "Ltd. Qty." or "quant. ltée" with each letter at least 25 mm high and in a colour that contrasts with the background colour of the means of containment. |
| (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" or the abbreviation "Ltd. Qty." or "quant. ltée" with each letter at least 25 mm high and in a colour that contrasts with the background colour of the means of containment. |
| (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 subsections (2) and (3) , the inside means of containment is considered to be marked with the words "Limited Quantity" or "quantité limitée" or the abbreviation "Ltd. Qty." or "quant. ltée". |
| (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 shipping document that, despite sections 3.5 and 3.6 of Part 3, Documentation, includes the words "Limited Quantity" or "quantité limitée" or the abbreviation "Ltd. Qty." or "quant. ltée" and a list of the classes of dangerous goods in the accumulation. |
| 1.18 | Medical Device or Article |
| These Regulations do not apply to | |
(a) a medical
device, wheelchair, medical article or a medical cylinder that has
a water capacity less than or equal to 3 L, 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 in transport, is intended for the personal use of a
specific individual and is required by Part 5, Means of Containment;
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" in letters not less than 25 mm high and in a colour
that contrasts with the background colour of the means of containment. |
|
| 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 it is done by or in the presence of and under the direction or control of any of the following: | |
(a) a member of
the Canadian Forces; |
|
(b) a member of
the military forces of a North Atlantic Treaty Organization (NATO)
country; or |
|
(c) a member of
the military forces of a country designated for that purpose by
the Minister of National Defence. |
|
| 1.21 | Agriculture: 1 500 kg Farm Vehicle Exemption |
| These 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 Exemption |
| These 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, does 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 |
|---|---|
| Alberta | the local police and the appropriate provincial authority at 1-800-272-9600 |
| British Columbia | the local police and the Public Emergency Programme at 1-800-663-3456 |
| Manitoba | the Department of Conservation at (204) 945-4888 and either the local police or fire department |
| 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 |
| number | description |
|---|---|
| 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 Exemption |
| These 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°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°C and 93°C |
| Substances that have a flash point greater than 60.5°C but less than or equal to 93°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°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 has
displayed on it the label required for the dangerous goods by Part
4, Dangerous Goods Safety Marks; |
|
(b) each means
of containment is secured to the road vehicle so that the label
displayed on each one is visible from outside the road vehicle during
transport; and |
|
(c) the total 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 contains 24 per cent or less by volume of alcohol and | |
(a) is in a means
of containment with a capacity less than or equal to 5 L; or |
|
(b) is included
in Packing Group III and is in a means of containment with a 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 in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the solution contains 50 per cent or less of alcohol by volume and 50 per cent or more of water by volume. | |
| 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, unless it is in a quantity less than or equal to 2 mL and
is contained in a Type 1B means of containment that is in standard
with CGSB-43.125; |
|
(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 contained in a drum that is in transport on a road vehicle if | |
(a) the drum has
been emptied to the maximum extent possible in the course of normal
use and is less than 10 per cent 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, the road vehicle has displayed
on it the DANGER placard in accordance with Part 4, Dangerous Goods
Safety Marks; and |
|
(d) the driver
of the road vehicle has a shipping document that, despite sections
3.5 and 3.6 of Part 3, Documentation, includes |
|
(i) the following
information in the following order: |
|
(A) the primary
class of the dangerous goods in each means of containment following
the word "Class" or "classe",
|
|
(B) the subsidiary
class or classes, if any, in parentheses, and
|
|
(C) the number
of drums related to each primary class, following the words "number
of drums" or "nombre de fûts", and
|
|
(ii) if the primary
class and subsidiary class or classes, if any, are not known, the
words "Residue Drum - Content Unknown" or "fût de résidu
- contenu inconnu", followed by the number of drums. |
|
For example, |
|
Class 3(8) , number of drums,
10 |
|
Class 8, number of drums, 12 |
|
Residue Drum — Content Unknown,
number of drums, 6 |
|
| 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°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. |
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