Vol. 151, No. 14 — July 12, 2017

Registration

SOR/2017-137 June 20, 2017

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)

P.C. 2017-789 June 20, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016).

Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)

Amendments

1 (1) The entry for section 1.9 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is struck out.

(2) The entry for section 1.34.1 in the Table of Contents of Part 1 of the Regulations is struck out.

(3) The Table of Contents of Part 1 of the Regulations is amended by adding the following after the entry for section 1.49:

Hot Air Balloon Cylinder Exemption ………………………… 1.50

2 (1) Paragraph 1.3(2)(d) of the Regulations is amended by adding “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

  • (v) for waste, preceded or followed by the word “WASTE” or “DÉCHET”.

(2) The italicized text after subparagraph 1.3(2)(d)(iv) of the Regulations is struck out.

(3) The second paragraph of italicized text after subparagraph 1.3(2)(j)(ii) of the Regulations is struck out.

3 The table to section 1.3.1 of the Regulations is replaced by the following:

Table

Item

Column 1

Short Form

Column 2

Safety Standard or Safety Requirement

1
(1)

ASTM D 4359

ASTM D 4359-90, "Standard Test Method for Determining Whether a Material Is a Liquid or a Solid", July 1990, published by the American Society for Testing and Materials (ASTM)

2
(2)

ASTM F 852

ASTM F 852-86, "Standard Specification for Portable Gasoline Containers for Consumer Use", June 1986, published by the American Society for Testing and Materials (ASTM)

3
(3)

CGA P-20

"Standard for Classification of Toxic Gas Mixtures", Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA)

4
(4)

CGSB-32.301

National Standard of Canada CAN/CGSB-32.301-M87, "Canola Meal", April 1987, published by the Canadian General Standards Board (CGSB)

5
(5)

CGSB-43.123

National Standard of Canada CAN/CGSB-43.123, "Aerosol containers and gas cartridges for transport of dangerous goods", published by the Canadian General Standards Board (CGSB), as amended from time to time

6
(6)

CGSB-43.125

National Standard of Canada CAN/CGSB-43.125, "Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste", published by the Canadian General Standards Board (CGSB), as amended from time to time

7
(7)

CGSB-43.126

Canadian General Standards
Board, CGSB-43.126, "Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods", published by the Canadian General Standards Board (CGSB), as amended from time to time

8
(8)

CGSB-43.146

National Standard of Canada CAN/CGSB-43.146, "Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, classes 3, 4, 5, 6.1, 8 and 9", published by the Canadian General Standards Board (CGSB), as amended from time to time

9
(9)

CGSB-43.151

Canadian General Standards Board CGSB-43.151, "Packaging, handling, offering for transport and transport of Explosives (Class 1)", published by the Canadian General Standards Board (CGSB), as amended from time to time

10
(11)

CSA B339

CSA Standard B339, "Cylinders, spheres, and tubes for the transportation of dangerous goods", published by the Canadian Standards Association (CSA), as amended from time to time

11
(12)

CSA B340

CSA Standard B340, "Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2", published by the Canadian Standards Association (CSA), as amended from time to time

12
(13)

CSA B341

CSA Standard B341, "UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods", published by the Canadian Standards Association (CSA), as amended from time to time

13
(14)

CSA B342

CSA Standard B342,
"Selection and use of UN pressure receptacles,
multiple-element gas containers, and other pressure receptacles for the transport of dangerous goods, Class 2", published by the Canadian Standards Association (CSA), as amended from time to time

14
(15)

CSA B620

CSA Standard B620, "Highway tanks and TC portable tanks for the transportation of dangerous goods", published by the Canadian Standards Association (CSA), as amended from time to time



15
(16)

CSA B621

CSA Standard B621, "Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9", published by the Canadian Standards Association (CSA), as amended from time to time

16
(17)

CSA B622

CSA Standard B622, "Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2", published by the Canadian Standards Association (CSA), as amended from time to time

17
(18)

CSA B625

CSA Standard B625, "Portable tanks for the transport of dangerous goods", published by the Canadian Standards Association (CSA), as amended from time to time




18
(19)

CSA B626

CSA Standard B626, "Portable tank Specification TC 44", published by the Canadian Standards Association (CSA), as amended from time to time

19
(32)

49 CFR

Parts 171 to 180 of Title 49 of the "Code of Federal Regulations" of the United States, as amended from time to time

20
(20)

ICAO Technical Instructions

"Technical Instructions for the Safe Transport of Dangerous Goods by Air", published by the International Civil Aviation Organization (ICAO), as amended from time to time

21
(10)

IMDG Code

Volumes 1 and 2 of the "International Maritime Dangerous Goods Code", published by the International Maritime Organization (IMO), as amended from time to time


22
(21)

ISO 2592

International Standard ISO 2592:2000(E), "Determination of flash and fire points — Cleveland open cup method", Second Edition, September 15, 2000, published by the International Organization for Standardization (ISO)



23
(22)

ISO 9328-2

International Standard ISO 9328-2, "Steel plates and strips for pressure purposes — Technical delivery conditions — Part 2: Unalloyed and low-alloyed steels with specified room temperature and elevated temperature properties", First Edition, December 1, 1991, published by the International Organization for Standardization (ISO)

24
(23)

ISO 10156

International Standard ISO 10156, "Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets", Second Edition, February 15, 1996, published by the International Organization for Standardization (ISO)

25
(24)

ISO 10298

International Standard ISO 10298, "Determination of toxicity of a gas or gas mixture", First Edition, December 15, 1995, published by the International Organization for Standardization (ISO)

26
(29)

Manual of Tests and Criteria

"Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria", published by the United Nations (UN), as amended from time to time



27
(30)

MIL-D-23119G

MIL-D-23119G, "Military Specification: Drums, Fabric, Collapsible, Liquid Fuel, Cylindrical, 500-Gallon Capacity", July 15, 1992, published by the United States Department of Defense

28
(31)

MIL-T-52983G

MIL-T-52983G, "Military Specification: Tanks, Fabric, Collapsible: 3,000, 10,000, 20,000 and 50,000 Gallon, Fuel", May 11, 1994, published by the United States Department of Defense

29
(25)

OECD Guidelines 404

OECD Guidelines for the Testing of Chemicals No. 404, "Acute Dermal Irritation/Corrosion", April 24, 2002, published by the Organization for Economic Co-operation and Development (OECD)

30
(26)

OECD Guidelines 430

OECD Guidelines for the Testing of Chemicals No. 430, "In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test Method", July 26, 2013, published by the Organization for Economic Co-operation and Development (OECD)

31
(27)

OECD Guidelines 431

OECD Guidelines for the Testing of Chemicals No. 431, "In vitro skin corrosion: reconstructed human epidermis (RHE) test method", July 26, 2013, published by the Organization for Economic Co-operation and Development (OECD)

32
(28)

OECD Guidelines 435

OECD Guideline for the Testing of Chemicals No. 435, "In Vitro Membrane Barrier Test Method for Skin Corrosion", July 19, 2006, published by the Organization for Economic Co-operation and Development (OECD)

33
(34)

Supplement to the ICAO Technical Instructions

"Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air", published by the International Civil Aviation Organization (ICAO), as amended from time to time

34
(35)

TP14850

Transport Canada Standard TP14850E, "Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and, 9, a Transport Canada Standard", 2nd Edition, October 2010, published by the Department of Transport

35
(36)

TP14877

Transport Canada Standard TP14877E, "Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard", December 2013, published by the Department of Transport

36
(37)

ULC Standard S504

National Standard of Canada CAN/ULC-S504-02, "Standard for Dry Chemical Fire Extinguishers", Second Edition, August 14, 2002, as amended January 2007, August 2007 and April 2009, published by Underwriters’ Laboratories of Canada

37
(38)

ULC Standard S507

National Standard of Canada CAN/ULC-S507-05, "Standard for Water Fire Extinguishers", Fourth Edition, February 28, 2005, as amended January 2007, published by Underwriters’ Laboratories of Canada

38
(39)

ULC Standard S512

National Standard of Canada CAN/ULC-S512-M87, "Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers", April 1987, as amended March 1989, March 1990, April 1993, September 1996, September 1997 and April 1999, and reaffirmed February 2007, published by Underwriters’ Laboratories of Canada

39
(40)

ULC Standard S554

National Standard of Canada CAN/ULC-S554-05, "Standard for Water Based Agent Fire Extinguishers", Second Edition, February 28, 2005, and reaffirmed 2010, published by Underwriters’ Laboratories of Canada



40
(33)

UN
Recommendations

"Recommendations on the Transport of Dangerous Goods", published by the United Nations (UN), as amended from time to time.


4 These Regulations are amended by adding the following after section 1.3.1:

1.3.2 Transitional Period

Despite section 1.3.1, if any of the following documents is amended after the coming into force of this section, instead of the current version of the document, the previous version of the document may be complied with for a period of six months after the day on which the current version is published:

  • (a) CGSB-43.123;
  • (b) CGSB-43.125;
  • (c) CGSB-43.126;
  • (d) CGSB-43.146;
  • (e) CGSB-43.151;
  • (f) CSA B339;
  • (g) CSA B340;
  • (h) CSA B341;
  • (i) CSA B342;
  • (j) CSA B620;
  • (k) CSA B621;
  • (l) CSA B622;
  • (m) CSA B625; and
  • (n) CSA B626.

5 (1) The definitions “Type 1A means of containment”, “Type 1B means of containment” and “Type 1C means of containment” in section 1.4 of the Regulations are repealed.

(2) The definition “aerosol container” in section 1.4 of the Regulations is replaced by the following:

aerosol container

means an article consisting of any non-refillable means of containment that contains a substance under pressure and that is fitted with a selfclosing device that allows the contents to be ejected as

  • (a) solid or liquid particles in suspension in a gas;
  • (b) a foam, paste or powder; or
  • (c) a liquid or gas. (bombe aérosol)

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

adsorbed gas

means a gas that when packaged for transport is adsorbed onto a solid porous material resulting in an internal receptacle pressure of less than 101.3 kPa at 20°C and less than 300 kPa at 50°C. (gaz adsorbé)

neutron radiation detector

means a device that detects neutron radiation and includes a device in which a gas may be contained in a hermetically sealed electron tube transducer that converts neutron radiation into a measureable electric signal. (détecteur de rayonnement neutronique)

radiation detection system

means an apparatus that contains a radiation detector as a component. (système de détection des rayonnements)

Type P620 means of containment

means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type P620 packaging or, if it is manufactured outside Canada, is in compliance with the requirements of Chapter 6.3 and Packing Instruction P620 of the UN Recommendations and the national regulations of the country of manufacture. (contenant de type P620)

Type P650 means of containment

means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type P650 packaging or, if it is manufactured outside Canada, is in compliance with the requirements of Packing Instruction P650 of the UN Recommendations and the national regulations of the country of manufacture. (contenant de type P650)

6 Section 1.9 of the Regulations is repealed.

7 Paragraph 1.15(2)(c) of the Regulations is replaced by the following:

  • (c) are included in Class 1, Explosives, except for UN numbers UN0012, UN0014, UN0044, UN0055, UN0105, UN0131, UN0161, UN0173, UN0186, UN0191, UN0197, UN0276, UN0312, UN0323, UN0335 if classified as a consumer firework, UN0336, UN0337, UN0351, UN0373, UN0378, UN0404, UN0405, UN0431, UN0432, UN0454, UN0499, UN0501, UN0503, UN0505 to UN0507, UN0509 and UN0510;

8 Section 1.29 of the Regulations is repealed.

9 Section 1.34.1 of the Regulations is repealed.

10 The portion of section 1.35 of the Regulations after the title and before paragraph (a) is replaced by the following:

Part 3 (Documentation), the UN number requirements in section 4.12 and 4.15.2 of Part 4 (Dangerous Goods Safety Marks), and Part 6 (Training) do not apply to the offering for transport, handling or transporting on a road vehicle of dangerous goods that are UN1202, DIESEL FUEL or UN1203, GASOLINE, if

11 (1) Paragraph 1.41(b) of the Regulations is replaced by the following:

  • (b) are in a means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety; and

(2) Paragraph 1.41(c) of the English version of the Regulations is replaced by the following:

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

12 Subsection 1.42(2) of the Regulations is replaced by the following:

(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 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.

13 Subsection 1.42.2(2) of the Regulations is replaced by the following:

(2) The blood or blood components referred to in subsection (1) must be in a means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the blood or blood components.

14 The portion of section 1.42.3 of the Regulations after the italicized text that follows the title and before paragraph (a) is replaced by the following:

Part 3 (Documentation), sections 4.10 to 4.12 of Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Reporting Requirements) do not apply to the offering for transport, handling, or transporting of dangerous goods that are medical waste or clinical waste if

15 (1) Subparagraph 1.44(d)(i) of the Regulations and the italicized text after it are replaced by the following:

  • (i) the primary class of each residue and 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

(2) The italicized text after subparagraph 1.44(d)(ii) of the Regulations is struck out.

16 Paragraph 1.49(1)(g) of the Regulations is replaced by the following:

  • (g) in the case of a cylinder from or for an aircraft, a flight authority, as defined in subsection 101.01(1) of the “Canadian Aviation Regulations”, has been issued in respect of the aircraft and the cylinder serves an aeronautical purpose, including a life-saving or emergency purpose.

17 Part 1 of the Regulations is amended by adding the following after section 1.49:

1.50 Hot Air Balloon Cylinder Exemption

(1) Sections 5.1, 5.2 and 5.5 and subsections 5.10(1) and (2) of Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of UN1978, PROPANE, in a cylinder on a road vehicle, a railway vehicle or a ship on a domestic voyage if

  • (a) the cylinder is for use in a hot air balloon and is marked clearly and visibly, in letters at least 5 mm high, with the words “FOR USE IN HOT AIR BALLOONS ONLY” or “POUR UTILISATION DANS LES BALLONS SEULEMENT”;
  • (b) a flight authority, as defined in subsection 101.01(1) of the “Canadian Aviation Regulations”, has been issued in respect of the hot air balloon;
  • (c) the cylinder is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of dangerous goods that could endanger public safety;
  • (d) subject to paragraph (e), the cylinder
    • (i) is manufactured, selected and used in accordance with CSA B340, except clause 5.3.1.4 of that standard,
    • (ii) is manufactured, selected and used in accordance with CSA B342,
    • (iii) is manufactured, selected and used in accordance with 49 CFR and, in the case of a requalified cylinder, is marked with the requalification markings required by CSA B339 or 49 CFR,
    • (iv) is manufactured and selected in accordance with the ADR, is marked with the symbol π (Pi) in accordance with the TPED and is used in accordance with clauses 4.1.1.2, 4.1.3, 4.1.4, 4.2, 4.3.1, 4.3.2, 4.3.7, 4.3.8, 4.3.9, 5.1.1, 5.1.2, 5.1.3(b) to (e), 5.1.8 and 5.3.1.1 of CSA B340, or
    • (v) was manufactured before January 1, 2017, and is used in accordance with clauses 4.1.1.2, 4.1.3, 4.1.4, 4.2, 4.3.1, 4.3.2, 4.3.7, 4.3.8, 4.3.9, 5.1.1, 5.1.2, 5.1.3(b) to (e), 5.1.8 and 5.3.1.1 of CSA B340; and
  • (e) the liquid phase of the propane is less than or equal to 85% of the capacity of the cylinder at 15°C.

(2) For the purposes of subparagraph (1)(d)(iv), “ADR” means the “European Agreement concerning the International Carriage of Dangerous Goods by Road”, published by the United Nations, as amended from time to time and “TPED” means the “Transportable Pressure Equipment Directive”, Directive 2010/35/EU, June 16, 2010, published by the Council of the European Union.

(3) Subject to subsection (4), a cylinder referred to in subparagraph (1)(d)(iv) or (v) must be requalified within

  • (a) 10 years after its date of manufacture; or
  • (b) 10 years after its most recent requalification date as marked on the cylinder.

(4) A cylinder that must be requalified on or before January 1, 2018 may be requalified within a 12-month grace period that starts on the day on which this section comes into force.

(5) When it is requalified, a cylinder referred to in subparagraph (1)(d)(iv) or (v) must

  • (a) be requalified with a proof pressure retest and an internal and external visual inspection in accordance with clause 24 of CSA B339 by a facility that holds a valid certificate of registration referred to in clause 25.3 of CSA B339; or
  • (b) be subjected to a periodic inspection and test in accordance with clause 19 of CSA B341.

18 The Table of Contents of Part 2 of the Regulations is amended by adding the following after the entry for section 2.21:

Polymerizing Substances ………………………… 2.21.1

19 (1) Subsection 2.19(3) of the Regulations is replaced by the following:

(3) Despite paragraph (1)(b), a viscous flammable liquid that has a flash point less than 23°C may be included in Packing Group III if

  • (a) the liquid or any separated solvent does not meet the criteria for inclusion in Class 6.1 or Class 8;
  • (b) less than 3% of the clear solvent layer separates when the solvent separation test set out in subsection 32.5.1 of Part III of the Manual of Tests and Criteria is carried out;
  • (c) the viscosity and flash-point of the liquid are in accordance with the table to this subsection; and
  • (d) the viscosity test is carried out in accordance with the procedure set out in subsection 32.4 of Part III of the Manual of Tests and Criteria or the procedure set out in ISO 2431.

(2) The table to subsection 2.19(3) of the Regulations is replaced by the following:

Table

Kinematic viscosity extrapolated ν
(at near-zero shear rate)
mm2/s at 23°C

Flow time t (seconds)

Jet diameter (mm)

Flash point, closed cup (°C)

20 < ν ≤ 80

20 < t ≤ 60

4

above 17

80 < ν ≤ 135

60 < t ≤ 100

4

above 10

135 < ν ≤ 220

20 < t ≤ 32

6

above 5

220 < ν ≤ 300

32 < t ≤ 44

6

above -1

300 < ν ≤ 700

44 < t ≤ 100

6

above -5

700 < ν

100 < t

6

No limit

(3) Section 2.19 of the Regulations is amended by adding the following after the table to subsection (3):

(3.1) If a liquid referred to in subsection (3) is a non-Newtonian substance or a flow cup method of viscosity determination is unsuitable, a variable shear-rate viscometer must be used to determine the dynamic viscosity coefficient of the liquid, at 23°C, at a number of shear rates. The values obtained must be plotted against shear rate and then extrapolated to zero shear rate. The dynamic viscosity value thus obtained, divided by the density, gives the apparent kinematic viscosity at near-zero shear rate.

20 (1) The portion of section 2.21 of the Regulations after the title and before paragraph (a) is replaced by the following:

(1) Class 4 has three divisions:

(2) Paragraph 2.21(1)(a) of the Regulations is amended by adding the following after subparagraph (iv):

  • (iv.1) polymerizing substances that, without stabilization, are liable to undergo a strongly exothermic reaction resulting in the formation of larger molecules or resulting in the formation of polymers under conditions normally encountered in transport,

(3) Section 2.21 of the Regulations is amended by adding the following after subsection (1):

(2) For the purposes of subparagraph (1)(a)(iv.1), a substance is considered to be a polymerizing substance of Class 4.1 if it

  • (a) has a self-accelerating polymerization temperature (SAPT) that is less than or equal to 75°C under the conditions in which the substance or mixture is to be transported, with or without chemical stabilization as offered for transport, and in the means of containment in which the substance or mixture is to be transported;
  • (b) exhibits a heat of reaction of more than 300 J/g; and
  • (c) does not meet any other criteria for inclusion in Classes 1 to 8.

