PART 10

RAIL

TABLE OF CONTENTS

Definitions

RAIL

Definitions

Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:

According to the definition of "import", when dangerous goods being imported are being transported to a place in Canada, the person who imports the dangerous goods is the consignor. If the dangerous goods are being transported through Canada, each person who transports them in Canada (that is, each carrier) is the consignor while in possession of the dangerous goods.

10.1 Transporting Dangerous Goods from the United States into or through Canada

Consignments of dangerous goods that originate in the United States are subject to expert inspection by U.S. inspectors. These consignments can be transported in Canada under the requirements of 49 CFR. However, consignments that originate in Canada are not permitted under these Regulations to be transported in Canada under 49 CFR only, because these consignments are not subject to expert inspection by U.S. inspectors.

(1) Despite the requirements in Part 2, Classification, Part 3, Documentation and Part 4, Dangerous Goods Safety Marks, a person may handle or transport dangerous goods by railway vehicle from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada in accordance with the classification, marking, labelling, placarding and documentation requirements of 49 CFR if

• (a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes

• (i) when dangerous goods are transported to a place in Canada, the name and address of the place of business in Canada of the consignor,

• The consignor in this case is the consignee in Canada.

• (ii) when dangerous goods are transported from a place in the United States through Canada to a place outside Canada, the name and the address of the place of business of each consignor, except that in this case the name and address may be shown on a separate document attached to the shipping document and is required only while that person is the consignor,

• The consignor in this case is the carrier.

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

• (iv) in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and

• (b) the person complies with the following sections in Part 3, Documentation:

• (i) section 3.2, Carrier Responsibilities,

• (ii) section 3.8, Location of a Shipping Document and Consist: Rail, and

• (iii) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.

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

• (a) are forbidden for transport by these Regulations;

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

• (c) are transported under an exemption issued in accordance with Subpart B of Part 107 of Title 49 of the "Code of Federal Regulations" of the United States, 2000.

  SOR/2002-306

10.2 Transporting Dangerous Goods to or from an Aircraft, an Aerodrome or an Air Cargo Facility

(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, if transport has been or is to be by aircraft, a person may handle or transport dangerous goods by railway vehicle to or from an aircraft, an aerodrome or an air cargo facility in accordance with the classification, marking, labelling and documentation requirements of the ICAO Technical Instructions, if

• (a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and

• (b) the person complies with the following provisions in Part 3, Documentation:

• (i) section 3.2, Carrier Responsibilities,

• (ii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,

• (iii) section 3.8, Location of a Shipping Document and Consist: Rail, and

• (iv) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.

  SOR/2002-306

(2) Subsection (1) does not apply if these Regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the ICAO Technical Instructions but are regulated by these Regulations.

(3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility in a large means of containment, placards that correspond to the labels displayed on a means of containment in accordance with the ICAO Technical Instructions must be displayed on the large means of containment in accordance with Part 4, Dangerous Goods Safety Marks.

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10.3 Transporting Dangerous Goods to or from a Ship, a Port Facility or a Marine Terminal

(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, if transport has been or is to be by ship, a person may handle an international consignment of dangerous goods or transport it by railway vehicle to or from a ship, a port facility or a marine terminal in accordance with the classification, marking, labelling, placarding and documentation requirements of the IMDG Code if

• (a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and

• (b) the person complies with the following provisions in Part 3, Documentation:

• (i) section 3.2, Carrier Responsibilities,

• (ii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,

• (iii) section 3.8, Location of a Shipping Document and Consist: Rail, and

• (iv) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.

  SOR/2002-306

(2) Subsection (1) does not apply if these Regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the IMDG Code but are regulated by these Regulations.

(3) When dangerous goods are transported in a large means of containment to or from a ship, a port facility or a marine terminal, placards must be displayed on the large means of containment in accordance with Part 4, Dangerous Goods Safety Marks, or the IMDG Code.

10.4 Reshipping in Canada

(1) When a consignment of dangerous goods is transported from a place outside Canada to a place in Canada and is reshipped within Canada by railway vehicle, the dangerous goods safety marks displayed in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code at the time of entry into Canada may continue to be displayed, except that the large means of containment containing the dangerous goods must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.

(2) The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code, if they differ from the ones required to be displayed by Part 4, Dangerous Goods Safety Marks.

10.5 Transporting Highway Tanks by Rail

A person must not transport by railway vehicle a highway tank that contains dangerous goods.

10.6 Location of Placarded Railway Vehicles in a Train

A person must not, in a train, locate a railway vehicle that contains dangerous goods described in column 1 of the following table for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks, if the railway vehicle would be next to a railway vehicle described in the same row in column 2:

Table

10.7 Coupling of Railway Vehicles

(1) A person must not couple a railway vehicle with another railway vehicle at a relative coupling speed greater than 9.6 km/h (6 mph) if either of the railway vehicles that make contact on coupling contains dangerous goods for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks.

(2) Despite subsection (1), a person may couple a single railway vehicle moving under its own momentum at a relative coupling speed less than or equal to 12 km/h (7.5 mph) when the ambient temperature is above -25ºC.

(3) If a person couples a tank car that contains dangerous goods for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks, with another railway vehicle at a relative coupling speed greater than 9.6 km/h (6 mph) when the ambient temperature is at or below - 25ºC, or 12 km/h (7.5 mph) when the ambient temperature is above - 25ºC, the person must

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

• (b) report, in writing, to the owner of the tank car within 10 days after the coupling and include a copy of the text of this section and information about any damage that compromises the integrity of the underframe assembly or draft gear of the tank car discovered as a result of the inspection.

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

• (a) a stub sill inspection at a tank car facility; and

• (b) a visual inspection and a structural integrity inspection in accordance with paragraphs 25.5.6(a) and 25.5.7 of CGSB-43.147.

  SOR/2002-306