Disclaimer: This tool is for technical reference only and is not the official version of the regulations. The authoritative source is
Justice Canada.
1
Interpretation, General Provisions and Special Cases
1.1
[Repealed, SOR/2023-155, s. 2]
1.2
[Repealed, SOR/2023-155, s. 2]
Interpretation
1.3
(1)
[Repealed, SOR/2020-23, s. 1]
(2)
In these Regulations,
(a)
“must” is imperative and “may” is permissive;
(b)
the words “on”, “in” or “by” are synonymous when they are associated with the defined terms road vehicle , railway vehicle , vessel or aircraft ;
(c)
pressure expressed in kPa is gauge pressure unless designated as absolute pressure, except for vapour pressure, which is always absolute pressure;
(d)
shipping names listed in Schedule 1 may be
(i)
written in the singular or plural,
(ii)
written in upper or lower case letters, except that when the shipping name is followed by the descriptive text associated with the shipping name the descriptive text must be in lower case letters and the shipping name must be in upper case letters (capitals),
(iii)
in English only, put in a different word order as long as the full shipping name is used and the word order is a commonly used one,
(iv)
for solutions and mixtures, followed by the word “SOLUTION” or “MIXTURE”, as appropriate, and may include the concentration of the solution or mixture, and
(v)
for waste, preceded or followed by the word “WASTE” or “DÉCHET ”;
(e)
a symbol set out in column 1 of the following table represents the corresponding unit of measure set out in column 2:
(f)
when the word “placard” is used, it refers to a specific placard illustrated in the Appendix to Part 4 (Dangerous Goods Safety Marks), but when a placard is required or permitted to be displayed, the singular includes the plural and it means the appropriate number of that placard required by Part 4;
(g)
the word “or” is used in the inclusive sense unless the associated text clearly indicates otherwise;
(h)
when a shipping document or a document is required, the requirement refers to
(i)
the original shipping document or original document, or
(ii)
a copy of the shipping document or document;
(i)
when it is necessary to convert between number of articles and net explosives quantity, one kilogram net explosives quantity must be counted as 100 articles and each 100 articles must be counted as one kilogram net explosives quantity;
(j)
when dangerous goods are in a means of containment, it is the minimum required means of containment if
(i)
all other means of containment containing it are removed, the means of containment and the dangerous goods it contains would be in compliance with the Act and these Regulations for the purposes of offering for transport, handling or transport of dangerous goods, and
(ii)
all other means of containment containing it and the means of containment itself are removed, some of the dangerous goods it contains would no longer be in a means of containment that is in compliance with the Act and these Regulations for the purposes of offering for transport, handling or transport of dangerous goods;
(k)
when the words “means of containment” are used, they refer to the minimum required means of containment unless the associated text clearly indicates otherwise; and
(l)
the words “gross mass of all dangerous goods” in sections 1.15, 1.16, 1.21 and 1.22 refer to dangerous goods that require shipping documents or that are intended to be transported in accordance with those sections.
Definitions — Safety Standards and Safety Requirement Documents
1.3.1
The following definitions apply in these Regulations.
ASTM D 4359 means the 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). (ASTM D 4359)
ASTM F 852 means the 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). (ASTM F 852)
CGA P-20 means the CGA P-20 — 2009, Standard for Classification of Toxic Gas Mixtures, Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA). (CGA P-20)
CGSB-32.301 means the National Standard of Canada CAN/CGSB-32.301-M87, Canola Meal, April 1987, published by the Canadian General Standards Board (CGSB). (CGSB-32.301)
CGSB-43.123 means the 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. (CGSB-43.123)
CGSB-43.125 means 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, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.125)
CGSB-43.126 means the National Standard of Canada CAN/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. (CGSB-43.126)
CGSB-43.146 means 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, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.146)
CGSB-43.151 means the National Standard of Canada CAN/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. (CGSB-43.151)
CSA B339 means the 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. (CSA B339)
CSA B340 means the 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. (CSA B340)
CSA B341 means the 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. (CSA B341)
CSA B342 means the 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. (CSA B342)
CSA B620 means the 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. (CSA B620)
CSA B621 means the 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. (CSA B621)
CSA B622 means the 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. (CSA B622)
CSA B625 means the CSA Standard B625, Portable tanks for the transport of dangerous goods, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B625)
49 CFR means Parts 171 to 180 of Title 49 of the Code of Federal Regulations of the United States, as amended from time to time. (49 CFR)
ICAO Technical Instructions means 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. (Instructions techniques de l’OACI)
IMDG Code means Volumes 1 and 2 of the International Maritime Dangerous Goods Code, published by the International Maritime Organization (IMO), as amended from time to time. (Code IMDG)
ISO 2431 means the International Standard ISO 2431:1993(E), Paints and varnishes — Determination of the flow time by use of flow cups, Fourth Edition, February 15, 1993, published by the International Organization for Standardization (ISO). (ISO 2431)
ISO 2592 means the 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). (ISO 2592)
ISO 10156 means the International Standard ISO 10156:1996(E), 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). (ISO 10156)
ISO 10298 means the International Standard ISO 10298:1995(E), Determination of toxicity of a gas or gas mixture, First Edition, December 15, 1995, published by the International Organization for Standardization (ISO). (ISO 10298)
Manual of Tests and Criteria means the Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, published by the United Nations (UN), as amended from time to time. (Manuel d’épreuves et de critères)
MIL-D-23119G means the 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. (MIL-D-23119G)
MIL-T-52983G means the 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. (MIL-T-52983G)
OECD Guideline 404 means the OECD Guideline 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) (Ligne directrice de l’OCDE 404)
OECD Guideline 430 means the OECD Guideline for the Testing of Chemicals No. 430, In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test Method (TER), July 26, 2013, published by the Organization for Economic Co-operation and Development. (OECD) (Ligne directrice de l’OCDE 430)
OECD Guideline 431 means the OECD Guideline 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) (Ligne directrice de l’OCDE 431)
OECD Guideline 435 means the 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) (Ligne directrice de l’OCDE 435)
Supplement to the ICAO Technical Instructions means the 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. (Supplément aux Instructions techniques de l’OACI)
TP 14850 means the Transport Canada Standard TP 14850 E, 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. (TP 14850)
TP 14877 means the Transport Canada Standard TP 14877E, Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard, January 2018, published by the Department of Transport. (TP 14877)
ULC Standard S504 means the 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. (ULC-S504)
ULC Standard S507 means the 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. (ULC-S507)
ULC Standard S512 means the 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. (ULC-S512)
ULC Standard S554 means the 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. (ULC-S554)
UN Recommendations means the Recommendations on the Transport of Dangerous Goods, published by the United Nations (UN), as amended from time to time. (Recommandations de l’ONU)
Transitional Period
1.3.2
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.
Interpretation of TP 14877
1.3.3
For the purposes of TP 14877, “the coming into force of this Standard” and “the date this standard comes into force” must be read as “the coming into force of section 1.3.3 of the Regulations”.
Definitions
1.4
The following definitions apply in these Regulations.
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)
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 self-closing 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)
aircraft means any machine capable of deriving support in the atmosphere from reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine, and includes a rocket. (aéronef)
biological product means a product that is derived from living organisms and that is used to prevent, treat or diagnose disease in humans or animals or for development, experiment or investigation purposes and includes finished or unfinished products, live vaccines or attenuated live vaccines. (produit biologique)
CANUTEC means the Canadian Transport Emergency Centre of the Department of Transport. (CANUTEC)
capacity means, for a means of containment used to contain
(a)
a liquid or a gas, the maximum volume of water, normally expressed in litres, that the means of containment can hold at 15°C and at an absolute pressure of 101.325 kPa; and
(b)
dangerous goods other than a liquid or a gas, the maximum volume, normally expressed in cubic metres, that the means of containment can hold. (capacité)
cargo aircraft means an aircraft, other than a passenger carrying aircraft, that is carrying goods or property. (aéronef cargo)
carrier means a person who, whether or not for hire or reward, has possession of dangerous goods while they are in transport. (transporteur)
Category A means an infectious substance that is transported in a form such that, when it is released outside of its means of containment and there is physical contact with humans or animals, it is capable of causing permanent disability or life-threatening or fatal disease to humans or animals. (catégorie A)
Category B means an infectious substance that does not meet the criteria for inclusion in Category A. (catégorie B)
certification safety mark[Repealed, SOR/2023-155, s. 4]
class means, when the word “class” is followed by
(a)
one digit, the class of dangerous goods listed in the schedule to the Act; and
(b)
two digits separated by a point, the class of dangerous goods listed in the schedule to the Act and its division. (classe)
classification means, for dangerous goods, as applicable, the shipping name, the primary class, the compatibility group, the subsidiary class, the UN number, the packing group, and the infectious substance category. (classification)
compatibility group means one of the 13 groups of explosives described in Appendix 2 of Part 2 (Classification). (groupe de compatibilité)
consignment means a quantity of dangerous goods transported at the same time in one or more means of containment from one consignor at one location to one consignee at another location. (envoi)
consignor means a person in Canada who
(a)
is named in a shipping document as the consignor;
(b)
imports or who will import dangerous goods into Canada; or
(c)
if paragraphs (a) and (b) do not apply, has possession of dangerous goods immediately before they are in transport. (expéditeur)
consolidation bin means a bin that is used in a road vehicle
(a)
to secure one or more small means of containment so that, under normal conditions of transport, they will not shift in a way that might compromise their integrity; and
(b)
to allow small means of containment to be added or removed during transport. (conteneur de groupage)
culture means the result of a process by which pathogens in a specimen are intentionally propagated. This definition does not include specimens taken from a human or animal patient and that are intended to be processed in a laboratory. (culture)
cylinder means a small means of containment, other than an aerosol container, that is cylindrical or spherical in shape and that is capable of withstanding an internal absolute pressure of 275 kPa. (bouteille à gaz)
dangerous goods safety mark[Repealed, SOR/2023-155, s. 4]
Director General[Repealed, SOR/2023-155, s. 4]
drum means a flat-ended or convex-ended cylindrical means of containment made of metal, fibreboard, plastic or other similar material, with a maximum capacity of 450 L, or for a drum made of plywood, a maximum capacity of 250 L. This definition includes means of containment of other shapes such as pail-shaped or round with a tapered neck, but does not include a wood barrel or jerrican (that is, a means of containment of rectangular or polygonal cross-section). (fût)
dust means a mixture of solid particles and air in which 90% or more of the solid particles have a diameter less than or equal to 10 µm. (poussière)
emergency means an immediate danger to public safety
(a)
requiring the use of dangerous goods to avert or mitigate the danger; or
(b)
arising directly or indirectly from dangerous goods. (urgence)
employer means a person who
(a)
employs one or more individuals; or
(b)
provides the services of one or more individuals and from whom the individuals receive their remuneration. (employeur)
ERAP means an emergency response assistance plan. (PIU)
farmer means a person engaged in farming in Canada for commercial purposes. (agriculteur)
farming means the production of field-grown crops, cultivated and uncultivated and horticultural crops, the raising of livestock, poultry and fur-bearing animals, the production of eggs, milk, honey, maple syrup, tobacco, fibre and fodder crops, but does not include aquaculture. (agriculture)
fire point means the lowest temperature at which a substance will ignite and will continue to burn for at least 5 seconds. (point d’inflammation)
flash point means the lowest temperature at which the application of an ignition source causes the vapours of a liquid to ignite near the surface of the liquid or within a test vessel. (point d’éclair)
fuel cell means an electrochemical device that converts the chemical energy of a fuel to electrical energy, heat and reaction products. (pile à combustible)
fuel cell cartridge means an article that stores fuel for discharge into a fuel cell through one or more valves that control the discharge of the fuel into the fuel cell. (cartouche pour pile à combustible)
fuel cell engine means a device that is used to power equipment and that consists of a fuel cell and its fuel supply, whether integrated with or separate from the fuel cell, and includes all appurtenances necessary to fulfil its function. (moteur pile à combustible)
gas means a substance that at 50°C has a vapour pressure greater than 300 kPa or that is completely gaseous at 20°C at an absolute pressure of 101.3 kPa and that is
(a)
compressed (other than in solution) so that when it is packaged under pressure for transport it remains entirely gaseous at 20°C;
(b)
liquefied so that when it is packaged for transport it is partially liquid at 20°C;
(c)
refrigerated so that when it is packaged for transport it is made partially liquid because of its low temperature; or
(d)
in solution so that when it is packaged for transport it is dissolved in a solvent. (gaz)
gross mass means
(a)
for a means of containment, the mass of the means of containment and all of its contents; or
(b)
for a quantity of dangerous goods, the gross mass of all minimum required means of containment used to contain the dangerous goods. (masse brute)
import[Repealed, SOR/2023-155, s. 4]
infectious substance means a substance known or reasonably believed to contain viable micro-organisms such as bacteria, viruses, rickettsia, parasites, fungi and other agents such as prions that are known or reasonably believed to cause disease in humans or animals and that are listed in Appendix 3 to Part 2 (Classification) or that exhibit characteristics similar to a substance listed in Appendix 3. (matière infectieuse)
inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
in standard means that a means of containment meets the requirements set out in section 5.2 of Part 5 (Means of Containment). (en règle)
in transport means that a person has possession of dangerous goods for the purposes of transportation or for the purposes of storing them in the course of transportation. (en transport)
large means of containment means a means of containment with a capacity greater than 450 L. (grand contenant)
LC50 means the lowest concentration of gas, vapour, mist or dust that, when administered by continuous inhalation to both male and female young adult albino rats for one hour, results in the death within 14 days of one half of the animals. (CL50)
LD50 (dermal) means the lowest amount of a substance that, when administered by continuous contact with the bare skin of both male and female young adult albino rabbits for 24 hours, results in the death within 14 days of one half of the animals. (DL50 (absorption cutanée))
LD50 (oral) means the lowest amount of a substance that, when administered by mouth to both male and female young adult albino rats, results in the death within 14 days of one half of the animals. (DL50 (ingestion))
liquid means a substance that
(a)
has a melting point less than or equal to 20°C at an absolute pressure of 101.3 kPa; or
(b)
is a viscous substance for which a specific melting point cannot be determined but that is determined to be a liquid in accordance with ASTM D 4359. (liquide)
lithium content means the mass of lithium in the anode of a lithium metal or lithium alloy cell. (quantité de lithium)
mist means a mixture of liquid particles and air in which 90% or more of the liquid particles have a diameter not greater than 10 µm. (brouillard)
net explosives quantity means the net mass of explosives, excluding the mass of any means of containment. (quantité nette d’explosifs)
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)
offer for transport means, for dangerous goods not in transport, to select or allow the selection of a carrier to transport the dangerous goods, to prepare or allow the preparation of the dangerous goods so that a carrier can take possession of them for transport or to allow a carrier to take possession of the dangerous goods for transport. (demande de transport)
overpack means an enclosure that is used by a single consignor to consolidate one or more small means of containment for ease of handling but that is not a minimum required means of containment. This definition does not include a large means of containment or a unit load device, as defined in the ICAO Technical Instructions, that is intended for transport by aircraft. (suremballage)
packing group means a group in which dangerous goods are included based on the inherent danger of the dangerous goods; Packing Group I indicates great danger, Packing Group II indicates medium danger and Packing Group III indicates minor danger. (groupe d’emballage)
passenger means
(a)
(b)
for a road vehicle, a railway vehicle or an aircraft, a person carried on board the means of transport but does not include
(i)
a crew member,
(ii)
a person who is accompanying dangerous goods or other cargo,
(iii)
an operator, owner or charterer of the means of transport,
(iv)
an employee of the operator, owner or charterer of the means of transport, who is acting in the course of employment, or
(v)
a person carrying out inspection or investigation duties under an Act of Parliament or of a provincial legislature. (passager)
passenger carrying aircraft means an aircraft that is carrying one or more passengers. (aéronef de passagers)
passenger carrying railway vehicle means a railway vehicle that is carrying one or more passengers. (véhicule ferroviaire de passagers)
passenger carrying road vehicle means a road vehicle that is carrying one or more passengers. (véhicule routier de passagers)
passenger carrying vessel means a vessel that is carrying one or more passengers. (bâtiment à passagers)
permit for equivalent level of safety[Repealed, SOR/2023-155, s. 4]
primary class means the first class shown in column 3 of Schedule 1. (classe primaire)
protective direction means a direction issued under section 32 of the Act to cease an activity or to conduct other activities to reduce any danger to public safety. (ordre)
radiation detection system means an apparatus that contains a radiation detector as a component. (système de détection des rayonnements)
railway vehicle means any vehicle that is designed to be drawn or propelled on rails by any power other than muscle power and that is being prepared for use or being used on rails. (véhicule ferroviaire)
residue means the dangerous goods remaining in a means of containment after its contents have been emptied to the maximum extent feasible and before the means of containment is either refilled or cleaned of dangerous goods and purged to remove any vapours. (résidu)
road vehicle means any vehicle that is designed to be drawn or propelled on land, including on ice roads, by any power other than muscle power and includes a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine, but does not include a railway vehicle that operates exclusively on rails. (véhicule routier)
ro-ro ship has the same meaning as in section 1.2.1 of the IMDG Code. (navire roulier)
safety mark[Repealed, SOR/2023-155, s. 4]
sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
shipping document means a document that relates to dangerous goods that are being offered for transport, handled or transported and that contains the information required by Part 3 relating to the goods but does not include an electronic record. (document d’expédition)
shipping name means an entry in upper case letters (capitals) in column 2 of Schedule 1, but does not include any lower case descriptive text except for the purpose of determining the classification of dangerous goods. (appellation réglementaire)
small means of containment means a means of containment with a capacity less than or equal to 450 L. (petit contenant)
solid means a substance that is not a liquid or a gas. (solide)
special provision means an item of Schedule 2 referred to in column 5 of Schedule 1. (disposition particulière)
standardized means of containment[Repealed, SOR/2023-155, s. 4]
subsidiary class means a class shown in parentheses in column 3 of Schedule 1. (classe subsidiaire)
substance includes an article. (matière)
technical name means the chemical name or another name currently used in a scientific or technical handbook, journal or text but does not include a trade name. (appellation technique)
train means
(a)
a train, as defined in the Canadian Rail Operating Rules, published by The Railway Association of Canada and approved by the Minister under the Railway Safety Act on January 16, 1990, as amended to July 1, 2000; or
(b)
a number of railway vehicles coupled together moving at a velocity exceeding 24 km/h (15 mph) with at least one railway vehicle providing propulsion and at least one railway vehicle containing dangerous goods for which a placard is required to be displayed in accordance with Part 4. (train)
transport index has the same meaning as determined under the Packaging and Transport of Nuclear Substances Regulations, 2015. (indice de transport)
tube means a large means of containment that is cylindrical in shape and that is capable of withstanding an internal absolute pressure of 12.4 MPa. (tube)
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)
UN number means an entry in column 1 of Schedule 1. (numéro UN)
UN standardized means of containment means a means of containment that meets the requirements set out in section 5.6 of Part 5 (Means of Containment). (contenant normalisé UN)
vapour means the dispersion in air of imperceptible particles of a substance that is liquid or solid in its normal state. (vapeur)
watt-hour or Wh the electrical energy developed by a power of 1 watt (W) during 1 hour (h) and expressed as watt-hour (Wh). (wattheure ou Wh)
General Provisions
Applicability of the Regulations
1.5
Unless otherwise stated in sections 1.15 to 1.48 of this Part or in Schedule 1 or 2, dangerous goods must be handled, offered for transport or transported in accordance with these Regulations.
Schedule 2: Special Provisions
1.5.1
(1)
When there is a special provision in Schedule 2 for dangerous goods, that special provision applies.
(2)
When there is a conflict between a special provision in Schedule 2 and other provisions in these Regulations, the special provision applies.
(3)
The UN numbers set out in italics after a special provision of Schedule 2 indicate the dangerous goods in respect of which the special provision applies. They are for information only and are not part of the Regulations.
Schedules 1 and 3: Forbidden Dangerous Goods
1.5.2
(1)
When the word “Forbidden” is shown for dangerous goods in column 3 of Schedule 1 or column 2 of Schedule 3, a person must not handle, offer for transport or transport the dangerous goods.
(2)
When the word “Forbidden” is shown for dangerous goods in column 8 or 9 of Schedule 1, a person must not offer for transport or transport the dangerous goods by the means of transport set out in the heading of that column.
Schedule 1: Quantity Limits in Columns 8 and 9
1.6
(1)
When there is a number shown in column 8 of Schedule 1, that number is a quantity limit per means of containment for the corresponding dangerous goods in column 2. A person must not load onto a passenger carrying vessel, or transport on a road vehicle or a railway vehicle on board a passenger carrying vessel, dangerous goods that exceed the quantity limit. Dangerous goods exceed the quantity limit if
(a)
in the case of a solid, they have a mass that is greater than the number when that number is expressed in kilograms;
(b)
in the case of a liquid, they have a volume that is greater than the number when that number is expressed in litres;
(c)
in the case of a gas, including a gas in a liquefied form, they are contained in a means of containment the capacity of which is greater than the number when that number is expressed in litres; and
(d)
in the case of an explosive
(i)
not subject to special provision 85 or 86, they have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or
(ii)
subject to special provision 85 or 86, they exceed 100 articles.
(2)
When there is a number shown in column 9 of Schedule 1, that number is a quantity limit per means of containment for the corresponding dangerous goods in column 2. A person must not offer for transport or transport by passenger carrying road vehicle or passenger carrying railway vehicle dangerous goods that exceed the quantity limit. Dangerous goods exceed the quantity limit if
(a)
in the case of a solid, they have a mass that is greater than the number when that number is expressed in kilograms;
(b)
in the case of a liquid, they have a volume that is greater than the number when that number is expressed in litres;
(c)
in the case of a gas, including a gas in a liquefied form, they are contained in a means of containment the capacity of which is greater than the number when that number is expressed in litres; and
(d)
in the case of an explosive
(i)
not subject to special provision 85 or 86, they have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or
(ii)
subject to special provision 85 or 86, they exceed 100 articles.
(3)
If a quantity limit in column 8 or 9 of Schedule 1 conflicts with any other quantity limit in these Regulations, other than a quantity limit in special provisions, the quantity limit in that column takes precedence.
Safety Requirements, Documents and Safety Marks
1.7
As provided for in section 5 of the Act, a person must not import, offer for transport, handle or transport dangerous goods unless
(a)
the person complies with all applicable prescribed safety requirements;
(b)
the dangerous goods are accompanied by all applicable prescribed documents; and
(c)
the means of containment and transport comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.
Prohibition: Explosives
1.8
A person must not handle, offer for transport or transport dangerous goods by any means of transport if the dangerous goods are explosives and
(a)
are in direct contact with a large means of containment, except when the explosives are to be transported by road vehicle in quantities that are allowed for explosives in section 9.5, Part 9 (Road), in Schedule 1 or in any special provision in Schedule 2; or
(b)
are also radioactive materials.
1.9
[Repealed, SOR/2017-137, s. 6]
Requirements Respecting the Transportation of Dangerous Goods on Board Passenger Carrying Vessels
1.10
(1)
The requirements of these Regulations respecting the transportation of dangerous goods other than explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 25 passengers or more than one passenger for each 3 m of the length of the vessel.
(2)
The requirements of these Regulations respecting the transportation of dangerous goods that are explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 12 passengers.
Use of 49 CFR for Non-Regulated Dangerous Goods
1.11
When a substance is regulated in the United States by 49 CFR but is not regulated in Canada by these Regulations, a person may transport the substance between Canada and the United States by road vehicle or railway vehicle in accordance with all or part of 49 CFR.
1.12
[Repealed, SOR/2023-155, s. 7]
1.13
[Repealed, SOR/2023-155, s. 7]
1.14
[Repealed, SOR/2002-306, s. 5]
Special Cases
150 kg Gross Mass Exemption
1.15
(1)
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training) and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle or a vessel on a domestic voyage if
(a)
in the case of
(i)
dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), except that, in the case of dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, the requirement in section 8.1.7 of CGSB-43.123 that aerosol containers and gas cartridges be tightly packed in a strong outer packaging does not apply, or
(ii)
dangerous goods not included in Class 2, they are in one or more small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety;
(b)
except for dangerous goods included in Class 2, Gases, the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 30 kg;
(c)
the gross mass of all dangerous goods
(i)
transported on the road vehicle or the railway vehicle is less than or equal to 150 kg, and
(ii)
transported on the vessel on a domestic voyage is less than or equal to 150 kg, excluding dangerous goods in a road vehicle or railway vehicle being transported on the vessel; and
(d)
the dangerous goods are in a quantity or concentration available to the general public and are transported
(i)
by a user or purchaser of the dangerous goods, or
(ii)
by a retailer to or from a user or purchaser of the dangerous goods.
(2)
Subsection (1) does not apply to dangerous goods that
(a)
are in a quantity or concentration that requires an ERAP;
(b)
require a control or emergency temperature;
(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;
(d)
are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;
(e)
are included in Class 2.3, Toxic Gases;
(f)
are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;
(g)
are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6(a) of Schedule 1;
(h)
are liquids included in Class 6.1, Toxic Substances, and Packing Group I;
(i)
are included in Class 6.2, Infectious Substances; or
(j)
are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.
500 kg Gross Mass Exemption
1.16
(1)
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle or a vessel on a domestic voyage if
(a)
in the case of
(i)
dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii)
dangerous goods not included in Class 2, Gases, they are in one or more means of containment
(b)
the gross mass of all dangerous goods
(i)
transported on the road vehicle or the railway vehicle is less than or equal to 500 kg, and
(ii)
transported on the vessel on a domestic voyage is less than or equal to 500 kg, excluding the dangerous goods in a road vehicle or railway vehicle being transported on the vessel;
(c)
each means of containment has displayed on one side, other than a side on which it is intended to rest or to be stacked during transport,
(i)
the dangerous goods safety marks required by Part 4 (Dangerous Goods Safety Marks), or
(ii)
for dangerous goods, other than dangerous goods included in Class 2, Gases, the shipping name of the dangerous goods and the marks required for them in one of the following Acts and regulations, as long as those marks are legible and visible during handling and transporting in the same manner as dangerous goods safety marks:
(d)
the dangerous goods are accompanied by a shipping document or document that is located, for a road or railway vehicle or a vessel, in accordance with the requirements for location of a shipping document in sections 3.7 to 3.9 of Part 3 (Documentation); and
(e)
any document referred to in paragraph (d), other than a shipping document, includes the following information in the following order:
(i)
the primary class of the dangerous goods, following the word “Class” or “Classe”, and
(ii)
the total number of means of containment, on which a dangerous goods safety mark is required to be displayed, for each primary class, following the words “number of means of containment” or “nombre de contenants ”.
(2)
Subsection (1) does not apply to dangerous goods that
(a)
are in a quantity or concentration that requires an ERAP;
(b)
require a control or emergency temperature;
(c)
are included in Class 1, Explosives, except for
(d)
are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;
(e)
are included in Class 2.3, Toxic Gases;
(f)
are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;
(g)
are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6(a) of Schedule 1;
(h)
are liquids included in Class 6.1, Toxic Substances, and Packing Group I;
(i)
are included in Class 6.2, Infectious Substances; or
(j)
are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.
Limited Quantities Exemption
1.17
(1)
A quantity of dangerous goods, other than explosives, is a limited quantity if
(a)
the dangerous goods are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and
(b)
each outer means of containment has a gross mass that is less than or equal to 30 kg and
(i)
if the dangerous goods are a solid or a liquid, the goods in each inner means of containment are in a quantity that is less than or equal to the number shown in column 6(a) of Schedule 1, or
(ii)
if the dangerous goods are a gas, including a gas in a liquefied form, each means of containment in which they are contained has a capacity less than or equal to the number shown in column 6(a) of Schedule 1.
(2)
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport or transporting of limited quantities of dangerous goods on a road vehicle, a railway vehicle or a vessel on a domestic voyage if each means of containment is legibly and durably marked on one side, other than a side on which it is intended to rest or to be stacked during transport, with the mark illustrated in subsection (5).
(3)
When a limited quantity of dangerous goods is in a means of containment that is inside another means of containment, the inner means of containment is not required to be marked if
(a)
the gross mass of the outer means of containment is less than or equal to 30 kg;
(b)
the outer means of containment is not intended to be opened during transport; and
(c)
the outer means of containment is legibly and visibly marked, on a contrasting background, with the mark illustrated in subsection (5).
(4)
When a limited quantity of dangerous goods is in a means of containment that is inside an overpack, the following information must be displayed on the overpack unless the marks on the small means of containment are visible through the overpack:
(a)
the word “Overpack” or “Suremballage ” or ; and
(b)
the mark illustrated in subsection (5), legibly and visibly marked on a contrasting background.
(5)
The mark is a square on point, and the line forming the square on point must be at least 2 mm wide. The top and bottom portions must be black and the central portion must be white or a contrasting colour. Each side of the mark must be at least 100 mm long. The letter “Y” may be displayed in the centre of the mark if the limited quantity is in compliance with the ICAO Technical Instructions. If the size of the means of containment so requires, the length of each side may be reduced to not less than 50 mm, provided that the mark remains clearly visible.
(6)
Until December 31, 2020, instead of being marked with the mark illustrated in subsection (5), a means of containment may have displayed on it
(a)
the words “Limited Quantity” or “quantité limitée ”;
(b)
the abbreviation “Ltd. Qty.” or “quant. ltée ”;
(c)
the words “Consumer Commodity” or “bien de consommation ”; or
(d)
the UN number of each limited quantity of dangerous goods placed within a square on point.
(7)
For the purposes of paragraph (6)(d), the line forming the square on point must be black and be at least 2 mm wide. If the dangerous goods have different UN numbers, the square on point must be large enough to include each UN number, but in any case each side must be not less than 50 mm long. The UN numbers must be at least 6 mm high. The line and UN numbers must be on a contrasting background.
Excepted Quantities Exemption
1.17.1
(1)
A quantity of dangerous goods, other than explosives, is an excepted quantity if
(a)
the dangerous goods are in an inner means of containment and an outer means of containment that are designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety;
(b)
any of the dangerous goods in the inner means of containment,
(i)
if solids, have a mass that is less than or equal to the number shown in column 1 of the table to subsection (2) for the corresponding alphanumeric code in column 6(b) of Schedule 1, when that number is expressed in grams,
(ii)
if liquids, have a volume that is less than or equal to the number shown in column 1 of the table to subsection (2) for the corresponding alphanumeric code in column 6(b) of Schedule 1, when that number is expressed in millilitres, or
(iii)
if gases, including a gas in a liquefied form, are contained in one or more means of containment each of which has a capacity less than or equal to the number shown in column 1 of the table to subsection (2) for the corresponding alphanumeric code in column 6(b) of Schedule 1, when that number is expressed in millilitres; and
(c)
any of the dangerous goods in the outer means of containment,
(i)
if solids, have a mass that is less than or equal to the number shown in column 2 of the table to subsection (2) for the corresponding alphanumeric code in column 6(b) of Schedule 1, when that number is expressed in grams,
(ii)
if liquids, have a volume that is less than or equal to the number shown in column 2 of the table to subsection (2) for the corresponding alphanumeric code in column 6(b) of Schedule 1, when that number is expressed in millilitres, or
(iii)
if gases, including a gas in a liquefied form, are contained in one or more means of containment each of which has a capacity less than or equal to the number shown in column 2 of the table to subsection (2) for the corresponding alphanumeric code in column 6(b) of Schedule 1, when that number is expressed in millilitres.
(2)
When dangerous goods in excepted quantities for which different alphanumeric codes are assigned are together in an outer means of containment, the total quantity of dangerous goods must not exceed the lowest maximum net quantity per outer means of containment that is set out in column 2 of the table to this subsection for any of the dangerous goods.
(3)
Parts 3 to 8 and 17 do not apply to the offering for transport, handling or transporting of dangerous goods in excepted quantities if each means of containment is marked on one side, other than a side on which it is intended to rest or to be stacked during transport, with the excepted quantities mark illustrated below.
(4)
When dangerous goods in excepted quantities are in a means of containment that is inside an overpack, the following information must be displayed on the overpack, unless that information is on the means of containment and is visible through the overpack:
(a)
the word “Overpack” or “Suremballage ”; and
(b)
the mark illustrated in subsection (3).
(5)
The number of outer means of containment containing dangerous goods in excepted quantities on a road vehicle, a railway vehicle or an intermodal container must not exceed 1 000.
(6)
When dangerous goods in excepted quantities are in an inner means of containment that is inside an outer means of containment, the inner means of containment is not required to be marked in accordance with subsection (3) if
(a)
the outer means of containment is not intended to be opened during transport; and
(b)
the outer means of containment is marked, legibly and visibly on a contrasting background, with the mark illustrated in that subsection.
(7)
If a shipping document or any other document accompanies dangerous goods in excepted quantities, the document must include the words “dangerous goods in excepted quantities” or “marchandises dangereuses en quantités exceptées ” and must indicate the number of outer means of containment.
(8)
These Regulations, except for Parts 1 and 2, do not apply to the offering for transport, handling or transport of dangerous goods in excepted quantities that are assigned to alphanumeric codes E1, E2, E4 and E5 in column 6(b) of Schedule 1 if
(a)
the net quantity of the dangerous goods per inner means of containment is less than or equal to 1 g for solids or 1 mL for liquids and gases; and
(b)
the net quantity of the dangerous goods per outer means of containment is less than or equal to 100 g for solids or 100 mL for liquids and gases.
Medical Device or Article
1.18
These Regulations do not apply to the transport on a road vehicle, a railway vehicle or a vessel on a domestic voyage of
(a)
a medical device, wheelchair or medical article if
(i)
the medical device is attached to or implanted in an individual or an animal, or
(ii)
the wheelchair or medical article is in transport and is intended for the personal use of a specific individual;
(b)
a radio-pharmaceutical that has been injected in or ingested by an individual or an animal.
Samples for Inspection or Investigation Exemption
1.19
These Regulations do not apply to samples of goods, including forensic samples, that are reasonably believed to be dangerous goods if, for the purposes of inspection or investigation duties under an Act of Parliament or of a provincial legislature, the samples are
(a)
in transport under the direct supervision of a federal, provincial or municipal government employee acting in the course of employment; and
(b)
in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety.
Samples Classifying, Analysing or Testing Exemption
1.19.1
Parts 2 to 7 and 17 do not apply to samples of goods that the consignor reasonably believes to be dangerous goods whose classification or exact chemical composition is unknown and cannot be readily determined if
(a)
in the case of
(i)
samples that are reasonably believed to be a gas, including a gas in a liquefied form, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii)
samples that are reasonably believed not to be a gas, they are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety;
(b)
the samples are in transport for the purposes of classifying, analysing or testing;
(c)
the samples are believed not to contain explosives, infectious substances or radioactive materials;
(d)
the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 10 kg;
(e)
the samples are accompanied by a document that includes the name and address of the consignor and the words “test samples” or “échantillons d’épreuve ”; and
(f)
each means of containment has marked on it the words “test samples” or “échantillons d’épreuve ” and the words are legible and displayed on a contrasting background.
Samples Demonstration Exemption
1.19.2
Parts 3, 4 and 17 do not apply to samples of dangerous goods if
(a)
in the case of
(i)
samples included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii)
samples not included in Class 2, they are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety;
(b)
the samples are in transport for demonstration purposes;
(c)
the samples are in the custody of an agent of the manufacturer or distributor who is acting in the course of employment;
(d)
the samples are not for sale;
(e)
the samples are not transported in a passenger carrying road vehicle, passenger carrying railway vehicle, passenger carrying aircraft or passenger carrying vessel other than a passenger carrying vessel that operates over the most direct water route between two points that are not more than 5 km apart;
(f)
the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 10 kg; and
(g)
each means of containment has marked on it the words “demonstration samples” or “échantillons de démonstration ” and the words are legible and displayed on a contrasting background.
National Defence
1.20
For the purposes of paragraph 3(4)(a) of the Act, any activity or thing related to the transportation of dangerous goods is under the sole direction or control of the Minister of National Defence if the dangerous goods are in or on a means of transport
(a)
owned and operated by the Department of National Defence or operated on behalf of the Department of National Defence by
(i)
an employee of the Department of National Defence,
(ii)
a member of the Canadian Forces, or
(iii)
civilian personnel who are not employed by the Department of National Defence if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department of National Defence or a member of the Canadian Forces;
(b)
owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization or operated on behalf of such an establishment by
(i)
military or civilian personnel of that establishment, or
(ii)
civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment; or
(c)
owned and operated by the military establishment of another country under an agreement with the Department of National Defence or operated on behalf of such an establishment by
(i)
military or civilian personnel of that establishment, or
(ii)
civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.
Agriculture: 1 500 kg Gross Mass Farm Vehicle Exemption
1.21
(1)
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment) and Part 6 (Training) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle licensed as a farm vehicle if
(a)
in the case of
(i)
dangerous goods included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii)
dangerous goods not included in Class 2, they are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety;
(b)
the gross mass of all dangerous goods on the road vehicle is less than or equal to 1 500 kg;
(c)
the dangerous goods are to be or have been used by a farmer for farming purposes;
(d)
the dangerous goods are transported solely on land and the distance on public roads is less than or equal to 100 km; and
(e)
the dangerous goods do not include
(i)
Class 1, Explosives, other than explosives included in Class 1.4S,
(ii)
Class 2.1, Flammable Gases, in a cylinder with a capacity greater than 46 L,
(iii)
Class 2.3, Toxic Gases,
(iv)
Class 6.2, Infectious Substances, or
(v)
Class 7, Radioactive Materials.
(2)
Despite the exemption from Part 3 (Documentation) in subsection (1), when an ERAP is required under Part 7 (Emergency Response Assistance Plan), the dangerous goods for which the plan is required must be accompanied by a shipping document.
Agriculture: 3 000 kg Gross Mass Farm Retail Exemption
1.22
(1)
Parts 3 to 5 and 17 do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle if
(a)
in the case of
(i)
dangerous goods included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii)
dangerous goods not included in Class 2, they are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety;
(b)
the dangerous goods are transported solely on land between a retail place of purchase and place of destination and the distance on public roads is less than or equal to 100 km;
(c)
the gross mass of all dangerous goods on the road vehicle is less than or equal to 3 000 kg;
(d)
the dangerous goods are to be or have been used by a farmer for farming purposes; and
(e)
the dangerous goods do not include
(i)
Class 1, Explosives, other than explosives included in Class 1.4S,
(ii)
Class 2.1, Flammable Gases, in a cylinder with a capacity greater than 46 L,
(iii)
Class 2.3, Toxic Gases,
(iv)
Class 6.2, Infectious Substances, or
(v)
Class 7, Radioactive Materials.
(2)
Despite the exemption from Part 3 (Documentation) in subsection (1), when an ERAP is required under Part 7 (Emergency Response Assistance Plan) the dangerous goods for which the plan is required must be accompanied by a shipping document.
Agriculture: Pesticide Exemption
1.23
(1)
Part 3 (Documentation), the requirements for the display of a UN number in section 4.15 of Part 4 (Dangerous Goods Safety Marks) and Part 6 (Training) do not apply to a solution of pesticides in transport on a road vehicle if
(a)
the dangerous goods are transported solely on land for a distance less than or equal to 100 km;
(b)
the dangerous goods are in a large means of containment that
(i)
has a capacity that is less than or equal to 6 000 L, and
(ii)
is used to prepare the dangerous goods for application or to apply the dangerous goods; and
(c)
only one large means of containment containing the solution of pesticides is in transport on the road vehicle.
(2)
Despite the exemption for documentation in subsection (1), when an ERAP is required under Part 7 (Emergency Response Assistance Plan), the dangerous goods must be accompanied by a shipping document.
Agriculture: Anhydrous Ammonia Exemption
1.24
Part 3 (Documentation) and Part 7 (Emergency Response Assistance Plan) do not apply to UN1005, ANHYDROUS AMMONIA, if it is
(a)
in transport solely on land and the distance on public roads is less than or equal to 100 km; and
(b)
in a large means of containment with a capacity that is less than or equal to 10 000 L and is used for the field application of anhydrous ammonia.
Transportation within a Facility
1.25
These Regulations do not apply to dangerous goods that are transported solely within a manufacturing or processing facility to which public access is controlled.
Emergency Response Exemption
1.26
These Regulations do not apply to dangerous goods that are in quantities necessary to respond to an emergency that endangers public safety and that are in transport in a means of transport that is dedicated to emergency response, unless the dangerous goods are forbidden for transport in Schedule 1, Schedule 3 or, for transport by aircraft, the ICAO Technical Instructions.
Operation of a Means of Transport or a Means of Containment Exemption
1.27
(1)
These Regulations do not apply to dangerous goods on a means of transport that are required for
(a)
the propulsion of the means of transport and that are
(i)
intended to remain on the means of transport until used, and
(ii)
contained in a fuel tank permanently installed on the means of transport;
(b)
the safety of individuals on board the means of transport;
(c)
the operation or safety of the means of transport including, while installed in the means of transport and used or likely to be used for purposes related to transport, air bags, air brakes, flares, lighting, shock absorbers or fire extinguishers; or
(d)
ventilation, refrigeration or heating units that are necessary to maintain environmental conditions within a means of containment in transport on the means of transport and are intended to remain with the units or on the means of transport until used.
(2)
The exemption in subsection (1) does not apply to
(a)
ammunition; or
(b)
dangerous goods being delivered to a destination and from which a portion is drawn off during transport for propulsion of the means of transport.
Transportation between Two Properties
1.28
These Regulations do not apply to dangerous goods, other than Class 1, Explosives, or Class 7, Radioactive Materials, that are in transport on a road vehicle between two properties owned or leased by the manufacturer, producer or user of the dangerous goods if
(a)
the dangerous goods are transported a distance less than or equal to 3 km on a public road;
(b)
the road vehicle has displayed on it
(i)
the placard for the primary class of each of the dangerous goods, or
(ii)
the DANGER placard;
(c)
the dangerous goods are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety; and
(d)
the local police are advised, in writing, of the nature of the dangerous goods no more than 12 months in advance of the transport.
1.29
[Repealed, SOR/2017-137, s. 8]
Ferry Exemption
1.30
Paragraph 3.6(3)(a) of Part 3 (Documentation), and subsection 4.16(3) and paragraph 4.16.1(2)(d) of Part 4 (Dangerous Goods Safety Marks) do not apply to dangerous goods in transport on a road vehicle or railway vehicle that is being transported on board a vessel that is operating over the most direct water route between two points that are not more than 5 km apart.
Propane and Gasoline in Highway Tanks on Board Passenger Carrying Vessels
1.30.1
Subsection 1.6(1) and paragraph 3.6(3)(a) do not apply to dangerous goods that are UN1203, GASOLINE, or UN1978, PROPANE, that are in a highway tank that is being transported by a tank truck on board a passenger carrying vessel that is operating over the most direct water route between two points that are not more than 5 km apart if the following conditions are met:
(b)
before the tank truck is placed on board the passenger carrying vessel, the highway tank is visually inspected by its driver for dents or evidence of leakage;
(c)
the tank truck is located on an open deck;
(d)
a safety perimeter of at least 1 m is established around the tank truck while it is on board the passenger carrying vessel;
(e)
the tank truck’s parking brakes are set securely throughout the journey until the passenger carrying vessel has completed docking;
(f)
the tank truck’s engine is either left running at all times or is shut off and not restarted until the passenger carrying vessel has completed docking;
(g)
the tank truck’s driver remains with the tank truck while it is on board the passenger carrying vessel;
(h)
notices prohibiting smoking, the use of an open flame and the use of spark-producing equipment on the passenger carrying vessel are placed in full view of passengers;
(i)
fixed extinguishing equipment, including foam cannon units that are capable of reaching the highway tank, is installed on board the passenger carrying vessel;
(j)
absorbent material that is compatible with flammable liquids is available on board the passenger carrying vessel;
(k)
a flammable gas detector is available on board the passenger carrying vessel; and
(l)
the passenger carrying vessel’s master ensures that the tank truck is constantly monitored by a crew member while it is on board the passenger carrying vessel.
Class 1, Explosives, Exemption
1.31
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 6 (Training), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting on a road vehicle or a railway vehicle dangerous goods included in Class 1, Explosives, if
(a)
the quantity of each explosive in the road vehicle or railway vehicle that is not subject to special provision 85 or 86 is less than or equal to the number shown in column 6(a) of Schedule 1 for that explosive;
(b)
the quantity of each explosive in the road vehicle or railway vehicle that is subject to special provision 85 or 86 is less than or equal to the number shown in special provision 85 or 86 for that explosive;
(c)
each means of containment has displayed on it the class, compatibility group and UN number of the explosives contained inside it; and
(d)
a placard is displayed in accordance with Part 4 (Dangerous Goods Safety Marks) if the explosives are included in Class 1.1, 1.2, 1.3 or 1.5
(i)
in any quantity exceeding 10 kg net explosives quantity, or
(ii)
in any number of articles exceeding 1 000 for explosives subject to special provision 85 or 86.
Class 2, Gases, or Ammonia Solutions (Class 8) in Refrigerating Machines Exemption
1.32
Parts 3 to 10 and 17 do not apply to UN2857, REFRIGERATING MACHINES, and refrigerating machine components containing gases included in Class 2.2 or UN2672, AMMONIA SOLUTION, if the quantity of gas has a mass that is less than or equal to 12 kg and the quantity of ammonia solution is less than or equal to 12 L.
Class 2, Gases, that May Be Identified as UN1075, LIQUEFIED PETROLEUM GAS
1.32.1
(1)
The following dangerous goods may be identified by the UN number UN1075 and the shipping name LIQUEFIED PETROLEUM GASES instead of the UN number and shipping name identified for them:
(2)
The shipping name of the dangerous goods listed in paragraphs (1)(a) to (f) may be shown on the shipping document, in parentheses, following the words “LIQUEFIED PETROLEUM GASES”.
(3)
If either UN1077, PROPYLENE, or UN1978, PROPANE, is to be transported on a road vehicle or railway vehicle on board a vessel and is identified as LIQUEFIED PETROLEUM GASES on the shipping document in accordance with subsection (1), the shipping name PROPYLENE or PROPANE, as appropriate, must be shown on the shipping document, in parentheses, following the words “LIQUEFIED PETROLEUM GASES”.
Class 2, Gases, Absolute Pressure between 101.3 kPa and 280 kPa
1.32.2
Gases that are at an absolute pressure between 101.3 kPa and 280 kPa at 20°C, other than gases included in Class 2.1 or Class 2.3, may be handled, offered for transport or transported on a road vehicle, a railway vehicle or a vessel on a domestic voyage as Class 2.2, Non-flammable, Non-toxic gas. In that case, the requirements of these Regulations that relate to gases included in Class 2.2 must be complied with.
Class 2, Gases, in Small Means of Containment Exemption
1.32.3
Part 3 (Documentation) and Part 6 (Training) do not apply to dangerous goods that are transported in one or more small means of containment on a road vehicle solely on land if
(a)
the dangerous goods are
(b)
the dangerous goods are contained in no more than five small means of containment;
(c)
the gross mass of the dangerous goods is less than or equal to 500 kg; and
(d)
the labels displayed on the small means of containment can be seen from outside the road vehicle.
Class 3, Flammable Liquids: General Exemption
1.33
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting of dangerous goods included in Class 3, Flammable Liquids, on a road vehicle, a railway vehicle or a vessel on a domestic voyage if the dangerous goods
(a)
have no subsidiary class;
(b)
are included in Packing Group III and have a flash point greater than 37.8°C; and
(c)
are in one or more small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety.
Class 3, Flammable Liquids, Flash Point Greater Than 60°C but Less Than or Equal to 93°C
1.34
Despite section 6.1 of the Act and section 4.2 of Part 4 (Dangerous Goods Safety Marks) of these Regulations, substances that have a flash point greater than 60°C but less than or equal to 93°C may be transported on a road vehicle, on a railway vehicle or on a vessel on a domestic voyage as Class 3, Flammable Liquids, Packing Group III. In that case, the requirements of these Regulations, except paragraph 7.2(1)(f) of Part 7 (Emergency Response Assistance Plan), that relate to flammable liquids that have a flash point less than or equal to 60°C must be complied with.
1.34.1
[Repealed, SOR/2017-137, s. 9]
UN1202, DIESEL FUEL, or UN1203, GASOLINE, Exemption
1.35
Part 3 (Documentation), the UN number requirements in sections 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
(a)
the dangerous goods are in one or more means of containment, each of which is visible from outside the road vehicle and each of which has displayed on it
(i)
the label or placard required for the dangerous goods by Part 4 (Dangerous Goods Safety Marks), or
(ii)
if a side or end of the means of containment is not visible from outside the road vehicle, the label or placard required for the dangerous goods by Part 4 (Dangerous Goods Safety Marks) on a side or end that is visible from outside the road vehicle;
(b)
each means of containment is secured to the road vehicle so that the required label or at least one of the required placards displayed on it is visible from outside the road vehicle during transport; and
(c)
the total capacity of all the means of containment is less than or equal to 2 000 L.
Class 3, Flammable Liquids, Alcoholic Beverage and Aqueous Solution of Alcohol Exemption
1.36
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Reporting Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle or a vessel on a domestic voyage of
(a)
an alcoholic beverage if the alcoholic beverage
(i)
contains alcohol that is less than or equal to 24% by volume,
(ii)
is included in Packing Group II and is in a means of containment with a capacity that is less than or equal to 5 L, or
(iii)
is included in Packing Group III and is in a means of containment with a capacity that is less than or equal to 250 L; or
(b)
an aqueous solution of alcohol if the aqueous solution has a flash point greater than 23°C and
(i)
contains alcohol that is less than or equal to 50% by volume and at least 50% by volume of a substance that is not dangerous goods, and
(ii)
is contained in a small means of containment.
1.37
[Repealed, SOR/2008-34, s. 19]
Polyester Resin Kit Exception
1.38
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Reporting Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting of a polyester resin kit that consists of a substance included in Class 3, Packing Group II or III and a substance included in Class 5.2, Type D, E or F that does not require temperature control if
(a)
the kit is in transport on a road vehicle, a railway vehicle or a vessel on a domestic voyage;
(b)
the gross mass of the kit is less than or equal to 30 kg;
(c)
the quantity of Class 3 substance in the kit is less than or equal to
(i)
1 L for Packing Group II substances, and
(ii)
5 L for Packing Group III substances; and
(d)
the quantity of Class 5.2 substance in the kit is less than or equal to
(i)
125 mL for liquids, and
(ii)
500 g for solids.
Class 6.2, Infectious Substances, UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B Exemption
1.39
Parts 3 and 4, except section 4.22.1, and Part 17 do not apply to the offering for transport, handling or transporting of infectious substances that are included in Category B if
(a)
one external surface of the means of containment for the substances measures at least 100 mm × 100 mm;
(b)
the means of containment is in compliance with Part 5 (Means of Containment) and has displayed on the external surface
(i)
the mark illustrated in Part 4 (Dangerous Goods Safety Marks) for infectious substances included in Category B, and
(ii)
the shipping name, on a contrasting background, next to the mark in letters at least 6 mm high; and
(c)
the 24-hour telephone number required under paragraph 3.5(1)(f) is displayed next to the shipping name on the means of containment.
1.40
[Repealed, SOR/2008-34, s. 21]
Biological Products Exemption
1.41
Parts 3 to 8 and 17 do not apply to the offering for transport, handling or transporting of biological products if they
(a)
are prepared in accordance with the requirements set out under the Food and Drugs Act;
(b)
are in a means of containment 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
(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.
Human or Animal Specimens Believed Not to Contain Infectious Substances Exemption
1.42
(1)
Parts 3 to 8 and 17 do not apply to the offering for transport, handling or transporting of human or animal specimens that are reasonably believed not to contain infectious substances.
(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.
Tissues or Organs for Transplant Exemption
1.42.1
These Regulations do not apply to the offering for transport, handling or transport of tissues or organs for transplant.
Blood or Blood Components Exemption
1.42.2
(1)
Parts 3 to 8 and 17 do not apply to the offering for transport, handling or transporting of blood or blood components that are intended for transfusion or for the preparation of blood products and are reasonably believed not to contain infectious substances.
(2)
The blood or blood components referred to in subsection (1) must be in a means of containment 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.
Medical or Clinical Waste
1.42.3
Part 3, sections 4.10 to 4.12 and Parts 5 to 8 and 17 do not apply to the offering for transport, handling or transporting of dangerous goods that are medical waste or clinical waste if
(a)
the dangerous goods are UN3291, (BIO) MEDICAL WASTE, N.O.S.;
(b)
the dangerous goods are in a means of containment that is in compliance with CGSB-43.125; and
(c)
the following information is displayed on the means of containment:
(i)
the biohazard symbol; and
(ii)
the word “BIOHAZARD” or “BIORISQUE ”.
Class 7, Radioactive Materials, Exemption
1.43
Parts 3 to 7, 9 to 12 and 17 do not apply to the offering for transport, handling or transporting of dangerous goods included in Class 7 if the dangerous goods
(a)
satisfy the conditions in the Packaging and Transport of Nuclear Substances Regulations to be transported in an excepted package;
(b)
are in an excepted package; and
(c)
are accompanied by a document that includes the shipping name and UN number of the radioactive materials.
Residue of Dangerous Goods in a Drum Exemption
1.44
Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), and Part 7 (Emergency Response Assistance Plan) do not apply to a residue of dangerous goods contained in a drum that is in transport on a road vehicle, a railway vehicle or a vessel on a domestic voyage, except for dangerous goods included in Packing Group I or contained in a drum otherwise requiring a label for Class 1, 4.3, 6.2 or 7, if
(a)
[Repealed, SOR/2019-101, s. 3]
(b)
the drum is being transported for the purpose of reconditioning or reuse in accordance with section 5.12 of Part 5 (Means of Containment);
(c)
when more than 10 drums are on the road vehicle or on the railway vehicle, the road vehicle or railway vehicle has displayed on it the DANGER placard in accordance with Part 4 (Dangerous Goods Safety Marks); and
(d)
the drums are accompanied by a document that includes the following information:
(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
(ii)
the words “Residue Drum(s) – Content(s) Unknown” or “fût(s) de résidu – contenu inconnu ” if there are any residues for which the primary class cannot be reasonably determined, preceded by the number of drums containing the residues.
Fumigation of Means of Containment
1.45
These Regulations, except for subsection 3.5(3) of Part 3 (Documentation) and section 4.21 of Part 4 (Dangerous Goods Safety Marks), do not apply to a means of containment, or the contents of a means of containment, that is being fumigated with dangerous goods and that is in transport if the fumigant is the only dangerous goods in transport in the means of containment.
Marine Pollutants Exemption
1.45.1
Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks) do not apply to substances that are classified as marine pollutants in accordance with section 2.43 of Part 2 (Classification) if they are in transport solely on land by road vehicle or railway vehicle. However, substances may be identified as marine pollutants on a shipping document and the required dangerous goods safety marks may be displayed when they are in transport by road or railway vehicle.
Miscellaneous Special Cases
1.46
These Regulations do not apply to the following dangerous goods:
(a)
ammoniating fertilizer solutions with an absolute pressure of ammonia less than or equal to 276 kPa at 41°C;
(b)
antimony oxides and antimony sulphides with 0.5% or less arsenic by mass;
(c)
charcoal or carbons that are
(i)
non-activated carbon blacks of mineral origin,
(ii)
carbons made by a steam activation process, or
(iii)
activated or non-activated carbons that pass the self-heating test for carbon in section 33.3.1.3.3 of the Manual of Tests and Criteria;
(d)
cinnabar;
(e)
cyclohexanone peroxides with 70% or more inert inorganic solid, by mass;
(f)
Di-4-chlorobenzoyl peroxide or p-chlorobenzoyl peroxide with 70% or more inert inorganic solid, by mass;
(g)
1,3-Di-(2-tert-butylperoxyisopropyl) benzene or 1,4-Di-(2-tert-butylperoxyisopropyl) benzene, or mixtures of both, 60% or more, by mass, of which consists of an inert solid, if the substance is in a means of containment in a total quantity less than or equal to 200 kg;
(h)
dibenzoyl peroxide or benzoyl peroxide that is in a concentration less than 35.5%, by mass, with finely ground starch, calcium sulphate dihydrate or dicalcium phosphate dihydrate, or that is in a concentration less than 30%, by mass, with 70% or more, by mass, inert solid;
(i)
dicumyl peroxide with 60% or more inert inorganic solid, by mass;
(j)
ferricyanides and ferrocyanides;
(k)
fish-meal that is acidified and is wetted with 40% or more water, by mass;
(l)
[Repealed, SOR/2017-253]
(m)
[Repealed, SOR/2008-34]
(n)
sodium dichloroisocyanurate dihydrate;
(o)
solvent extracted soya bean meal free of flammable solvent and containing 1.5% or less oil, by mass, and 11% or less moisture, by mass; or
(p)
wood or wood products treated with wood preservatives.
UN1044, FIRE EXTINGUISHERS, Exemption
1.47
Subsections 5.10(1) and (2) and Part 17 do not apply to the offering for transport, handling or transporting of UN1044, FIRE EXTINGUISHERS, if the fire extinguishers
(a)
do not contain dangerous goods included in Class 2.3, Class 6.1 or Class 8;
(b)
are contained in an outer means of containment;
(c)
have a capacity less than 18 L or, if they contain liquefied gas, a capacity less than 0.6 L;
(d)
have an internal pressure less than or equal to 1 650 kPa at 21°C; and
(e)
are manufactured, tested, maintained, marked and used in accordance with ULC Standard S504, ULC Standard S507, ULC Standard S512 or ULC Standard S554.
Air Ambulance Exemption
1.48
These Regulations, except for Part 8 (Reporting Requirements), do not apply to dangerous goods required for patient care on an aircraft if
(a)
the aircraft is configured as an air ambulance and is used only as an air ambulance;
(b)
the transport of the dangerous goods is not forbidden in Schedule 1, Schedule 3 or the ICAO Technical Instructions;
(c)
the dangerous goods are under the control of a health care professional or a person who is trained in accordance with Part 6 (Training);
(d)
in the case of
(i)
dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii)
dangerous goods not included in Class 2, Gases, they are in one or more small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and
(e)
the means of containment are secured to prevent unintended movement during transport.
Cylinder Exemption
1.49
(1)
Subsection 5.1(1) and Section 5.10 of Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods in a cylinder on a road vehicle or an aircraft if
(a)
the cylinder is from or for a vessel or an aircraft;
(b)
the cylinder is transported solely for the purpose of refilling, exchanging or requalification;
(c)
the cylinder is accompanied by a shipping document that includes the words “Cylinder in transport for purpose of refilling, exchanging or requalification in compliance with section 1.49 of the TDGR” or “Bouteille à gaz en transport aux fins de remplissage, d’échange ou de requalification en conformité avec l’article 1.49 du RTMD ”;
(d)
the cylinder is closed and secured so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety;
(e)
in the case of a cylinder from or for a vessel that is a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001, the cylinder conforms, as applicable, to
(i)
the Fire Detection and Extinguishing Equipment Regulations, as they read immediately before being repealed,
(ii)
(iii)
(iv)
(v)
the Small Vessel Regulations, and
(vi)
(f)
in the case of a cylinder from or for a vessel that is a foreign vessel as defined in section 2 of the Canada Shipping Act, 2001 and that is a Safety Convention vessel as defined in that section, the cylinder is used for a purpose related to the operation or navigation of the vessel, including a life-saving or emergency purpose; and
(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.
(2)
When the cylinder has been requalified or filled, the exemption set out in subsection (1) applies only if the cylinder was requalified in accordance with clause 6.5.1(b) of CSA B340 and filled in compliance with clause 6.5.1(c) of CSA B340.
Hot Air Balloon Cylinder Exemption
1.50
(1)
Sections 5.1, 5.2 and 5.5 and subsection 5.10(1) do not apply to the offering for transport, handling or transport 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.