21 Part 2 of the Regulations is amended by adding the following after section 2.21:

2.21.1 Polymerizing Substances

A person must not offer for transport, handle or transport the following polymerizing substances unless they are stabilized by temperature control:

  • (a) a polymerizing substance that is in a small means of containment prescribed by TP14850 or Chapter 6.1 of the UN Recommendations or in an intermediate bulk container (IBC) and whose self-accelerating polymerization temperature (SAPT) is 50°C or less in the small means of containment or IBC; and
  • (b) a polymerizing substance that is in a large means of containment that is not an IBC and whose SAPT is 45°C or less in the large means of containment.

22 (1) Paragraph 2.22(1)(a) of the Regulations is replaced by the following:

  • (a) Packing Group I, if the substances meet the criterion in subparagraph 2.21(1)(a)(iii), except that substances that have one of the following UN numbers are included in Packing Group II: UN2555, UN2556, UN2557, UN2907, UN3270, UN3319 or UN3344;

(2) Subparagraph 2.22(1)(b)(i) of the Regulations is replaced by the following:

  • (i) the substances meet the criteria for inclusion in Class 4.1 in subparagraph 2.21(1)(a)(iv) or (v), except that substances that have one of the following UN numbers are included in Packing Group III: UN2956, UN3241 or UN3251,

23 Subparagraph 2.24(b)(iv) of the English version of the Regulations is replaced by the following:

  • (iv) are in the list of currently assigned organic peroxides in section 2.5.3.2.4 of Chapter 2.5 of the UN Recommendations.

24 Subsections 2.25(1) and (2) of the Regulations are replaced by the following:

(1) The packing group for a substance that is included in Class 5.1, Oxidizing Substances, must be determined by using a test sample of the substance that

  • (a) in the case of a solid, is prepared in accordance with section 2.5.2.2 of Chapter 2.5 of the UN Recommendations; and
  • (b) in the case of a liquid, is prepared in accordance with section 2.5.2.3 of Chapter 2.5 of the UN Recommendations.

(2) In the case of a solid substance included in Class 5.1, Oxidizing Substances, the test procedure set out in either subsection 34.4.1 (test O.1) or subsection 34.4.3 (test O.3) of Part III of the Manual of Tests and Criteria must be carried out on the test sample. The substance is included in

  • (a) Packing Group I, if the test sample exhibits an average burning time that is
    • (i) less than the mean burning time of a 3:2 potassium bromate/cellulose mixture by mass when test O.1 is used, or
    • (ii) greater than the mean burning rate of a 3:1 calcium peroxide/cellulose mixture by mass when test O.3 is used;
  • (b) Packing Group II, if the criteria for Packing Group I are not met and the test sample exhibits an average burning time that is
    • (i) less than or equal to the mean burning time of a 2:3 potassium bromate/ cellulose mixture by mass, when test O.1 is used, or
    • (ii) equal to or greater than the mean burning rate of a 1:1 calcium peroxide/ cellulose mixture by mass, when test O.3 is used; or
  • (c) Packing Group III, if the criteria for Packing Groups I and II are not met and the test sample exhibits an average burning time that is
    • (i) less than or equal to the mean burning time of a 3:7 potassium bromate/ cellulose mixture by mass, when test O.1 is used, or
    • (ii) equal to or greater than the mean burning rate of a 1:2 calcium peroxide/ cellulose mixture by mass, when test O.3 is used.

(2.1) In the case of a liquid substance included in Class 5.1, Oxidizing Substances, the test procedure set out in sub-section 34.4.2 (test O.2) of Part III of the Manual of Tests and Criteria must be carried out on the test sample. The substance is included in

  • (a) Packing Group I, if the test sample in a 1:1 mixture by mass of substance and cellulose spontaneously ignites or the mean pressure rise time is less than that of a 1:1 mixture by mass of 50% perchloric acid and cellulose;
  • (b) Packing Group II, if the mean pressure rise time is less than or equal to the mean pressure rise time of a 1:1 mixture by mass of 40% aqueous sodium chlorate solution and cellulose and the criteria for inclusion in Packing Group I are not met; or
  • (c) Packing Group III, if the mean pressure rise time is less than or equal to the mean pressure rise time of a 1:1 mixture by mass of 65% aqueous nitric acid solution and cellulose and the criteria for inclusion in Packing Group I or II are not met.

25 Paragraph 2.40(c) of the Regulations is replaced by the following:

  • (c) do not cause full thickness destruction of skin, but exhibit a corrosion rate that exceeds 6.25 mm per year at a test temperature of 55°C, as determined in accordance with section 37 of Part III of the Manual of Tests and Criteria.

26 Paragraph 2.43.1(2)(d) of the Regulations is replaced by the following:

  • (d) each battery containing cells or a series of cells connected in parallel is equipped with diodes, fuses or other devices that prevent dangerous reverse current flow.

27 Paragraph 3.6.1(1)(c) of the Regulations is replaced by the following:

  • (c) the certification set out in section 5;4.1.6 of the ICAO Technical Instructions;

28 The Table of Contents of Part 4 of the Regulations is amended by adding the following after the entry for section 4.23:

Lithium Battery Mark ………………………… 4.24

29 Subsection 4.10(1) of the Regulations is amended by adding the following after paragraph (b):

  • (b.1) the Class 9, lithium battery label, illustrated in the appendix to this Part, must be displayed on a small means of containment for the following dangerous goods:
    • (i) UN3090, LITHIUM METAL BATTERIES,
    • (ii) UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT or LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT,
    • (iii) UN3480, LITHIUM ION BATTERIES, and
    • (iv) UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT;

30 (1) Paragraph 4.10.1(1)(a) of the Regulations is replaced by the following:

  • (a) the word “Overpack” or “Suremballage”, in letters that are at least 12 mm high on a contrasting background, on at least one side of the overpack;

(2) Subsection 4.10.1(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply if a safety mark for each class of dangerous goods inside the overpack is visible through the overpack.

31 Section 4.18.2 of the Regulations is replaced by the following:

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

  • (a) the Class 2.3 placard and a UN number; or
  • (b) the anhydrous ammonia placard and, on at least two sides, the words “Anhydrous Ammonia, Inhalation Hazard” or “Ammoniac anhydre, dangereux par inhalation” in letters
    • (i) at least 6 mm wide and 100 mm high in the case of a tank car,
    • (ii) at least 4 mm wide and 25 mm high in the case of a portable tank or an intermediate bulk container (IBC), and
    • (iii) at least 6 mm wide and 50 mm high in the case of all other large means of containment.

32 Subsection 4.19(3) of the Regulations is replaced by the following:

(3) Despite paragraph (2)(b), if a compartmentalized large means of containment contains UN3475, ETHANOL AND GASOLINE MIXTURE, the number “3475” must be displayed, in addition to the UN number — without the prefix “UN” — of the dangerous goods with the lowest flash point, on each side and on each end of the compartmentalized large means of containment.

33 Section 4.23 of the Regulations is replaced by the following:

A person must not import, offer for transport, handle or transport dangerous goods that are included in Class 6.1, Toxic Substances, in accordance with paragraph 2.28(c) of Part 2 (Classification), or Class 2.3, Toxic Gases, in accordance with paragraph 2.14(c) of Part 2 (Classification), unless the words “inhalation hazard” or “dangereux par inhalation” are displayed

  • (a) in the case of a small means of containment, in letters at least 12 mm high, next to the shipping name, unless these words are already part of the shipping name; and
  • (b) in the case of a large means of containment, on two opposite sides of the large means of containment, in addition to any placard or placard and UN number required by this Part, in letters
    • (i) at least 6 mm wide and 100 mm high in the case of a tank car,
    • (ii) at least 4 mm wide and 25 mm high in the case of a portable tank or an intermediate bulk container (IBC), and
    • (iii) at least 6 mm wide and 50 mm high in the case of all other large means of containment.

34 Part 4 of the Regulations is amended by adding the following after section 4.23:

4.24 Lithium Battery Mark

(1) For the purposes of special provision 34, the lithium battery mark, illustrated in the appendix to this Part, must indicate

  • (a) “UN3090” for lithium metal cells or batteries;
  • (b) “UN3480” for lithium ion cells or batteries; and
  • (c) “UN3091” or “UN3481”, as appropriate, for lithium cells or batteries that are contained in, or packed with, equipment.

(2) When a means of containment contains lithium cells or batteries assigned to different UN numbers, all applicable UN numbers must be indicated on one or more marks.

(3) Subject to subsection (4), the mark must be at least 120 mm wide × 110 mm high and the hatching must be at least 5 mm wide.

(4) The dimensions of the mark may be reduced for a means of containment that is an irregular shape or size if

  • (a) the mark is at least 105 mm wide × 74 mm high; and
  • (b) every symbol, letter and number required on the mark is reduced proportionately.

35 (1) The heading “CLASS 9, MISCELLANEOUS PRODUCTS, SUBSTANCES OR ORGANISMS” in the appendix to Part 4 of the Regulations is replaced by the following:

CLASS 9, MISCELLANEOUS PRODUCTS, SUBSTANCES OR ORGANISMS AND LITHIUM BATTERIES

(2) The label, placard and descriptions after the subheading “Class 9, Miscellaneous Products, Substances or Organisms” in the appendix to Part 4 of the Regulations are replaced by the following:

Image - Detailed information can be found in the surrounding text.

Label and Placard

Black:

Symbol, number and line 5 mm inside the edge for a label and 12.5 mm inside the edge for a placard

White:

Background

Symbol:

7 black stripes resulting in 13 equally spaced vertical stripes in the upper half

The number "9" underlined in bottom corner

Class 9, Lithium Batteries

Image - Detailed information can be found in the surrounding text.

Label

Black:

Symbol, number and line 5 mm inside the edge

White:

Background

Symbol:

7 black stripes resulting in 13 equally spaced vertical stripes in the upper half; battery group, one broken and emitting flame in lower half.

The number "9" underlined in bottom corner

36 The illustration and description after the subheading “FUMIGATION SIGN” in the appendix to Part 4 of the Regulations are replaced by the following:

Image - Detailed information can be found in the surrounding text.

Black:

Symbol and text

White:

Background

Size:

Rectangle, at least 400 mm wide and 300 mm high with an outer line that is at least 2 mm wide

Symbol:

The word "DANGER" centered on top of skull and crossbones

The lettering must be at least 25 mm high

The additional text under the symbol is:

THIS UNIT IS UNDER FUMIGATION

WITH * APPLIED ON

**

***

VENTILATED ON ****

DO NOT ENTER

*

Replace with name of fumigant

**

Replace with date

***

Replace with time of fumigation

****

Replace with date of ventilation

37 The appendix to Part 4 of the Regulations is amended by adding the following after the mark and description for UN3373 after the subheading “CATEGORY B MARK” under the heading “MARKS”:

LITHIUM BATTERY MARK

Image - Detailed information can be found in the surrounding text.

*

Replace with UN number(s)

**

Replace with telephone number for additional information

Black:

Symbol

White:

Background

Red:

Border hatching, at least 5 mm wide

Size:

Rectangle, at least 120 mm wide x 110 mm high

Symbol:

A group of batteries, one damaged and emitting flame, above the UN number for lithium ion or lithium metal batteries or cells

38 (1) The entry for section 5.1 in the Table of Contents of Part 5 of the Regulations is replaced by the following:

Interpretation – Crude Oil, Oil and Refined Petroleum Products ………………………… 5.1

Selecting and Using Means of Containment ………………………… 5.1.1

(2) The entries for sections 5.16.1 and 5.16.2 in the Table of Contents of Part 5 of the Regulations are struck out.

(3) The entry for section 5.17 in the Table of Contents of Part 5 of the Regulations is replaced by the following:

Class 7, Radioactive Materials ………………………… 5.17

39 Section 5.1 of the Regulations is replaced by the following:

5.1 Interpretation – Crude Oil, Oil and Refined Petroleum Products

For the purposes of this Part

  • (a) crude oil means
    • (i) oil, other than refined petroleum products,
    • (ii) a blend of oils, other than refined petroleum products, or
    • (iii) a blend of oils, other than refined petroleum products, with refined petroleum products;
  • (b) oil means
    • (i) crude oil produced at a wellhead in liquid form, and
    • (ii) any other hydrocarbons, except coal and gas, including hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the surface or subsurface or the seabed or its subsoil; and
  • (c) refined petroleum products means
    • (i) gasoline-type fuels for use in internal combustion engines,
    • (ii) oil for use as a component in the blending of gasoline-type fuels referred to in subparagraph (i),
    • (iii) middle distillates, including the products commercially known as kerosene, solvents, stove oil, diesel fuel, furnace oil, diesel oil, gas oil, distillate heating oil, engine distillates and Nos. 1, 2, and 3 fuel oils, and
    • (iv) heavy fuel oils, including Nos. 4, 5 and 6 fuel oils, bunker “C” oil, “C” grade oil, residual fuel oil, heavy bunker oil, intermediate and thin bunker fuels and any blend of heavy fuel oils.

5.1.1 Selecting and Using Means of Containment

(1) A person must not handle, offer for transport, transport or import dangerous goods in a means of containment unless the means of containment is required or permitted by this Part to be used for the transportation of the dangerous goods.

(2) A person must not handle, offer for transport or transport dangerous goods in a standardized means of containment unless the standardized means of containment is in standard.

(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 release of the dangerous goods that could endanger public safety.

40 Subparagraphs 5.6(a)(i) and (ii) of the Regulations are replaced by the following:

  • (i) sections 2 and 3 and Part I of CGSB-43.125 for a Type P620 means of containment,
  • (ii) sections 2 and 3 and Part I of CGSB-43.146, or

41 The portion of section 5.10 of the Regulations after the title is replaced by the following:

(1) A person must not offer for transport, handle or transport dangerous goods included in Class 2, Gases, in a means of containment unless the means of containment is manufactured, selected and used in accordance with

  • (a) for transport by road vehicle,
    • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
    • (ii) CSA B340,
    • (iii) CSA B342,
    • (iv) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,
    • (v) CSA B625, or
    • (vi) TP14877, if the means of containment is a ton container;
  • (b) for transport by railway vehicle,
    • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
    • (ii) TP14877,
    • (iii) CSA B340,
    • (iv) CSA B342, or
    • (v) CSA B625;
  • (c) for transport by aircraft,
    • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
    • (ii) CSA B340, or
    • (iii) CSA B342; and
  • (d) for transport by ship,
    • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
    • (ii) TP14877,
    • (iii) CSA B340,
    • (iv) CSA B342,
    • (v) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (vi) CSA B625.

(2) For the purposes of this section, clause 5.1.3(a) of CSA B340 must be read as requiring a cylinder, sphere or tube to be inspected before it is filled by verifying, through its markings or, in the case of a horizontally mounted container, the markings affixed to the vehicle or frame used to transport the container, that the cylinder, sphere or tube

  • (a) was manufactured in accordance with a container specification that is designated by the prefix “CTC”, “ICC”, “TC” or “DOT” and is listed in Table 29 of CSA B339;
  • (b) is an equivalent container as defined in CSA B340 and was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT”;
  • (c) was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT” followed by “3”, “3A480X”, “3B”, “3BN”, “4B240FLW”, “8”, “8AL” or “8WC”;
  • (d) has the letters “CRC”, “BTC”, “CTC” or “TC” displayed on it and was manufactured before January 1, 1993 in accordance with the conditions of a special permit that was issued under the regulations for the transportation of dangerous goods by rail in force before December 5, 1991; or
  • (e) has the letters “ICC” or “DOT” displayed on it and was manufactured before January 1, 1993 in accordance with a packaging or handling exemption that was issued under Subpart B of Part 107 of 49 CFR.

(3) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in paragraph (2)(a), (b) or (c) and is due for requalification to be requalified – before being filled – in accordance with the requirements of

  • (a) CSA B339, if the requalification is performed in Canada;
  • (b) Part 180 of 49 CFR, if the requalification is performed in the United States; or
  • (c) CSA B339 or Part 180 of 49 CFR, if the requalification is performed outside both Canada and the United States.

(4) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring

  • (a) a cylinder, sphere or tube that is referred to in paragraph (2)(d) or (e) and that is due for requalification to be filled and requalified in accordance with the applicable special permit or exemption; and
  • (b) the requalification to be performed by a facility that is registered in accordance with CSA B339 or approved in accordance with Subpart I of Part 107 of 49 CFR.

(5) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in subsection (2) that is due for requalification and that does not meet the requirements of the prefill inspection to be rejected and not be filled until the cause for rejection has been corrected.

(6) For the purposes of this section, the following requirements apply in respect of a report of requalification, repair, reheat treatment or rebuilding that is referred to in clause 24.7 of CSA B339:

  • (a) the person who prepares the report must give a copy of it to the owner of the means of containment;
  • (b) the person who prepares the report and the owner must each keep a copy of the report for 10 years; and
  • (c) the owner must, during the 10-year period, give a copy of the report to any person to whom ownership of the means of containment is transferred.

(7) For the purposes of this section, clause 4.1.7 of CSA B342 must be read as requiring a UN pressure receptacle, including its closures,

  • (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;
  • (b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or
  • (c) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(8) For the purposes of this section, if a UN pressure receptacle is used in accordance with CSA B342 and an outer packaging is required by that standard,

  • (a) the UN pressure receptacle must be firmly secured within the outer packaging; and
  • (b) one or more inner packagings may be enclosed in the outer packaging, unless otherwise specified in clause 5 of CSA B342.

(9) For the purposes of this section, clause 4.2.3 of CSA B342 must be read as requiring a multipleelement gas container

  • (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;
  • (b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or
  • (c) to be marked with the letters “USA”, denoting the United States as the country of approval, in accordance with section 178.75(j)(1) of 49 CFR, and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(10) For the purposes of this section, clause 5.5.1(b) of CSA B342 must be read as requiring a UN cylinder for adsorbed gases

  • (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture; or
  • (b) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(11) For the purposes of this section, a person who uses a standardized means of containment in accordance with CSA B622 must use a means of containment that

  • (a) is manufactured in accordance with CSA B620 if it was manufactured in Canada on or after August 31, 2008; and
  • (b) is tested and inspected in accordance with CSA B620 if its most recent periodic re-test or periodic inspection was performed in Canada on or after August 31, 2008.

(12) Despite paragraph 11(a), a standardized means of containment that is a TC 51 portable tank and that is used in accordance with CSA B622 may be manufactured in accordance with CSA B620-09.

(13) For the purposes of subsection (12), the following requirements of CSA B622 do not apply:

  • (a) the requirement in clause 4.2 respecting TC 51 portable tanks; and
  • (b) the requirement in the footnote respecting TC 51 portable tanks after Table 1 to clause 4.4.3.

