Registration
SOR/2008-34 February 7, 2008

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Regulations Amending the Transportation of Dangerous Goods Regulations

P.C. 2008-0244 February 7, 2008

2. (1) Paragraph 1.3(2)(b) of the Regulations is replaced by the following:

(b) the words “on”, “in” or “by” are synonymous when they are associated with the defined term “road vehicle”, “railway vehicle”, “ship” or “aircraft”;

(2) Paragraph 1.3(2)(d) of the Regulations is amended by striking out the word “and” at the end of subparagraph (ii), by adding the word “and” at the end of subparagraph (iii) and by adding the following after the italicized text after subparagraph (iii):

(iv) for solutions and mixtures, followed by the word “SOLUTION” or “MIXTURE”, as appropriate, and may include the concentration of the solution or mixture;

Examples are ACETONE SOLUTION or ACETONE 75% SOLUTION.

(3) Subsection 1.3(2) of the Regulations is amended by striking out the word “and” at the end of paragraph (e) and by replacing paragraph (f) and the italicized text after it with the following:

(f) when the word “placard” is used, it refers to a specific placard illustrated in the Appendix to Part 4, Dangerous Goods Safety Marks, but when a placard is required to be displayed, the singular includes the plural and it means the appropriate number of that placard required by Part 4;

(g) the word “or” is used in the inclusive sense unless the associated text clearly indicates otherwise;

For example, condition “A or B” is satisfied if A is satisfied, if B is satisfied or if both A and B are satisfied. Similarly, condition “A, B, C or D” is satisfied if one or more of the four conditions is satisfied.

(h) when a shipping document or a document is required, the requirement refers to

(i) the original shipping document or original document, or

(ii) a copy of the shipping document or document;

(i) when it is necessary to convert between number of articles and net explosives quantity, one kilogram net explosives quantity must be counted as 100 articles and each 100 articles must be counted as one kilogram net explosives quantity;

(j) when dangerous goods are in a means of containment, it is the minimum required means of containment if

(i) all other means of containment containing it are removed, the means of containment and the dangerous goods it contains would be in compliance with the Act and these Regulations for the purposes of handling, offering for transport or transporting, and

(ii) all other means of containment containing it and the means of containment itself are removed, some of the dangerous goods it contains would no longer be in a means of containment that is in compliance with the Act and these Regulations for the purposes of handling, offering for transport or transporting;

A railway boxcar containing propane in one or more cylinders would not be the minimum required means of containment for that propane because, if the railway boxcar (plus any means of containment containing the boxcar) were removed, the propane would still be in means of containment in compliance with the Act and the Regulations.

Another example is dangerous goods contained in a combination packaging that is in compliance with the Act and the Regulations, such as a Type 1A means of containment for infectious substances. The outer packaging is the minimum required means of containment because, if it and all means of containment containing it were removed, the dangerous goods would no longer be in means of containment in compliance with the Act and these Regulations.

In most cases, the identification of the minimum required means of containment is obvious. The only situations in which it is not immediately obvious are situations involving “nested” means of containment, that is, where a first means of containment is contained in a second means of containment which may be contained in a third means of containment, and so on.

The identification of the minimum required means of containment is essential in determining gross mass. It is also useful in some situations to clarify when dangerous goods safety marks do not need to be displayed on means of containment inside the minimum required means of containment. See the definition of “gross mass”, which is relevant in sections 1.6, 1.15, 1.16, 1.17, 1.19.1, 1.19.2, 1.29 and 7.1.

(k) when the words “means of containment” are used, they refer to the minimum required means of containment unless the associated text clearly indicates otherwise; and

For example, the means of containment referred to in section 4.15 may contain dangerous goods that are included in different classes so that the means of containment may or may not be the minimum means of containment. Consequently, section 4.15 is not restricted to minimum means of containment.

(l) the words “gross mass of all dangerous goods” in sections 1.15, 1.16, 1.21 and 1.22 refer to dangerous goods that require shipping documents or that are intended to be transported in accordance with those sections.

3. Part 1 of the Regulations is amended by adding the following after section 1.3:

1.3.1 Table of Safety Standards and Safety Requirement Documents

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

4. (1) The definitions “diagnostic specimen”, “risk group” and “water capacity” in section 1.4 of the Regulations are repealed.

(2) The italicized text after the definitions “consignment”, “gross mass”, “infectious substance” and “risk group” in section 1.4 of the Regulations is struck out.

(3) The definitions “biological product”, “49 CFR”, “classification”, “consignment”, “gross mass”, “ICAO Technical Instructions”, “IMDG Code”, “infectious substance”, “large means of containment”, “Manual of Tests and Criteria”, “net explosives quantity”, “person”, “road vehicle”, “small means of containment”, “Supplement to the ICAO Technical Instructions” and “UN Recommendations” in section 1.4 of the Regulations are replaced by the following:

(4) The italicized text after paragraph (b) of the definition “class” in section 1.4 of the Regulations is replaced by the following:

For example, Class 6.1 is division 1 of Class 6. Not all classes have divisions. Note that for explosives, as required in section 3.5, the compatibility letter must be next to the primary class number, for example, Class 1.1A or Class 1.4S.

(5) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:

5. The first paragraph of italicized text after the heading “General Provisions” before section 1.5 of the Regulations is replaced by the following:

Subsections 1.5.1(2) and 1.6(3) refer to a conflict between requirements. Aconflict 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.

6. Sections 1.5 and 1.6 of the Regulations and any italicized text are replaced by the following:

1.5 Applicability of the Regulations

Unless otherwise stated in sections 1.15 to 1.48 of this Part or in Schedule 1 or 2, dangerous goods must be handled, offered for transport or transported in accordance with these Regulations.

1.5.1 Schedule 2: Special Provisions

(1) When there is a special provision in Schedule 2 for dangerous goods, that special provision applies.

(2) When there is a conflict between a special provision in Schedule 2 and other provisions in these Regulations, the special provision applies.

1.5.2 Schedules 1 and 3: Forbidden Dangerous Goods

(1) When 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) When the word “Forbidden” is shown for dangerous goods in column 8 or 9 of Schedule 1, a person must not offer for transport or transport the dangerous goods by the means of transport set out in the heading of that column.

1.6 Schedule 1: Quantity Limits in Columns 8 and 9

(1) When there is a number shown in column 8 of Schedule 1, that number is a quantity limit for the corresponding dangerous goods in column 2 and a person must not load dangerous goods that exceed the quantity limit in that column onto a passenger carrying ship or transport dangerous goods that exceed the quantity limit on a road vehicle or a railway vehicle on board a passenger carrying ship. Dangerous goods exceed the quantity limit if

(a) in the case of a solid, they have a mass that is greater than the number when that number is expressed in kilograms;

(b) in the case of a liquid, they have a volume that is greater than the number when that number is expressed in litres;

(c) in the case of a gas, including a gas in a liquefied form, they are contained in one or more means of containment the total capacity of which is greater than the number when that number is expressed in litres; and

(d) in the case of an explosive

(i) not subject to special provision 85 or 86, they have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or

(ii) subject to special provision 85 or 86, they exceed 100 articles.

(2) When there is a number shown in column 9 of Schedule 1, that number is a quantity limit for the corresponding dangerous goods in column 2 and a person must not offer for transport or transport by passenger carrying road vehicle or passenger carrying railway vehicle dangerous goods that exceed the quantity limit in that column. Dangerous goods exceed the quantity limit if

(a) in the case of a solid, they have a mass that is greater than the number when that number is expressed in kilograms;

(b) in the case of a liquid, they have a volume that is greater than the number when that number is expressed in litres;

(c) in the case of a gas, including a gas in a liquefied form, they are contained in one or more means of containment the total capacity of which is greater than the number when that number is expressed in litres; and

(d) in the case of an explosive

(i) not subject to special provision 85 or 86, they have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or

(ii) subject to special provision 85 or 86, they exceed 100 articles.

(3) If a quantity limit in column 8 or 9 of Schedule 1 conflicts with any other quantity limit in these Regulations, other than a quantity limit in special provisions, the quantity limit in that column takes precedence.

7. The italicized text after the heading “Special Cases” before section 1.15 of the Regulations is replaced by the following:

A number of the following sections provide exemptions for dangerous goods based on the gross mass of the dangerous goods. When appropriate, the text ensures that the exemption applies to the total of the gross masses of all of the dangerous goods on the means of transport. This means that a person who takes advantage of section 1.15 to transport 150 kg gross mass of dangerous goods on a road vehicle could not also claim the 500 kg gross mass exemption set out in section 1.16 when adding an additional 450 kg gross mass of dangerous goods (whether or not they are the same dangerous goods). Indeed, were the 450 kg gross mass added, none of the resulting 600 kg gross mass could be claimed under either the 150 kg gross mass exemption or the 500 kg gross mass exemption.

Similarly, a person who takes advantage of an exemption set out in section 1.16 to transport 300 kg gross mass of flammable liquids on a road vehicle cannot, when adding an additional 350 kg gross mass of corrosives, claim any of the resulting 650 kg gross mass as exempted under section 1.15 or 1.16.

8. Sections 1.15 to 1.17 of the Regulations and any italicized text are replaced by the following:

1.15 150 kg Gross Mass Exemption

(1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle or a ship on a domestic voyage if

(a) in the case of

(i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) dangerous goods not included in Class 2, Gases, they are in one or more small means of containment 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;

(b) except for dangerous goods included in Class 2, Gases, 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; and

(c) the gross mass of all dangerous goods

(i) transported on the road vehicle or the railway vehicle is less than or equal to 150 kg, and

(ii) transported on the ship on a domestic voyage is less than or equal to 150 kg, excluding dangerous goods in a road vehicle or railway vehicle being transported on the ship.

(2) Subsection (1) does not apply to dangerous goods that

(a) are in a quantity or concentration that requires an emergency response assistance plan;

(b) require a control or emergency temperature;

(c) are included in Class 1, Explosives, except for

(i) UN numbers UN0044, UN0105, UN0131, UN0161, UN0173, UN0186, UN0191, UN0197, UN0276, UN0312, UN0323, UN0335 if classified as a consumer firework, UN0336, UN0337, UN0351, UN0373, UN0404, UN0405, UN0431, UN0432, UN0454 and UN0499, and

(ii) UN numbers UN0012, UN0014 and UN0055 if the cartridges are for shotguns or, in the case of cartridges for rifles or pistols, the calibre is less than 12.7 mm (50 calibre);

(d) are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;

(e) are included in Class 2.3, Toxic Gases;

(f) are included in Class 4, Flammable Solids, and Packing Group I;

(g) are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6 of Schedule 1;

(h) are liquids included in Class 6.1, Toxic Substances, and Packing Group I;

(i) are included in Class 6.2, Infectious Substances; or

(j) are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.

1.16 500 kg Gross Mass Exemption

(1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle or a ship on a domestic voyage if

(a) in the case of

(i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) dangerous goods not included in Class 2, Gases, they are in one or more means of containment

(A) each of which has a gross mass less than or equal to 30 kg and 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, or

(B) that are drums in compliance with the requirements of section 5.12 of Part 5, Means of Containment, for transporting dangerous goods in drums;

(b) the gross mass of all dangerous goods

(i) transported on the road vehicle or the railway vehicle is less than or equal to 500 kg, and

(ii) transported on the ship on a domestic voyage is less than or equal to 500 kg, excluding the dangerous goods in a road vehicle or railway vehicle being transported on the ship;

(c) each means of containment has displayed on one side, other than a 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) for dangerous goods, other than dangerous goods included in Class 2, Gases, the shipping name of the dangerous goods and the marks required for them in one of the following Acts and regulations, as long as those marks are legible and visible during handling and transporting in the same manner as dangerous goods safety marks:

(A) the “Pest Control Products Act” and its regulations, or

(B) the “Hazardous Products Act” and its regulations;

(d) the dangerous goods are accompanied by a shipping document or document that is located, for a road or railway vehicle or a ship, in accordance with the requirements for location of a shipping document in sections 3.7 to 3.9 of Part 3, Documentation; and

(e) the shipping document or document referred to in paragraph (d) 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, on which a dangerous goods safety mark is required to be displayed, for each primary class, 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

(2) Subsection (1) does not apply to dangerous goods that

(a) are in a quantity or concentration that requires an emergency response assistance plan;

(b) require a control or emergency temperature;

(c) are included in Class 1, Explosives, except for

(i) explosives included in Class 1.4S, or

(ii) UN numbers UN0191, UN0197, UN0276, UN0312, UN0336, UN0403, UN0431, UN0453 and UN0493;

(d) are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;

(e) are included in Class 2.3, Toxic Gases;

(f) are included in Class 4, Flammable Solids, and Packing Group I;

(g) are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6 of Schedule 1;

(h) are liquids included in Class 6.1, Toxic Substances, and Packing Group I;

(i) are included in Class 6.2, Infectious Substances; or

(j) are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.

1.17 Limited Quantities Exemption

(1) A quantity of dangerous goods, other than explosives, is a limited quantity if

(a) the dangerous goods are in one or more means of containment 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) each means of containment has a gross mass less than or equal to 30 kg and 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 one or more means of containment each of which has a 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) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of limited quantities of dangerous goods on a road vehicle, a railway vehicle or a ship on a domestic voyage if

(a) each means of containment is marked on one side, other than a side on which it is intended to rest or to be stacked during transport, with

(i) the words “Limited Quantity” or “quantité limitée”,

(ii) the abbreviation “Ltd. Qty.” or “quant. ltée”, or

(iii) the words “Consumer Commodity” or “bien de consommation”; and

(b) the words or abbreviations are visible and legible and displayed on a contrasting background.

(3) When a limited quantity of dangerous goods is in a means of containment that is inside another means of containment, the inner means of containment is not required to be marked if

(a) the gross mass of the outer means of containment is less than or equal to 30 kg;

(b) the outer means of containment is not intended to be opened during transport; and

(c) the outer means of containment is marked, legibly and visibly on a contrasting background, with

(i) the words “Limited Quantity” or “quantité limitée”,

(ii) the abbreviation “Ltd. Qty.” or “quant. ltée”, or

(iii) the words “Consumer Commodity” or “bien de consommation”.

(4) Instead of the marking required in paragraphs (2)(a) and (3)(c), the means of containment may have displayed on it the UN numbers of the limited quantities of dangerous goods preceded by the letters “UN” placed within a diamond-shaped mark. The line forming the diamond-shaped mark must be black with a width of at least 2 mm. If the dangerous goods have different UN numbers, then the mark must be large enough to include each UN number but in any case each side must not be less than 50 mm. The UN numbers and letters must be at least 6 mm high. The line, UN numbers and letters must be on a contrasting background.

(5) When the gross mass of an accumulation of limited quantities of dangerous goods offered for transport by one consignor to one destination is greater than 500 kg,

(a) the consignor must give to the carrier a document that includes

(i) the words “Limited Quantity” or “quantité limitée”,

(ii) the abbreviation “Ltd. Qty.” or “quant. ltée”, or

(iii) the words “Consumer Commodity” or “bien de consommation”; and

(b) despite subsection (2), the reporting requirements in Part 8, Accidental Release and Imminent Accidental Release Report Requirements, must be complied with.

9. Paragraph 1.18(a) of the Regulations is amended by adding the word “or” at the end of subparagraph (i), by striking out the word “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).

10. Section 1.19 of the Regulations is replaced by the following:

1.19 Samples for Inspection or Investigation Exemption

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 one or more means of containment 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.

1.19.1 Samples Classifying, Analysing or Testing Exemption

Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training) and Part 7 (Emergency Response Assistance Plan) do not apply to samples of goods that the consignor reasonably believes to be dangerous goods, but the classification or the exact chemical composition of the goods is unknown and cannot be readily determined if

(a) in the case of

(i) samples that are reasonably believed to be a gas, including a gas in a liquefied form, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) samples that are reasonably believed not to be a gas, they are in one or more means of containment 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;

(b) the samples are in transport for the purposes of classifying, analysing or testing;

(c) the samples are believed not to contain explosives, infectious substances or radioactive materials;

(d) the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 10 kg;

(e) the samples are accompanied by a document that includes the name and address of the consignor and the words “test samples” or “échantillons d’épreuve”; and

(f) each means of containment has marked on it the words “test samples” or “échantillons d’épreuve” and the words are legible and displayed on a contrasting background.

1.19.2 Samples Demonstration Exemption

Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, do not apply to samples of dangerous goods if

(a) in the case of

(i) samples included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) samples not included in Class 2, Gases, they are in one or more means of containment 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;

(b) the samples are in transport for demonstration purposes;

(c) the samples are in the custody of an agent of the manufacturer or distributor who is acting in the course of employment;

(d) the samples are not for sale;

(e) the samples are not transported in a passenger carrying road vehicle, a passenger carrying railway vehicle, a passenger carrying aircraft or a passenger carrying ship other than a short-run ferry;

(f) the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 10 kg; and

(g) each means of containment has marked on it the words “demonstration samples” or “échantillons de démonstration” and the words are legible and displayed on a contrasting background.

11. Sections 1.21 and 1.22 of the Regulations are replaced by the following:

1.21 Agriculture: 1 500 kg Gross Mass Farm Vehicle Exemption

(1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment) and Part 6 (Training) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle licensed as a farm vehicle if

(a) in the case of

(i) dangerous goods included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) dangerous goods not included in Class 2, Gases, they are in one or more means of containment 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;

(b) the gross mass of all dangerous goods on the road vehicle is less than or equal to 1 500 kg;

(c) the dangerous goods are to be or have been used by a farmer for farming purposes;

(d) the dangerous goods are transported solely on land and the distance on public roads is less than or equal to 100 km; and

(e) 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 with a capacity greater than 46 L,

(iii) Class 2.3, Toxic Gases,

(iv) Class 6.2, Infectious Substances, or

(v) Class 7, Radioactive Materials.

(2) Despite the exemption from Part 3, Documentation, in subsection (1), when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, the dangerous goods for which the plan is required must be accompanied by a shipping document.

1.22 Agriculture: 3 000 kg Gross Mass Farm Retail Exemption

(1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle if

(a) in the case of

(i) dangerous goods included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) dangerous goods not included in Class 2, Gases, they are in one or more means of containment 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;

(b) the dangerous goods are transported solely on land between a retail place of purchase and place of destination and the distance on public roads is less than or equal to 100 km;

(c) the gross mass of all dangerous goods on the road vehicle is less than or equal to 3 000 kg;

(d) the dangerous goods are to be or have been used by a farmer for farming purposes; and

(e) 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 with a capacity greater than 46 L,

(iii) Class 2.3, Toxic Gases,

(iv) Class 6.2, Infectious Substances, or

(v) Class 7, Radioactive Materials.

(2) Despite the exemption from Part 3, Documentation, in subsection (1), when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, the dangerous goods for which the plan is required must be accompanied by a shipping document.

12. (1) The title of section 1.23 of the French version of the Regulations is replaced by the following:

1.23 Agriculture : Exemption relative aux pesticides

(2) Subparagraph 1.23(1)(b)(i) of the Regulations is replaced by the following:

(i) has a capacity that is less than or equal to 6 000 L, and

13. Section 1.24 of the Regulations is replaced by the following:

1.24 Agriculture: Anhydrous Ammonia Exemption

Part 3, Documentation, and Part 7, Emergency Response Assistance Plan, do not apply to UN1005, ANHYDROUS AMMONIA, if it is

(a) in transport solely on land and the distance on public roads is less than or equal to 100 km; and

(b) in a large means of containment with a capacity that is less than or equal to 10 000 L and is used for the field application of anhydrous ammonia.

14. Sections 1.26 and 1.27 of the Regulations and any italicized text are replaced by the following:

1.26 Emergency Response Exemption

These Regulations do not apply to dangerous goods that are in quantities necessary to respond to an emergency that endangers public safety 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, Schedule 3 or, for transport by aircraft, the ICAO Technical Instructions.

1.27 Operation of a Means of Transport or a Means of Containment Exemption

(1) These Regulations do not apply to dangerous goods on a means of transport that are required for

(a) the propulsion of the means of transport and that are

(i) intended to remain on the means of transport until used, and

(ii) contained in a fuel tank permanently installed on the means of transport;

(b) the safety of individuals on board the means of transport;

(c) the operation or safety of the means of transport including, while installed in the means of transport and used or likely to be used for purposes related to transport, air bags, air brakes, flares, lighting, shock absorbers or fire extinguishers; or

(d) ventilation, refrigeration or heating units that are necessary to maintain environmental conditions within a means of containment in transport on the means of transport and are intended to remain with the units or on the means of transport until used.

(2) The exemption in subsection (1) does not apply to

(a) ammunition; or

(b) dangerous goods being delivered to a destination and from which a portion is drawn off during transport for propulsion of the means of transport.

Paragraph (b) is intended to exclude from this exemption dangerous goods that are in transport on a means of transport and from which a portion is used to propel the means of transport. An example is a tank truck delivering liquefied natural gas that uses part of that load of gas to propel the vehicle.

15. (1) The portion of section 1.28 of the Regulations after the title and before paragraph (a) is replaced by the following:

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, producer or user of the dangerous goods if

(2) Subparagraph 1.28(b)(i) of the Regulations is replaced by the following:

(i) the placard for the primary class of each of the dangerous goods, or

(3) Paragraphs 1.28(c) and (d) of the Regulations are replaced by the following:

(c) the dangerous goods are in one or more means of containment 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 local police are advised, in writing, of the nature of the dangerous goods no more than 12 months in advance of the transport.

16. Section 1.29 of the Regulations is replaced by the following:

1.29 Dangerous Goods in an Instrument or in Equipment Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of 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 equipment that is not dangerous goods itself and that is designed to perform a function other than solely to contain the dangerous goods;

(b) the dangerous goods have a number in column 6 of Schedule 1 and

(i) in the case of a solid, they have a mass that is less than or equal to the number when that number is expressed in kilograms,

(ii) in the case of a liquid, they have a volume that is less than or equal to the number when that number is expressed in litres, and

(iii) in the case of a gas, including a gas in a liquefied form, they are contained in one or more means of containment whose total capacity is less than or equal to the number when that number is expressed in litres; and

(c) despite subparagraphs (b)(i) to (iii), in the case of an explosive

(i) not subject to special provision 85 or 86, the dangerous goods have a net explosives quantity that is less than or equal to the number when that number is expressed in kilograms,

(ii) subject to special provision 85, the dangerous goods are in a quantity that is less than or equal to 15 000 articles, or

(iii) subject to special provision 86, the dangerous goods are in a quantity that is less than or equal to 100 articles.

17. The title of section 1.30 of the Regulations is replaced by the following:

1.30 Marine: Short-run Ferry Exemption

18. Sections 1.31 and 1.32 of the Regulations and any italicized text are replaced by the following:

1.31 Class 1, Explosives Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 6 (Training), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting on a road vehicle or a railway vehicle dangerous goods included in Class 1, Explosives, if

(a) the quantity of all the explosives in the road vehicle or railway vehicle that are not subject to special provision 85 or 86, expressed in net explosives quantity, is less than or equal to the number shown in column 6 of Schedule 1 for each of the explosives;

For the purpose of this explanation, suppose the explosives have net explosives quantities NEQ1, NEQ2, NEQ3, etc. and have UN numbers NUM1, NUM2, NUM3, etc. This section is satisfied if the total net explosives quantity of all the explosives taken together (NEQ1+NEQ2+NEQ3+etc.) is less than or equal to the number in column 6 of Schedule 1 for NUM1, and is also less than or equal to the number in column 6 of Schedule 1 for NUM2 and is also less than or equal to the number in column 6 of Schedule 1 for NUM3, etc.

(b) the quantity of all the explosives in the road vehicle or railway vehicle that are subject to special provision 85 or 86, expressed in number of articles, is less than or equal to the number shown in special provision 85 or 86 for each of the explosives;

For the purpose of this explanation, suppose the explosives have number of articles NB1, NB2, NB3, etc. and have UN numbers NUM1, NUM2, NUM3, etc. This section is satisfied if the total number of articles of all the explosives taken together (NB1+NB2+NB3+etc.) is less than or equal to the number shown in special provision 85 or 86 for NUM1, and is also less than or equal to the number shown in special provision 85 or 86 for NUM2, and is also less than or equal to the number shown in the special provision for NUM3, etc.

(c) each means of containment has displayed on it the class, compatibility group and UN number of the explosives contained inside it; and

(d) a placard is displayed in accordance with paragraph 4.15(1)(e) of Part 4, Dangerous Goods Safety Marks, if the explosives are included in Class 1.1, 1.2, 1.3 or 1.5

(i) in any quantity exceeding 10 kg net explosives quantity, or

(ii) in any number of articles exceeding 1 000 for explosives subject to special provision 85 or 86.

1.32 Class 2, Gases, in Refrigerating Machines Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Accidental Release and Imminent Accidental Release Report Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to UN2857, REFRIGERATING MACHINES, and refrigerating machine components, containing Class 2.2, Non-flammable, Non-toxic gases or UN2672, AMMONIA SOLUTIONS, if the quantity of gas has a mass that is less than or equal to 12 kg and the quantity of ammonia solutions is less than or equal to 12 L.

Refrigerating machines include air conditioning units and machines or other appliances designed for the specific purpose of keeping food or other items at a low temperature in an internal compartment.

1.32.1 Class 2, Gases, That May Be Identified as UN1075, LIQUEFIED PETROLEUM GAS

(1) The following dangerous goods may be identified by the UN number UN1075 and the shipping name LIQUEFIED PETROLEUM GAS instead of the UN number and shipping name identified for them:

(a) UN1011, BUTANE;

(b) UN1012, BUTYLENE;

(c) UN1055, ISOBUTYLENE;

(d) UN1077, PROPYLENE;

(e) UN1969, ISOBUTANE; and

(f) UN1978, PROPANE.

(2) The shipping name of the dangerous goods listed in paragraphs (1)(a) to (f) may be shown on the shipping document, in parentheses, following the words LIQUEFIED PETROLEUM GAS.

(3) If either UN1077, PROPYLENE or UN1978, PROPANE is to be transported on a road or railway vehicle on board a ship and is identified as LIQUEFIED PETROLEUM GAS on the shipping document in accordance with subsection (1), the shipping name PROPYLENE or PROPANE, as appropriate, must be shown on the shipping document, in parentheses, following the words LIQUEFIED PETROLEUM GAS.

1.32.2 Gases, Absolute Pressure between 101.3 kPa and 280 kPa

Gases that have an absolute pressure between 101.3 kPa and 280 kPa at 20°C, other than gases included in Class 2.1 or Class 2.3, may be transported on a road vehicle, a railway vehicle or a ship on a domestic voyage as Class 2.2, Non-flammable, Non-toxic gas. In this case, the requirements of these Regulations that relate to gases included in Class 2.2 must be complied with.

1.32.3 Class 2, Gases, in Small Means of Containment Exemption

Part 3, Documentation, and Part 6, Training, do not apply to dangerous goods that are transported in one or more small means of containment on a road vehicle solely on land if

(a) the dangerous goods are

(i) UN1001, ACETYLENE, DISSOLVED,

(ii) UN1002, AIR, COMPRESSED,

(iii) UN1006, ARGON, COMPRESSED,

(iv) UN1013, CARBON DIOXIDE,

(v) UN1060, METHYLACETYLENE AND PROPADIENE MIXTURE, STABILIZED,

(vi) UN1066, NITROGEN, COMPRESSED,

(vii) UN1072, OXYGEN, COMPRESSED, or

(viii) UN1978, PROPANE;

(b) the dangerous goods are contained in no more than five small means of containment;

(c) the gross mass of the dangerous goods is less than or equal to 500 kg; and

(d) the labels displayed on the small means of containment can be seen from outside the road vehicle.

19. Sections 1.33 to 1.37 of the Regulations are replaced by the following:

1.33 Class 3, Flammable Liquids: General Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting of dangerous goods included in Class 3, Flammable Liquids, 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 in one or more small means of containment 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 Greater Than 60°C but Less Than or Equal to 93°C

Substances that have a flash point greater than 60°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, Packing Group III. In that case, the requirements of these Regulations that relate to flammable liquids that have a flash point less than or equal to 60°C must be complied with.

1.34.1 UN1203, GASOLINE, to Operate an Instrument or Equipment Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment) and Part 6 (Training) do not apply to the handling, offering for transport or transporting of UN1203, GASOLINE, that is in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the dangerous goods are in a fuel tank with a capacity less than or equal to 200 L that is permanently attached to a machine operated by fuel from that tank.

1.35 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 the handling, offering for transport or transporting on a road vehicle of dangerous goods that are 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 road vehicle and each of which has displayed on it

(i) the label or placard 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 road vehicle, the label or placard required for the dangerous goods by Part 4, Dangerous Goods Safety Marks, on a side or end that is visible from outside the road vehicle;

(b) each means of containment is secured to the road vehicle so that the required label or at least one of the required placards displayed on it 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 and Aqueous Solution of Alcohol Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Accidental Release and Imminent Accidental Release Report Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle or a ship on a domestic voyage of

(a) an alcoholic beverage if the alcoholic beverage

(i) contains alcohol that is less than or equal to 24 per cent by volume,

(ii) is included in Packing Group II and is in a means of containment with a capacity that is less than or equal to 5 L, or

(iii) is included in Packing Group III and is in a means of containment with a capacity that is less than or equal to 250 L; or

(b) an aqueous solution of alcohol if the aqueous solution has a flash point greater than 23°C and

(i) contains alcohol that is less than or equal to 50 per cent by volume and at least 50 per cent by volume of a substance that is not dangerous goods, and

(ii) is contained in a small means of containment.

20. The portion of section 1.38 of the Regulations before paragraph (a) is replaced by the following:

1.38 Polyester Resin Kit Exception

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Accidental Release and Imminent Accidental Release Report Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting of 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 D, E or F that does not require temperature control if

21. Sections 1.39 to 1.43 of the Regulations are replaced by the following:

1.39 Class 6.2, Infectious Substances, Category B Exemption

Part 3, Documentation, and Part 7, Emergency Response Assistance Plan, do not apply to the handling, offering for transport or transporting of infectious substances that are included in Category B if

(a) one external surface of the means of containment for the substances is flat and measures at least 100 mm × 100 mm;

(b) the means of containment is in compliance with Part 5, Means of Containment, and has displayed on the external surface

(i) the mark illustrated in Part 4, Dangerous Goods Safety Marks, for infectious substances included in Category B, and

(ii) the shipping name, on a contrasting background, next to the mark in letters at least 6 mm high; and

(c) the 24-hour telephone number required under paragraph 3.5(1)(f) is displayed next to the shipping name on the means of containment.

1.41 Biological Products Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of biological products if they

(a) are prepared in accordance with the requirements set out under the “Food and Drugs Act”;

(b) are in a means of containment

(i) that is a Type 1B means of containment, or

(ii) 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

(c) the means of containment is marked with the words “Biological Product” or “Produit biologique” in black letters at least 6 mm high on a contrasting background.

1.42 Human or Animal Specimens Believed Not to Contain Infectious Substances Exemption

(1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of human or animal specimens that a person has no reason to believe contain infectious substances.

Professional judgment is required to determine if a specimen is exempt under this section. Factors such as the known medical history, symptoms and individual circumstances of the source, human or animal, and endemic local conditions should be considered. Examples of specimens that may be transported under this section include

• blood or urine specimens to monitor cholesterol levels, blood glucose levels, hormone levels, prostate-specific antigens (PSA) or organ function;
• specimens to determine the presence of drugs or alcohol for insurance or employment purposes;
• pregnancy tests;
• biopsies to detect cancer; and
• specimens for antibody detection in humans or animals.

(2) The human or animal specimens referred to in subsection (1) must be in a means of containment that is marked with the words “Exempt Human Specimen” or “spécimen humain exempté” or “Exempt Animal Specimen” or “spécimen animal exempté” and

(a) that is a Type 1B means of containment or Type 1C means of containment; or

(b) 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 specimen.

1.42.1 Tissues or Organs for Transplant Exemption

These Regulations do not apply to the handling, offering for transport or transporting of tissues or organs for transplant.

1.42.2 Blood or Blood Components Exemption

(1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of blood or blood components that are intended for transfusion or for the preparation of blood products and are reasonably believed not to contain infectious substances.

(2) The blood or blood components referred to in subsection (1) must be in a means of containment

(a) that is a Type 1B means of containment or Type 1C means of containment; or

(b) 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 blood or blood components.

1.43 Class 7, Radioactive Materials Exemption

Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 9 (Road), Part 10 (Rail), Part 11 (Marine) and Part 12 (Air) do not apply to the handling, offering for transport or transporting of Class 7, Radioactive Materials, if the radioactive materials

(a) satisfy the conditions in the “Packaging and Transport of Nuclear Substances Regulations” to be transported in an excepted package;

(b) are in an excepted package; and

(c) are accompanied by a document that includes the shipping name and UN number of the radioactive materials.

22. (1) The portion of section 1.44 of the Regulations before paragraph (a) is replaced by the following:

1.44 Dangerous Goods in a Drum Exemption

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, a railway vehicle or a ship on a domestic voyage, except for dangerous goods included in Packing Group I or contained in a drum otherwise requiring a label for Class 1, 4.3, 6.2 or 7, if

(2) Paragraph 1.44(d) of the Regulations is replaced by the following:

(d) the drums are accompanied by a document that includes the following information:

(i) the primary class of each residue followed by the words “Residue Drum(s)” or “fût(s) de résidu” when the primary class can be reasonably determined, preceded by the number of drums containing dangerous goods with that primary class, and

(ii) the words “Residue Drum(s) – Content(s) Unknown” or “fût(s) de résidu – contenu inconnu” if there are any residues for which the primary class cannot be reasonably determined, preceded by the number of drums containing the residues.

23. Part 1 of the Regulations is amended by adding the following after section 1.45:

1.45.1 Marine Pollutants Exemption

Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, do not apply to substances that are classified as marine pollutants in accordance with section 2.43 of Part 2, Classification, if they are in transport solely on land by road vehicle or railway vehicle. However, substances may be identified as marine pollutants on a shipping document and the required dangerous goods safety marks may be displayed when they are in transport by road or railway vehicle.

24. Paragraph 1.46(m) of the Regulations is repealed.

25. Section 1.47 of the Regulations is replaced by the following:

1.47 UN1044, FIRE EXTINGUISHERS, Exemption

Paragraphs 5.10(1)(a) and (b) and subsection 5.10(2) of Part 5, Means of Containment, do not apply to the handling, offering for transport or transporting of UN1044, FIRE EXTINGUISHERS on a road vehicle, a railway vehicle or a ship on a domestic voyage if the fire extinguishers

(a) do not contain dangerous goods included in Class 2.3, Class 6.1 or Class 8;

(b) are contained in an outer means of containment;

(c) have a capacity less than 18 L or, if they contain liquefied gas, a capacity less than 0.6 L;

(d) have an internal pressure less than or equal to 1 650 kPa at 21°C; and

(e) are manufactured, tested, maintained, marked and used in accordance with ULC Standard S504, ULC Standard S507, ULC Standard S512 or ULC Standard S554.

1.48 Air Ambulance Exemption

These Regulations, except for Part 8, Accidental Release and Imminent Accidental Release Report Requirements, do not apply to dangerous goods required for patient care on an aircraft if

(a) the aircraft is configured as an air ambulance and is used only as an air ambulance;

(b) the transport of the dangerous goods is not forbidden in Schedule 1, Schedule 3 or the ICAO Technical Instructions;

(c) the dangerous goods are under the control of a health care professional or a person who is trained in accordance with Part 6, Training;

(d) in the case of

(i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, or

(ii) dangerous goods not included in Class 2, Gases, they are in one or more small means of containment 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

(e) the means of containment are secured to prevent unintended movement during transport.

26. (1) The entry for section 2.36 in the Table of Contents of Part 2 of the Regulations is replaced by the following:

(2) The table of Contents of Part 2 of the Regulations is amended by adding the following after the entry for section 2.5:

(3) The entries for Appendices 4 and 5 in the Table of Contents of Part 2 of the Regulations are repealed.

27. (1) The term “ risk group ” in the italicized list after the heading “ Definitions ” in Part 2 of the Regulations is struck out.

(2) The italicized list after the heading “ Definitions ” in Part 2 of the Regulations is amended by adding the following in alphabetical order:

Category A

Category B

culture

28. The italicized text after subsection 2.2(6) of the Regulations is replaced by the following:

When reading sections 2.3 to 2.6, it is useful to remember that the word “classification” is defined in Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases, and means, as applicable, the shipping name, the primary class, the compatibility group, the subsidiary class, the UN number, the packing group and the infectious substance category.

29. Paragraph 2.5(c) of the English version of the Regulations is replaced by the following:

(c) the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and for which the corresponding data in columns 1, 3 and 4 are the most consistent with the primary class, the potential subsidiary class or classes and the potential packing group is selected; and

30. Part 2 of the Regulations is amended by adding the following after section 2.5:

2.5.1 Descriptive Text Following a Shipping Name

When applying section 2.4 or 2.5, the descriptive text written in lower case letters following a shipping name must be used in determining the shipping name that most precisely describes the dangerous goods.

31. Paragraph 2.13(a) of the Regulations is replaced by the following:

(a) a gas included in one of the three divisions set out in section 2.14;

32. Paragraph 2.18(1)(a) of the Regulations and the italicized text after it are replaced by the following:

(a) have a flash point less than or equal to 60ºC using the closed-cup test method referred to in Chapter 2.3 of the UN Recommendations; or

A flash point of 65.6°C, using the open-cup test method referred to in Chapter 2.3 of the UN Recommendations, is equivalent to 60°C using the closed-cup test.

33. Paragraph 2.19(2)(b) of the French version of the Regulations is replaced by the following:

b) s’avère être le groupe d’emballage II ou III, ou lorsqu’il est raisonnable de croire que c’est le groupe d’emballage II ou III, l’expéditeur peut inclure la marchandise dangereuse dans le groupe d’emballage II; toutefois, si la matière possède les mêmes caractéristiques que UN1203, ESSENCE, la matière peut aussi être transportée sous le groupe d’emballage II.

34. (1) Paragraph 2.28(a) of the Regulations is replaced by the following:

(a) due to oral toxicity if its LD₅₀ (oral) is less than or equal to 300 mg/kg;

(2) Subparagraph 2.28(c)(i) of the Regulations is replaced by the following:

(i) by dust or mist if dust or mist is likely to be produced in a transport accident and its LC₅₀ (inhalation) is less than or equal to 4 mg/L, or

35. (1) Subparagraph 2.29(2)(a)(iii) of the Regulations is replaced by the following:

(iii) Packing Group III, if the LD₅₀ (oral) is greater than 50 mg/kg but less than or equal to 300 mg/kg;

(2) Paragraphs 2.29(2)(b) and (c) of the Regulations are replaced by the following:

(b) dermal toxicity are included in one of the following packing groups:

(i) Packing Group I if the LD₅₀ (dermal) is less than or equal to 50 mg/kg,

(ii) Packing Group II if the LD₅₀ (dermal) is greater than 50 mg/kg but less than or equal to 200 mg/kg, or

(iii) Packing Group III if the LD₅₀ (dermal) is greater than 200 mg/kg but less than or equal to 1 000 mg/kg;

(c) inhalation toxicity by dust or mist are included in one of the following packing groups:

(i) Packing Group I if the LC₅₀ (inhalation) is less than or equal to 0.2 g/L,

(ii) Packing Group II if the LC₅₀ (inhalation) is greater than 0.2 mg/L but less than or equal to 2 mg/L, or

(iii) Packing Group III if the LC₅₀ (inhalation) is greater than 2 mg/L but less than or equal to 4 mg/L; or

36. Sections 2.36 and 2.37 of the Regulations and any italicized text are replaced by the following:

2.36 Infectious Substances

Assistance for classifying infectious substances may be obtained from the Director, Office of Laboratory Security, Public Health Agency of Canada, or from the Director, Biohazard Containment and Safety, Canadian Food Inspection Agency.

An infectious substance is defined in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, as “a substance known or reasonably believed to contain viable micro-organisms such as bacteria, viruses, rickettsia, parasites, fungi and other agents such as prions that are known or reasonably believed to cause disease in humans or animals and that are listed in Appendix 3 to Part 2, Classification, or that exhibit characteristics similar to a substance listed in Appendix 3”.

(1) Substances are included in Class 6.2, Category A or Category B if they are infectious substances and are listed in Appendix 3 to this Part or exhibit characteristics similar to a substance listed in that appendix.

(2) Infectious substances that are included in Category A and that are in a form other than a culture may be handled, offered for transport or transported as Category B in accordance with the conditions set out in paragraphs 1.39(a) to (c) of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases.

(3) Despite subsection (2), the following infectious substances included in Category A, and any substance that exhibits characteristics similar to these substances, must always be handled, offered for transport or transported as Category A:

(a) Crimean-Congo Hemorrhagic fever virus;

(b) Ebola virus;

(c) Flexal virus;

(d) Guanarito virus;

(e) Hantaviruses causing hemorrhagic fever with renal syndrome;

(f) Hantaviruses causing pulmonary syndrome;

(g) Hendra virus;

(h) Herpes B virus (Cercopithecine Herpesvirus-1);

(i) Junin virus;

(j) Kyasanur Forest virus;

(k) Lassa virus;

(l) Machupo virus;

(m) Marburg virus;

(n) Monkeypox virus;

(o) Nipah virus;

(p) Omsk hemorrhagic fever virus;

(q) Russian Spring – Summer encephalitis virus;

(r) Sabia virus; and

(s) Variola (smallpox virus).

Class 7, Radioactive Materials

2.37 General

Substances defined as Class 7, Radioactive Materials in the Packaging and Transport of Nuclear Substances Regulations are included in Class 7, Radioactive Materials.

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.

37. (1) The portion of paragraph 2.43(b) of the Regulations before subparagraph (i) is replaced by the following:

(b) is not included in Class 9 in column 3 of Schedule 1 and does not meet the criteria for inclusion in any of Classes 1 to 8 and

(2) Subparagraph 2.43(b)(ii) of the Regulations is replaced by the following:

(ii) is listed in Appendix 1, Marine Pollutants, to this Part,

(3) Paragraph 2.43(b) of the Regulations is amended by adding the word “or” at the end of subparagraph (ii) and by repealing subparagraph (iv).

(4) The italicized text after subparagraph 2.43(b)(iv) of the Regulations is struck out.

(5) Subparagraph 2.43(b)(v) of the Regulations is repealed.

(6) The italicized text after subparagraph 2.43(b)(v) of the Regulations is struck out.

38. Appendices 2 to 5 to Part 2 of the Regulations and any italicized text are replaced by the following:

APPENDIX 2

DESCRIPTION OF COMPATIBILITY GROUPS CLASS 1, EXPLOSIVES

APPENDIX 3

GUIDE TO CATEGORY A AND CATEGORY B ASSIGNMENT

Infectious substances are divided into two categories: Category A and Category B. This Appendix is a list of infectious substances by category.Category A is identified by two UN numbers and shipping names, UN2814, INFECTIOUS SUBSTANCE, AFFECTING HUMANS and UN2900, INFECTIOUS SUBSTANCE, AFFECTING ANIMALS. Category B is identified by one UN number and shipping name, UN3373,BIOLOGICAL SUBSTANCE, CATEGORY B.

The lists in this Appendix are not exhaustive or complete and are provided for guidance to those who must classify infectious substances. If there is any doubt as to whether a substance is infectious or as to the category to which it must be assigned, assistance may be obtained from the Director, Office of Laboratory Security, Public Health Agency of Canada, or from the Director, Biohazard Containment and Safety, Canadian Food Inspection Agency.

An infectious substance is defined in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, as “a substance known or reasonably believed to contain viable micro-organisms such as bacteria, viruses, rickettsia, parasites, fungi and other agents such as prions that are known or reasonably believed to cause disease in humans or animals and that are listed in Appendix 3 to Part 2, Classification, or that exhibit characteristics similar to a substance listed in Appendix 3”.

If the symbol “@” appears beside an infectious substance listed in this Appendix, that infectious substance affects animals only. The UN number and shipping name are UN2900, INFECTIOUS SUBSTANCE, AFFECTING ANIMALS or UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B.

If there is no symbol “@”, the infectious substance affects humans or animals. The UN number and shipping name is UN2814, INFECTIOUS SUBSTANCE, AFFECTING HUMANS or UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B.

The item column gives sequential item numbers for the entries in this Appendix. Beside the item number in parentheses is the corresponding item number in the French-language Appendix.

Substances with an asterisk “*” against them in column 3 of the Category A list require an Emergency Response Assistance Plan in accordance with subsection 7.1(6) of Part 7, Emergency Response Assistance Plan.

UN2814,Category A — Virus and Bacteria

Virus

Bacteria

UN2900, Category A — Virus and Bacteria

Virus

Bacteria

UN3373, Category B — Virus, Bacteria and Fungi

Virus

Bacteria

Fungi

39. The term “ risk group ” in the italicized list after the heading “ Definitions ” in Part 3 of the Regulations is struck out.

40. (1) Subparagraph 3.5(1)(c)(iv) of the Regulations is replaced by the following:

(iv) the subsidiary class or classes, in parentheses, which may be shown as a number only or under the heading “subsidiary class” or “classe subsidiaire” or following the words “subsidiary class” or “classe subsidiaire”, except that for transport by aircraft or by ship the subsidiary class or classes may be shown after the information required by this paragraph,

(2) Paragraph 3.5(1)(c) of the Regulations is amended by adding the word “and” at the end of subparagraph (v) and by replacing subparagraphs (vi) and (vii) with the following:

(vi) the packing group roman numeral, which may be shown under the heading “PG” or “GE” or following the letters “PG” or “GE” or the words “Packing Group” or “Groupe d’emballage”;

(3) The italicized text after paragraph 3.5(1)(c) is replaced by the following:

GASOLINE, 3, UN1203, II

GASOLINE, Class 3, UN1203, PG II

ISOBUTYLAMINE, Class 3, Subsidiary Class (8), UN1214, II

ISOBUTYLAMINE, Class 3(8), UN1214, Packing Group II

(4) Paragraphs 3.5(1)(d) and (e) of the Regulations and any italicized text are replaced by the following:

(d) for each shipping name, the quantity of dangerous goods and the unit of measure used to express the quantity which, on a shipping document prepared in Canada, must be a unit of measure included in the International System of Units (SI) or a unit of measure acceptable for use under the SI system, except that for dangerous goods included in Class 1, Explosives, the quantity must be expressed in net explosives quantity or, for explosives with UN numbers subject to special provision 85 or 86, in number of articles or net explosives quantity;

Examples of descriptions of units of measure include “net mass, 30 kg”, “gross mass, 200 kg” or “number of objects, 1 000” or, for a gas, the volume of the means of containment in direct contact with the gas, such as “50 L”. Note that solids are normally measured in kilograms while volumes, including liquid capacities, are normally measured in litres. Using litres for this purpose is acceptable under the SI system.

(e) for dangerous goods in one or more small means of containment that require a label to be displayed on them in accordance with Part 4, Dangerous Goods Safety Marks, the number of small means of containment for each shipping name; and

(5) Subsection 3.5(6) of the Regulations is repealed.

41. The portion of paragraph 3.6(3)(a) of the Regulations before subparagraph (i) is replaced by the following:

(a) for dangerous goods in transport by ship,

42. Subsection 3.9(2) of the Regulations is replaced by the following:

(2) If dangerous goods are transported by ship on board a road vehicle that is accompanied by one or more drivers or a railway vehicle that is accompanied by one or more members of the train crew, a driver or a member of the train crew must notify the master of the ship or the marine carrier of the presence of the dangerous goods and make available to the master a copy of the shipping document. However, the shipping document must be kept, for the road vehicle, in accordance with section 3.7 and, for the railway vehicle, in the possession of a member of the train crew.

43. (1) Paragraph 3.11(1)(b) of the Regulations is replaced by the following:

(b) for dangerous goods imported into Canada, for two years after the date the consignor ensured that the carrier, on entry into Canada, had a shipping document or an electronic copy of one; and

(2) The portion of subsection 3.11(3) of the Regulations before paragraph (a) is replaced by the following:

(3) Subsection (2) does not apply to a carrier who transported dangerous goods

44. (1) The entry for section 4.9 in the Table of Contents of Part 4 of the Regulations is replaced by the following:

(2) The entry for section 4.14 in the Table of Contents of Part 4 of the Regulations is replaced by the following:

(3) The Table of Contents of Part 4 of the Regulations is amended by adding the following after the entry for section 4.22:

45. Paragraph 4.4(1)(b) of the Regulations is replaced by the following:

(b) display or ensure the display of the required dangerous goods safety marks on each large means of containment that contains the dangerous goods; and

46. Section 4.5 of the Regulations is replaced by the following:

4.5 Carrier Responsibilities

The carrier of dangerous goods must

(a) ensure that the required dangerous goods safety marks remain displayed on the small means of containment while the dangerous goods are in transport;

(b) display the required dangerous goods safety marks on the large means of containment, unless they are already displayed on it, and ensure that they remain displayed while the dangerous goods are in transport; and

(c) provide and display, or remove, the dangerous goods safety marks if the requirements for dangerous goods safety marks change while the dangerous goods are in transport.

47. Subsection 4.7(5) of the Regulations is replaced by the following:

(5) If a large means of containment contains dangerous goods included in Class 7, Radioactive Materials, and a Class 7 placard is required to be displayed in accordance with this Part, the means of containment must have displayed on it the Class 7 placard required or the appropriate optional Class 7 placard illustrated in the appendix to this Part.

48. The portion of subsection 4.8(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A UN number that is required by this Part to be displayed on a large means of containment must be displayed in black numerals not less than 65 mm high in one of the following ways:

49. Section 4.9 of the Regulations is replaced by the following:

4.9 Removal or Change of Dangerous Goods Safety Marks

(1) When dangerous goods safety marks are displayed on a means of containment in accordance with the requirements of this Part but the conditions that required the display of the dangerous goods safety marks change for any reason, the person having charge, management or control of the means of containment must determine, as a result of the new conditions, if the dangerous goods safety marks must be changed or removed.

(2) Despite subsection (1), when the DANGER placard is required or permitted to be displayed on a large means of containment and the quantity of dangerous goods to which the placard applies decreases, a person may continue to display the DANGER placard for those remaining dangerous goods, in place of any other placard, until a placard is no longer required by this Part to be displayed on the large means of containment for those dangerous goods.

50. Subsection 4.10(1) of the Regulations is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) when the dangerous goods are included in Class 2, Gases, and are contained in a combination of cylinders each with a capacity greater than 225 L that are a single unit as a result of being interconnected through a piping arrangement, and are permanently mounted on a structural frame for transport, and have a combined capacity exceeding 450 L, the combination of cylinders may be placarded as one large means of containment.

51. Subsection 4.11(1) of the Regulations is replaced by the following:

(1) When dangerous goods in transport are in a small means of containment on which a primary class label for the dangerous goods must be displayed, the shipping name of the dangerous goods must be displayed next to the primary class label.

52. Sections 4.14 and 4.15 of the Regulations are replaced by the following:

4.14 Class 7, Radioactive Material

(1) For dangerous goods included in Class 7, Radioactive Material, the label or placard required to be displayed by this Part must be determined in accordance with the “Packaging and Transport of Nuclear Substances Regulations”.

(2) For dangerous goods included in Class 7, Radioactive Material, the following information must be determined in accordance with the “Packaging and Transport of Nuclear Substances Regulations”, and must be displayed on the primary class label for the dangerous goods:

(a) the name or symbol of the radionuclide, except that if there is a mixture of radionuclides, the name or symbol of the most restrictive of the radionuclides in the mixture; and

(b) the activity and the transport index of the dangerous goods.

4.15 Dangerous Goods Safety Marks on a Large Means of Containment: Placards and UN Numbers

(1) A placard and UN number must be displayed in accordance with the following table on a large means of containment containing dangerous goods, other than a ship or an aircraft, if the dangerous goods

(a) are in a quantity or concentration for which an emergency response assistance plan (ERAP) is required;

(b) are included in Class 7, Radioactive Materials, for which a Category III — Yellow label is required;

(c) are a liquid or gas in direct contact with the large means of containment;

(d) have a gross mass greater than 500 kg; or

(e) are included in Class 1.1, 1.2, 1.3 or 1.5 and are

(i) not subject to special provision 85 or 86 and exceed 10 kg net explosives quantity, or

(ii) subject to special provision 85 or 86 and the number of articles exceeds 1 000.

TABLE

(2) If dangerous goods are in a means of containment that is inside a large means of containment and a placard is required to be displayed but that placard is not visible from outside the large means of containment, the placard must also be displayed on the large means of containment. In addition, if a UN number is required to be displayed but is not visible from outside the large means of containment, the UN number must also be displayed on the large means of containment.

(3) The placard must be displayed on each side and each end of a large means of containment, except that the placard may be displayed on

(a) a frame permanently connected to the large means of containment, such as a truck frame or a support frame of the means of containment, if the resulting positions of the placards and any associated UN numbers are equivalent to positions on each side and each end of the large means of containment; or

(b) the front of a truck, instead of on the leading end of a trailer unit of the truck.

The trailer unit of a truck includes a tank.

(4) A subsidiary class placard must be displayed on each side and each end of a large means of containment for dangerous goods for which an emergency response assistance plan is required and that have a subsidiary class of

(a) Class 1, in which case the subsidiary class placard is the one illustrated for Class 1.1, 1.2 or 1.3 in the appendix to this Part;

(b) Class 4.3 in which case the subsidiary class placard is the one illustrated for Class 4.3 in the appendix to this Part;

(c) Class 6.1 and are included in Packing Group I due to inhalation toxicity, in which case the subsidiary class placard is the one illustrated for Class 6.1 in the appendix to this Part; or

(d) Class 8 and the dangerous goods are UN2977, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, FISSILE or UN2978, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, non-fissile or fissile excepted, in which case the subsidiary class placard is the one illustrated for Class 8 in the appendix to this Part.

53. (1) Paragraph 4.17(1)(a) of the Regulations is replaced by the following:

(a) Class 1.4, except for UN0301, AMMUNITION, TEAR-PRODUCING, and are in a quantity that is less than or equal to 1 000 kg net explosives quantity; or

(2) The following italicized text is added after paragraph 4.17(1)(b) of the Regulations:

UN0301 requires an emergency response assistance plan (ERAP). The ERAP index in column 7 of Schedule 1 for UN0301 is 75.

54. (1) Subsections 4.18(1) and (2) of the Regulations are replaced by the following:

(1) When gases that are included in more than one division of Class 2, Gases, are transported together on the same road vehicle and the primary class placards or the UN numbers for those gases are required to be displayed by section 4.15, they may be replaced by the DANGER placard and the primary class placard of the most dangerous gas according to the following decreasing order and, if required by section 4.15, the UN number:

(a) toxic gas;

(b) flammable gas;

(c) oxidizing gas; and

(d) any other gas.

(2) A flammable gas placard illustrated in the appendix to this Part and, if required by section 4.15, the UN number must be displayed in accordance with this Part on a road vehicle transporting a flammable gas if

(a) a DANGER placard is displayed on the road vehicle in accordance with subsection (1); and

(b) the road vehicle is to be transported by ship.

(2) The portion of subsection 4.18(3) of the Regulations before paragraph (a) is replaced by the following:

(3) When placards are required to be displayed for any one of the following dangerous goods in accordance with subsection (1) or section 4.15, the oxidizing gas placard illustrated in the appendix to this Part must be displayed instead of the placard required for Class 2.2, Non-flammable, Non-toxic gases:

(3) Section 4.18 of the Regulations is amended by adding the following after subsection (4):

(5) When UN1005, ANHYDROUS AMMONIA, is contained in a large means of containment, the large means of containment must have displayed on it

(a) one of the following placards:

(i) until August 31, 2008, the Class 2.2, Class 2.3 or anhydrous ammonia placard, or

(ii) after August 31, 2008, the Class 2.3 or anhydrous ammonia placard; and

(b) on at least two sides, the words “Anhydrous Ammonia, Inhalation Hazard” on a contrasting background in letters with a width of at least 6 mm and a height of at least 50 mm when the anhydrous ammonia placard is displayed on it.

(6) Despite paragraph 4.15(1)(c), when dangerous goods are included in Class 2, Gases, and are contained in a combination of tubes that are a single unit as a result of being interconnected through a piping arrangement, and are permanently mounted on a structural frame for transport, the combination of tubes may be placarded as one large means of containment.

55. Paragraph 4.19(1)(b) of the Regulations is replaced by the following:

(b) each placard and UN number displayed in accordance with paragraph (a) must be displayed on each end of the compartmentalized large means of containment but each specific placard need only be displayed once on each end.

56. Section 4.22 of the Regulations is amended by adding the following after subsection (2):

(3) The placard and UN number are not required to be displayed for substances identified as marine pollutants in subparagraph 2.43(b)(ii) when the marine pollutant mark is not required to be displayed in accordance with subsection (2).

57. Part 4 of the Regulations is amended by adding the following after section 4.22:

4.22.1 Category B Mark

The Category B mark illustrated in the appendix to this Part must be displayed on small means of containment containing infectious substances included in UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B.

58. The appendix to Part 4 of the Regulations is amended by adding the following after the text after the subheading “Class 2.3, Toxic Gases”:

Label and Placard for UN1005, ANHYDROUS AMMONIA

Black: Number, symbol and line 12.5 mm inside the edge

White: Background

The symbol is a gas cylinder.

59. The appendix to Part 4 of the Regulations is amended by adding the following after the text after the subheading “Category III — Yellow” after the subheading “Class 7, Radioactive Materials”:

Class 7, Radioactive Materials

Label

Black: Number, text, outline of the box in lower half and line through the centre of the label

White: Background

60. The description of “Size” after the subheading “MARINE POLLUTANT MARK” after the heading “MARKS” in the appendix to Part 4 of the Regulations is replaced by the following:

Size: For small means of containment, an isosceles triangle with each side at least 100 mm in length. For large means of containment, an isosceles triangle with each side at least 250 mm in length.

61. The appendix to Part 4 of the Regulations is amended by adding the following after the text after the subheading “MARINE POLLUTANT MARK” after the heading “MARKS”:

CATEGORY B MARK

Black: Letters and numbers at least 6 mm high and line with a width of at least 2 mm

White: Background except that the background may be the colour of the means of containment if it contrasts with the letters, numbers and line

Size: Square on point (diamond-shaped) with each side at least 50 mm

62. (1) The entry for section 5.9 in the Table of Contents of Part 5 of the Regulations is struck out.

(2) The entry for section 5.15 in the Table of Contents of Part 5 of the Regulations is struck out.

(3) The Table of Contents of Part 5 of the Regulations is amended by adding the following after the entry for section 5.16:

63. (1) The terms “ diagnostic specimen ”, “ risk group ” and “ water capacity ” in the italicized list after the heading “ Definitions ” in Part 5 of the Regulations are struck out.

(2) The italicized list after the heading “ Definitions ” in Part 5 of the Regulations is amended by adding the following in alphabetical order:

capacity

Category A

Category B

culture

Type 1A means of containment

Type 1B means of containment

Type 1C means of containment

64. Subsection 5.1(3) of the Regulations is replaced by the following:

(3) A person must not handle, offer for transport or transport dangerous goods in a means of containment that is required or permitted by this Part unless the means of containment 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.

65. Section 5.5 of the Regulations is replaced by the following:

5.5 Filling Limits

The person filling a means of containment with dangerous goods

(a) must not exceed the maximum quantity limit for the means of containment established by the manufacturer or set out in a safety standard for the means of containment, whichever is the lesser; and

(b) must ensure that the means of containment could not become liquid full at any temperature less than or equal to 55°C.

66. (1) The table to subsection 5.7(1) of the Regulations is replaced by the following:

Table

(2) Subsection 5.7(2) of the Regulations is replaced by the following:

(2) For a mixed load of two or more explosives with compatibility groups C, D, E, N or S, the compatibility group of the mixed load is the first compatibility group of E, D, C, N or S present in the mixed load.

(3) Despite subsection (1), detonators in compatibility group B may be loaded or transported in the same road vehicle with explosives in compatibility group D or N. The compatibility group of the mixed load is D.

(4) Despite subsection (1), explosive articles included in compatibility group G, except for fireworks with UN number UN0333, UN0334, UN0335 or UN0336, may be loaded or transported in the same road vehicle together with explosive articles included in compatibility group C, D or E. The compatibility group of the mixed load is E.

(5) For a mixed load of two explosives with one of the compatibility groups being S, the compatibility group of the mixed load is that of the other compatibility group.

67. (1) Section 5.9 of the Regulations is repealed.

(2) The italicized text after section 5.9 of the Regulations is struck out.

68. (1) Paragraph 5.10(2)(b) of the Regulations is replaced by the following:

(b) authorized for continued use under sections 7.32 and 8.4.2 of the “Transportation of Dangerous Goods Regulations” in effect on January 1, 2001, and the conditions in those sections are complied with; or

(2) Subsection 5.10(3) of the Regulations is replaced by the following:

(3) A person must not handle, offer for transport or transport in Canada a cylinder that

(a) despite clause 6.5 of CSA B340, was manufactured in a foreign country, other than a cylinder referred to in subsection (2), unless it is being transported directly from a port of entry to the nearest location for filling or storage or is being transported directly from the filling or storage location back to the port of entry for export; or

(b) contains any dangerous goods listed in Table 5.6 of CSA B340 that are in pure form or that are part of mixtures included in Class 2.3 if the means of containment is an aluminum alloy cylinder manufactured before August 1990.

(3) Section 5.10 of the Regulations is amended by adding the following after subsection (5):

(6) In addition to the requirements of subparagraphs (1)(a)(ii) and (d)(ii), a person who uses a standardized means of containment that is required, by CSA B622, to offer for transport dangerous goods included in Class 2, Gases, must use a means of containment

(a) manufactured in accordance with CSA B620 if the means of containment is manufactured in Canada on or after August 31, 2008; and

(b) tested and inspected in accordance with CSA B620 when the most recent periodic re-test or periodic inspection is performed in Canada on or after August 31, 2008.

69. Subparagraph (a)(ii) of the first item to the table to subsection 5.11(1) of the Regulations in column 2 is replaced by the following:

70. (1) Section 5.14 of the Regulations is renumbered as subsection 5.14(1).

(2) Subparagraph 5.14(1)(a)(ii) of the Regulations is replaced by the following:

(ii) CSA B621 and, despite any indication to the contrary in CSA B620, Appendices A and B of CSA B620,

(3) Subparagraph 5.14(1)(a)(iv) of the Regulations is replaced by the following:

(iv) if the means of containment is an IM 101 or IM 102 portable tank, the requirements of Subpart B of Part 172 and section 173.32 of 49 CFR;

(4) Subparagraph 5.14(1)(b)(iv) of the Regulations is replaced by the following:

(iv) if the means of containment is an IM 101 or IM 102 portable tank, the requirements of Subpart B of Part 172 and section 173.32 of 49 CFR and of the dynamic longitudinal impact test in section 7 of CGSB-43.147;

(5) Subparagraph 5.14(1)(d)(v) of the Regulations and any italicized text are replaced by the following:

(v) if the means of containment is an IM 101 or IM 102 portable tank, the requirements of Subpart B of Part 172 and section 173.32 of 49 CFR.

(6) Section 5.14 of the Regulations is amended by adding the following after subsection (1):

(2) In addition to the requirements of subparagraphs (1)(a)(ii) and (d)(iii), a person who uses a standardized means of containment that is required by CSA B621 to offer for transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 must use a means of containment

(a) manufactured in accordance with CSA B620 if the means of containment was manufactured in Canada on or after August 31, 2008; and

(b) tested and inspected in accordance with CSA B620 when the most recent periodic re-test or periodic inspection is performed in Canada on or after August 31, 2008.

(3) Despite clause 2.1.6 of CGSB-43.147, every reference in CGSB-43.147 to the Association of American Railroads publication M-1002-2000, “Specifications for Tank Cars”, must be read as M-1002-2003, “Specifications for Tank Cars”, published by the Association of American Railroads, October 2003.

(4) The requirements of clause 30.8.2 of CGSB-43.147 do not apply to

(a) UN2448, MOLTEN SULFUR;

(b) UN3257, ELEVATED TEMPERATURE LIQUID, N.O.S; or

(c) UN3258, ELEVATED TEMPERATURE SOLID, N.O.S.

71. Section 5.15 of the Regulations is repealed.

72. Section 5.16 of the Regulations is replaced by the following:

5.16 Means of Containment for Class 6.2, Infectious Substances

(1) A person must handle, offer for transport or transport dangerous goods included in Category A or Category B of Class 6.2, Infectious Substances, in a means of containment listed for them in column 2, 3 or 4 of the table to this section.

(2) Despite subsection (1), a Type 1A means of containment may be used in all cases.

Type 1A, 1B and 1C means of containment are defined in Part 1, Coming into Force, Interpretation, General Provisions and Special Cases.

Table

5.16.1 Additional Requirements for Type 1B Means of Containment

A Type 1B means of containment must be

(a) capable of passing

(i) for liquid substances, the internal pressure test set out in section 4.4 of CGSB-43.125, and

(ii) the drop test set out in section 4.5 of CGSB-43.125 except that the height of the drop test may be 1.2 m;

(b) in compliance with clause 4.2.1(iii) of CGSB-43.125 regarding the requirements for multiple primary means of containment in a single secondary means of containment except that only fragile primary means of containment must be separated or wrapped individually; and

(c) in compliance with the requirements in section 4.2.2.1 of CGSB-43.125 when it contains a means of cooling the contents.

73. The italicized list after the heading “ Definitions ” in Part 7 of the Regulations is amended by adding the following in alphabetical order:

capacity

74. Section 7.1 of the Regulations and any italicized text are replaced by the following:

7.1 Requirement for an Emergency Response Assistance Plan (ERAP)

Subsection (1) deals with a quantity of dangerous goods having the same UN number in one means of containment. If the quantity of dangerous goods exceeds the ERAP limit, an ERAP is required regardless of the size of the means of containment.

Subsection (2) deals with an accumulation of dangerous goods in means of containment that each have a capacity greater than 10 per cent of the ERAP limit in column 7 of Schedule 1.

Subsection (3) deals with a quantity of one or more dangerous goods from one of the classes listed in paragraphs (a) to (e) of that subsection that are in one or more means of containment.

(1) A person who offers for transport or imports a quantity of dangerous goods that have the same UN number in one means of containment must have an approved ERAP when the quantity of dangerous goods exceeds the ERAP limit referred to in subsection (4) for those dangerous goods.

(2) A person who offers for transport or imports a quantity of dangerous goods that have the same UN number and are contained in one or more means of containment, each of which has a capacity that is greater than 10 per cent of the ERAP limit in column 7 of Schedule 1, must have an approved ERAP if the total quantity of dangerous goods exceeds the ERAP limit referred to in subsection (4) for those dangerous goods.

(3) A person who offers for transport or imports, in a road vehicle or railway vehicle, a quantity of dangerous goods that have one or more UN numbers, are included in only one of the following classes and are contained in one or more means of containment must have an approved ERAP if the total quantity of those dangerous goods exceeds the ERAP limit referred to in subsection (4) for at least one of the UN numbers:

(a) Class 1, Explosives, and when the quantities of explosives are expressed in net explosives quantity and number of articles, one kilogram net explosives quantity must be counted as 100 articles and each 100 articles must be counted as one kilogram net explosives quantity;

(b) Class 3, Flammable Liquids, with a subsidiary class of Class 6.1, Toxic Substances;

(c) Class 4, Flammable Solids, Substances Liable to Spontaneous Combustion, Substances That on Contact with Water Emit Flammable Gases (Water-reactive Substances);

(d) Class 5.2, Organic Peroxides, that are Type B or Type C; and

(e) Class 6.1, Toxic Substances, that are included in Packing Group I.

(4) A quantity of dangerous goods that have the same UN number exceeds the ERAP limit if the dangerous goods have an index number in column 7 of Schedule 1 and

(a) if a solid, have a mass that is greater than the index number when that number is expressed in kilograms;

(b) if a liquid, have a volume that is greater than the index number when that number is expressed in litres;

(c) if a gas, including a gas in a liquefied form,

(i) are contained in a means of containment that has a capacity greater than the index number when the index number is less than or equal to 100 and is expressed in litres, or

(ii) are contained in one or more means of containment at least one of which has a capacity greater than 100 L and the total capacity of all means of containment is greater than the index number when the index number is greater than 100 and is expressed in litres; or

(d) if an explosive

(i) not subject to special provision 86, have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or

(ii) subject to special provision 86, are in a quantity greater than the number of articles listed for the explosive.

(5) A person who offers for transport or imports, in a single train, 34 or more rail tank cars containing dangerous goods with a UN number of UN1202, UN1203 or UN1863 must have an approved ERAP if

(a) two or more of the rail tank cars are interconnected so that the loading or unloading of more than one tank car can be done from the first or last of the interconnected rail tank cars; and

(b) the rail tank cars are on average 70 per cent full.

(6) A person who offers for transport or imports any quantity of the following Class 6.2, Infectious Substances, or any substance that exhibits characteristics similar to these substances, must have an approved ERAP:

(a) Crimean-Congo Hemorrhagic fever virus;

(b) Ebola virus;

(c) Foot and mouth virus cultures;

(d) Guanarito virus;

(e) Hendra virus;

(f) Herpes B virus (Cercopithicene Herpesvirus-1) cultures;

(g) Junin virus;

(h) Kyasanur Forest virus;

(i) Lassa virus;

(j) Machupo virus;

(k) Marburg virus;

(l) Nipah virus;

(m) Omsk hemorrhagic fever virus;

(n) Russian Spring-Summer encephalitis virus;

(o) Sabia virus; and

(p) Variola (smallpox virus).

(7) Despite subsections (1) to (3), a person who offers for transport or imports dangerous goods, other than a manufacturer or producer, may show on the shipping document the ERAP number of another person, with that other person’s permission, if that plan applies to the dangerous goods being transported and to the area in which the dangerous goods will be transported, for

(a) dangerous goods that originate from outside Canada and are transported through Canada to a destination outside Canada; or

(b) dangerous goods that are being returned to the manufacturer or producer.

(8) Whether or not another person’s ERAP number is shown on a shipping document in accordance with subsection (7), the person who offers for transport or imports dangerous goods remains responsible for emergency response assistance as required under the Act.

(9) Any substance that would require an ERAP when a classification is determined in accordance with Part 2, Classification, requires an emergency response assistance plan when a classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used as permitted under section 1.10 of Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases.

75. (1) The portion of class 1 of the table to subsection 8.1(1) of the Regulations under the column heading “Quantity” is replaced by the following:

(2) The portion of class 6.2 of the table to subsection 8.1(1) of the Regulations under the column heading “Quantity” is replaced by the following:

76. Paragraph 8.1(5)(h) of the Regulations is replaced by the following:

(h) for Class 1, Explosives, and Class 6.2, Infectious Substances, CANUTEC at 613-996-6666; and

77. The Table of Contents of Part 9 of the Regulations is amended by adding the following after the entry for section 9.4:

78. (1) Subparagraph 9.1(1)(a)(iii) of the Regulations is replaced by the following:

(iii) the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name “Consumer commodity”, and

(2) Subsection 9.1(1) of the Regulations is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) on or after August 31, 2008, the labels and placards displayed for dangerous goods included in Class 2.3 or Class 6.1 are the labels and placards required in these Regulations for the dangerous goods. The labels and placards may be displayed before August 31, 2008.

(3) Subsection 9.1(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply to dangerous goods that

(a) are forbidden for transport by these Regulations;

(b) are not regulated by 49 CFR but are regulated by these Regulations;

(c) are transported under an exemption issued in accordance with Subpart B of Part 107 of 49 CFR; or

(d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.

79. Subsection 9.2(3) of the Regulations is replaced by the following:

(3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility, by a road vehicle, the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.

80. Subsection 9.3(3) of the Regulations is replaced by the following:

(3) When dangerous goods are transported to or from a ship, a port facility or a marine terminal by a road vehicle, the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.

81. Part 9 of the Regulations is amended by adding the following after section 9.4:

9.5 Maximum Net Explosives Quantity in a Road Vehicle

The total net explosives quantity of all explosives that are transported together in a road vehicle must be less than or equal to the following limits:

(a) 25 kg if any of the explosives are UN0190, SAMPLES, EXPLOSIVE;

(b) 2 000 kg if any of the explosives are included in Class 1.1A; and

(c) 20 000 kg.

82. The entry for section 10.5 of the Table of Contents of Part 10 of the Regulations is struck out.

83. (1) Subparagraph 10.1(1)(a)(iii) of the Regulations is replaced by the following:

(iii) the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name “Consumer commodity”, and

(2) Subsection 10.1(1) of the Regulations is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) on or after August 31, 2008, the labels and placards displayed for dangerous goods included in Class 2.3 or 6.1 are the labels and placards required in these Regulations for the dangerous goods. The labels or placards may be displayed before August 31, 2008.

(3) Subsection 10.1(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply to dangerous goods that

(a) are forbidden for transport by these Regulations;

(b) are not regulated by 49 CFR but are regulated by these Regulations;

(c) are transported under an exemption issued in accordance with Subpart B of Part 107 of 49 CFR; or

(d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.

84. Subsection 10.2(3) of the Regulations is replaced by the following:

(3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility, by railway vehicle, the railway vehicle, or any means of containment visible from outside the railway vehicle must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.

85. Subsection 10.3(3) of the Regulations is replaced by the following:

(3) When dangerous goods are transported to or from a ship, a port facility or a marine terminal by railway vehicle, the railway vehicle or any means of containment visible from outside the railway vehicle must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.

86. Section 10.5 of the Regulations is repealed.

87. Section 10.6 of the Regulations is replaced by the following:

10.6 Location of Placarded Railway Vehicle in a Train

(1) Unless it is likely to have a serious impact on train dynamics, a person must not, in a train, locate a railway vehicle that contains dangerous goods described in column 1 of the table to this subsection for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks, next to a railway vehicle described in the same row in column 2.

Table

(2) Dangerous goods that are being transported in railway vehicles in a train from the United States to Canada or from the United States through Canada to a place outside Canada may be located in the train in accordance with sections 174.84 and 174.85 of 49 CFR.

88. (1) The portion of subsection 10.7(3) of the Regulations before paragraph (b) is replaced by the following:

(3) If a person couples a tank car that contains dangerous goods for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks, with another railway vehicle and the three conditions in any one of the four rows set out in the table to this subsection apply, the person must

(a) visually inspect the underframe assembly and coupling and cushioning components of the tank car to ensure their integrity before the tank car is moved more than 2 km from the place where the coupling occurred; and

(2) Section 10.7 of the Regulations is amended by adding the following after subsection (3):

Table

(3) Subsection 10.7(4) of the Regulations is replaced by the following:

(4) The owner of a tank car who receives the report must not use the tank car or permit the tank car to be used to transport dangerous goods, other than the dangerous goods that were contained in the tank car at the time of the coupling, until the tank car undergoes

(a) a visual inspection and a structural integrity inspection in accordance with paragraph 25.5.6(a) and clause 25.5.7 of CGSB-43.147; and

(b) for a tank car equipped with a stub sill, a stub sill inspection covering at least the following areas:

(i) the termination of the stub sill reinforcement pad closest to the mid-point of the tank car and associated welds for a 30 cm length from that point back towards the other end of the pad,

(ii) all welds

(A) connecting the head brace to the stub sill,

(B) between the head brace and the head reinforcement pad, and

(C) between the tank and the head reinforcement pad and, if the head reinforcement pad is connected to the stub sill reinforcement pad, 2.5 cm past that connection towards the centre of the tank,

(iii) all metal of the stub sill assembly, other than welds, from the body bolster to the coupler, and

(iv) the draft gear pocket.

(5) This section does not apply if either the tank car or the other railway vehicle that was coupled is equipped with a cushioning device designed for a displacement of 15 cm or more in compression and capable of limiting the maximum coupler force to 453 600 kg when impacted at 16.1 km/h (10 mph) by a railway vehicle having a gross mass of 99 792 kg.

89. The portion of the third paragraph of italicized text after the heading “ Background ” that follows the Table of Contents and before the list of terms in Part 11 of the Regulations is replaced by the following:

There are some terms used in this Part that are not defined in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, but that were defined in the “Canada Shipping Act” and regulations made under that Act. The terms as they read immediately before that Act was repealed on July 1, 2007 were:

90. (1) The portion of subsection 11.1(2) of the Regulations before paragraph (a) is replaced by the following:

(2) In addition to the requirements in subsection (1), a person who handles, offers for transport or transports dangerous goods by ship must do so in accordance with the following provisions of these Regulations:

(2) Subparagraph 11.1(2)(c)(iv) of the Regulations is replaced by the following:

(iv) section 5.10, Means of Containment for Class 2, Gases, and section 5.11, Aerosol Containers for Class 2, Gases; and

(3) Subsection 11.1(3) of the Regulations is replaced by the following:

(3) The means of containment used to transport the dangerous goods must be 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.

91. (1) The entry for section 12.7 in the Table of Contents of Part 12 of the Regulations is struck out.

(2) The entries for sections 12.15 and 12.16 in the Table of Contents to Part 12 of the Regulations are struck out.

92. (1) The term “ risk group ” in the italicized list after the heading “ Definitions ” in Part 12 of the Regulations is struck out.

(2) The italicized list after the heading “ Definitions ” in Part 12 of the Regulations is amended by adding the following in alphabetical order:

Category A

Category B

93. Subparagraph 12.1(1)(b)(ii) of the Regulations is replaced by the following:

(ii) section 2.36, Infectious Substances,

94. Section 12.2 of the Regulations is amended by adding the word “and” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:

(b) show the information required for the dangerous goods by the ICAO Technical Instructions on a document that has, on the left and right margins, red hatchings that are oriented to the right or to the left.

95. (1) Section 12.4 of the Regulations is renumbered as subsection 12.4(1).

(2) Paragraph 12.4(1)(f) of the Regulations is replaced by the following:

(f) the explosives are placed in an inner means of containment that is a box, in metal or plastic clips or in partitions that fit snugly in an outer 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;

(3) Section 12.4 of the Regulations is amended by adding the following after subsection (1):

(2) Despite paragraph (e) of Chapter 1 of Part 8, Provisions Concerning Passengers and Crew, of the ICAO Technical Instructions, ammunition, or ammunition loaded in a firearm, with the UN number and shipping name UN0012, CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS or UN0014, CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES SMALL ARMS, BLANK may be transported on board an aircraft by a peace officer as defined in section 1 of the “Canadian Aviation Security Regulations” or by an in-flight security officer.

96. The portion of section 12.6 of the Regulations after the title and before paragraph (a) is replaced by the following:

A person may handle or transport by aircraft in Canada toxic or infectious substances, other than toxic substances included in Class 6.1 and packing group I if

97. Section 12.7 of the Regulations is repealed.

98. (1) Subparagraph 12.9(1)(c)(iii) of the Regulations is replaced by the following:

(iii) contained in a means of containment that has displayed on it the package markings and labels required by Chapter 2, Package Markings, except for section 2.4.2, and Chapter 3, Labelling, except for section 3.2.11, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions;

(2) Paragraph 12.9(2)(b) of the French version of the Regulations is replaced by the following:

b) UN1203, ESSENCE;

(3) Paragraph 12.9(3)(a) of the Regulations is replaced by the following:

(a) contained in a small means of containment that is a drum, the drum must be securely closed and marked with one of the following manufacturer’s permanent markings when the drum has a capacity greater than 25 L and less than or equal to 230 L: TC, CTC, DOT, ICC 5A, 5B, 5C, 17C, 17E, TC-34, CTC-34, DOT-34, UN 1A1, UN 1B1, UN 1H1 or UN 6HA; or

(4) Subparagraph 12.9(3)(b)(i) of the Regulations is replaced by the following:

(i) marked with one of the following manufacturer’s permanent markings when the small means of containment has a capacity less than or equal to 25 L: UN 3A1, UN 3H1, UL or ULC,

(5) Subsection 12.9(6) of the Regulations is replaced by the following:

(6) When the Class 3, Flammable Liquids, referred to in subsection (2) are transported

(a) on board a passenger carrying aircraft, the total capacity of all the means of containment must be less than or equal to 230 L; and

(b) on board a cargo aircraft, the total capacity of each of the means of containment must be less than or equal to 230 L except for those means of containment referred to in subsection (5).

(6) The portion of subsection 12.9(7) of the Regulations before paragraph (a) is replaced by the following:

(7) The following dangerous goods must be handled, offered for transport or transported in accordance with Special Provision A87 of Chapter 3, Special Provisions, of Part 3, Dangerous Goods List and Limited Quantities Exceptions, of the ICAO Technical Instructions, and Packing Instruction 900 of Chapter 11, Class 9 – Miscellaneous Dangerous Goods, of Part 4, Packing Instructions, of the ICAO Technical Instructions:

(7) Paragraphs 12.9(8)(b) and (c) of the Regulations are replaced by the following:

(b) have a capacity less than or equal to 18 L when they are transported on board a passenger carrying aircraft; and

(c) be packed in accordance with Packing Instruction 213 of Chapter 4, Class 2 – Gases, of Part 4, Packing Instructions, of the ICAO Technical Instructions.

(8) Subparagraphs 12.9(10)(b)(i) and (ii) of the Regulations are replaced by the following:

(i) the cylinder has a capacity less than or equal to 100 L,

(ii) if the dangerous goods are transported in cylinders on board a passenger carrying aircraft, the total capacity of all the cylinders must be less than or equal to 120 L, and

(9) Paragraph 12.9(12)(d) of the Regulations is replaced by the following:

(d) the inner means of containment must be placed in an outer 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.

99. Paragraph 12.12(2)(d) of the Regulations is replaced by the following:

(d) a small means of containment 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.

100. Paragraph 12.14(2)(a) of the Regulations is replaced by the following:

(a) the dangerous goods are contained 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

101. Sections 12.15 and 12.16 of the Regulations are repealed.

102. The portion of paragraph 14.1(i) of the Regulations before subparagraph (i) is repositioned as follows:

(i) a description of the proposal for a permit for equivalent level of safety, including

103. The Table of Contents of Part 16 of the Regulations is amended by adding the following after the entry for section 16.2:

104. Part 16 of the Regulations is amended by adding the following after section 16.2:

16.3 Detention of Dangerous Goods or Means of Containment

(1) When an inspector detains dangerous goods or a means of containment under subsection 17(1) or (2) of the Act, the inspector must deliver a Detention Notice in the form following this section to the person who has charge, management or control of the dangerous goods or of the means of containment at the time they are detained.

(2) The inspector must sign and date the Notice.

(3) The detention takes effect when the Notice is signed and dated by the inspector. However, any non-compliance with the detention must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it.

(4) The detention expires 12 months after the day on which it takes effect, but it may be revoked earlier, in writing, by an inspector.

(5) A person may request a review of the detention at any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or of the means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:

(a) the name and address of the place of business of the person requesting the review;

(b) a copy of the Notice;

(c) the reasons why the detention should be revoked; and

(d) all of the information necessary to support the request for the review.

(6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

16.4 Direction to Remedy Non-compliance

(1) When an inspector directs a person, under subsection 17(3) of the Act, to take necessary measures to remedy non-compliance with the Act and these Regulations, the inspector must deliver to that person a Notice of Direction to Remedy Non-compliance in the form following this section.

(2) The inspector must sign and date the Notice.

(3) The Notice must also be signed and dated by one of the following designated persons before it is delivered to the person directed by the inspector to take the necessary measures: the Director, Compliance and Response, the Chief, Response Operations, or the Chief, Enforcement, of the Transport Dangerous Goods Directorate, Department of Transport.

(4) The direction takes effect when the Notice is signed and dated in accordance with subsections (2) and (3). However, any non-compliance with the direction must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it.

(5) The direction expires 12 months after the day on which it takes effect, but it may be revoked earlier, in writing, by an inspector.

(6) A person may request a review of the direction at any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:

(a) the name and address of the place of business of the person requesting the review;

(b) a copy of the Notice;

(c) the reasons why the direction should be revoked; and

(d) all of the information necessary to support the request for the review.

(7) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

16.5 Direction Not to Import or to Return to Place of Origin

(1) When an inspector directs, under subsection 17(4) of the Act, a person who has charge, management or control of dangerous goods or means of containment that the dangerous goods or means of containment not be imported into Canada or, if they are already in Canada, that they be returned to their place of origin, the inspector must deliver to that person a Notice of Direction Not to Import or to Return to Place of Origin in the form following this section.

(2) The inspector must sign and date the Notice.

(3) The direction takes effect when the Notice is signed and dated by the inspector. However, any non-compliance with the direction must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it.

(4) The direction expires 12 months after the day on which it takes effect, but it may be revoked earlier, in writing, by an inspector.

(5) A person may request a review of the direction at any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:

(a) the name and address of the place of business of the person requesting the review;

(b) a copy of the Notice;

(c) the reasons why the direction should be revoked; and

(d) all of the information necessary to support the request for the review.

(6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

105. (1) Col. 4 after the heading “LEGEND” of Schedule 1 to the Regulations and any italicized text are replaced by the following:

(2) Col. 6 to Col. 9 after the heading “LEGEND” of Schedule 1 to the Regulations and any italicized text are replaced by the following:

106. The heading of Col. 4 of Schedule 1 to the Regulations is replaced by the following:

Col. 4



Packing Group/
Category

107. (1) The portion of the data following UN Numbers of Schedule 1 to the Regulations in Col. 2 to Col. 10 is replaced by the following:

108. (1) Special provision 2 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 2 of Schedule 2 to the Regulations is struck out.

109. Special provisions 4 to 9 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

4 The net explosives quantity for these dangerous goods is calculated as 50% of the gross mass expressed in kilograms when the true net explosives quantity cannot reasonably be determined.

UN0333, UN0334, UN0335, UN0428, UN0429, UN0430

5 The net explosives quantity for these dangerous goods is calculated as 25% of the gross mass expressed in kilograms when the true net explosives quantity cannot reasonably be determined.

UN0336, UN0337, UN0431, UN0432

110. The italicized text after subsection (1) of special provision 23 of Schedule 2 to the Regulations is replaced by the following:

For example:

CYANIDE SOLUTION, N.O.S., Class 6.1, UN1935, PG I, toxic by inhalation

111. (1) Special provision 29 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 29 of Schedule 2 to the Regulations is struck out.

112. Paragraph (b) of special provision 32 of Schedule 2 to the Regulations is replaced by the following:

(b) the road vehicle or railway vehicle is marked on each side, in letters and numerals that are at least 6 mm wide and 100 mm high, with

(i) the letters and numerals UN2448, or

(ii) the numerals 2448 and the words MOLTEN SULPHUR, MOLTEN SULFUR or SOUFRE FONDU.

113. (1) Special provision 42 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 42 of Schedule 2 to the Regulations is struck out.

114. (1) Special provision 75 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 75 of Schedule 2 to the Regulations is struck out.

115. Special provisions 76 and 77 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

76 Despite section 5.7 of Part 5, Means of Containment, any combination of these dangerous goods included in Class 1, Explosives, may be handled, offered for transport or transported in a road vehicle if

(a) the total quantity of all the dangerous goods included in Class 1, expressed in net explosives quantity, is less than or equal to 5 kg;

(b) the total number of articles of dangerous goods subject to special provision 86 is less than or equal to 100 articles; and

(c) the operator of the road vehicle has a valid Pyrotechnic Card that has been issued to the operator by the Explosives Regulatory Division of Natural Resources Canada.

UN0027, UN0066, UN0094, UN0101, UN0105, UN0161, UN0197, UN0255, UN0305, UN0325, UN0335, UN0336, UN0337, UN0349, UN0430, UN0431, UN0432, UN0454, UN0499

116. Schedule 2 to the Regulations is amended by adding the following after special provision 80:

81 Section 5.12 of Part 5, Means of Containment, does not apply to these dangerous goods if they are handled, offered for transport or transported in a means of containment 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.

UN1841, UN1845, UN1931, UN2807, UN2969, UN2990, UN3072, UN3166, UN3171, UN3245

82 These dangerous goods require an emergency response assistance plan in accordance with subsection 7.1(5) of Part 7, Emergency Response Assistance Plan.

UN1202, UN1203, UN1863

83 Section 5.12 of Part 5, Means of Containment, does not apply to these dangerous goods if

(a) the dangerous goods are included in Packing Group II or III;

(b) the dangerous goods are in quantities less than or equal to 5 L and are in a metal or plastic means of containment;

(c) the metal or plastic means of containment is inside an outer means of containment and the gross mass of the outer means of containment is less than or equal to 40 kg;

(d) the means of containment are 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;

(e) the dangerous goods are transported in palletized loads, a pallet box or unit load device so that individual means of containment are placed or stacked and secured to the pallet by strapping, shrink- or stretch-wrapping or other suitable means; and

(f) when the dangerous goods are on a road vehicle or a railway vehicle that is to be transported by ship, the pallets, pallet boxes or unit load devices are secured inside the vehicle and the vehicle is closed.

UN1133, UN1210, UN1263, UN1866

84 The infectious substances identified in subsection 7.1(6) of Part 7, Emergency Response Assistance Plan, require an emergency response assistance plan.

UN2814, UN2900

85 Despite the index number in column 6 of Schedule 1, these dangerous goods may be handled, offered for transport or transported in accordance with section 1.31 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, when they are in a quantity that is less than or equal to 15 000 articles.

UN0044

86 Despite the index number in column 6 of Schedule 1, these dangerous goods may be handled, offered for transport or transported in accordance with section 1.31 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, when they are in a quantity that is less than or equal to 100 articles.

UN0029, UN0030, UN0121, UN0131, UN0255, UN0267, UN0315, UN0325, UN0349, UN0360, UN0361, UN0367, UN0368, UN0454, UN0455, UN0456, UN0500

87 Despite the word “Forbidden” in column 9 of Schedule 1, these dangerous goods may be transported on a passenger carrying road vehicle or a passenger carrying railway vehicle in accordance with section 1.15 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, when they are used for medical purposes during transport and are in a means of containment with a capacity less than or equal to 1 L.

UN1073

88 Despite the quantity limits in column 9 of Schedule 1 for these dangerous goods, a road vehicle is not a passenger carrying road vehicle unless the passengers in it are transported for hire or reward.

UN1202, UN1203, UN1978

89 Despite subsection 5.12(1) of Part 5, Means of ontainment, until January 1, 2010, these dangerous goods may be transported on a road vehicle or a ship on a domestic voyage in a small means of containment if the small means of containment

(a) is a welded metal tank;

(b) is used for the application of liquid tar to pavement, concrete or metallic structures and is fitted with the appropriate application equipment; and

(c) 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.

UN1999

117. The portion of English Sequence Number 145 of Schedule 3 to the Regulations in Col. 4 is replaced by the following:

118. Schedule 3 to the Regulations is amended by adding the following after English Sequence Number 365:

119. The portion of English Sequence Number 681 of Schedule 3 to the Regulations in Col. 4 is replaced by the following:

120. Schedule 3 to the Regulations is amended by adding the following after English Sequence Number 1090: