PART 1

COMING INTO FORCE, REPEAL, INTERPRETATION, GENERAL PROVISIONS AND SPECIAL CASES

TABLE OF CONTENTS

COMING INTO FORCE, REPEAL, INTERPRETATION, GENERAL PROVISIONS AND SPECIAL CASES

1.1 Coming into Force

These Regulations come into force 12 months after the day on which they are published in Part II of the Canada Gazette.

1.2 Repeal

On the day these Regulations come into force, the "Transportation of Dangerous Goods Regulations", as made by Order in Council P.C. 1985-147 dated January 17, 1985 and registered as SOR/85-77, are repealed.

1.3 Interpretation

(1) Anything written in italics in these Regulations is not part of the Regulations.

(2) In these Regulations,

• (a) "must" is imperative and "may" is permissive;

• (b) the words "on", "in" or "by" are synonymous when they are associated with the defined term "road vehicle" or "railway vehicle";

• (c) pressure expressed in kPa is gauge pressure unless designated as absolute pressure, except for vapour pressure, which is always absolute pressure;

• (d) shipping names listed in Schedule 1 may be

• (i) written in the singular or plural,

• (ii) written in upper or lower case letters, except that when the shipping name is followed by the descriptive text associated with the shipping name the descriptive text must be in lower case letters and the shipping name must be in upper case letters (capitals), and

• SOR/2002-306

• (iii) in English only, put in a different word order as long as the full shipping name is used and the word order is a commonly used one;

• For example, "AMMONIA, ANHYDROUS" may be written "ANHYDROUS AMMONIA" and "SULPHUR, MOLTEN" may be written "MOLTEN SULPHUR".

• (e) a symbol set out in column 1 of the following table represents the corresponding unit of measure set out in column 2:

Table

and

• (f) a document set out in column 2 of the following table is a safety standard or a safety requirement that is cited in these Regulations by its corresponding short form set out in column 1:

• The corresponding item number in the French-language table is shown in parentheses under the English-language item number.

Table

1.4 Definitions

In the following definitions, words that are also defined or that are variations of words that are defined are underlined. The meanings of the variations should be drawn from the defined terms. The meanings of other words that are not defined can be found in a dictionary or a scientific or technical handbook, journal or text or a similar publication.

The definitions in this section, which include the definitions from the Act, apply in these Regulations.

General Provisions

Subsections 1.5(4) and 1.6(2) refer to a conflict between provisions. A conflict is not the same as a difference. There is a difference between two provisions if they are not exactly the same but both can be satisfied at the same time. There is a conflict between two provisions if it is impossible for both provisions to be satisfied at the same time.

For example, if Provision A requires a tank wall to exceed 1 mm in thickness and Provision B requires the same tank wall to exceed 2 mm in thickness, there is a difference between the two provisions but there is no conflict because both provisions can be satisfied at the same time if the tank wall exceeds 2 mm in thickness.

However, if Provision A prohibits a tank wall from exceeding 1 mm in thickness and Provision B requires the same tank wall to exceed 2 mm in thickness, there is a conflict between the two provisions because it is impossible for the tank wall to be less than or equal to 1 mm in thickness while at the same time exceeding 2 mm in thickness.

1.5 Forbidden Dangerous Goods and Special Provisions

Subsection (1) states that dangerous goods are forbidden for transport by any means of transport when the word "Forbidden" is shown in column 3 of Schedule 1 or column 4 of Schedule 3. Normally, dangerous goods forbidden for transport do not have a UN number and are included only in Schedule 3. However, there are 14 dangerous goods forbidden for transport that are also included in Schedule 1. They are UN numbers UN2249, UN2455, UN3097, UN3100, UN3121, UN3127, UN3133, UN3137, UN3255, UN3315, UN3319, UN3343, UN3344 and UN3357.

Subsection (2) refers to dangerous goods that are not completely forbidden for transport but are forbidden for transport by the means of transport indicated in the heading of column 8 or 9.

(1) If the word "Forbidden" is shown for dangerous goods in column 3 of Schedule 1 or column 4 of Schedule 3, a person must not handle, offer for transport or transport the dangerous goods.

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

(3) In addition to the other requirements of these Regulations, when there is a special provision in Schedule 2 for dangerous goods, that special provision applies.

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

(5) Despite subsection (4), when these Regulations do not apply to specific dangerous goods, Schedule 2 does not apply either.

1.6 Quantity Limits in Columns 8 and 9 of Schedule 1

(1) If there is a number shown in column 8 or 9 of Schedule 1, that number is a quantity limit and a person must not handle, offer for transport or transport, by the means of transport set out in the heading of that column, a consignment of dangerous goods that exceeds the quantity limit in that column. A consignment of dangerous goods exceeds the quantity limit when the dangerous goods

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

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

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

• (d) if an explosive, have a net explosives quantity that is greater than the number when that number is expressed in kilograms.

(2) If the quantity limit in column 8 or 9 of Schedule 1 conflicts with any other quantity limit in these Regulations, the quantity limit in that column applies.

(3) Despite subsection (2), when these Regulations do not apply to specific dangerous goods, the quantity limits in columns 8 and 9 of Schedule 1 do not apply either.

1.7 Safety Requirements, Documents, Safety Marks

As provided for in section 5 of the Act, a person must not handle, offer for transport, transport or import dangerous goods unless

• (a) the person complies with all applicable prescribed safety requirements;

• (b) the dangerous goods are accompanied by all applicable prescribed documents; and

• (c) the means of containment and transport comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.

1.8 Prohibition: Explosives

A person must not handle, offer for transport or transport dangerous goods by any means of transport if the dangerous goods are explosives and

• (a) are in direct contact with a large means of containment, except when the explosives are to be transported by road vehicle in quantities that are allowed for the explosives in Schedule 1 or in any special provision in Schedule 2; or

• (b) are also radioactive materials.

1.9 Use of the Most Recent Version of the ICAO Technical Instructions, the IMDG Code or 49 CFR

A person who is required or permitted by these Regulations to comply with all or a portion of the ICAO Technical Instructions, the IMDG Code or 49 CFR may comply with the most recent version of those documents rather than the version named in the table to paragraph 1.3(2)(f) and in the definitions in section 1.4.

1.10 Use of Classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations

A person may use the appropriate classification set out in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a ship on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.

1.11 Use of 49 CFR for Non-regulated Dangerous Goods

When a substance is regulated in the United States by 49 CFR but is not regulated in Canada by these Regulations, a person may transport the substance between Canada and the United States by road vehicle or railway vehicle in accordance with all or part of 49 CFR.

This means that, for example, the safety marks displayed in accordance with 49 CFR would not be considered misleading.

1.12 Evidence: Safety Marks, Prescribed Documents

As provided for in section 42 of the Act, in any prosecution for an offence, evidence that a means of containment or transport bore a safety mark or was accompanied by a prescribed document is, in the absence of evidence to the contrary, proof of the information shown or indicated by the safety mark or contained in the prescribed document.

1.13 Defence: Due Diligence

As provided for in section 40 of the Act, a person must not be found guilty of an offence if it is established that the person took all reasonable measures to comply with the Act or to prevent the commission of the offence.

1.14 Repealed SOR/2002-306

Special Cases

The following sections, and some of the special provisions included in Schedule 2, Special Provisions, provide an exemption for dangerous goods that are "in transport". Such an exemption extends to handling, offering for transport and to the means of containment used. In section 1.15, for example, a shipping document is not required when the dangerous goods are in transport. Consequently, the consignor would not be required to prepare a shipping document before the dangerous goods are placed in transport.

1.15 Exemption for Personal Use

(1) These Regulations do not apply to dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage, if the dangerous goods

• (a) are transported between

• (i) a retail outlet and the residence of the purchaser,

• (ii) a retail outlet and the purchaser's place of use,

• (iii) the residence of the purchaser and a place of use, or

• (iv) two residences;

• (b) are contained in one or more means of containment each of which has a gross mass less than or equal to 30 kg and is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of dangerous goods that could endanger public safety;

• (c) are not for resale or for commercial or industrial use; and

• (d) are in a quantity and concentration available to the general public at retail outlets.

• Examples of retail outlets are hardware stores, automotive industry stores, pool supply stores and farm co-ops.

(2) Subsection (1) does not apply to explosives except for

• (a) explosives with UN numbers UN0044, UN0070, UN0105, UN0131, UN0173, UN0193, UN0336, UN0337, UN0373, UN0404, UN0432 and UN0454; and

• (b) explosives with UN numbers UN0012, UN0014, UN0055, UN0323, and UN0405 if

• (i) in the case of cartridges for rifles or pistols, the calibre is less than 50 calibre, or in the case of cartridges for shotguns, the calibre is greater than or equal to 8 gauge, and

• (ii) the cartridges are packed in metal clips or in partitions inside boxes that fit snugly in an outside packaging.

(3) Subsection (1) does not apply to

• (a) dangerous goods in a quantity greater than 150 kg gross mass that are in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage; or

• (b) radioactive materials that are required to be licensed by the Canadian Nuclear Safety Commission.

1.16 500 kg Exemption

(1) These Regulations do not apply to dangerous goods in a quantity less than or equal to 500 kg gross mass in transport solely on land on a road vehicle or railway vehicle if

• (a) the dangerous goods are contained

• (i) for dangerous goods other than dangerous goods included in Class 2, Gases, in one or more means of containment each of which has a gross mass less than or equal to 30 kg and is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety, or

• (ii) for dangerous goods included in Class 2, Gases, in one or more means of containment in compliance with Part 5, Means of Containment;

  SOR/2002-306

• (b) the dangerous goods are accompanied by a shipping document that, despite sections 3.5 and 3.6 of Part 3, Documentation, includes the following information in the following order:

• (i) the primary class of the dangerous goods, following the word "Class" or "Classe", and

• (ii) the total number of means of containment, following the words "number of means of containment" or "nombre de contenants";

  SOR/2002-306

• For example,
  Class 3, number of means of containment, 10
  Class 8, number of means of containment, 12
  Class 3, Class 8, number of means of containment, 22
  SOR/2002-306

• (c) each means of containment, as prepared for transport, has displayed on one side, other than the side on which it is intended to rest or to be stacked during transport,

• (i) the dangerous goods safety marks required by Part 4, Dangerous Goods Safety Marks, or

• (ii) the shipping name of the dangerous goods and the marks required by one of the following Acts and regulations, as long as these marks are visible during handling and transporting:

• (A) the "Explosives Act" and its regulations,

• (B) the "Pest Control Products Act" and its regulations,

• (C) the "Hazardous Products Act" and its regulations, or

• (D) the "Packaging and Transporting of Nuclear Substances Regulations"; and

• (d) the person transporting the dangerous goods is trained in accordance with Part 6, Training.

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

• (a) are forbidden for transport in Schedule 1 or Schedule 3;

• (b) require a control or emergency temperature;

• (c) have a primary class or subsidiary class of Class 1, except for Class 1.4S;

• (d) are included in Class 2.1 and are in a cylinder that has a water capacity greater than 46 L;

• (e) are included in Class 2.3;

• (f) are included in Class 4 and Packing Group I;

• (g) are included in Class 5.2 unless they are limited quantities in accordance with section 1.17;

• (h) are liquids included in Class 6.1 and Packing Group I;

• (i) are included in Class 6.2; or

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

1.17 Limited Quantities

Subsection (1) establishes the concept of a limited quantity of dangerous goods. Note that it is established in terms of a consignment, that is, a consignment of dangerous goods is a limited quantity if the conditions in this section are met.

Subsection (2) provides an exemption for a limited quantity.

Subsection (3) provides an exemption for an accumulation of more than one limited quantity. However, there are conditions. For example, the means of containment containing the dangerous goods must be marked. Also, when an accumulation of dangerous goods exceeds 500 kg gross mass and is offered for transport by one consignor to one destination, the dangerous goods must be accompanied by a document.

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

• (a) the consignment is contained in a means of containment that has a gross mass less than or equal to 30 kg and is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and

• (b) the dangerous goods

• (i) if a solid, have a mass that is less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in kilograms,

• (ii) if a liquid, have a volume that is less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in litres, or

• (iii) if a gas, including a gas in a liquefied form, are contained in a means of containment that has a water capacity less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in litres.

(2) These Regulations do not apply to a limited quantity of dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the means of containment is marked on one side, other than the side on which it is intended to rest or to be stacked during transport, with the words "Limited Quantity" or "quantité limitée", the abbreviation "Ltd. Qty." or "quant. ltée" or the words "Consumer Commodity" or "bien de consommation" and the words are legible and displayed against a background of contrasting colour. SOR/2003-273

(3) These Regulations do not apply to an accumulation of limited quantities of dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the limited quantities are in one or more means of containment, each of which is marked on one side, other than the side on which it is intended to rest or to be stacked during transport, with the words "Limited Quantity" or "quantité limitée", the abbreviation "Ltd. Qty." or "quant. ltée" or the words "Consumer Commodity" or "bien de consommation" and the words are legible and displayed against a background of contrasting colour. SOR/2003-273

(4) When a limited quantity is in a means of containment that is inside another means of containment that has a gross mass less than or equal to 30 kg and the outer means of containment is marked in accordance with subsection (2) or (3), the inside means of containment is considered to be marked in accordance with that subsection. SOR/2003-273

(5) When the gross mass of an accumulation of limited quantities offered for transport by one consignor to one destination is greater than 500 kg, the consignor must give to the carrier a document that includes the words "Limited Quantity" or "quantité limitée", the abbreviation "Ltd. Qty." or "quant. ltée" or the words "Consumer Commodity" or "bien de consommation". SOR/2003-273

This section does not differentiate between limited quantities and consumer commodities for domestic transport by road, rail or ship. However, consignors need to comply with the requirements for international ship transport in Part 11, Marine, and with the requirements for domestic and international transport by air in Part 12, Air. If a means of containment is marked "Consumer Commodity" and is transported to the United States, the consignor needs to comply with the definition of "Consumer Commodity" in 49 CFR. SOR/2003-273

1.18 Medical Device or Article

These Regulations do not apply to the transport on a road vehicle, a railway vehicle or a ship on a domestic voyage of

• (a) a medical device, wheelchair, medical article or a medical cylinder if

  SOR/2002-306

• (i) the medical device is attached to or implanted in an individual or an animal,

• (ii) the wheelchair or medical article is in transport and is intended for the personal use of a specific individual, or

• (iii) the medical cylinder is intended for the personal use of an individual on board the road vehicle, railway vehicle or ship, is in compliance with Part 5, Means of Containment, and has a water capacity less than or equal to 5 L; or

  SOR/2002-306

• (b) a radio-pharmaceutical that has been injected in or ingested by an individual or an animal.

1.19 Samples

(1) These Regulations do not apply to samples of goods, including forensic samples, that are reasonably believed to be dangerous goods if, for the purposes of inspection or investigation duties under an Act of Parliament or of a provincial legislature, the samples are

• (a) in transport under the direct supervision of a federal, provincial or municipal government employee acting in the course of employment; and

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

(2) These Regulations do not apply to samples of goods that the consignor reasonably believes to be dangerous goods, if

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

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

• (c) the gross mass of the samples is less than or equal to 10 kg;

• (d) the samples are accompanied by a shipping document that, despite sections 3.5 and 3.6 of Part 3, Documentation, includes the name and address of the consignor and the words "test samples" or "échantillons d'épreuve";

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

• (f) the means of containment has marked on it the words "test samples" or "échantillons d'épreuve" and the words are legible and displayed against a background of contrasting colour.

  SOR/2003-273

1.20 National Defence

For the purposes of paragraph 3(4)(a) of the Act, any activity or thing related to the transportation of dangerous goods is under the sole direction or control of the Minister of National Defence if the dangerous goods are in or on a means of transport

• (a) owned and operated by the Department of National Defence or operated on behalf of the Department of National Defence by

• (i) an employee of the Department of National Defence,

• (ii) a member of the Canadian Forces, or

• (iii) civilian personnel who are not employed by the Department of National Defence if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department of National Defence or a member of the Canadian Forces;

• (b) owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization or operated on behalf of such an establishment by

• (i) military or civilian personnel of that establishment, or

• (ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment; or

• (c) owned and operated by the military establishment of another country under an agreement with the Department of National Defence or operated on behalf of such an establishment by

• (i) military or civilian personnel of that establishment, or

• (ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.

• SOR/2003-273

1.21 Agriculture: 1 500 kg Farm Vehicle Exemption

These Regulations do not apply to dangerous goods in a quantity less than or equal to 1 500 kg gross mass in transport on a road vehicle licensed as a farm vehicle if

• (a) the dangerous goods are transported solely on land for a distance less than or equal to 100 km;

• (b) the dangerous goods are to be or have been used for agricultural purposes; and

• (c) the dangerous goods do not include

• (i) Class 1, Explosives, other than explosives included in Class 1.4S,

• (ii) Class 2.1, Flammable Gases, in a cylinder that has a water capacity greater than 46 L,

• (iii) Class 2.3, Toxic Gases,

• (iv) Class 6.2, Infectious Substances, or

• (v) Class 7, Radioactive Materials.

1.22 Agriculture: 3 000 kg Retail Exemption

These Regulations do not apply to dangerous goods in a quantity less than or equal to 3 000 kg gross mass in transport on a road vehicle if

• (a) the dangerous goods are transported solely on land between a retail outlet and the residence of the purchaser or the place of use, for a distance less than or equal to 100 km;

• (b) the dangerous goods are to be or have been used for agricultural purposes;

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

• (d) the dangerous goods do not include

• (i) Class 1, Explosives, other than explosives included in Class 1.4S,

• (ii) Class 2.1, Flammable Gases, in a cylinder that has a water capacity greater than 46 L,

• (iii) Class 2.3, Toxic Gases,

• (iv) Class 6.2, Infectious Substances, or

• (v) Class 7, Radioactive Materials.

1.23 Agriculture: Pesticide Exemption

(1) Part 3, Documentation, the requirements for the display of a UN number in section 4.15 of Part 4, Dangerous Goods Safety Marks, and Part 6, Training, do not apply to a solution of pesticides in transport on a road vehicle if

• (a) the dangerous goods are transported solely on land for a distance less than or equal to 100 km;

• (b) the dangerous goods are in a large means of containment that

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

• (ii) is used to prepare the dangerous goods for application or to apply the dangerous goods; and

• (c) only one large means of containment containing the solution of pesticides is in transport on the road vehicle.

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

1.24 Agriculture: Anhydrous Ammonia Exemption

Part 3, Documentation, and Part 7, Emergency Response Assistance Plan, do not apply to UN1005, AMMONIA, ANHYDROUS, if it is SOR/2002-306 (a) in transport solely on land by road vehicle; and (b) in a large means of containment that has a water capacity less than or equal to 10 000 L and that will be used for the field application of the dangerous goods.

1.25 Transportation within a Facility

These Regulations do not apply to dangerous goods that are transported solely within a manufacturing or processing facility to which public access is controlled.

1.26 Emergency Response

These Regulations do not apply to dangerous goods that are in quantities necessary to respond to an emergency and that are in transport in a means of transport that is dedicated to emergency response, unless the dangerous goods are forbidden for transport in Schedule 1 or Schedule 3.

1.27 Operation of a Means of Transport

These Regulations do not apply to dangerous goods that are necessary for the safety of individuals on a means of transport or for the operation or safety of a means of containment or a means of transport unless the dangerous goods are forbidden for transport in Schedule 1 or Schedule 3.

This section is intended to apply to, for example, gasoline in the fuel tank of the means of transport, batteries or refrigeration units installed in vehicles and equipment such as fire extinguishers required in accordance with operating regulations for the means of transport.

1.28 Transportation between Two Properties

These Regulations do not apply to dangerous goods, other than Class 1, Explosives, or Class 7, Radioactive Materials, that are in transport on a road vehicle between two properties owned or leased by the manufacturer or user of the dangerous goods if

• (a) the dangerous goods are transported a distance less than or equal to 3 km on a public road;

• (b) the road vehicle has displayed on it

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

• (ii) the DANGER placard;

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

• (d) the appropriate provincial authority listed in the following table is advised of the nature of the dangerous goods in advance of the transport:

Table

1.29 Dangerous Goods in an Instrument or in Equipment

These Regulations do not apply to dangerous goods that are in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if

• (a) the dangerous goods are contained in, and are not intended to be discharged from, an instrument or a piece of equipment that is not dangerous goods itself and that is designed to perform a function other than solely to contain dangerous goods; and

• (b) the dangerous goods

• (i) if a solid, have a mass that is less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in kilograms,

• (ii) if a liquid, have a volume that is less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in litres,

• (iii) if a gas, including a gas in a liquefied form, are contained in one or more means of containment with a total water capacity less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in litres; or

• (iv) if an explosive, have a net explosives quantity that is less than or equal to the number shown for them in column 6 of Schedule 1 when that number is expressed in kilograms.

1.30 Marine

The requirements of these Regulations that relate solely to the handling, offering for transport or transporting of dangerous goods by ship do not apply to dangerous goods in transport on a road vehicle or railway vehicle that is being transported on board a short-run ferry.

1.31 Class 1, Explosives

These Regulations do not apply to transporting solely on land in a road vehicle or railway vehicle dangerous goods included in Class 1, Explosives, if

• (a) the net explosives quantity of all the explosives in the road vehicle or railway vehicle is less than or equal to the lowest number shown in column 6 of Schedule 1 for any one of the explosives when that number is expressed in kilograms;

• For the purpose of this explanation, suppose the explosives have UN numbers NUM1, NUM2, NUM3, etc. This section is satisfied if the total net explosives quantity of all the explosives taken together is less than the net explosives quantity for NUM1 and is also less than the net explosives quantity for NUM2 and is also less than the net explosives quantity for NUM3, etc.

• (b) the explosives are in a means of containment required or permitted in Part 5, Means of Containment; and

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

1.32 Class 2, Gases

These Regulations do not apply to dangerous goods that are liquefied compressed gases included in Class 2.2, Non-flammable, Non-toxic Gases, in use as a refrigerant in a refrigerator or a freezer if the quantity of dangerous goods is less than 12 kg.

1.33 Class 3, Flammable Liquids: General Exemption

These Regulations do not apply to dangerous goods included in Class 3, Flammable Liquids, in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage, if the dangerous goods

• (a) have no subsidiary class;

• (b) are included in Packing Group III and have a flash point greater than 37.8°C; and

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

1.34 Class 3, Flammable Liquids: Flash Point Between 60.5°C and 93°C

Substances that have a flash point greater than 60.5°C but less than or equal to 93°C may be transported on a road vehicle, a railway vehicle or a ship on a domestic voyage as Class 3, Flammable Liquids, and Packing Group III. In this case, the requirements of these Regulations that relate to flammable liquids that have a flash point less than or equal to 60.5°C must be complied with.

1.35 Class 3, Flammable Liquids: UN1202, DIESEL FUEL, or UN1203, GASOLINE Exemption

Part 3, Documentation, the UN number requirements in section 4.15 of Part 4, Dangerous Goods Safety Marks, and Part 6, Training, do not apply to UN1202, DIESEL FUEL, or UN1203, GASOLINE, if

• (a) the dangerous goods are in one or more means of containment, each of which is visible from outside the vehicle and each of which has displayed on it

• (i) the label or placards required for the dangerous goods by Part 4, Dangerous Goods Safety Marks, or

• (ii) if a side or end of the means of containment is not visible from outside the vehicle, the label or placards required for the dangerous goods by Part 4, Dangerous Goods Safety Marks, other than a placard on the side or end that is not visible from outside the vehicle;

• (b) each means of containment is secured to the vehicle so that the required label or at least one of the required placards displayed on it is visible from outside the vehicle during transport; and

• (c) the total water capacity of all the means of containment is less than or equal to 2 000 L.

SOR/2003-273

1.36 Class 3, Flammable Liquids: Alcoholic Beverage Exemption

These Regulations do not apply to an alcoholic beverage in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the alcoholic beverage

• (a) is included in Packing Group II and is in a means of containment with a water capacity less than or equal to 5 L; or

• (b) is included in Packing Group III and

• (i) contains 24 per cent or less by volume of alcohol, or

• (ii) is in a means of containment with a water capacity less than or equal to 250 L.

SOR/2002-306

1.37 Class 3, Flammable Liquids: Alcohol Exemption

These Regulations do not apply to an aqueous solution of alcohol that is in transport in a small means of containment on a road vehicle, a railway vehicle or a ship on a domestic voyage if the solution has a flash point greater than 23°C and contains

• (a) 50 per cent or less by volume of alcohol that has a flash point less than 37.8°C; and

• (b) 50 per cent or more by volume of a substance that is not dangerous goods.

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1.38 Class 3, Flammable Liquids: Polyester Resin Kit Exemption

These Regulations do not apply to a polyester resin kit that consists of a substance included in Class 3, Packing Group II or III, and a substance included in Class 5.2, Type C, D, E or F, and that does not require temperature control if

• (a) the kit is in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage;

• (b) the gross mass of the kit is less than or equal to 30 kg;

• (c) the quantity of Class 3 substance in the kit is less than or equal to

• (i) 1 L for Packing Group II substances, and

• (ii) 5 L for Packing Group III substances; and

• (d) the quantity of Class 5.2 substance in the kit is less than or equal to

• (i) 125 mL for liquids, and

• (ii) 500 g for solids.

1.39 Class 6.2, Infectious Substances: Risk Group 2 Exemption

(1) These Regulations do not apply to infectious substances included in Risk Group 2, other than those set out in subsection (2), if they are contained in a means of containment required or permitted by Part 5, Means of Containment.

(2) The infectious substances are

• (a) Corynebacterium diphtheriae;

• (b) Echinococcus (gravid segments);

• (c) Genus Vesiculovirus: VSV Indiana lab strain or other proven lab-adapted strains;

• (d) Hepatitis B virus; SOR/2002-306

• (e) Cowdria ruminatum that affects only animals: R. bovis and R. ovina;

• (f) Salmonella typhi;

• (g) Vibrio cholerae (including El Tor); and

• (h) any other infectious substance that exhibits the same characteristics as those listed in paragraphs (a) to (g).

1.40 Class 6.2, Infectious Substances: Risk Group 3 Exemption

These Regulations do not apply to the following infectious substances included in Risk Group 3 if they are contained in a means of containment required or permitted by Part 5, Means of Containment:

• (a) Chlamydia psittaci;

• (b) Ehrlichia canis;

• (c) Eperythrozoon species;

• (d) Heaemobartonella species;

• (e) Mycobacterium avium; or

• (f) Neorickettsia helminthoeca.

1.41 Biological Products

These Regulations do not apply to finished biological products, live vaccines, unfinished biological products or attenuated live vaccines if they are

• (a) prepared in accordance with the requirements set out under the "Food and Drugs Act"; and

• (b) contained in

• (i) a Type 1B means of containment that is in compliance with CGSB-43.125, or

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

1.42 Substances Believed Not to Contain Infectious Substances

These Regulations do not apply to substances in cultures, diagnostic specimens or other similar substances that are reasonably believed not to contain infectious substances if the substances are contained

• (a) in a Type 1B or Type 1C means of containment that is in compliance with CGSB-43.125; or

• (b) in a means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the substances.

1.43 Class 7, Radioactive Materials

These Regulations do not apply to Class 7, Radioactive Materials if the radioactive materials satisfy the conditions for an excepted package in the "Packaging and Transport of Nuclear Substances Regulations" and they are accompanied by a shipping document that, despite sections 3.5 and 3.6 of Part 3, Documentation, includes the shipping name and UN number of the radioactive materials.

1.44 Dangerous Goods in a Drum

Part 2, Classification, Part 3, Documentation, Part 4, Dangerous Goods Safety Marks, and Part 7, Emergency Response Assistance Plan, do not apply to a residue of dangerous goods, other than dangerous goods included in Packing Group I or contained in drums that are labelled as containing dangerous goods included in Class 1, 4.3, 6.2 or 7, contained in a drum that is in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if SOR/2002-306

• (a) the drum has been emptied to the maximum extent possible in the course of normal use and is less than 10 per cent full;

• (b) the drum is being transported for the purpose of reconditioning or refilling in accordance with CGSB-43.150;

• (c) when more than 10 drums are on the road vehicle 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 SOR/2002-306

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

• (i) the primary class of the dangerous goods last contained in the empty drums following the word "Class" or "Classe",

• (ii) the total number of empty drums in the road vehicle or railway vehicle, and

if the primary class of the dangerous goods is not known, the words "Residue Drum - Content Unknown" or "fût de résidu - contenu inconnu", followed by the number of drums.

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1.45 Fumigation of Means of Containment

These Regulations, except for subsection 3.5(3) of Part 3, Documentation, and section 4.21 of Part 4, Dangerous Goods Safety Marks, do not apply to a means of containment, or the contents of a means of containment, that is being fumigated with dangerous goods and that is in transport if the fumigant is the only dangerous goods in transport in the means of containment.

1.46 Miscellaneous Special Cases

These Regulations do not apply to the following dangerous goods:

• (a) ammoniating fertilizer solutions with an absolute pressure of ammonia less than or equal to 276 kPa at 41°C;

• (b) antimony oxides and antimony sulphides with 0.5 per cent or less arsenic by mass;

• (c) charcoal or carbons that are

• (i) non-activated carbon blacks of mineral origin,

• (ii) carbons made by a steam activation process, or

• (iii) activated or non-activated carbons that pass the self-heating test for carbon in section 33.3.1.3.3 of the Manual of Tests and Criteria;

• (d) cinnabar;

• (e) cyclohexanone peroxides with 70 per cent or more inert inorganic solid, by mass;

• (f) Di-4-chlorobenzoyl peroxide or p-chlorobenzoyl peroxide with 70 per cent or more inert inorganic solid, by mass;

• (g) 1,3-Di-(2-tert-butylperoxyisopropyl) benzene or 1,4-Di-(2-tert-butylperoxyisopropyl) benzene, or mixtures of both, 60 per cent or more, by mass, of which consists of an inert solid, if the substance is in a means of containment in a total quantity less than or equal to 200 kg;

• (h) dibenzoyl peroxide or benzoyl peroxide that is in a concentration less than 35.5 per cent, by mass, with finely ground starch, calcium sulphate dihydrate or dicalcium phosphate dihydrate, or that is in a concentration less than 30 per cent, by mass, with 70 per cent or more, by mass, inert solid;

• (i) dicumyl peroxide with 60 per cent or more inert inorganic solid, by mass;

(j) ferricyanides and ferrocyanides;

(k) fish-meal that is acidified and is wetted with 40 per cent or more water, by mass;

(l) mercurous chloride;

(m) sodium carbonate peroxyhydrate;

(n) sodium dichloroisocyanurate dihydrate;

(o) solvent extracted soya bean meal free of flammable solvent and containing 1.5 per cent or less oil, by mass, and 11 per cent or less moisture, by mass; or

(p) wood or wood products treated with wood preservatives.

1.47 Security on Board a Means of Transport

These Regulations, except for Part 6, Training, do not apply to the handling or transporting of ammunition, or ammunition loaded in a firearm, that is in the possession of a police officer who is on duty on board any means of transport.

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