42 (1) Subsection 5.12(1) of the Regulations is replaced by the following:

(1) A person must not offer for transport, handle or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a means of containment that is selected and used in accordance with Part II of CGSB-43.146 or a means of containment that is selected and used in accordance with sections 2 and 3 and with Part 2 of TP14850.

(2) Section 5.12 of the Regulations is amended by adding the following after subsection (2):

(3) The manufacturer or subsequent distributor of a UN standardized small means of containment manufactured in Canada must provide a notice to the initial user in accordance with section 4.4 of TP14850. The manufacturer or subsequent distributor of a UN standardized intermediate bulk container (IBC) manufactured in Canada must provide a notice to the initial user in accordance with clause 4.8 of CGSB-43.146.

(4) A person must not reuse an IBC for liquids, or an IBC for solids, that is filled or discharged under pressure to offer for transport, handle or transport dangerous goods that are included in Class 3, 4, 5, 6.1, 8 or 9 unless it has been leak tested and inspected in accordance with clause 12.6 of CGSB-43.146.

(5) In addition to the requirements set out in subsection (1), a person who uses a means of containment that is required under CGSB-43.146 for the offering for transport of dangerous goods must follow the requirements of clauses 12.2, 12.3 and 12.4 of CGSB-43.146.

43 Subsections 5.14(3) and (4) are repealed.

44 The title of section 5.14.2 of the Regulations is replaced by the following:

5.14.2 Clause 10.1 of TP14877

45 (1) The portion of section 5.14.2 of the Regulations before paragraph (a) is replaced by the following:

The exception set out in clause 10.1 of TP14877 does not apply in respect of the importing, offering for transport, handling or transporting of any of the following dangerous goods in a tank car:

(2) Paragraph 5.14.2(c) of the Regulations is replaced by the following:

  • (c) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are crude oil;

46 The title of section 5.15 of the Regulations is replaced by the following:

5.15 Tank Car Selection

47 (1) The portion of subsection 5.15(1) of the Regulations before subparagraph (a)(i) is replaced by the following:

(1) A person must not import, offer for transport, handle or transport any of the dangerous goods listed in subsection (2) and included in Packing Group I, II or III in a tank car unless the tank car

  • (a) is a Class 105, 112, 115 or 120 tank car that is in compliance with the requirements of TP14877 for the tank car’s class and that is equipped with a jacket that

(2) Paragraph 5.15(2)(b) of the Regulations is replaced by the following:

  • (b) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are crude oil; and

48 The title of section 5.15.1 of the Regulations is replaced by the following:

5.15.1 Tank Car Selection

49 (1) The portion of subsection 5.15.1(1) of the Regulations before paragraph (a) is replaced by the following:

(1) A person must not import, offer for transport, handle or transport any of the dangerous goods listed in subsection (2) and included in Packing Group I, II or III in a tank car unless the tank car

(2) Paragraph 5.15.1(2)(b) of the Regulations is replaced by the following:

  • (b) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are crude oil; and

50 Paragraph 5.15.2(2)(b) of the Regulations is replaced by the following:

  • (b) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are crude oil; and

51 The portion of section 5.15.11 of the Regulations before paragraph (a) is replaced by the following:

A consignor must, on reasonable notice given by the Minister, provide the Minister with the following information:

52 The portion of section 5.16 of the Regulations after the title, and the italicized text, are replaced by the following:

(1) A person must not offer for transport, handle or transport dangerous goods included in Category A or Category B of Class 6.2, Infectious Substances, unless the dangerous goods are in a means of containment that is manufactured, selected and used in accordance with CGSB-43.125.

(2) If the means of containment is made available as a kit, the packaging manufacturer and subsequent distributor must provide the packaging information required under section 4.4 of CGSB-43.125 to the packaging purchaser at each initial purchase and to a packaging user upon request.

53 Sections 5.16.1 and 5.16.2 of the Regulations are repealed.

54 The Table of Contents of Part 8 of the Regulations is amended by adding the following after the entry for section 8.15:

Dangerous Goods Occurrence Report (ICAO) 8.15.1

Information to be Included in a Dangerous Goods Occurrence Report (ICAO) 8.15.2

55 Part 8 of the Regulations is amended by adding the following after section 8.15:

8.15.1 Dangerous Goods Occurrence Report (ICAO)

A person must make a dangerous goods occurrence report (ICAO) to the Director General within seven days after discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that have been transported on board an aircraft without

  • (a) being loaded, segregated or secured in accordance with Chapter 2 of Part 7 of the ICAO Technical Instructions; or
  • (b) the pilot-in-command having been informed in accordance with section 7;4.1 of the ICAO Technical Instructions.

8.15.2 Information to be Included in a Dangerous Goods Occurrence Report (ICAO)

A dangerous goods occurrence report (ICAO) referred to in section 8.15.1 must be in writing and include the following information:

  • (a) the name and contact information of the person making the report;
  • (b) the name of the aircraft operator, aerodrome or air cargo facility;
  • (c) the names and contact information of the consignor and consignee;
  • (d) the date of the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b);
  • (e) the shipping name or UN number of the dangerous goods;
  • (f) a description of the means of containment containing the dangerous goods;
  • (g) the gross mass or capacity of the means of containment and, if applicable, the total number of means of containment;
  • (h) a description of the route by which the dangerous goods were, or were to be, transported, including the names of any aerodromes along the route; and
  • (i) a detailed description of the circumstances that led to the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b), as the case may be.

56 Subparagraph 8.16(2)(a)(xii) of the French version of the Regulations is replaced by the following:

  • (xii) UN1826, ACIDE SULFONITRIQUE RÉSIDUAIRE ou ACIDE MIXTE RÉSIDUAIRE contenant plus de 50 % d’acide nitrique,

57 (1) Subsection 9.1(2) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).

(2) Section 9.1 of the Regulations is amended by adding the following after subsection (2):

(3) A person who handles or transports dangerous goods by road vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada if the exemption number appears on the shipping document.

(4) If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and an exemption referred to in subsection (3), the exemption prevails to the extent of the conflict.

58 (1) Subsection 10.1(2) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).

(2) Section 10.1 of the Regulations is amended by adding the following after subsection (2):

(3) A person who handles or transports dangerous goods by railway vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada if the exemption number appears on the shipping document.

(4) If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and an exemption referred to in subsection (3), the exemption prevails to the extent of the conflict.

59 Subparagraph 12.1(1)(a)(iii) of the Regulations is repealed.

60 The portion of UN Number UN0014 of Schedule 1 to the English version of the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

UN Number

Shipping Name and Description

UN0014

CARTRIDGES FOR WEAPONS, BLANK;

CARTRIDGES, SMALL ARMS, BLANK;

or

CARTRIDGES FOR TOOLS, BLANK

61 Schedule 1 to the Regulations is amended by adding the following after UN Number UN0509:

Col. 1

Col. 2

Col. 3

Col. 4

Col. 5

Col. 6

Col. 7

Col. 8

Col. 9

UN
Number

Shipping Name and Description

Class

Packing Group/
Category

Special Provisions

6(a)

6(b)

ERAP Index

Passenger- Carrying Ship Index

Passenger- Carrying Road Vehicle or Passenger- Carrying Railway Vehicle Index

Explosive Limit and Limited Quantity Index

Excepted Quantities

UN0510

ROCKET MOTORS

1.4C

II

 

25

E0

 

10

3

62 The portion of UN Number UN1005 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1005

23, 158

63 The portion of UN Number UN1010 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1010

155

64 The portion of UN Number UN1051 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1051

23, 155

65 The portion of UN Number UN1060 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1060

155

66 The portion of UN Numbers UN1081 and UN1082 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1081

38, 155

UN1082

23, 155

67 The portion of UN Numbers UN1085 to UN1087 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1085

155

UN1086

155

UN1087

155

68 The portion of UN Numbers UN1092 and UN1093 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1092

23, 155

UN1093

155

69 The portion of UN Number UN1143 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1143

23, 155

70 The portion of UN Number UN1167 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1167

155

71 The portion of UN Number UN1185 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1185

23, 155

72 The portion of UN Numbers UN1202 and UN1203 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1202

88, 150

UN1203

17, 88, 98, 150

73 The portion of UN Number UN1218 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1218

155

74 The portion of UN Number UN1223 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1223

 

75 The portion of UN Numbers UN1246 and UN1247 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1246

155

UN1247

155

76 The portion of UN Number UN1251 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1251

23, 155

77 The portion of UN Numbers UN1301 to UN1304 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1301

155

UN1302

155

UN1303

155

UN1304

155

78 The portion of UN Number UN1545 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1545

155

79 The portion of UN Number UN1583 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN
Number


Packing Group/Category

Special Provisions

UN1583

I

16, 115

II

16

III

16

80 The portion of UN Number UN1589 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1589

23,38, 155

81 The portion of UN Number UN1614 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1614

38, 155, 166

82 The portion of UN Number UN1724 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1724

155

83 The portion of UN Numbers UN1828 and UN1829 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1828

166

UN1829

23, 155

84 The portion of UN Number UN1831 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1831

23, 168

85 The portion of UN Number UN1860 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1860

155

86 The portion of UN Number UN1863 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN
Number


Packing Group/Category

Special Provisions

UN1863

I

17, 150

II

17, 150

III

17, 150

87 The portion of UN Number UN1917 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1917

155

88 The portion of UN Number UN1919 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1919

155

89 The portion of UN Number UN1921 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1921

155

90 The portion of UN Numbers UN1944 and UN1945 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1944

69, 163

UN1945

69, 163

91 The portion of UN Number UN1991 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1991

155

92 The portion of UN Number UN2000 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2000

160

93 The portion of UN Number UN2025 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

UN Number


Shipping Name and Description

UN2025

MERCURY COMPOUND, SOLID, N.O.S., except cinnabar

94 The portion of UN Number UN2055 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2055

155

95 The portion of UN Number UN2200 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2200

155

96 The portion of UN Number UN2218 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2218

155

97 The portion of UN Number UN2227 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2227

155

98 The portion of UN Number UN2251 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2251

155

99 The portion of UN Number UN2254 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2254

69

100 The portion of UN Number UN2277 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2277

155

101 The portion of UN Number UN2283 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2283

155

102 The portion of UN Number UN2285 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2285

166

103 The portion of UN Number UN2348 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2348

155

104 The portion of UN Number UN2352 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2352

155

105 The portion of UN Number UN2383 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2383

155

106 The portion of UN Number UN2396 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2396

155

107 The portion of UN Number UN2452 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2452

155

108 The portion of UN Number UN2478 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number


Packing Group/Category

Special Provisions

UN2478

II

16, 166

III

16, 166

109 The portion of UN Number UN2521 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2521

23, 155

110 The portion of UN Number UN2527 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2527

155

111 The portion of UN Number UN2531 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2531

155

112 The portion of UN Number UN2607 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2607

155

113 The portion of UN Number UN2618 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2618

155

114 The portion of UN Number UN2742 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2742

166

115 The portion of UN Number UN2814 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2814

16, 38, 84, 164

116 The portion of UN Number UN2815 of Schedule 1 to the Regulations in column 3 is replaced by the following:

Col. 1

Col. 3

UN Number

Class

UN2815

8
(6.1)

117 The portion of UN Number UN2838 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2838

155

118 The portion of UN Number UN2900 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2900

16, 38, 84, 164

119 The portion of UN Numbers UN2977 and UN2978 of Schedule 1 to the Regulations in column 3 is replaced by the following:

Col. 1

Col. 3

UN Number

Class

UN2977

7
(6.1)
(8)

UN2978

7
(6.1)
(8)

120 The portion of UN Number UN2983 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2983

166

121 The portion of UN Number UN3022 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3022

155

122 The portion of UN Number UN3073 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3073

155

123 The portion of UN Number UN3079 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3079

23, 155

124 The portion of UN Numbers UN3090 and UN3091 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3090

34,123,137, 138, 149, 159

UN3091

34, 123, 137, 138, 159

125 The portion of UN Numbers UN3151 and UN3152 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

UN Number

Shipping Name and Description

UN3151

POLYHALOGENATED BIPHENYLS, LIQUID, regulated only when the concentration is more than 50 ppm, by mass;

or

HALOGENATED MONOMETHYLDIPHENYLMETHANES, LIQUID, regulated only when the concentration is more than 50 ppm, by mass;

or

POLYHALOGENATED TERPHENYLS, LIQUID, regulated only when the concentration is more than 50 ppm, by mass

UN3152

POLYHALOGENATED BIPHENYLS, SOLID, regulated only when the concentration is more than 50 ppm, by mass;

or

HALOGENATED MONOMETHYLDIPHENYLMETHANES, SOLID, regulated only when the concentration is more than 50 ppm, by mass;

or

POLYHALOGENATED TERPHENYLS, SOLID, regulated only when the concentration is more than 50 ppm, by mass

126 The portion of UN Number UN3166 of Schedule 1 to the Regulations in columns 2 and 5 is replaced by the following:

Col. 1

Col. 2

Col. 5

UN Number


Shipping Name and Description

Special Provisions

UN3166

VEHICLE, FLAMMABLE GAS POWERED;

or

VEHICLE, FLAMMABLE LIQUID POWERED;

or

VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED;

or

VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED

93, 96, 156, 157

127 The portion of UN Number UN3170 of Schedule 1 to the Regulations in columns 4 and 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number

Packing Group/
Category

Special Provisions

UN3170

II

161

III

161

128 The portion of UN Number UN3269 of Schedule 1 to the Regulations in columns 2 and 5 is replaced by the following:

Col. 1

Col. 2

Col. 5

UN Number


Shipping Name and Description

Special Provisions

UN3269

POLYESTER RESIN KIT, liquid base material

153

129 The portion of UN Numbers UN3275 and UN3276 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN
Number


Packing Group/Category

Special Provisions

UN3275

I

16, 115

II

16

UN3276

I

16, 115

II

16

III

16

130 The portion of UN Numbers UN3278 to UN3281 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN
Number


Packing Group/Category

Special Provisions

UN3278

I

16, 115

II

16

III

16

UN3279

I

16, 115

II

16

UN3280

I

16, 115

II

16

III

16

UN3281

I

16, 115

II

16

III

16

131 The portion of UN Number UN3291 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3291

128

132 The portion of UN Number UN3314 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3314

152

133 The portion of UN Number UN3316 of Schedule 1 to the Regulations in column 6(a) is replaced by the following:

Col. 1

Col. 6

UN Number

6(a)

Explosive Limit and Limited Quantity Index

UN3316

See SP65

134 The portion of UN Number UN3363 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3363

167

135 The portion of UN Number UN3373 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3373

38, 164, 165

136 The portion of UN Numbers UN3480 and UN3481 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3480

34, 123, 137, 138, 159

UN3481

34, 123, 137, 138, 159

137 The portion of UN Number UN3481 of Schedule 1 to the French version of the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

Numéro UN

Appellation réglementaire et description

UN3481

PILES AU LITHIUM IONIQUE CONTENUES DANS UN ÉQUIPEMENT (y compris les piles au lithium ionique à membrane polymère);

ou

PILES AU LITHIUM IONIQUE EMBALLÉES AVEC UN ÉQUIPEMENT (y compris les piles au lithium ionique à membrane polymère)

138 The portion of UN Number UN3507 of Schedule 1 to the Regulations in columns 3 and 5 is replaced by the following:

Col. 1

Col. 3

Col. 5

UN Number

Class

Special
Provisions

UN3507

6.1
(7)
(8)

162

139 The portion of UN Number UN3516 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3516

16, 23, 38, 158

140 Schedule 1 to the Regulations is amended by adding the following after UN Number UN3526:

Col. 1

Col. 2

Col. 3

Col. 4

Col. 5

Col. 6

Col. 7

Col. 8

Col. 9

UN
Number

Shipping Name and Description

Class

Packing Group/
Category

Special Provisions

6(a)

6(b)

ERAP Index

Passenger- Carrying Ship Index

Passenger- Carrying Road Vehicle or Passenger-
Carrying
Railway Vehicle Index

Explosive Limit and Limited Quantity Index

Excepted Quantities

UN3527

POLYESTER RESIN KIT, solid base material

4.1

II

141, 153

5 kg

E0

   

1 kg

III

141, 153

5 kg

E0

   

5 kg

UN3528

ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

or

ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED;

or

MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

or

MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED

3

 

154

0

E0

     
               

UN3529

ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED;

or

ENGINE, FUEL CELL, FLAMMABLE GAS POWERED;

or

MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED;

or

MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED

2.1

 

154

0

E0

   

Forbidden

UN3530

ENGINE, INTERNAL COMBUSTION;

or

MACHINERY, INTERNAL COMBUSTION

9

 

154

0

E0

     

UN3531

POLYMERIZING SUBSTANCE, SOLID, STABILIZED, N.O.S.

4.1

III

16, 155

0

E0

   

10 kg

UN3532

POLYMERIZING SUBSTANCE LIQUID, STABILIZED, N.O.S.

4.1

III

16, 155

0

E0

   

10 L

UN3533

POLYMERIZING SUBSTANCE, SOLID, TEMPERATURE CONTROLLED, N.O.S.

4.1

III

16, 155

0

E0

   

Forbidden

UN3534

POLYMERIZING SUBSTANCE, LIQUID, TEMPERATURE CONTROLLED, N.O.S.

4.1

III

16, 155

0

E0

   

Forbidden

141 Special provision 23 of Schedule 2 to the Regulations is replaced by the following:

23

(1) A person must not import, offer for transport, handle or transport these dangerous goods unless

  • (a) they are contained in a means of containment that is marked in accordance with section 4.23, or, for UN1005, ANHYDROUS AMMONIA, in a large means of containment, in accordance with section 4.18.2; and
  • (b) they are accompanied by a shipping document that complies with subparagraph 3.5(1)(c)(vii).

(2) This special provision does not apply to a person who transports these dangerous goods in accordance with an exemption set out in section 1.15, 1.17 or 1.17.1 of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases).

UN1005, UN1008, UN1016, UN1017, UN1023, UN1026, UN1040, UN1045, UN1048, UN1050 to UN1053, UN1062, UN1064, UN1067, UN1069, UN1071, UN1076, UN1079, UN1082, UN1092, UN1098, UN1135, UN1143, UN1163, UN1182, UN1185, UN1238, UN1239, UN1244, UN1251, UN1259, UN1380, UN1510, UN1541, UN1560, UN1569, UN1580 to UN1582, UN1589, UN1595, UN1605, UN1612, UN1613, UN1647, UN1660, UN1670, UN1672, UN1695, UN1722, UN1741, UN1744 to UN1746, UN1749, UN1752, UN1754, UN1809, UN1810, UN1829, UN1831, UN1834, UN1838, UN1859, UN1892, UN1911, UN1953, UN1955, UN1967, UN1975, UN1994, UN2032, UN2186, UN2188 to UN2192, UN2194 to UN2199, UN2202, UN2204, UN2232, UN2334, UN2337, UN2382, UN2407, UN2417, UN2418, UN2420, UN2421, UN2438, UN2442, UN2474, UN2477, UN2480 to UN2488, UN2521, UN2534, UN2548, UN2605, UN2606, UN2644, UN2646, UN2668, UN2676, UN2692, UN2740, UN2743, UN2826, UN2901, UN3023, UN3057, UN3079, UN3083, UN3160, UN3162, UN3168, UN3169, UN3246, UN3294, UN3300, UN3303 to UN3310, UN3318, UN3355, UN3381 to UN3390, UN3488 to UN3491, UN3512, UN3514 to UN3526

142 (1) Paragraph 34(1)(d) of special provision 34 of Schedule 2 to the Regulations is replaced by the following:

  • (d) each cell and battery type passes each of the tests set out in paragraph 2.43.1(2)(a) of Part 2 (Classification);

(2) Subsections (4) and (5) of special provision 34 of Schedule 2 to the Regulations are replaced by the following:

(4) Except for means of containment containing button cell batteries installed in equipment, including circuit boards, or no more than four cells installed in equipment or no more than two batteries installed in equipment, each means of containment must be marked with the appropriate lithium battery mark in accordance with section 4.24.

(5) Despite subsection (4), except for means of containment containing button cell batteries installed in equipment, including circuit boards, or no more than four cells installed in equipment or no more than two batteries installed in equipment, each means of containment may, until December 31, 2018, be marked with the following:

  • (a) “lithium metal”, “lithium métal”, “lithium ion” or “lithium ionique”, as appropriate;
  • (b) an indication that the means of containment must be handled with care and that a flammability hazard exists if the means of containment is damaged;
  • (c) an indication that special procedures must be followed in the event the means of containment is damaged, including inspection and repacking, if necessary; and
  • (d) a telephone number to call for additional information.

143 The portion of subsection (1) of special provision 56 of Schedule 2 to the French version of the Regulations before paragraph (a) is replaced by the following:

(1) Il est permis de présenter au transport, de manutentionner ou de transporter des mélanges comprenant des matières solides qui ne sont pas des marchandises dangereuses et des liquides inclus dans la classe 3, Liquides inflammables, sous cette appellation réglementaire, sans que les épreuves et les critères d’inclusion dans la classe 4.1, Solides inflammables, ne leur soient d’abord appliqués si les conditions suivantes sont réunies :

144 Special provision 67 of Schedule 2 to the Regulations is replaced by the following:

67

(1) The UN number and shipping name UN3171, BATTERY-POWERED VEHICLE applies to vehicles powered by wet batteries, sodium batteries, lithium metal batteries or lithium ion batteries and that are transported with these batteries installed, including vehicles that are transported in a means of containment.

(2) For greater certainty, in the case of a vehicle transported in a means of containment, subsection (1) applies to a vehicle that is transported with some parts detached from their frame in order to fit into the means of containment.

(3) The UN number and shipping name UN3171, BATTERY-POWERED EQUIPMENT applies to equipment that is powered by wet batteries or sodium batteries and that is transported with these batteries installed.

(4) Equipment powered by lithium metal batteries or lithium ion batteries must be handled, offered for transport or transported under the UN number and shipping name

  • (a) UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT;
  • (b) UN3091, LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT;
  • (c) UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT; or
  • (d) UN3481, LITHIUM ION BATTERIES PACKED WITH EQUIPMENT.

(5) A hybrid electric vehicle that is powered by an internal combustion engine and by wet batteries, sodium batteries, lithium metal batteries or lithium ion batteries and that is transported with the batteries installed must be handled, offered for transport or transported under the UN number and shipping name

  • (a) UN3166, VEHICLE, FLAMMABLE GAS POWERED; or
  • (b) UN3166, VEHICLE, FLAMMABLE LIQUID POWERED.

(6) A vehicle that contains a fuel cell must be handled, offered for transport or transported under the UN number and shipping name

  • (a) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED; or
  • (b) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED.

(7) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to the handling, offering for transport, transport or import of dangerous goods other than batteries that are contained in a vehicle and that are required for the functioning or safe operation of the vehicle, if they are on a road vehicle, a railway vehicle or a ship on a domestic voyage.

UN3171

145 The list of italicized UN numbers after special provision 69 of Schedule 2 to the Regulations is replaced by the following:

UN1331, UN1944, UN1945, UN2254

146 Special provision 91 of Schedule 2 to the Regulations is repealed.

147 Special provision 93 of Schedule 2 to the Regulations before the italicized text is replaced by the following:

93

(1) A vehicle that contains an internal combustion engine must be transported under UN3166, VEHICLE, FLAMMABLE GAS POWERED, or UN3166, VEHICLE, FLAMMABLE LIQUID POWERED, as appropriate. This shipping name applies to hybrid electric vehicles that are powered by an internal combustion engine and by wet batteries, sodium batteries, lithium metal batteries or lithium ion batteries and that are transported with the batteries installed.

(2) A vehicle that contains a fuel cell must be handled, offered for transport or transported under the UN number and shipping name

  • (a) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED; or
  • (b) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED.

148 Special provision 115 of Schedule 2 to the Regulations is replaced by the following:

115 Dangerous goods included in Class 6.1 that meet the inhalation toxicity criteria for Packing Group I set out in paragraph 2.29(2)(d) of Part 2 (Classification) must, as applicable, be offered for transport, handled or transported under UN3381, UN3382, UN3383, UN3384, UN3385, UN3386, UN3387, UN3388, UN3389, UN3390, UN3488, UN3489, UN3490 or UN3491.

UN1583, UN2810, UN2927, UN2929, UN3122, UN3123, UN3275, UN3276, UN3278 to UN3281, UN3287, UN3289

149 (1) Paragraphs (1)(a) to (c) of special provision 123 of Schedule 2 to the Regulations are replaced by the following:

  • (a) the cells or batteries are imported, offered for transport, handled or transported in accordance with Packing Instruction P910 of the UN Recommendations; and
  • (b) the pre-production prototypes of cells and batteries are in transport for the purpose of testing.

(2) The list of italicized UN numbers after special provision 123 of Schedule 2 to the Regulations is replaced by the following:

UN3090, UN3091, UN3480, UN3481

150 Special provision 151 of Schedule 2 to the Regulations is repealed.

151 Schedule 2 to the Regulations is amended by adding the following after special provision 151:

152 Plastic moulding compounds that are made from polystyrene, poly(methyl methacrylate) or other polymeric material may be offered for transport, handled or transported under this shipping name.

UN3314

153

(1) This shipping name applies to polyester resin kits that consist of

  • (a) a base material that is a dangerous good included in Class 3 or 4.1 and in Packing Group II or III; and
  • (b) an activator that is an organic peroxide of type D, E or F that is included in Class 5.1 and does not require temperature control.

(2) The quantity of the base material in an inner means of containment must

  • (a) in the case of a solid, have a mass that is less than or equal to the number set out in column 1 of the table to subsection 1.17.1(2) of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) for the corresponding alphanumeric code set out in column 6(b) of Schedule 1, if that number is expressed in grams; and
  • (b) in the case of a liquid, have a volume that is less than or equal to the number set out in column 1 of the table to subsection 1.17.1(2) of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) for the corresponding alphanumeric code set out in column 6(b) of Schedule 1, if that number is expressed in millilitres.

UN3269, UN3527

154

(1) These shipping names apply to engines or machinery that include internal combustion systems or fuel cells that run on and contain fuels that are dangerous goods. The engines or machinery include combustion engines, generators, compressors, turbines and heating units.

(2) Engines or machinery containing fuels that are included in Class 3, may be imported, offered for transport, handled or transported under UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED, as appropriate.

(3) Engines or machinery containing fuels that are included in Class 2.1 and engines or machinery that run on both a flammable gas and a flammable liquid may be imported, offered for transport, handled or transported under UN3529, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3529, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or UN3529, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3529, MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED, as appropriate.

(4) Engines or machinery containing liquid fuels that are included in Class 9 but do not meet the classification criteria of any other class, may be imported, offered for transport handled or transported under UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION, as appropriate.

(5) A person must not import, offer for transport, handle or transport an engine or a piece of machinery under one of these shipping names unless it

  • (a) is oriented to prevent inadvertent leakage of the fuel it contains; and
  • (b) is secured by means that will prevent any movement during transport which would change its orientation or cause it to be damaged.

(6) A person must not transport an engine or piece of machinery under one of these shipping names unless all valves and openings, including venting devices, are closed during transport.

(7) Despite the requirements in Part 4 (Dangerous Goods Safety Marks) of these Regulations, if an engine or piece of machinery is imported, offered for transport, handled or transported under one of these shipping names, either of the following safety marks must be displayed on the engine or piece of machinery:

  • (a) a placard and UN number on two opposite sides; or
  • (b) a label, a UN number and a shipping name on two opposite sides.

(8) An engine or piece of machinery must not be imported, offered for transport, handled or transported under one of these shipping names unless

  • (a) in the case of an engine or piece of machinery that contains or is intended to contain a liquid fuel included in Class 3 or 9, the fuel tank meets the applicable requirements of Part 5 (Means of Containment) for that fuel; and
  • (b) in the case of an engine or piece of machinery that contains or is intended to contain a gaseous fuel included in Class 2.1, the fuel tank meets the applicable requirements of Part 5 (Means of Containment) for that fuel.

(9) If an engine or piece of machinery is imported, offered for transport, handled or transported under one of these shipping names, it must be packed in accordance with Packing Instruction P005 of the UN Recommendations.

(10) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED, UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED, UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED, UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED, UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION, that are on a road vehicle, a railway vehicle or a ship on a domestic voyage if

  • (a) the engine or piece of machinery has a fuel tank with a capacity of 450 L or less; and
  • (b) the fuel contained in the engine or piece of machinery is a liquid 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 release of the fuel that could endanger public safety.

(11) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to dangerous goods other than fuel that are contained in an engine or piece of machinery and that are required for the functioning or safe operation of the engine or piece of machinery if the engine or piece of machinery is on a road vehicle, a railway vehicle or a ship on a domestic voyage. The dangerous goods other than fuel include batteries, fire extinguishers, compressed gas accumulators and safety devices.

UN3528, UN3529, UN3530

155

(1) If these dangerous goods are stabilized by temperature control, they must be offered for transport, handled and transported in accordance with section 7.1.6 of the UN Recommendations.

(2) If chemical stabilization is employed, the person offering the means of containment for transport must ensure that the level of stabilization will prevent a dangerous polymerization of the dangerous goods at a bulk mean temperature of 50°C in the case of a small means of containment or an intermediate bulk container (IBC) or, in the case of a large means of containment that is not an IBC, at a bulk mean temperature of 45°C.

(3) If chemical stabilization may become ineffective at lower temperatures within the anticipated duration of transport, temperature control is required. In determining whether chemical stabilization may become ineffective at lower temperatures, the person offering the means of containment for transport must take at least the following the factors into consideration:

  • (a) the capacity and geometry of the means of containment and the effect of any insulation;
  • (b) the temperature of the dangerous goods when offered for transport;
  • (c) the duration of the transport and the seasonal ambient temperature conditions typically encountered during transport; and
  • (d) the effectiveness and other physical or chemical properties of the stabilizer employed.

UN1010, UN1051, UN1060, UN1081, UN1082, UN1085 to UN1087, UN1092, UN1093, UN1143, UN1167, UN1185, UN1218, UN1246, UN1247, UN1251, UN1301 to UN1304, UN1545, UN1589, UN1614, UN1724, UN1829, UN1860, UN1917, UN1919, UN1921, UN1991, UN2055, UN2200, UN2218, UN2227, UN2251, UN2277, UN2283, UN2348, UN2352, UN2383, UN2396, UN2452, UN2521, UN2527, UN2531, UN2607, UN2618, UN2838, UN3022, UN3073, UN3079, UN3531 to UN3534

156 If a vehicle is powered by an internal combustion engine that runs on a flammable liquid and a flammable gas, the vehicle must be offered for transport, handled and transported under UN3166 VEHICLE, FLAMMABLE GAS POWERED.

UN3166

157

(1) This shipping name applies to vehicles that are powered by internal combustion engines or fuel cells that run a flammable liquid or gas.

(2) For the purposes of this special provision, vehicles are self-propelled apparatus designed to carry persons or goods. Examples include cars, motorcycles, trucks, locomotives, scooters, three- and four-wheeled vehicles or motorcycles, lawn tractors, self-propelled farming and construction equipment, boats and aircraft.

(3) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to dangerous goods other than fuels that are contained in integral components of a vehicle if those components are securely installed and are necessary for the operation of the vehicle or for the safety of its operator or passengers. Examples include fire extinguishers, compressed gas accumulators and other safety devices.

UN3166

158

(1) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply in respect of anhydrous ammonia that is adsorbed or absorbed on a solid material that is contained in an ammonia dispensing system or in a pressure receptacle that is intended to form part of an ammonia dispensing system if

  • (a) the adsorption or absorption presents the following properties:
    • (i) the pressure at a temperature of 20°C in the receptacle is less than 60 kPa (0.6 bar),
    • (ii) the pressure at a temperature of 35°C in the receptacle is less than 100 kPa (1 bar), and
    • (iii) the pressure at a temperature of 85°C in the receptacle is less than 1.2 MPa (12 bar);
  • (b) the adsorbent or absorbent material does not meet the criteria in Part 2 (Classification) for inclusion in any of Classes 1 to 8;
  • (c) the pressure receptacle
    • (i) does not contain more than 10 kg of ammonia,
    • (ii) is made of a material that, as specified in special provision 379 of the UN Recommendations, is compatible with ammonia,
    • (iii) is hermetically sealed and able to contain the generated ammonia,
    • (iv) has a means of closure that hermetically seals the pressure receptacle and is able to contain the generated ammonia,
    • (v) is able to withstand the pressure generated at 85°C with a volumetric expansion of 0.1% or less,
    • (vi) is fitted with a pressure release device that allows for gas evacuation without violent rupture, explosion or projection once pressure exceeds 1.5 MPa (15 bar), and
    • (vii) is able to withstand a pressure of 2 MPa (20 bar) without leakage when the pressure relief device is deactivated; and
  • (d) in the case of a pressure receptacle that is contained in an ammonia dispensing system, the pressure receptacle is connected to the system in such a way that the whole system has the same strength as a pressure receptacle that is not contained in an ammonia dispensing system.

(2) The mechanical strength properties set out in subsection (1) must be tested

  • (a) using a prototype of a pressure receptacle that is filled to nominal capacity or a prototype of a pressure receptacle that is filled to nominal capacity and is contained in an ammonia dispensing system; and
  • (b) by increasing the temperature until the pressures specified in subsection (1) are reached.

UN1005, UN3516

159

(1) Subject to subsection (2), the label and placard to be used for these dangerous goods is the one illustrated under the heading “Class 9, Lithium Batteries” in the appendix to Part 4 (Dangerous Goods Safety Marks).

(2) The generic Class 9 label may be used until December 31, 2018.

UN3090, UN3091, UN3480, UN3481

160 These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply in respect of the offering for transport, handling or transporting of table tennis balls that are manufactured from celluloid if the net mass of each table tennis ball is less than or equal to 3 g and the total net mass of table tennis balls is less than or equal to 500 g per package.

UN2000

161

(1) Before loading, these dangerous goods must be cooled to ambient temperature, unless they have been calcined to remove moisture.

(2) During transport, a large means of containment containing bulk loads of these dangerous goods must be ventilated and protected against ingress of water.

UN3170

162

(1) Uranium hexafluoride must not be offered for transport, handled or transported under this shipping name unless the requirements of the “Packaging and Transport of Nuclear Substances Regulations, 2015” have been met.

(2) Despite section 4.10 of Part 4 (Dangerous Goods Safety Marks), a Class 6.1 label and a Class 8 label must be displayed on a means of containment that contains uranium hexafluoride.

UN3507

163 These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases), Part 2 (Classification), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment), do not apply to the offering for transport, handling or transporting on a road vehicle, a railway vehicle or a ship on a domestic voyage of safety matches and wax “Vesta” matches if the outer packaging has a gross mass less than or equal to 25 kg.

UN1944, UN1945

164

(1) Other dangerous goods must not be packed in the same small means of containment as dangerous goods that are Class 6.2, Infectious Substances unless

  • (a) the other dangerous goods are necessary for maintaining the viability or stability of the dangerous goods that are Class 6.2, Infectious Substances, for preventing their degradation or for neutralizing the hazards that they represent;
  • (b) the other dangerous goods are included in Class 3, 8 or 9;
  • (c) the quantity of the other dangerous goods packed in each primary receptacle does not exceed 30 mL; and
  • (d) the other dangerous goods are packed in accordance with the applicable packing instruction set out in CGSB-43.125.

(2) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of the other dangerous goods if the requirements in subsection (1) are met.

UN2814, UN2900, UN3373

165 Despite section 4.2 of Part 4 (Dangerous Goods Safety Marks) or section 6.1 of the Act, the marking for a Type P650 packaging that is set out in CGSB-43.125 may be displayed on an empty packaging.

UN3373

166 Dangerous goods that are included in Class 6.1 due to inhalation toxicity in accordance with paragraph 2.28(c) of Part 2 (Classification) must, as applicable, be offered for transport, handled or transported under UN3381, UN3382, UN3383, UN3384, UN3385, UN3386, UN3387, UN3388, UN3389, UN3390, UN3488, UN3489, UN3490 or UN3491.

UN1614, UN1828, UN2285, UN2478, UN2742, UN2983

167

(1) This shipping name applies only to an apparatus, piece of equipment or piece of machinery if it contains dangerous goods as an integral element. This shipping name must not be used for an apparatus, piece of equipment or piece of machinery for which a shipping name already exists in Schedule 1.

(2) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of an apparatus, piece of equipment or piece of machinery under this shipping name if

  • (a) the apparatus, piece of equipment or piece of machinery is on a road vehicle, a railway vehicle or a ship on a domestic voyage;
  • (b) the apparatus, piece of equipment or piece of machinery is designed to perform a function other than solely to contain the dangerous goods;
  • (c) the dangerous goods that the apparatus, piece of equipment or piece of machinery contains
    • (i) are not explosives,
    • (ii) are not intended to be discharged from the apparatus, piece of equipment or piece of machinery, and
    • (iii) have a number that is set out in column 6(a) of Schedule 1 and
      • (A) have, in the case of a solid, a mass that is less than or equal to that number when it is expressed in kilograms,
      • (B) have, in the case of a liquid, a volume that is less than or equal to that number when it is expressed in litres, and
      • (C) are, in the case of a gas, including a gas in a liquefied form, contained in one or more means of containment whose total capacity is less than or equal to that number when it is expressed in litres.

(3) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of an apparatus, piece of equipment or piece of machinery under this shipping name if

  • (a) the apparatus, piece of equipment or piece of machinery is on a road vehicle, a railway vehicle or a ship on a domestic voyage;
  • (b) the apparatus, piece of equipment or piece of machinery is designed to perform a function other than solely to contain the dangerous goods and, once it contains the dangerous goods, is not classified as an explosive in accordance with the “Explosives Regulations, 2013”; and
  • (c) the dangerous goods that the apparatus, piece of equipment or piece of machinery contains
    • (i) are explosives,
    • (ii) are not intended to be discharged from the apparatus, piece of equipment or piece of machinery,
    • (iii) have, in the case of explosives that are not subject to special provision 85 or 86, a number that is set out in column 6(a) of Schedule 1 and have a net explosives quantity that is less than or equal to that number when it is expressed in kilograms,
    • (iv) are, in the case of explosives that are subject to special provision 85, in a quantity that is less than or equal to 15,000 articles, and
    • (v) are, in the case of explosives that are subject to special provision 86, in a quantity that is less than or equal to 100 articles.

(4) If an apparatus, piece of machinery or piece of equipment is offered for transport, handled or transported under this shipping name and it contains more than one item of dangerous goods, the items must not be capable of reacting dangerously with one another in a way that causes

  • (a) the combustion or evolution of considerable heat;
  • (b) the evolution of flammable, toxic or asphyxiant gases;
  • (c) the formation of corrosive substances; or
  • (d) the formation of unstable substances.

UN3363

168 Subparagraph 3.5(1)(c)(vii), section 4.23, Part 7 (Emergency Response Assistance Plan) and special provision 23 do not apply to UN1831, SULFURIC ACID, FUMING with less than 30 % free SULFUR TRIOXIDE.

UN1831

152 Schedule 3 to the Regulations is amended by striking out the following:

Col. 1A

Col. 1B

Col. 2

Col. 3

Col. 4

Shipping or Technical Name

Appellation réglementaire ou technique

Primary Class

UN Number

Marine Pollutant

Isodecyl diphenyl phosphate

Phosphate d’isodécyle et de diphényle

9

See UN3082

P

Tolyl phosphate

Phosphate de tolyle

6.1

See UN2574

P

153 Schedule 3 to the Regulations is amended by striking out “P” in column 4 opposite the following shipping and/or technical names in column 1A:

  • (a) ALDEHYDES, N.O.S.;
  • (b) meta-Chlorotoluene; and
  • (c) para-Chlorotoluene.

154 Schedule 3 to the Regulations is amended by replacing the shipping and/or technical names “Desmediphan”, “Drazoxolon (see PESTICIDE, N.O.S.)”, “Ethylene dibromide and methyl bromide, liquid mixture”, “Oxamyl (see PESTICIDE, N.O.S.)” and “POLYESTER RESIN KIT”, in column 1A with “Desmedipham” “Drazoxolon (see ORGANOCHLORINE PESTICIDE)”, “Ethylene dibromide and methyl bromide mixture, liquid”, “Oxamyl (see CARBAMATE PESTICIDE)” and “POLYESTER RESIN KIT, liquid base material”, respectively.

155 Schedule 3 to the Regulations is amended by replacing the shipping and/or technical names “Desmédiphan”, “Drazoxolon (voir PESTICIDE, N.S.A.)”, “Oxamyl (voir PESTICIDE, N.S.A.)”, “Poudre de blanchiment”, “TROUSSE DE RÉSINE POLYESTER”, in column 1B with “ Desmédipham”, “Drazoxolon (voir PESTICIDE ORGANOCHLORÉ)”, “Oxamyl (voir CARBAMATE PESTICIDE)” “Chlorure de chaux” et “TROUSSE DE RÉSINE POLYESTER, constituant de base liquide”, respectively.

156 Schedule 3 to the Regulations is amended by replacing the reference “See UN3077” in column 3 opposite the shipping and/or technical name to “Mercurous chloride” in column 1A with the reference “See UN2025”.

157 Schedule 3 to the Regulations is amended by replacing the references to “9” and “UN3166” in columns 2 and 3 opposite the reference to “ENGINE, FUEL CELL, FLAMMABLE GAS POWERED” in column 1A, with references to “2.1” and “UN3529”, respectively.

158 Schedule 3 to the Regulations is amended by replacing the references to “9” and “UN3166” in columns 2 and 3 opposite the reference to “ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED” in column 1A, with references to “3” and “UN3528”, respectively.

159 Schedule 3 to the Regulations is amended by replacing the reference to “UN3166” in columns 3 opposite the reference to “ENGINE, INTERNAL COMBUSTION” in column 1A, with a reference to “UN3530”.

160 The portion of the Shipping or Technical Name “Nabam (see THIOCARBAMATE PESTICIDE)” in colums 1A, 1B and 3 of Schedule 3 to the Regulations is replaced by the following:

Col. 1A

Col. 1B

Col. 3

Shipping or Technical Name

Appellation réglementaire ou technique

UN Number

Nabam

Nabame

See Note 1

161 Schedule 3 to the Regulations is amended by adding “P” in column 4 opposite the following shipping or technical names in column 1A:

  • (a) ALLYL ALCOHOL;
  • (b) Aminobenzene;
  • (c) AMMONIA, ANHYDROUS;
  • (d) AMMONIA SOLUTION, relative density between 0.880 and 0.957 at 15°C in water, with more than 10% but not more than 35% ammonia;
  • (e) AMMONIA SOLUTION, relative density less than 0.880 at 15 °C in water, with more than 35% but not more than 50% ammonia;
  • (f) AMMONIA SOLUTION, relative density less than 0.880 at 15°C in water, with more than 50% ammonia;
  • (g) ANILINE;
  • (h) Aniline oil;
  • (i) Bleaching powder;
  • (j) sec-Butyl benzene;
  • (k) BUTYLBENZENES;
  • (l) CALCIUM HYPOCHLORITE, DRY with more than 39% available chlorine (8.8% available oxygen);
  • (m) CALCIUM HYPOCHLORITE, DRY, CORROSIVE with more than 39% available chlorine (8.8% available oxygen);
  • (n) CALCIUM HYPOCHLORITE, HYDRATED, with not less than 5.5% but not more than 16% water;
  • (o) CALCIUM HYPOCHLORITE, HYDRATED, CORROSIVE with not less than 5.5% but not more than 16% water;
  • (p) CALCIUM HYPOCHLORITE, HYDRATED MIXTURE, with not less than 5.5% but not more than 16% water;
  • (q) CALCIUM HYPOCHLORITE, HYDRATED MIXTURE, CORROSIVE with not less than 5.5% but not more than 16% water;
  • (r) CALCIUM HYPOCHLORITE MIXTURE, DRY with more than 10% but not more than 39% available chlorine;
  • (s) CALCIUM HYPOCHLORITE MIXTURE, DRY with more than 39% available chlorine (8.8% available oxygen);
  • (t) CALCIUM HYPOCHLORITE MIXTURE, DRY, CORROSIVE with more than 10% but not more than 39% available chlorine;
  • (u) CALCIUM HYPOCHLORITE MIXTURE, DRY, CORROSIVE with more than 39% available chlorine (8.8% available oxygen);
  • (v) ortho-Chlorotoluene;
  • (w) Creosote salts;
  • (x) CYCLOHEPTANE;
  • (y) DIMETHYL DISULFIDE;
  • (z) DIMETHYL DISULPHIDE;
  • (z.01) DINITROTOLUENES, LIQUID;
  • (z.02) DINITROTOLUENES, MOLTEN;
  • (z.03) DINITROTOLUENES, SOLID;
  • (z.04) HEPTANES;
  • (z.05) HEXANES;
  • (z.06) HYPOCHLORITE SOLUTION, more than 7% available chlorine;
  • (z.07) Isooctane;
  • (z.08) ISOPRENE, STABILIZED;
  • (z.09) Mesitylene;
  • (z.10) N-METHYLANILINE;
  • (z.11) METHYLCYCLOHEXANE;
  • (z.12) 2-Methyl-2-phenylpropane;
  • (z.13) NAPHTHALENE, CRUDE;
  • (z.14) NAPHTHALENE, MOLTEN;
  • (z.15) NAPHTHALENE, REFINED;
  • (z.16) NONANES;
  • (z.17) OCTANES;
  • (z.18) alpha-PINENE;
  • (z.19) Phenylamine;
  • (z.20) 1-Phenylbutane;
  • (z.21) 2-Phenylbutane;
  • (z.22) PINE OIL;
  • (z.23) PROPYLENE TETRAMER;
  • (z.24) TOLUIDINES, LIQUID;
  • (z.25) TOLUIDINES, SOLID;
  • (z.26) 1,3,5-TRIMETHYLBENZENE;
  • (z.27) TRIPROPYLENE;
  • (z.28) TURPENTINE;
  • (z.29) ZINC CHLORIDE, ANHYDROUS; and
  • (z.30) ZINC CHLORIDE SOLUTION.

162 Schedule 3 to the Regulations is amended by adding the following in the alphabetical order of column 1A:

Col. 1A

Col. 1B

Col. 2

Col. 3

Col. 4

Shipping or Technical Name

Appellation réglementaire ou technique

Primary Class

UN Number

Marine Pollutant

Acroleic acid, stabilized

Acide acroléique stabilisé

8

See UN2218

P

2,4-Dichlorophenol

Dichlorophénol-2,4

6.1

UN2020

P

1,3-Dichloropropene

1,3-Dichloropropène

3

UN2047

P

Dodecene

Dodecène

3

See UN2850

P

HALOGENATED MONOMETHYLDIPHENYLMETHANES, LIQUID

MONOMÉTHYLDIPHÉNYLMÉTHANES HALOGÉNÉS LIQUIDES

9

UN3151

P

HALOGENATED MONOMETHYLDIPHENYLMETHANES, SOLID

MONOMÉTHYLDIPHÉNYLMÉTHANES HALOGÉNÉS SOLIDES

9

UN3152

P

Hexane

Hexane

3

UN1208

P

MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED

MACHINE PILE À COMBUSTIBLE CONTENANT DU GAZ INFLAMMABLE

2.1

UN3529

 

MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED

MACHINE PILE À COMBUSTIBLE CONTENANT DU LIQUIDE INFLAMMABLE

3

UN3528

 

MACHINERY, INTERNAL COMBUSTION

MACHINE À COMBUSTION INTERNE

9

UN3530

 

MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED

MACHINE À COMBUSTION INTERNE FONCTIONNANT AU GAZ INFLAMMABLE

2.1

UN3529

 

MACHINERY. INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED

MACHINE À COMBUSTION INTERNE FONCTIONNANT AU LIQUIDE INFLAMMABLE

3

UN3528

 

Methyl disulfide

Disulfure de méthyle

3

See UN2381

P

Methyl disulphide

Disulfure de méthyle

3

See UN2381

P

Methyldinitrobenzenes, liquid

Méthyldinitrobenzènes liquides

6.1

See UN2038

P

Methyldinitrobenzenes, molten

Méthyldinitrobenzènes fondus

6.1

See UN1600

P

Methyldinitrobenzenes, solid

Méthyldinitrobenzènes solides

6.1

See UN3454

P

Methyldithiomethane

Méthyldithiométhane

3

See UN2381

P

2-Methylheptane

Méthyl-2 heptane

3

See UN1262

P

2-Methylpentane

Méthyl-2 pentane

3

See UN1208

P

POLYESTER RESIN KIT, solid base material

TROUSSE DE RÉSINE POLYESTER, constituant de base solide

4.1

UN3527

 

POLYMERIZING SUBSTANCE LIQUID, STABILIZED, N.O.S.

MATIÈRE LIQUIDE QUI POLYMÉRISE, STABILISÉE, N.S.A

4.1

UN3532

 

POLYMERIZING SUBSTANCE, LIQUID, TEMPERATURE CONTROLLED, N.O.S.

MATIÈRE LIQUIDE QUI POLYMÉRISE, AVEC RÉGULATEUR DE TEMPÉRATURE, N.S.A

4.1

UN3534

 

POLYMERIZING SUBSTANCE, SOLID, STABILIZED, N.O.S.

MATIÈRE SOLIDE QUI POLYMÉRISE, STABILISÉE, N.S.A

4.1

UN3531

 

POLYMERIZING SUBSTANCE, SOLID, TEMPERATURE CONTROLLED, N.O.S.

MATIÈRE SOLIDE QUI POLYMÉRISE, AVEC RÉGULATEUR DE TEMPÉRATURE, N.S.A

4.1

UN3533

 

Propenoic acid, stabilized

Acide propénoïque stabilisé

8

See UN2218

P

Propenyl alcohol

Alcool propénylique; ou Propène-2 ol-1

6.1

See UN1098

P

ROCKET MOTORS

PROPULSEURS

1.4C

UN0510

 

Sodium hypochlorite solution

Hypochlorite de sodium en solution

8

See UN1791

P

Tetrapropylene

Propylène, tétramère du; ou Tétramère du propylène

3

UN2850

P

2,2,4-Trimethylpentane

Triméthyl-2,2,4 pentane

3

See UN1262

P

Transitional Provision

163 A person may, for the six-month period that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day, except for the following provisions:

  • (a) section 5.1;
  • (b) section 5.14.2;
  • (c) section 5.15;
  • (d) section 5.15.1;
  • (e) section 5.15.2; and
  • (f) section 5.15.11.

Coming Into Force

164 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The international community regularly makes updates to the United Nations (UN) Model Regulations (UN Recommendations) and international modal regulations for the different modes of transport for transportation of dangerous goods. These changes need to be made in the Transportation of Dangerous Goods Regulations (TDGR) to align with international requirements and reduce confusion and burden for Canadian and foreign stakeholders. The most recent updates include the addition of new marine pollutants to the International Maritime Dangerous Goods Code (IMDG Code), new requirements for dangerous goods safety marks for fumigated cargo and for lithium batteries. New classifications and provisions were added for engines and resin kits in the 19th edition of the UN Recommendations, as well as new provisions regarding the classification of polymerizing substances and viscous liquids.

The TDGR incorporate by reference the International Civil Aviation Organization (ICAO) Technical Instructions, Title 49 of the Code of Federal Regulations of the United States (49 CFR),the IMDG Code and several technical standards. However, these documents are updated regularly and as a result the versions incorporated by reference into the TDGR have not always been the most current ones. Although section 1.9 of the TDGR allows a regulatee to comply with the most recent version of ICAO, the IMDG Code and the 49 CFR, this has been confusing for stakeholders and led to increased burden since a regulatory amendment is required to update the reference in the TDGR to the newest versions.

Differences between the Canadian TDGR (and the safety standards or requirements incorporated by reference into the TDGR) and those of the United States (U.S.) can cause an impediment for shippers on both sides of the border, as they contend with two sets of requirements. The lack of harmonization, in particular with respect to pressure receptacles and permits for equivalent level of safety (commonly called equivalency certificates), has imposed burden on business operation, on cross-border trade and on the gas industry.

The Canadian General Standards Board recently updated the standard CAN/CGSB-43.125, “Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste,” and the standard CGSB-43.146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, classes 3, 4, 5, 6.1, 8 and 9,” after 17 years. Before this amendment, when standards were updated, the TDGR needed to be revised to reflect the changes, since the standards were incorporated by reference into the TDGR as they existed when the regulation incorporating the documents was made.

In addition, propane cylinders used for hot air ballooning are not certified cylinders under the TDGR and are therefore not compliant with the TDGR. The TDGR allows dangerous goods to be transported by road in cylinders that are not certified under the TDGR from or for a ship or aircraft for the purpose of refilling, exchange or requalification if certain conditions are met. However, this exemption could not be used to allow the transport of hot air balloon cylinders by road to and from launch or landing sites or to storage facilities, as these activities are not for the purpose of refilling, exchanging or requalification. The temporary solution had been to issue equivalency certificates under the TDGR to allow the transport of the non-specification cylinders, but it was not an ideal long-term solution.

Protective Direction (PD) 38 was issued in July 2016 to further accelerate the phase-out of both jacketed and unjacketed legacy DOT-111 tank cars from being used for crude oil service in Canada. In addition to the accelerated timelines, PD 38 makes the distinction that, with respect to UN1268, the phase-out applies only if it is crude oil. Other dangerous goods may be transported under UN1268 in legacy DOT-111 tank cars if they are not crude oil. The TDGR did not reflect the accelerated timelines or the clarification that they apply to UN1268 that is crude oil. This created confusion for regulatees.

Background

In Canada, the transportation of dangerous goods is regulated under the Transportation of Dangerous Goods Act, 1992 (TDG Act), the TDGR made under the TDG Act and standards incorporated by reference into the TDGR. To ensure consistency among regulatory systems around the world, the UN develops recommendations (UN Recommendations), with the input of member countries, including Canada, to harmonize the hazard classification criteria and hazard communication tools as well as the transport conditions of dangerous goods for all modes of transport. Canada is involved in the development of all aspects of the UN Recommendations for the transportation of dangerous goods and is a member of United Nations agencies, such as ICAO and the International Maritime Organization, and contributes to updates of the ICAO Technical Instructions and the IMDG Code. As a member of these agencies, it is expected that Canada, when revising or developing regulations respecting the transport of dangerous goods, will endeavour to incorporate the principles laid down in the UN Recommendations and the international modal regulations in order to increase worldwide harmonization in the field. As a result, the TDGR are updated periodically to harmonize the TDGR, to the greatest extent possible, with the UN Recommendations and the international modal regulations. This internationally harmonized system helps carriers, consignors and inspecting authorities by facilitating compliance and trade between countries and by enhancing the safety of the transportation of dangerous goods both domestically and internationally.

The TDGR incorporate by reference the UN Recommendations, the ICAO Technical Instructions and the IMDG Code for requirements such as classification, labelling and marking of means of containment, transport documentation and safety marks for dangerous goods. The TDGR also specify that people involved in handling such goods must be appropriately trained to ensure they can safely handle and transport dangerous goods.

Bill S-2, Incorporation by Reference in Regulations Act (short title), brought forward amendments to the Statutory Instruments Act specifically aimed at addressing incorporation by reference and was granted royal assent on June 18, 2015. The amendments to the Statutory Instruments Act provide explicit power to incorporate by reference standards in regulation on an ambulatory basis (as they are amended from time to time) in the case of documents not produced by the regulation-making authority. Incorporation by reference of documents brings the content of a document that is externally or internally generated into a regulation, without the need to reproduce the document in the regulation itself. If the reference in the regulation is a “static” reference (not an ambulatory reference), the document is incorporated and becomes part of the regulation as it exists at the time that the regulation comes into force. If the referenced document is amended after it is incorporated, the amended version is not automatically incorporated, and the version of the document referred to in the regulation continues to apply. The regulation would need to be amended to adopt the most recent version of the incorporated document. By incorporating by reference the document on an ambulatory basis, any change to that document would automatically become part of the regulation.

Objectives

This amendment has several objectives. The first is to harmonize the TDGR with international regulatory requirements by updating the TDGR to incorporate changes introduced in the 19th edition of the UN Recommendations, the IMDG Code 2016 and the 2015–2016 ICAO Technical Instructions with respect to safety marks, classification information, shipping names, special provisions and marine pollutants.

The second objective is to introduce the ambulatory incorporation by reference (also known as “dynamic” incorporation by reference) of the UN Recommendations, the IMDG Code, the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions as well as the UN Manual of Tests and Criteria (MOTC) and 14 technical standards incorporated in the TDGR. Canadian stakeholders will be required to use the most recent versions of those documents.

Another objective of the amendment is to reduce regulatory barriers to cross-border trade with the United States by formally recognizing aspects of the U.S. regulatory regime and by increasing reciprocity of regulatory requirements for pressure receptacles and approvals between Canada and the United States by aligning national standards and regulations.

The amendment also eliminates the need to obtain an equivalency certificate in order to transport hot air balloon cylinders of propane by road, rail or ship.

In addition, the amendment updates the TDGR to reflect the requirements in PD 38 regarding the accelerated phase-out of legacy DOT-111 tank cars.

Description

The Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016) [amendment] update the TDGR to harmonize them with the 19th edition of the UN Recommendations. Some changes have also been made to ensure consistency with the ICAO Technical Instructions, the IMDG Code and the U.S. 49 CFR.

New UN numbers, shipping names and related provisions

Through this amendment, 11 new UN numbers are added to align the TDGR with the 19th edition of the UN Recommendations, and two new alternate shipping names are added to existing UN numbers. Changes have also been made to the TDGR to reflect provisions that were amended or added to the UN Recommendations related to these new UN numbers and shipping names. The following are the main changes.

POLYESTER RESIN KIT, for which there was previously only one UN number, is now assigned different numbers for the solid and liquid forms. UN3269 continues to be used for POLYESTER RESIN KIT, liquid base material, while a new number, UN3527, has been given to POLYESTER RESIN KIT, solid base material. A new provision (special provision 153) is added to provide criteria for determining the packing group for these resin kits.

Engines and machinery are no longer listed together with vehicles under UN3166 but are given new UN numbers and shipping names depending on the classification of the type of fuel that powers them. New provisions are added for engines and vehicles related to the new classifications. These new provisions (special provisions 154, 156 and 157) assist in determining the correct classification to use for consignment and to provide or clarify certain exemptions. One new provision (special provision 154) includes new packing instructions for engines and machinery and grants exemptions from several requirements of the Regulations, including those for standardized means of containment, safety marks and shipping documents, for engines, machinery and equipment with fuel tanks of 450 L or less. It also provides exemptions for dangerous goods, such as batteries and fire extinguishers, that are contained in engines or machinery and are necessary for them to function safely. The exemption for gasoline to operate an instrument or equipment (special case 1.34.1) has been removed from the TDGR as the exemption for gasoline in a fuel tank is covered under the new special provision 154.

Special provision 154 requires that fuel tanks in engines or machinery meet the requirements in Part 5 (Means of Containment) of the TDGR. This means that tanks that contain Class 3 or Class 9 liquid fuel must meet the requirements in technical standards CSA B146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8 and 9,” and CSA B621, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9.” Tanks that contain Class 2.1 gaseous fuel must meet the requirements in technical standard CSA B340, “Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2.”

Four new UN numbers have been added for polymerizing substances based on their state (liquid or solid) and whether they are temperature-controlled or chemically stabilized. A new provision (special provision 155) is added that sets out specific requirements for transport for these temperature-controlled substances and for chemically stabilized polymerizing substances.

A new UN number, UN0510, is added for rocket motors and is assigned a packing group and limits that reflect those of other explosives with similar properties.

The new alternate shipping names HALOGENATED MONOMETHYLDIPHENYLMETHANES, LIQUID, regulated only when the concentration is more than 50 ppm, by mass, and HALOGENATED MONOMETHYLDIPHENYLMETHANES, SOLID, regulated only when the concentration is more than 50 ppm, by mass, are allowed to be used for UN3151 and UN3152, respectively.

Classification updates

The amendment presents updates to several classification provisions of the TDGR to align the TDGR with the requirements in the 19th edition of the UN Recommendations. These updates include the revision of the classification criteria for the selection of packing groups for viscous flammable liquids; clarification of classification criteria for polymerizing substances under Class 4.1, Flammable Solids; new provisions to assist in the classification of radiation detectors; and new requirements for the transport of certain chemically unstable substances (i.e. Class 2, Class 3, Division 6.1 and Class 8). An option is now available to conduct an alternative test that is less subjective, less toxic and non-carcinogenic, for assigning packing groups to Class 5.1, Oxidizing Substances. The TDGR are updated to reflect the addition of subsidiary Class 6.1, Toxic Substances, to UN2815, N-AMINOETHYLPIPERAZINE, UN2977, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, FISSILE and UN2978, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, non-fissile or fissile excepted, in the current edition of the UN Recommendations.

Changes are made to a special provision (special provision 67) for the classification of battery-powered vehicles and equipment. The changes clarify that the shipping name BATTERY-POWERED VEHICLE applies to a vehicle that is transported in a means of containment even if some parts of the vehicle (for example its wheels) have been detached from their frame in order to fit into the means of containment. It also provides exemptions for other dangerous goods (that are not batteries) that are contained in the vehicle and that are necessary for it to function safely.

Under this amendment, a new provision (special provision 167) is added to clarify that dangerous goods in an instrument or in equipment must be transported under UN3363. Although they will be transported under UN3363 instead of the UN number of the dangerous good contained in the instrument or equipment, the exemptions from requirements for shipping documents, dangerous goods safety marks and means of containment that are provided in the TDGR for these dangerous goods when they are contained in small quantities continue to apply.

New marine pollutants

The amendment updates the marine pollutants list in Schedule 3 to align with the IMDG Code 2016. These changes are based on the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) criteria for marine pollutants.

Standard for infectious substances

The amendment incorporates by reference the National Standard of Canada CAN/CGSB-43.125, “Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste,” as it is amended from time to time. The revised standard includes new names for the different packaging types, packaging requirements aligned with the 19th edition of the UN Recommendations and testing relaxations for road transport. Provisions have also been added to the revised standard for performance requirements for means of containment and technical requirements related to the transport of (bio) medical waste that were in the TDGR. The amendment removes these duplicate provisions from the TDGR and updates references to the various packaging names to reflect the new names used in the revised standard. A new provision (special provision 164) is introduced under the amendment to allow the use of certain dangerous goods necessary for maintaining the viability of, stabilizing or preventing degradation or neutralizing hazards of infectious substances. A new provision (special provision 165) is also added to allow the dangerous good mark for UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B, to be displayed on an empty container as the mark also serves as a certification safety mark under the new standard.

Standard for intermediate bulk containers

The amendment incorporates by reference the National Standard of Canada CAN/CGSB-43.146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8 and 9,” as amended from time to time. The revised standard includes a modified definition of intermediate bulk container (IBC) in which the maximum capacity of an IBC (previously set to 3 000 L) has been removed so that mobile IBCs designed to contain flammable liquids, Class 3, PG III with capacities up to 5 000 L are captured. It permits the use of recycled plastic in the fabrication of both rigid and composite IBCs and sets a maximum period of use of 60 months past the manufacturing date for all rigid plastic IBCs and plastic inner receptacles of composite IBCs. The previous edition allowed up to 120 months for IBCs with a capacity of 450 L or less and for IBCs used to transport Class 9 liquid dangerous goods. It now addresses the “cross bottling” remanufacturing process by introducing new registration and certification mark requirements and setting requirements for quality management systems of manufacturing facilities that assemble the cages and the inner receptacles of IBCs. The revised standard allows mobile IBCs with bottom openings as long as they remain protected by additional construction requirements such as the opening being inside the footprint of the IBC or protected on all sides. The standard now requires that periodic leak tests be conducted for all IBCs when previously they were only required for non-mobile IBCs with capacities over 450 L. Lightweight IBCs need to be tested before each use, which is an increase from the previous requirement of every 30 months.

Dangerous goods safety marks

The amendment introduces the new label for Class 9, Lithium Batteries, and the lithium battery mark found in the 19th edition of the UN Recommendations. The new lithium battery mark must be displayed on the means of containment for lithium cells and batteries (except for certain types and quantities of cells and batteries installed in equipment) that are handled, offered for transport or transported on a road vehicle, a railway vehicle or a ship on a domestic voyage under the exemption for lithium batteries (special provision 34). The marking requirements in the TDGR prior to this amendment continue to be allowed to be displayed until December 31, 2018, at which time the use of the new label for Class 9, Lithium Batteries, and the lithium battery mark become mandatory (special provision 159).

The amendment introduces the recently modified fumigation sign that is required under the IMDG Code to be displayed on large means of containment that have been fumigated with dangerous goods.

In addition, two changes have been made to the requirements with respect to the overpack safety mark for small means of containment to reflect the current UN Recommendations. A minimum letter size of 12 mm is required for the word “OVERPACK” or “SUREMBALLAGE” on at least one side of the overpack and it is no longer necessary to have the word “OVERPACK” or “SUREMBALLAGE” marked on the overpack if a safety mark representative of each class (both primary and subsidiary) of the dangerous goods within the overpack is visible through it.

Changes are made to the requirements for dangerous goods that are toxic by inhalation to align them more closely with the requirements in the U.S. 49 CFR. Instead of the words “toxic by inhalation” or “toxic — inhalation hazard”, the TDGR now require the words “inhalation hazard” to be displayed on the means of containment as is required in the United States. The location of the markings on the means of containment and minimum size requirements for the letters are also aligned with those in the United States. Changes are made to the related special provision (special provision 23) to clarify the requirements and to update the list of UN numbers to which the special provision applies. The United States has toxic by inhalation requirements for six UN numbers for which the UN Recommendations do not. A new special provision (special provision 166) is added to the TDGR to apply to these UN numbers and align with U.S. requirements by requiring that these dangerous goods be assigned shipping names that identify the inhalation hazard.

New definitions

New definitions that align with definitions in the UN Recommendations, the IMDG Code and the ICAO Technical Instructions are added for adsorbed gas, neutron radiation detector and radiation detection system. Definitions for certain types of means of containment used to transport infectious substances and medical waste are repealed and replaced with those used in the revised standard CAN/CGSB-43.125. The definition for aerosol container is replaced with one that aligns with the definition used in the UN Recommendations.

Ambulatory incorporation by reference

This amendment incorporates by reference on an ambulatory basis various international transportation regulations and standards: the UN Recommendations, the IMDG Code, the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions, the 49 CFR, as well as the UN Manual of Tests and Criteria. The following technical standards are also incorporated on an ambulatory basis:

  • National Standard of Canada, CAN/CGSB-43.123, “Aerosol containers and gas cartridges for transport of dangerous goods”;
  • National Standard of Canada CAN/CGSB-43.125, “Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste”;
  • Canadian General Standards Board CGSB-43.126, “Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods”;
  • National Standard of Canada CAN/CGSB-43.146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, classes 3, 4, 5, 6.1, 8, and 9”;
  • Canadian General Standards Board, CGSB-43.151, “Packaging, handling, offering for transport and transport of Explosives (Class 1)”;
  • CSA Standard B339, “Cylinders, spheres, and tubes for the transportation of dangerous goods”;
  • CSA Standard B340, “Selection and use of cylinders, spheres, tubes, and other containers for the transport of dangerous goods, Class 2”;
  • CSA Standard B341, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”;
  • CSA Standard B342, “Selection and use of UN pressure receptacles, multiple-element gas containers, and other pressure receptacles for the transport of dangerous goods, Class 2”;
  • CSA Standard B620, “Highway tanks and TC portable tanks for the transportation of dangerous goods”;
  • CSA Standard B621, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”;
  • CSA Standard B622, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”;
  • CSA Standard B625, “Portable tanks for the transport of dangerous goods”; and
  • CSA Standard B626, “Portable tank specification TC 44”.

A six-month transition period applies to these technical standards to allow compliance with the version of the standard as it reads immediately before the publication of a revised version.

Dangerous goods occurrence report (ICAO)

ICAO reporting requirements for dangerous goods occurrences are adopted under this amendment. They require a person to submit a written report to Transport Canada if dangerous goods are discovered to have been carried without being loaded, segregated or secured in accordance with the storage and loading requirements in the ICAO Technical Instructions or if dangerous goods are discovered to have been carried without the pilot-in-command having been informed. The following information is required to be submitted in the report:

  • the name and contact information of the person making the report;
  • the name of the aircraft operator, aerodrome or air cargo facility;
  • the names and contact information of the consignor and consignee;
  • the date of the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b);
  • the shipping name or UN number of the dangerous goods;
  • a description of the means of containment containing the dangerous goods;
  • the gross mass or capacity of the means of containment and, if applicable, the total number of means of containment;
  • a description of the route by which the dangerous goods were, or were to be transported, including the names of any aerodromes along the route; and
  • a detailed description of the circumstances that lead to the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b), as applicable.
Amendments to implement Regulatory Cooperation Council initiatives
Pressure receptacles

Under the amendment, pressure receptacles (cylinders, tubes and spheres) that meet the U.S. Department of Transportation (DOT) specifications are allowed to be filled with gases such as propane and used in Canada regardless of the date of manufacture. Prior to this amendment, cylinders manufactured after 1992 could only be filled and used in Canada if they conformed to Canadian specifications. The amendment requires that requalification, repair, rebuilding or treatment of Canadian or U.S. specification receptacles be conducted in accordance with Canadian technical standards when done in Canada, with U.S. requirements when done in the United States and with either U.S. or Canadian requirements when done outside of Canada or the United States. The receptacle must be marked in accordance with the standards or requirements used. The amendment also allows aerosol containers that meet U.S. specifications to be transported in Canada regardless of the country in which they were manufactured or filled. Prior to this amendment, Canadian requirements in the TDGR stated that U.S. aerosol containers had to be manufactured and filled in the United States in order to be allowed in Canada.

Approval reciprocity

The amendment allows dangerous goods to be transported into or through Canada by road or rail under special permits issued in the United States under the 49 CFR if the special permit number is on the shipping document. Requirements for documentation still have to be met, and certain dangerous goods, such as those forbidden for transport under the TDGR or those that are not regulated under the 49 CFR, may not be transported under this provision. The special permit will only be accepted up to the first destination in Canada. Any reshipping activities, such as distribution, need to comply with the TDGR or require an equivalency certificate issued under the TDGR. Refused shipments of dangerous goods being returned to the United States or means of containment containing residues do not require equivalency certificates.

Hot air balloon cylinder exemption

The amendment allows hot air balloon cylinders containing propane to be transported by road, rail or ship and allows variations to TDGR filling requirements for those cylinders, under certain conditions. A filling limit of up to 85% liquid full is allowed, which is higher than the filling limit allowed for similar cylinders in Canadian standards.

The following conditions must be met in order to use the exemption. The cylinder must be used solely in a hot air balloon and be marked in the prescribed manner. The hot air balloon must have a valid flight authority as defined in the Canadian Aviation Regulations. The cylinder must be designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport there is no release of the dangerous goods that could endanger public safety. For cylinders that do not meet the Canadian or U.S. specifications, the cylinder must also pass a proof pressure test and an internal and external visual inspection every 10 years. A cylinder that is due to be requalified on or before January 1, 2018, is granted a grace period within which it must be requalified. The grace period ends 12 months after the day on which this amendment comes into force.

The exemption requires that new cylinders manufactured after this amendment comes into force be manufactured in accordance with Canadian standards or with U.S. specifications for cylinders set out in the 49 CFR, or in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and marked in accordance with the Transportable Pressure Equipment Directive (TPED). Cylinders that were manufactured prior to this amendment coming into force may continue to be used as long as they meet the other conditions in the exemption.

The exemption also applies to cylinders that are manufactured and requalified in a foreign country as allowed under Canadian recertification requirements. This exemption enables foreign cylinders to be transported in Canada for use in hot air balloon festivals.

Other changes to harmonize the TDGR with the UN Recommendations

Other changes that align the TDGR with the 19th edition of the UN Recommendations include the addition of new exemptions (special provisions 163 and 160 respectively) for the transport of safety matches and celluloid table tennis balls. Under the amendment, safety matches and wax matches transported by road, rail or ship are granted exemption from most requirements of the TDGR as long as they are transported in an outer packaging with a total weight of 25 kg or less. Celluloid table tennis balls are granted exemption from most requirements of the TDGR if the mass of each ball is less than or equal to 3 g and the total mass per package does not exceed 500 g. A new provision (special provision 158) is also added for anhydrous ammonia adsorbed or absorbed on a solid that specifies conditions to be met when it is contained in a pressure receptacle in an ammonia dispensing system.

TC 51 portable tanks

The amendment allows TC 51 portable tanks to be manufactured in accordance with the 2009 version of the standard CSA B620, “Highway tanks and TC portable tanks for the transportation of dangerous goods.” Prior to this amendment, manufacture of TC 51 tanks was permitted, but now that this standard is incorporated by reference on an ambulatory basis, the most recent version, which does not allow it, must be used. This amendment also allows the use of TC 51 portable tanks that are manufactured under this new provision even though the most recent version of the standard CSA B622, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2” (also incorporated by reference on an ambulatory basis), does not allow their use. This new provision provides an exception to the latest versions of these two standards by permitting their continued manufacture and use.

Accelerated timelines for phase out of legacy DOT-111 tank cars

The amendment updates the TDGR to prohibit the use of both jacketed and non-jacketed legacy DOT-111 tank cars for crude oil service. Prior to this amendment, the deadline in the TDGR to phase out these tank cars was March 1, 2018. However, this deadline was not reflective of the actual requirements because PD 38, which took precedence over the TDGR, already banned the use of jacketed and non-jacketed legacy DOT-111 tank cars for crude oil service as of November 1, 2016.

A change has also been made to specify that the phase-out requirements apply to UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that is crude oil. Other dangerous goods may be transported under UN1268 in legacy DOT-111 tank cars if they are not crude oil.

The amendment introduces an interpretation of the terms “crude oil,” “oil” and “refined petroleum products” that reflect the definitions that are in PD 38.

New special provision for sulfuric acid, fuming with less than 30% free sulfur trioxide

A new special provision (special provision 168) is added for UN1831, SULFURIC ACID, FUMING with less than 30% free SULFUR TRIOXIDE to provide an exemption from the emergency response assistance plan requirements and certain requirements for transporting dangerous goods that are toxic by inhalation.

Other amendments

In addition, typographical corrections and minor miscellaneous changes are made to improve clarity and readability of the TDGR. The changes are as follows:

  • Amend table in section 1.3.1 by repealing the ASTM D1200-94 Standard to reflect the UN Recommendations and ambulatory incorporation by reference;
  • Repeal the italicized text under subparagraph 1.3(2)(d)(iv);
  • Amend paragraph 1.3(2)(d) by adding a new subparagraph as follows: (v) for wastes, preceded or followed by the word “WASTE” or “DÉCHET”;
  • Repeal section 1.9 as it would no longer be needed with ambulatory incorporation by reference;
  • Amend the list of UN numbers in paragraph 1.15(2)(c) by adding UN0510;
  • Repeal section 1.29 as it is no longer needed with the addition of special provision 167;
  • Amend the text under section 1.35 by repealing “4.15” and replacing it by “4.12 and 4.15.2”;
  • Remove the italicized text under subparagraphs 1.44(d)(i) and 1.44(d)(ii);
  • Correct a typographical error in subparagraph 2.24(b)(iv) of the English version by removing the word “Recommentations” and replacing it by adding the word “Recommendations”;
  • Amend the text in paragraph 2.43.1(2)(d) by adding the word “dangerous” so the paragraph reads as follows: “(…) that prevent dangerous reverse (…)”;
  • Amend the reference in paragraph 3.6.1(1)(c) to read “section 5;4.1.6” instead of “section 5.4.1.6”;
  • Amend the text in subsection 4.19(3) by repealing the letters “UN” so the subsection reads as follows: “(…) the number ‘3475’ must be displayed, in addition to the UN number, without the prefix ‘UN’, (…)”;
  • Amend Part 5 table of contents so the title before 5.17 reads as follows: “Class 7, Radioactive Materials”;
  • Amend subparagraph 8.16(2)(a)(xii) in the French version so that it reads as follows: “UN1826, ACIDE SULFONITRIQUE RÉSIDUAIRE ou ACIDE MIXTE RÉSIDUAIRE contenant plus de 50 % d’acide nitrique”;
  • Amend column 2 in Schedule 1 for UN0014 by adding CARTRIDGES FOR TOOLS, BLANK;
  • Amend column 2 in Schedule 1 for UN2025 so that the shipping reads as follows: “MERCURY COMPOUND, SOLID, N.O.S., except cinnabar”;
  • Amend column 6(a) in Schedule 1 for UN3316 to remove special provision 141 and add special provision 65;
  • Amend the shipping name in column 2 of Schedule 1 for UN3481 in the French version to read as follows: “PILES AU LITHIUM IONIQUE CONTENUES DANS UN ÉQUIPEMENT (…)”;
  • Amend paragraph (1)(d) of special provision 34 by changing the reference to read “paragraph 2.43.1(2)(a) of Part 2 (Classification)”;
  • Amend the French version of special provision 56 to reflect the English version;
  • Amend the list of UN numbers in special provision 69 by adding “UN1944, UN1945, UN2254”;
  • Repeal special provision 91;
  • Amend special provision 115 by removing italics and adding text to provide clarification;
  • Replace paragraphs (1)(a) to (c) of special provision 123 with: “(a) the cells or batteries are handled, offered for transport, transported or imported in accordance with packing instruction P910 of the UN Recommendations; and (b) the pre-production prototypes of cells and batteries are in transport for the purpose of testing.”;
  • Amend the list of UN numbers in special provision 123 by adding “UN3091 and UN3481”;
  • Repeal special provision 151; and
  • Amend column 3 in Schedule 3 for “Mercurous chloride” by replacing “See UN3077” with “See UN2025”.

“One-for-One” Rule

Transport Canada has considered the potential impacts of this regulatory amendment on administrative burden for businesses, and has determined that the “One-for-One” Rule applies. While some aspects of the amendment decrease administrative burden, other aspects increase it. Overall, the amendment constitutes an “IN”, as the net administrative burden costs are higher than the reductions.

A cost-benefit analysis has been conducted to assess the impact of the amendment on stakeholders based on a 10-year (2017–2026) time period and a 7% discount rate.

Dangerous goods occurrence reports

Under the amendment, a report to Transport Canada by the air operator is required if dangerous goods are discovered to have been carried when not loaded, segregated, separated or secured in accordance with the storage and loading requirements in the ICAO Technical Instructions or if dangerous goods are discovered to have been carried without the required information having been provided to the pilot-in-command. It is estimated that approximately 60 dangerous goods occurrence reports will be required to be submitted per year under the amendment. Although this is a new requirement, Transport Canada already receives approximately 30 dangerous goods occurrence reports voluntarily each year from various air operators as it is a requirement in the ICAO Technical Instructions. This means that a 100% increase in dangerous goods occurrence reports is expected in the first year after this requirement comes into effect.

It is estimated that it will require one day, approximately 7.5 hours, to collect the data and information required in order to complete the report. Based on an average hourly wage of $29.80, including 25% overhead costs, the present value of the total relevant costs is estimated at $47,039 over the 10-year period, resulting in an annualized value of approximately $6,705.

Hot air balloon exemption

The introduction of an exemption for hot air balloon propane cylinders will reduce the administrative burden associated with the need to apply for equivalency certificates under the TDGR in order to transport them. Transport Canada receives approximately 10 requests for equivalency certificates every two years. These certificates are required to be renewed every two years and take approximately three hours to complete. The present value of the total relevant costs is estimated at $3,033 over the 10-year period, with an annualized value of $432. This is an “OUT”, as it will no longer be required with the introduction of this exemption.

Pressure receptacles

Recognition of pressure receptacles that meet U.S. specifications will remove the need for manufacturers to obtain approvals for the receptacles in both Canada and the United States if they are to be used in both countries. Applying for these approvals (called “registering” in Canada) is an administrative burden for manufacturers. It is estimated that the amendment will eliminate the need for approximately two applications for registration of new pressure receptacles during the 10-year time frame.

Application for renewal of registration of pressure receptacles is required every five years as well as applications to add new designs to the manufacturer’s registration. Transport Canada receives an average of two design submissions for addition to registrations per year. Therefore, it is estimated that approximately two fewer applications for design registration will be required every year under the amendment. The present value of the total relevant costs is estimated at $1,256 over the 10-year period, with an annualized value of $179. This is an “OUT”, as it will no longer be required.

Approvals

The recognition of U.S. special permits will reduce the number of equivalency certificates required to be obtained under the TDGR. Transport Canada receives approximately five applications for equivalency certificates to transport dangerous goods by road or rail per year. It is expected that this number will be reduced by approximately five under the amendment. It is estimated that it takes approximately three hours to complete the applications. The present value of the estimated cost is $3,140 with an annualized value of $447. This would represent an “OUT”, as the burden of having to apply for these certificates is removed under the amendment.

Therefore, the present value of the net “IN” of this amendment would be $39,664 over the 10-year period, resulting in an annualized value of $5,647.

The annualized value of the total administrative burden imposed by the regulations on businesses is $4,026 (note that the figure stated in the “One-for-One” Rule is measured in 2012 dollars, with a present value base year of 2012, as required by the Red Tape Reduction Act, and thus is different from the value of $5,647). As this is a regulatory amendment, only Element A of the “One-for-One” Rule (the dollar value of the change in administrative burden) would apply, which requires an equivalent reduction in administrative burden costs.

Small business lens

The amendment does not fall within the area of applicability of the small business lens, as the total annualized costs are under $1 million. Overall, the amendment is expected to have a low impact on the industry, imposing a cost of $5,647 annually.

Regulatory cooperation

Transport Canada has held ongoing discussions with U.S. regulators to harmonize respective regulations and to increase regulatory transparency and coordination between Canada and the United States under the Regulatory Cooperation Council (RCC) initiatives in order to facilitate North American trade and increase economic competitiveness while maintaining high safety standards. The creation of the RCC was announced by former Prime Minister Stephen Harper and then-President Barack Obama on February 4, 2011, and regulatory cooperation was reconfirmed as a priority by Prime Minister Justin Trudeau and President Donald J. Trump on February 13, 2017, in a joint statement affirming their long-standing commitment to close cooperation. Part of the RCC work plan between Transport Canada and the United States involves mutual recognition of specifications for pressure receptacles so that receptacles such as cylinders used in recreational vehicles and outdoor grills manufactured in either the United States or Canada would be eligible to be filled and used in both countries.

The RCC work plan also includes reciprocal recognition of approvals issued in Canada and the United States with respect to the transportation of dangerous goods. In Canada, a person may apply for an equivalency certificate under the TDG Act in order to conduct an activity in a way that is not consistent with the TDGR. In the United States, a special permit may be requested to carry out an activity that deviates from the requirements of the U.S. 49 CFR. These approvals are issued under their respective legislation to address situations where the Minister or designated person is satisfied that the activity authorized by the equivalency certificate will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the legislation. For example, a new variation in design of a means of containment may provide the same level of safety as one that complies with the TDGR, but since it is not specified in the requirements set out in the TDGR, it would not be considered compliant. In cases where dangerous goods are transported between Canada and the United States, both Canadian and U.S. approvals have been needed. The RCC initiative aims to reduce the burden associated with applying to both countries to obtain approvals for the same shipment. On March 30, 2017, the United States fulfilled their commitment with respect to these RCC objectives through the publication of a final rule which formally recognizes Canadian specifications for pressure receptacles and allows Canadian equivalency certificates to be used in the United States to transport dangerous goods up to the first destination. Through this amendment, Canada will fulfill its commitment with respect to these initiatives.

Another initiative under the RCC is the reciprocal recognition of U.S. one-time movement approvals (OTMAs) and temporary or emergency certificates issued under the TDG Act to move damaged tank cars and means of containment by rail to a nearby location for repair. New provisions with respect to recognition of U.S. OTMAs in Canada were included in the proposed amendment that was published in the Canada Gazette, Part I, on November 26, 2016. The United States, however, did not include reciprocity of OTMAs and Canadian temporary or emergency certificates in the publication of their final rule, thus it is not included in this amendment. Reciprocity of OTMAs may be included in a future amendment after further discussions with U.S. regulators.

Consultation

Canada and the United States held joint meetings with stakeholders in 2012 to share RCC objectives and obtain feedback. Meetings were also held with stakeholders in 2014 and 2015 to consult on the RCC and to develop the 2015 and 2016 RCC Work Plans. Stakeholders consulted on the transportation of dangerous goods initiatives under the RCC included representatives from industry as well as standard development bodies, from both sides of the border. They supported the proposal for mutual recognition of approvals between the two countries.

The proposed amendment was presented to the Transportation of Dangerous Goods (TDG) General Policy Advisory Council and the Multi-Association Committee on TDG stakeholders during the semi-annual meetings held in the fall of 2015. A 26-day web consultation was initiated on February 2, 2016. Twenty submissions were received during the consultation period from various stakeholders, including provincial governments, industry associations, training companies, hot air balloon companies and associations, propane distributors, chemical manufacturers, air transport companies and associations, and the general public.

Stakeholders were supportive of the proposal to include ambulatory references in the TDGR and the proposed hot air balloon exemption. Following the consultations, Transport Canada made changes to the proposed amendment based on comments received. These changes included clarification of the requirements for the use of the lithium battery mark and the lithium battery label by adding references to the two distinct safety marks and requiring that the new dangerous goods occurrence reports be submitted via email instead of by phone.

The proposed amendment was published in the Canada Gazette, Part I, on November 26, 2016, followed by a 60-day public comment period. Eighteen submissions were received during the comment period from various stakeholders, including chemical manufacturers, industry associations, companies that manufacture and service means of containment, provincial government, training companies, hot air balloon companies and fuel distributors. Comments received were taken into consideration in the development of this final amendment.

Many stakeholders expressed support for harmonizing the TDGR with international regulatory requirements by incorporating changes to align with the most recent versions of the UN Recommendations, the IMDG Code and the ICAO TIs. In particular, Transport Canada received many comments supporting the alignment of TDGR requirements regarding the “overpack” marking and the lithium battery mark with those of the UN Recommendations. It was suggested that the special provision (special provision 34) refers to the lithium battery mark requirements in the TDGR, rather than just the illustration of the mark in the appendix to Part 4. Transport Canada agrees and has made that change. The use of a new lithium battery placard was proposed in the Canada Gazette, Part I, amendment but has been removed as the UN Recommendations do not require a placard specific to lithium batteries. In cases where a placard would be required to be displayed on a shipment of lithium batteries, the Class 9 (Miscellaneous Products, Substances or Organisms) placard would still be required.

Many commenters supported the introduction of the ambulatory incorporation by reference of the IMDG Code, ICAO TIs, the 49 CFR and certain technical standards into the TDGR. Support was expressed for Transport Canada’s proposal to follow the same transitional timelines as are in the international modal regulations (e.g. for the IMDG Code). With respect to the technical standards, some commenters requested a transition period to allow time to meet the new requirements when the standards are revised. In response, Transport Canada has added a transition period in which the previous version of the standard may continue to be used during the six months immediately following the publication of the revised standard. One stakeholder also requested that standards developed by Transport Canada be incorporated by reference on an ambulatory basis. Ambulatory incorporation by reference of standards produced by Transport Canada cannot be included in the TDGR as the Statutory Instruments Act does not allow ambulatory incorporation by reference of documents that are produced by the regulation-making authority (Transport Canada in this case). The technical standards incorporated by reference into the TDGR on an ambulatory basis are consensus-based standards developed by independent standard development organizations accredited by the Standard Council of Canada.

Stakeholders encouraged Transport Canada to make efforts to track and document changes to standards and address changes to references that are included in the TDGR. They also encouraged Transport Canada to inform stakeholders and federal and provincial enforcement personnel when new editions have been published. Transport Canada’s Standards Oversight Committee monitors and tracks the progress of standard development work, communicates proposals for policy changes to stakeholders and identifies changes that need to be included in the TDGR. Transport Canada also informs stakeholders when revised standards are published by posting them on Transport Canada’s website and through the Federal-Provincial-Territorial Task Force and the TDG General Policy Advisory Council.

Several stakeholders expressed concern regarding the wording in the new special provision (special provision 155) for the transport of polymerizing substances. They felt it was not clear which parts of the special provision applied to temperature controlled substances. Transport Canada has revised the special provision to clarify which requirements apply to polymerizing substances that are stabilized by temperature control and which apply to those with chemical stabilization. Changes have also been made to the special provision and to section 2.21.1, in response to another comment, to specify the types of means of containment for which the different self-accelerating polymerization temperatures apply.

In order to increase consistency with the documentation requirements for domestic shipments, the proposal included a requirement to have the consignor’s certification on a shipping document for a consignment travelling to, or through, Canada from the United States when doing so in accordance with U.S. requirements. This generated a lot of comments from stakeholders who indicated that this change would create difficulties for regulatees as the U.S. regulations grant several exemptions from this requirement. This new requirement has not been included in the final amendment as Transport Canada feels that further examination of the impacts of this proposed change is required to avoid creating a lack of harmonization.

Many stakeholders supported the reciprocity initiatives to reduce regulatory barriers to cross border trade with the United States and felt that these changes would enhance public safety for pressure receptacles as defined in the TDGR. Some suggested options for further harmonization with the United States. While these aspects are not covered in this amendment, they may be considered in future discussions with the United States related to RCC initiatives.

Clarification was sought regarding changes with respect to the reciprocity of DOT 3-series specification cylinders. Transport Canada does not feel changes are required. The DOT specifications 3A, 3AA, 3AX, 3AAX and 3T are covered by paragraph 5.10(2)(b) of the TDGR by virtue of the definition of “equivalent container” in CSA B340.

Some stakeholders requested that Transport Canada consider recognizing U.S. DOT special permits to the final destination within Canada, not just to the first destination. Transport Canada is limiting the reciprocity of U.S. special permits to first destination as that is what was agreed to by both the Canadian and U.S. administration under the RCC.

Support was expressed for the new hot air balloon cylinder exemption.

One commenter requested that requirements in the TDGR be aligned with those in the TP14877 standard to provide a distinction that requirements related to toxicity by inhalation only apply to UN1831 SULFURIC ACID, FUMING if the concentration of free sulfur trioxide is 30% or greater. In response, Transport Canada has introduced a new special provision that provides exemption from the emergency response assistance plan requirements and toxic by inhalation requirements for sulfuric acid, fuming with less than 30% free sulfur trioxide. The exemption from the toxic by inhalation requirements also aligns with the U.S. 49 CFR.

Stakeholders supported changing the special provision for dangerous goods that are toxic by inhalation (special provision 23) to align more closely with the requirements in the U.S. 49 CFR. It was noted that the requirements in the safety marks section of the TDGR and the revised special provision were not completely harmonized. This was unintentional and has been corrected in the amendment. In response to a stakeholder request, Transport Canada has added minimum size requirements for the required lettering for dangerous goods that are toxic by inhalation as well as for anhydrous ammonia. These minimum sizes align with the sizes required in the U.S. 49 CFR.

One commenter questioned the need for the exemption for dangerous goods in an instrument or in equipment (section 1.29) given the new proposed special provision (special provision 67) that provides the same exemption and adds further requirements and clarification to align with the UN Recommendations. With the addition of the special provision, the exemption becomes redundant and has been removed.

One commenter requested that the designation of marine pollutant be removed from Dodecene in Schedule 3 in anticipation of a possible change to its classification by the UN in the future. No change was made in the final amendment as Transport Canada aligns its marine pollutant designations with the current IMDG requirements. As the IMDG Code is now incorporated by reference into the TDGR on an ambulatory basis, changes made with respect to marine pollutants in the IMDG Code become part of the TDGR.

Rationale

The TDGR required updating to reflect recent changes made by the international community to the IMDG Code, the 19th edition of the UN Recommendations and the ICAO Technical Instructions. The amendment will have a positive impact on national and international trade since harmonization of the TDGR with the UN Recommendations and other international regulations will reduce confusion and make the process of importing and exporting dangerous goods more efficient and less time consuming for consignors and carriers.

New UN numbers, shipping names and related provisions

The addition of the new UN numbers and shipping names will create a classification system that is harmonized with the 19th edition of the UN Model Recommendations and allow dangerous goods to be shipped under appropriate shipping names, which will lead to better hazard communication and increase efficiency of emergency response during incidents by helping emergency personnel make more informed decisions. Alignment of provisions with those in the current version of the UN Recommendations provides clarity and consistency for regulatees.

Related to the new UN numbers and shipping names for dangerous goods contained in engines and vehicles, a new provision increases the quantity limit for gasoline contained in engines, machinery and equipment to which exemptions apply to 450 L from the current limit of 200 L to align the quantity limit with that for diesel, which has similar properties, and to respond to requests from stakeholders to reconsider the current limit. New packing instructions for engines and machinery are also added to align with new instructions in the UN Recommendations

Changes made to the special provision for battery-powered vehicles align with changes made in the most recent edition of the IMDG code.

Marine pollutants

Harmonizing the list of marine pollutants in Schedule 3 of the TDGR with the list in the IMDG Code will facilitate consistent communication of the presence of marine pollutants in a shipment and will ensure safe and efficient transportation. This harmonization will decrease compliance costs for consignors as it removes the burden associated with testing chemicals as marine pollutants.

Classification updates

Updating the classification provisions of the TDGR and aligning them with the 19th edition of the UN Recommendations will assist consignors during the classification of dangerous goods before they offer them for transport by bringing further clarification to the requirements. Allowing an alternative option for conducting the test for assigning packing groups to Class 5.1, Oxidizing Substances, will enable consignors to conduct a test that uses a less toxic, non-carcinogenic substance and is less subjective than the current test that relies on visual determination of burning rates.

Dangerous goods safety marks

Several changes to the TDGR will enable emergency responders to recognize danger more quickly and to better plan emergency response. The changes to the overpack marking requirements will ensure that the safety marks are visible, which will help ensure that the dangerous goods are handled according to their classification and which could potentially reduce incidents with impacts on the environment and safety. Revisions to the size specifications with respect to the overpack marking align the TDGR with new UN Recommendations. Introduction of the new label for Class 9, Lithium Batteries, and the lithium battery mark is consistent with the new safety mark requirements adopted internationally under the UN Recommendations. Changes to the requirements for dangerous goods that are toxic by inhalation will align them more closely with the requirements in the U.S. 49 CFR and will reduce the burden for regulatees who transport these dangerous goods between Canada and the United States.

Standard for infectious substances

Technical requirements pertaining to the selection of means of containment and performance requirements for means of containment that are used in the transport of (bio) medical waste are more appropriately located in the revised standard CAN/CGSB-43.125. The addition of these requirements to the standard allows for their removal from the TDGR.

A provision to allow certain dangerous goods, such as ethanol or acetic acid, to be transported with infectious substances is needed in the TDGR as these dangerous goods are necessary for maintaining the viability, stabilizing or preventing degradation or neutralizing hazards of the infectious substances. This provision aligns the TDGR with the revised standard CAN/CGSB-43.125 and packing instructions in the 19th edition of the UN Recommendations.

A dangerous goods safety mark on an empty container is considered to be misleading and is not allowed under the TDGR. However, since the UN3373 diamond shape marking is a hybrid marking that serves as both a safety mark in the TDGR and a certification safety mark in the new edition of standard CAN/CGSB-43.125, Transport Canada is allowing the non-removable UN3373 mark to be displayed on an empty container so that it will not be considered non-compliant under the TDGR. The UN3373 hybrid marking comes from the UN Recommendations and has been adopted in both 49 CFR and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). If Canada had not adopted this certification safety mark, it would have affected cross-border shipments with the United States.

Standard for intermediate bulk containers

The maximum period of use for rigid plastic IBCs and plastic inner receptacles of composite IBCs with a capacity less than or equal to 450 L, or for IBCs used to transport Class 9 liquid dangerous goods was decreased from 10 years to 5 years to meet the requirements of the current UN Recommendations. The standard was modified to allow mobile IBCs with bottom openings, as the use of mobile IBCs has changed significantly since the publication of the 2002 edition of the standard. At that time, mobile IBCs that were on the Canadian market were mostly mid-size fuel tanks fixed to the back of pick-up trucks used for refuelling equipment. Now, mobile IBCs are used for refuelling equipment but also for equipment such as generators. As a result, the need for bottom openings has increased. Also, there is a need to have drains at the bottom of the IBC to facilitate cleaning and repairs.

Although the 19th edition of the UN Recommendations does not permit the use of recycled plastics in the fabrication of IBCs, it does allow the use of recycled plastics for small containers. Standard CAN/CGSB-43.146 allows recycled plastics to be used in the fabrication of IBCs under certain conditions such as having a quality management system where the specific properties of recycled plastic material used for the production of new IBCs is verified and documented regularly. Allowing the use of recycled plastics benefits manufacturers by providing them with the option and making them more competitive on the international market. This change responds to requests made by some stakeholders during consultation on the standard.

A cross-bottled IBC is a remanufactured IBC in which an inner receptacle from one manufacturer is placed into an outer cage produced by another manufacturer. The standard introduces requirements with respect to this process to provide clarity for regulatees, which was lacking in the previous edition.

The requirement to conduct leak tests for all IBCs was added to align the TDGR with current UN Recommendations. This test is important for mobile IBCs as visual internal inspections alone usually provide very limited results. The introduction of a requirement to conduct a leak test and inspection of lightweight IBCs before each use is more stringent than the UN Recommendations, which require it every 30 months. However, Transport Canada feels that based on their construction, these IBCs should be treated similarly to drums, which need to be reconditioned between each use under the TDGR.

Dangerous goods occurrences

Adopting ICAO reporting requirements for dangerous goods occurrences will allow Transport Canada to monitor compliance in order to target compliance promotion and enforcement action to enhance the safety of air transport. Some air operators have been requesting that these reporting requirements be added to the TDGR.

Amendments to implement RCC initiatives

The amendment will reduce the regulatory barriers to trade with the United States through recognition of U.S. pressure receptacle specifications and special permits for the transport of dangerous goods by road and rail. The result will be reduced costs related to applying for approvals, product testing and export certification, which will ultimately make North America more competitive on the world stage with respect to the movement of gases, in particular propane, across the borders while enhancing the safety, efficiency and reliability of the transportation system.

Recognition of pressure receptacles that meet U.S. specifications will benefit manufacturers, as they are no longer required to obtain dual approvals and put both Canadian and American specification marks on containers that are destined for use in both countries. There are currently two manufacturers of pressure receptacles in Canada. It is expected that one of them will use the proposed new provision to meet U.S. specifications instead of Canadian ones. As a result, they will save the cost of conducting the tests required to register the receptacle in Canada and associated administrative costs of applying for a Canadian approval. End-users of pressure receptacles, such as companies that supply gases to hospitals, laboratories, industries and the average Canadian, will benefit, as they no longer need to requalify the receptacles to meet both U.S. and Canadian specification requirements. The amendment will make it easier to comply with requirements and increase competitiveness.

The Canada Gazette, Part I, proposal waived the requirement to have low pressure receptacles that are made, rebuilt or reheat treated in Canada or the United States inspected by an independent inspector. However, since the United States did not include this change in their final rule, it has been removed from this amendment.

The amendment enables Canada to fulfill commitments under the Memorandum of Cooperation between the U.S. Department of Transportation and Transport Canada, signed in August 2012, and commitments made in the RCC work plans, the most recent of which was announced in 2016. It substantiates the joint statement made on February 13, 2017, by Prime Minister Trudeau and President Trump, expressing their support for Canada–U.S. regulatory cooperation.

Although reciprocity of U.S. OTMAs and Canadian certificates was included in the Canada Gazette, Part I, proposal, Transport Canada did not include reciprocity of U.S. OTMAs in the final amendment since reciprocity of Canadian certificates was not part of the U.S. final rule. As the goal of the RCC reciprocity initiatives is to harmonize respective regulations to increase transparency and coordination between Canada and the United States, implementing only one side of the agreement will not add value for Canadians and will bring confusion to regulatees on both sides of the border.

Ambulatory incorporation by reference

The introduction of ambulatory incorporation by reference in the TDGR requires Canadian consignors and carriers to use the most recent versions of the various international transportation regulations and technical standards, which will increase efficiency and eliminate the burden associated with being in compliance with both current international and outdated domestic regulations. Amending the TDGR takes, at a minimum, 12 to 18 months. The ambulatory incorporation by reference of documents into the TDGR means that any changes to those incorporated documents will automatically become part of the TDGR; thus, this delay will be eliminated. The use of ambulatory incorporation by reference will benefit stakeholders and Government as it will save time and money related to compliance promotion and awareness. Currently, the Government has to answer many questions from stakeholders to explain differences in requirements, in particular with respect to classification and safety marks, due to the lack of harmonization between the Canadian TDGR and international regulations.

A six-month transition period is provided for complying with changes to the 14 technical standards that are incorporated by reference on an ambulatory basis into the TDGR to allow regulatees time to amend design and standard operating procedures should they be needed in order to comply with the updated requirements in the standards. New editions of technical standards are usually published every five years and stakeholders are provided with multiple opportunities to comment on proposed new policies and changes prior to the publication of a revised standard. The standards are developed within multi-stakeholder committees representing all parties affected by the TDG Act and TDGR requirements for means of containment including manufacturers, users, inspection and test bodies, provincial and federal regulatory authorities (including the United States) and also general interest groups. The standards development process requires public consultation (usually 60 days), announced on the Consulting with Canadians website, Transport Canada’s website and the standard organization website. Transport Canada informs its stakeholders through the various standards development organizations that it participates on as well as through other stakeholder groups such as the TDG General Policy Advisory Council and the Federal-Provincial-Territorial Task Force. Given that stakeholders are consulted and informed throughout the development of changes pertaining to means of containment standards, Transport Canada feels that six months is a reasonable transition period to implement the new requirements.

No additional transition period is added for complying with the international modal regulations as the same transitional timelines that are in the international modal regulations apply. The IMDG Code includes a one-year transition period in which regulatees may either continue to meet the requirements in the previous version or comply with the new requirements until the date on which the new requirements become mandatory. For example, the 2014 edition of the IMDG Code was permitted to be applied voluntarily from January 2015 until it came into force on January 1, 2016. Through ambulatory incorporation by reference, this transition period is applicable under the TDGR. As the ICAO Technical Instructions come into force right away there is no transition period for their application. However, as this is the current situation for international transport, stakeholders are not expected to be significantly impacted by the immediate coming into force of the ICAO requirements. Industry associations representing air operators are aware of upcoming changes to the ICAO Technical Instructions prior to publication of a new edition as they are involved in discussions with the Dangerous Goods Panel. Also, training related to the ICAO Technical Instructions is required under both the TDGR and the ICAO Technical Instructions every two years and often coincides with publication of the latest edition; thus, regulatees are kept aware of the current air requirements.

Hot air balloon exemption

The introduction of an exemption for hot air balloon propane cylinders will eliminate the burden associated with the need to apply for equivalency certificates under the TDGR in order to transport these cylinders by road, rail or ship.

Variations from the standard filling requirements are allowed so that the cylinders may be filled in accordance with the instructions for continued airworthiness issued by the manufacturers of the hot air balloons. These manuals provide maintenance instructions that must be followed in order to meet certification requirements under the Canadian Aviation Regulations.

The amendment allows new hot air balloon cylinders to be manufactured in accordance with the specifications in the ADR for hot air balloon propane cylinders, in addition to allowing them to be manufactured to either Canadian or U.S. specifications. This amendment also reflects the understanding that the majority of hot air balloon cylinders will be imported from Europe where they are manufactured to meet the ADR. The ADR and the TPED were recently revised to contain specifications for the construction and transport of hot air balloon propane cylinders. Canadian specifications apply to cylinders in general but not to hot air balloon cylinders in particular. Transport Canada has determined that cylinders built to ADR requirements are acceptable for transport by road, rail or ship in Canada. The majority of manufacturers of these cylinders are located in Europe and are manufacturing them according to the ADR and TPED. Hot air balloon cylinders are not currently manufactured in Canada and their long lifespan results in very little demand for new ones. While most hot air balloon cylinders currently in use in Canada will not need to be replaced for many years, it is expected that cylinders purchased in Canada in the future will typically be imported from European manufacturers.

The amendment also recognizes both Canadian specification cylinders and U.S. DOT specification cylinders, as some hot air balloon cylinders are currently built to U.S. DOT specifications. These specifications are also acceptable for the construction and transport of hot air balloon cylinders. Recognizing hot air balloon cylinders that meet the requirements of the U.S. specifications or the ADR will improve international harmonization and reduce burden for hot air balloonists.

The ADR requires a phased withdrawal of older cylinders in Europe. However, such an approach is unfavourable in Canada because there are only 490 balloons operating domestically, many as hobby balloons, and withdrawal would have a significant impact on the industry as the cost of the currently used stainless steel cylinders is approximately $5,000. Under the amendment, hot air balloon cylinders manufactured before the coming-into-force date continue to be allowed under certain conditions. Requirements regarding use and periodic requalification of the cylinders will ensure safety for continued use of the cylinders.

Other changes to harmonize the TDGR with the UN Recommendations

An exemption for the transport of celluloid table tennis balls is introduced to align the TDGR with the exemption in the 19th edition of the UN Recommendations. The UN Recommendations provide the exemption since although table tennis balls can meet the classification criteria for Class 4.2 (Substances Liable to Spontaneous Combustion) if tested right after they are manufactured, the leaking solvent that causes them to meet the criteria dissipates quickly and they no longer meet the classification criteria to be considered as dangerous goods if they are tested a short time later.

The exemption for the transport of safety matches and the new special provision for anhydrous ammonia adsorbed or absorbed on a solid are also introduced to align the TDGR with the UN Recommendations.

The special provision (special provision 151) that specified the packing instructions that must be followed when transporting lithium batteries by aircraft is repealed as the TDGR now reference the latest edition of the ICAO TIs, which contain the requirement.

TC 51 portable tanks

The provision to allow the manufacture of TC 51 portable tanks in accordance with the 2009 version of the standard CSA B620, “Highway tanks and TC portable tanks for the transportation of dangerous goods,” is added to provide an exception to the latest version of the standard so that these portable tanks may continue to be manufactured as they were prior to the amendment. This change was not included in the proposal that was published in the Canada Gazette, Part I, but has been added to the amendment because the introduction of an ambulatory reference to the CSA B620 standard will require compliance with the latest version of the standard, which does not allow the manufacture of these tanks. The option to manufacture TC 51 portable tanks was removed from the 2014 version of the standard (which was not referenced in the TDGR prior to this amendment) to align with U.S. requirements, however, adoption of this new requirement would have negative effects on the agriculture and propane industries in Canada. If TC 51 tanks could not be manufactured and used in Canada, regulatees would have to use the new UN portable tanks required under the CSA B625 standard on “Portable tanks for the transport of dangerous goods” which are not compatible with the intended agricultural use for transporting anhydrous ammonia or for propane. Also, changes in the standard CSA B622, “Selection and use of highway tanks, TC portable tanks and ton containers for the transportation of dangerous goods, Class 2,” prohibit the use of new non-specification American Society of Mechanical Engineers (ASME) nurse tanks in Canada for use with anhydrous ammonia. As a result, it is anticipated that if TC 51 portable tanks were not allowed to be manufactured in Canada, older ASME nurse tanks that do not meet specifications could start coming into Canada from the United States to replace older anhydrous ammonia nurse tanks. This issue had not been foreseen when the CSA B620 standard was revised. The TC 51 tanks are considered to provide an adequate level of safety for transporting anhydrous ammonia and propane and the standard committee has voted to reintroduce the TC 51 tanks to the standard in the next revision. This amendment will allow the manufacture of TC 51 tanks so that the agriculture and propane industries in Canada can continue to use newly manufactured TC 51 tanks until they are reintroduced in the next version of CSA B620, which is anticipated to be published in 2018.

Accelerated timelines for phase out of legacy DOT-111 tank cars

The new accelerated timelines for the phase-out of legacy DOT-111 tank cars and clarification that they apply to UN1268 that is crude oil were not included in the proposal that was published in the Canada Gazette, Part I, but have been added to the amendment to eliminate the confusion caused to regulatees by having different requirements written in PD 38 and in the TDGR. The addition of the interpretations of the terms “crude oil,” “oil” and “refined petroleum products” that are defined in PD 38 provide clarity regarding the applicability of the requirements. No negative impacts are expected from these changes as they are already required under PD 38.

Sulfuric acid, fuming

A new special provision has been added to provide an exemption from certain requirements of the TDGR for sulfuric acid, fuming that has less than 30% free sulfur trioxide to align with requirements in the U.S. 49 CFR and in TP14877, “Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard.”

Rocket motors

The limits that were in the proposed amendment for the new UN number and shipping name for rocket motors have been replaced with limits that more accurately reflect the hazards posed by the dangerous goods. The quantities in the explosive limit, the passenger-carrying ship index and the passenger-carrying road or railway vehicle index (25, 10 and 3 kg of net explosives quantity, respectively) are aligned with those for other explosives with similar properties.

Costs

Consignors and carriers will incur costs associated with meeting the new requirements for dangerous goods safety marks. The costs of the requirements to use the new label for Class 9, Lithium Batteries, and the new lithium battery mark or the new fumigation sign are expected to be minimal. Shippers are currently required to affix similar safety marks, which cost the same, and a transitional period is granted so that existing stock can be liquidated by the time new safety marks are required. Also, fumigation signs are available in a rewritable material so they can be reused for subsequent shipments.

The introduction of the 60-month maximum period of use for rigid plastic IBCs and plastic inner receptacles of composite IBCs will increase the cost for owners and users of these IBCs as they were previously allowed to use them for up to 10 years. As this timeline is a requirement in the current UN Recommendations, owners and users who transport them internationally will already be meeting this requirement so the costs for them will be lower. The new requirement to conduct a leak test for each lightweight IBC before use will increase costs for owners and users.

The requirement to provide a written report to Transport Canada for a dangerous goods occurrence on board an aircraft will result in a cost for air operators. This cost will be related to the time required to gather the required information and to write the report. While the requirement to report a dangerous goods occurrence under the TDGR is new, many operators already make the report voluntarily to Transport Canada, as it is a requirement in the ICAO Technical Instructions; thus, the increase in cost is not expected to be high.

There will be an initial cost associated with training and educating consignors on the filling and requalification procedures related to the recognition of U.S. pressure cylinders and approvals issued in the United States. Over time, the cost of doing business will decrease and there will be economic benefits in both countries’ business and trade.

There will be a slight increase in costs to consignors who domestically transport any of the 67 dangerous goods that are added to the list of marine pollutants in the TDGR as a result of the amendment, as they will be required to display the marine pollutant safety mark on the means of containment. The addition of these new marine pollutants to the TDGR will not increase compliance costs for consignors that transport marine pollutants internationally, as they are already required to include the marine pollutant safety marks under the IMDG Code.

There will be minor costs associated with the new requirement to conduct the proof pressure test and the visual internal inspection of hot air balloon cylinders. It is estimated that the additional cost of these requirements will be approximately $30 to $50 and will be required every 10 years.

Implementation, enforcement and service standards

The proper implementation of regulatory amendments is a key aspect of the regulatory life cycle. Once regulatory amendments become law, the TDG Directorate develops new training and awareness material for inspectors and stakeholders. New regulatory requirements are disseminated using a communication network that is already well established. Some of the main tools used to implement regulatory changes are

  • The Transport Canada website: The Department’s web pages are updated on a regular basis with various communication products, as well as specific sections for awareness material (e.g. Frequently Asked Questions, Alerts, Advisory Notices and Bulletins). Upon adoption of this amendment, notices will be placed on the relevant pages of the Transport Canada website.
  • The TDG General Policy Advisory Council: This group, composed of over 40 different industry associations, meets twice annually to discuss issues affecting stakeholders and advise the Minister. During these meetings, Transport Canada consults stakeholders and provides information and updates on regulatory amendments that are proposed or that have come into force. Industry is aware of this amendment to the TDGR.
  • The Multi-Association Committee on TDG: This committee provides a forum for industries to discuss questions of interest on the subject of the transport of dangerous goods. Transport Canada is invited to participate and provide clarification on regulatory and enforcement issues. This forum is also a good opportunity for the distribution of information about compliance with new regulatory requirements. Updated information about these changes to the TDGR will be provided to this committee.
  • The TDG Newsletter: The Newsletter, published semi-annually since 1980, is distributed to over 23 000 readers in Canada and abroad. It is free of charge and available in hard copy and electronically on the TDG website. Proposed regulatory amendments and updates are published in the TDG Newsletter regularly.

Compliance with the TDG Act and the TDGR is verified through inspections. These inspections are carried out at both the federal level and the provincial level and involve all modes of transport and all consignors of dangerous goods. The implementation objective is to update and enhance inspector training tools to ensure that oversight is undertaken by properly trained staff. The amendment is anticipated to have a neutral effect on TDG inspectors. Information will be provided to them to keep them updated and aware of the new requirements.

Contact

Transportation of Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5766
Fax: 613-993-5925
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca