PART 5

MEANS OF CONTAINMENT

TABLE OF CONTENTS

Definitions

Class 1, Explosives

Classes 3, 4, 5, 6.1, 8 and 9 Dangerous Goods

Class 6.2, Infectious Substances

Class 7, Radioactive Materials

MEANS OF CONTAINMENT

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:

5.1 Selecting and Using Means of Containment

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

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

(3) A person must not handle, offer for transport or transport dangerous goods in a means of containment that is required or permitted by this Part unless the means of containment is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of dangerous goods that could endanger public safety.

5.2 Requirements for a Standardized Means of Containment to Be in Standard

A standardized means of containment is in standard with a specific safety standard if it has displayed on it the certification safety marks required by the standard and

• (a) was in compliance with the requirements of the standard when each certification safety mark was first displayed; and

• (b) remains in compliance with the requirements of the standard that had to be complied with when each certification safety mark was first displayed.

5.3 Certification Safety Marks on a Means of Containment

Any mark required by a safety standard is a certification safety mark and must be visible and legible when it is displayed on a means of containment.

Under section 8 of the Act, a person must not sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it has displayed on it all the applicable prescribed safety marks.

5.4 Loading and Securing

A person must load and secure dangerous goods in a means of containment and must load and secure the means of containment on a means of transport in such a way as to prevent, under normal conditions of transport, damage to the means of containment or to the means of transport that could lead to an accidental release of the dangerous goods.

5.5 Filling Limits

(1) A person filling a means of containment with dangerous goods must not exceed the filling limit specified in a safety standard or safety requirement applicable to that means of containment.

(2) If the filling limit for a means of containment is not specified in a safety standard or safety requirement, the person filling the means of containment with dangerous goods

• (a) must not exceed the maximum quantity limit established by the manufacturer for the means of containment; and

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

5.6 UN Standardized Means of Containment

A means of containment is a UN standardized means of containment if it has displayed on it the applicable UN marks illustrated in Chapter 6.1, Chapter 6.3 and Chapter 6.5 of the UN Recommendations and SOR/2002-306

• (a) it is in compliance with

• (i) sections 2, 3, 4 and 7 of CGSB-43.125,

• (ii) sections 2 to 11 of CGSB-43.146, or SOR/2002-306

• (iii) sections 2 and 3 and Part I of CGSB-43.150; or

• (b) it was manufactured outside Canada in compliance with Chapter 6.1, 6.3 or 6.5 of the UN Recommendations and with the national regulations of the country of manufacture.

Class 1, Explosives

5.7 Compatibility Groups

(1) A person must not load or transport with other explosives in the same means of transport, except for a ship, explosives that have a compatibility group letter listed in column 1 of a row in the following table unless the compatibility group letter of the other explosives is listed in column 2 of the same row:

Table

(2) Despite subsection (1), detonators in compatibility group B may be loaded or transported in the same road vehicle with explosives in compatibility group D or N.

5.8 Means of Containment for Class 1, Explosives

A person must use a means of containment that is in standard with CGSB-43.151 to contain dangerous goods in transport that are included in Class 1, Explosives.

5.9 Net Explosives Quantity for Explosives

The total net explosives quantity of all explosives that are transported together in a means of transport must not exceed the lowest net explosives quantity shown in Schedule 1 or in Schedule 2 for road vehicles with or without an Explosives Vehicle Certificate (EVC) for any one of the explosives in that means of transport.

An Explosives Vehicle Certificate is issued by the Transport Dangerous Goods Directorate in accordance with the requirements for an Explosives Transportation Permit in the "Explosives Regulations".

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.

Class 2, Gases

5.10 Means of Containment for Class 2, Gases

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

• (a) for transport by road vehicle,

• (i) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a), SOR/2005-216

• (ii) CSA B622 and, despite any indication to the contrary in CSA B620, Appendix B of CSA B620, or SOR/2005-279

• (iii) if the means of containment is a type 5 or type 7 portable tank, the requirements of Section 13 of Volume I, General Introduction, of the IMDG Code, 29th Amendment; SOR/2002-306

• A type 5 and a type 7 portable tank are described in the IMDG Code, 29th Amendment. SOR/2002-306

• (b) for transport by railway vehicle,

• (i) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a), SOR/2005-216

• (ii) CGSB-43.147, or

• (iii) if the means of containment is a type 5 or type 7 portable tank, the requirements of Section 13 of Volume I, General Introduction, of the IMDG Code, 29th Amendment, and the requirements for the dynamic longitudinal impact test in section 7 of CGSB-43.147; SOR/2002-306

• A type 5 and a type 7 portable tank are described in the IMDG Code, 29th Amendment. SOR/2002-306

• (c) for transport by aircraft, CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a); SOR/2005-216

• (d) for transport by ship,

• (i) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a), SOR/2005-216

• (ii) CSA B622 and, despite any indication to the contrary in CSA B620, Appendices A and B of CSA B620,

• (iii) CGSB-43.147, or

• (iv) if the means of containment is a type 5 or type 7 portable tank, the requirements of Section 13 of Volume I, General Introduction, of the IMDG Code, 29th Amendment. SOR/2002-306

• A type 5 and a type 7 portable tank are described in the IMDG Code, 29th Amendment. SOR/2002-306

(2) In addition to complying with the requirements in subparagraphs (1)(a)(i) and (1)(b)(i), paragraph (1)(c) and subparagraph (1)(d)(i), a person who uses a means of containment that is a cylinder or tube to handle, offer for transport or transport dangerous goods included in Class 2, Gases, must use a cylinder or tube that was SOR/2002-306

• (a) manufactured in accordance with CSA B339;

• (b) in use in Canada before January 1, 1993, was authorized for continued use under sections 7.32 and 8.4.2 of the "Transportation of Dangerous Goods Regulations" in effect on January 1, 2001, and the conditions in those sections are complied with; or

• (c) manufactured before January 1, 1993 in accordance with a specification for cylinders set out in 49 CFR and has displayed on it requalification marks as required by CSA B339 or 49 CFR, except a cylinder manufactured in accordance with

• (i) 49 CFR specification DOT-3B, DOT-3BN, DOT-3E, DOT-4AA480, DOT-4B, DOT-4B240ET, DOT-4BA, DOT-4BW, DOT-4D, DOT-4E, DOT-4L, DOT-8 or DOT-8AL, or

• (ii) 49 CFR specification DOT-39, if the cylinder has a service pressure less than or equal to 6.2 MPa (900 psig).

  SOR/2002-306

(3) A person must not transport or fill in Canada a means of containment

• (a) in accordance with clause 6.4 of CSA B340, other than one referred to in subsection (2), unless it is being transported directly from a port of entry to the nearest location for filling or storage or is being transported directly from the filling or storage location back to the port of entry for export;

• (b) in accordance with clause 6.5 of CSA B340, unless it is a small means of containment; or

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

(4) An inspector referred to in CSA B339 who prepares a certificate of compliance and test report that is referred to in clause 4.18 of that standard must give a copy of the report to the manufacturer of the means of containment. The inspector and the manufacturer must each keep a copy of the report for 3 years for a means of containment that is a specification TC-39M cylinder and for 15 years for all other means of containment.

SOR/2005-216

A TC-39M cylinder is described in CSA B339.

(5) A person who prepares a report of requalification, repair, reheat treatment or rebuilding referred to in clause 24.7 of CSA B339 must give a copy of the report to the owner of the means of containment. The owner and the person who prepared the report must each keep a copy of the report for 10 years. If, during that 10 years, the owner of the means of containment transfers ownership to another person, the owner must give a copy of the report to that person.

(6) Repealed SOR/2005-216

5.11 Aerosol Containers for Class 2, Gases

(1) Despite section 5.10, a person may use an aerosol container to handle, offer for transport or transport a gas that is included in Class 2.1 or Class 2.2 if the internal pressure in the aerosol container at 55°C when filled for transport with the gas is within one of the pressure ranges listed in column 1 of the following table and the aerosol container is in compliance with the condition in column 2 that corresponds to the pressure range:

Table

(2) After a person fills an aerosol container and before it is placed in transport, the aerosol container must be tested by submersion in a hot bath so that the contents are heated to 55°C. If, when subjected to this test, the aerosol container leaks, becomes permanently deformed or displays any other defects, it must not be used to transport dangerous goods.

(3) The temperature referred to in subsection (2) may be reduced to 50°C if the aerosol container is no more than 95 per cent liquid full at 50°C.

(4) If a substance to be contained in an aerosol container deteriorates by heat at 55°C, the aerosol container may be tested by submersion in a hot bath so that the contents are heated to 20°C, rather than to the temperature referred to in subsection (2) or (3). In addition, the test in subsection (2) must be conducted on a sample from every production run of 2 000 or fewer aerosol containers.

(5) If a sample referred to in subsection (4) leaks, becomes permanently deformed or displays any other defect, the run of 2 000 or fewer aerosol containers from which the sample was taken must not be used to transport dangerous goods.

(6) For transport, each aerosol container must be equipped with a valve protection cap and must be tightly packed in a wood, fibreboard or plastic box. The gross mass of each box must be less than or equal to 30 kg.

(7) Despite subsections (1) to (6) and section 5.10, an aerosol container that is required by 49 CFR to be used to transport dangerous goods and that is filled with dangerous goods in the United States in accordance with 49 CFR may be transported in Canada.

Classes 3, 4, 5, 6.1, 8 and 9 Dangerous Goods

5.12 Small Means of Containment

Beginning on January 1, 2003, all small means of containment used to contain dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 must be UN standardized means of containment. For small means of containment manufactured or marked in Canada, this is achieved by compliance with CGSB-43.146 or CGSB-43.150. These are the Canadian standards for UN means of containment for dangerous goods in Class 3, 4, 5. 6.1, 8 or 9. Non-UN means of containment, such as TC or DOT specification drums made before 2003, may be converted to the UN standards if they meet the requirements in CGSB-43.150.

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a UN standardized means of containment selected and used in accordance with sections 2, 3, 12 and 13 of CGSB-43.146 or sections 2 and 3 and Part II of CGSB-43.150.

SOR/2002-306

(2) A person must not reuse a steel or plastic drum that has an internal volume greater than or equal to 150 L to handle, offer for transport or transport dangerous goods that are liquid and are included in Class 3, 4, 5, 6.1, 8 or 9 unless

• (a) for steel drums, the requirements for the reuse of steel drums in section 18 of CGSB-43.150 are complied with except that, when CGSB-43.126-94 is referred to in CGSB-43.150, CGSB-43.126 must be complied with; or

  SOR/2002-306

• (b) for plastic drums, beginning January 1, 2003, the requirements for reuse of plastic drums in Part II of CGSB-43.126 are complied with.

(3) A person may, before August 15, 2005, offer for transport or transport dangerous goods in a small means of containment required or permitted by the "Transportation of Dangerous Goods Regulations" in force on August 14, 2002 if the dangerous goods were placed in the small means of containment on or before August 14, 2002.

SOR/2003-273

5.13 Transitional Provision: Small Means of Containment

Despite section 5.12, until December 31, 2002, a person may handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment that is not a UN standardized means of containment except that a cylinder or tube must be in compliance with paragraph 5.10(2)(a), (b) or (c).

SOR/2002-306

5.14 Large Means of Containment

A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a large means of containment unless it is manufactured, selected and used in accordance with

• (a) for transport by road vehicle,

• (i) if the means of containment is a UN standardized means of containment, the requirements of sections 2, 3, 12 and 13 of CGSB-43.146,

  SOR/2002-306

• (ii) CSA B621 and, despite any indication to the contrary in CSA B620, Appendix B of CSA B620, SOR/2005-279

• (iii) if the means of containment is a type 1 or type 2 portable tank, the requirements of Section 13 of Volume I, General Introduction, of the IMDG Code, 29th Amendment, or

  SOR/2002-306

  A type 1 and a type 2 portable tank are described in the IMDG Code, 29th Amendment.

  SOR/2002-306

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

• An IM 101 and an IM 102 portable tank are described in 49 CFR.

• (b) for transport by railway vehicle,

• (i) if the means of containment is a UN standardized means of containment, the requirements of sections 2, 3, 12 and 13 of CGSB-43.146,

  SOR/2002-306

• (ii) CGSB-43.147,

• (iii) if the means of containment is a type 1 or type 2 portable tank, the requirements of Section 13 of Volume I, General Introduction, of the IMDG Code, 29th Amendment, and the requirements for the dynamic longitudinal impact test in section 7 of CGSB-43.147, or

  SOR/2002-306

  A type 1 and a type 2 portable tank are described in the IMDG Code, 29th Amendment.

  SOR/2002-306

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

  SOR/2002-306

  An IM 101 and an IM 102 portable tank are described in 49 CFR.

• (c) for transport by aircraft, Part 12, Air, of these Regulations; and

• (d) for transport by ship,

• (i) if the means of containment is a UN standardized means of containment, the requirements of sections 2, 3, 12 and 13 of CGSB-43.146,

  SOR/2002-306

• (ii) CGSB-43.147,

• (iii) CSA B621 and, despite any indication to the contrary in CSA B620, Appendix B of CSA B620,

  SOR/2005-279

• (iv) if the means of containment is a type 1 or type 2 portable tank, the requirements of Section 13 of Volume I, General Introduction, of the IMDG Code, 29th Amendment, or

  SOR/2002-306

  A type 1 and a type 2 portable tank are described in the IMDG Code, 29th Amendment.

  SOR/2002-306

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

• An IM 101 and an IM 102 portable tank are described in 49 CFR.

5.15 Transitional Provisions: Large Means of Containment

(1) Despite section 5.14, until December 31, 2002, a person may handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a large means of containment with a capacity less than or equal to 3 000 L if it was manufactured within one of the time periods listed in column 1 of Table 1 or 2 to this subsection and is in compliance with one of the corresponding requirements for the means of containment listed in column 2.

Table 1

Requirements for Large Means of Containment with a Capacity Less Than or Equal to 3 000 L and with a Rigid Outer Casing and a Plastic Inner Receptacle

Table 2

Requirements for Large Means of Containment with a Capacity Less Than or Equal to 3 000 L That Are Metallic, Rigid Plastic, Fibreboard, Wooden or Flexible

(2) Despite subsection 5.14, until December 31, 2002, a person may handle, offer for transport or transport dangerous goods in a large means of containment that is not a standardized means of containment if the dangerous goods contained in it

• (a) are included in Class 3 and Packing Group III;

• (b) have a flash point greater than 37.8°C; and

• (c) have no subsidiary class.

Class 6.2, Infectious Substances

5.16 Means of Containment for Class 6.2, Infectious Substances

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 6.2, Infectious Substances, in a means of containment unless the means of containment is listed for them in column 2, 3, 4 or 5 of the table to this section.

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

(3) Type 1A, Type 1B and Type 1C means of containment must be in compliance with CGSB-43.125.

Table

Means of Containment for Infectious Substances

Class 7, Radioactive Materials

5.17 Means of Containment for Class 7, Radioactive Materials

A person must not handle, offer for transport or transport dangerous goods included in Class 7, Radioactive Materials, in a means of containment unless the means of containment is in compliance with the "Packaging and Transport of Nuclear Substances Regulations".