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Vol. 140, No. 39 — September 30, 2006 Regulations Amending the Transportation of Dangerous Goods RegulationsStatutory authority Transportation of Dangerous Goods Act, 1992 Sponsoring department Department of Transport REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992) and the Transportation of Dangerous Goods Regulations (TDG Regulations) are intended to promote public safety in the transportation of dangerous goods in Canada. The Regulations Amending the Transportation of Dangerous Goods Regulations clarify requirements, address safety issues, harmonize the TDG Regulations with changes to international recommendations and modal requirements, and continue to improve safety in the transportation of dangerous goods. Table of Safety Standard and Safety Requirements Documents, section 1.3, and definitions, Section 1.4 The amendments update references to the documents listed in the Table to section 1.3 and to the definitions in section 1.4 of the TDG Regulations to
Underwriters' Laboratories of Canada (ULC) standards for the manufacture, testing, marking and use of fire extinguishers are included in the Table to complement the exemption for fire extinguishers in section 1.47. The amendments also update the references in the Table to section 1.3 to the revised versions of National Standards of Canada CGSB-43.147 and CSA B339. The National Standard of Canada CGSB-43.147 deals with tank cars and multi-unit tank car tanks for transport of dangerous goods by rail. The new edition of this standard contains changes reflecting advances in technology and operational experience. Among the changes are more frequent requalification intervals for certain pressure relief valves in anhydrous ammonia service, new requalification requirements on tank cars equipped with internal lining, and requirements for registration with Transport Canada of facilities that requalify multi-unit tank car tanks (otherwise known as 'tonners') by visual inspection. The new edition prescribes conditions under which highway tanks and tube trailers may be transported by rail. Until now, transport of highway tanks by rail could only be done under a Permit for Equivalent Level of Safety. In addition, the new edition of the standard prohibits certain tank cars transporting refrigerated liquefied gases from being assembled into a train by allowing these cars to roll freely down an incline to be coupled ("free switching" or "humping"), exempts cars carrying molten sulphur and certain high-temperature dangerous goods from bottom discontinuity protection, and clarifies requirements for a successful leak test following field maintenance. The National Standard of Canada CSA B339 deals with cylinders, spheres and tubes for the transportation of dangerous goods. New clauses allow a bend test as an alternative to the flattening test for TC-3AXM and TC-3AAXM tubes. The bend test is shown to be an equivalent test to the flattening test. New definitions clarify the terms "reclaimed refrigerant gas," "recovered refrigerant gas" and "recycled refrigerant gas." Clause 24.2.5 is revised to allow a ten-year requalification period for containers used for reclaimed refrigerant gases, since the latter are considered non-corrosive. Clause 24.6.1.1 clarifies the marking requirements following requalification. Clause 24.7.1 clarifies the information to be shown on a requalification report. Most of the remaining changes are editorial in nature. In the Table to section 1.3 and in the definitions in section 1.4, those sections in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code and in 49 CFR that deal with security measures are not adopted in the TDG Regulations. Currently, the TDG Act, 1992 does not provide enabling authority to make regulations or to incorporate by reference documents respecting the security of dangerous goods. Sections 1.5 and 1.6 Sections 1.5 and 1.6 were re-structured to clarify the existing text. In the re-structuring, section 1.5 was changed to an "applicability" section that clarifies the applicability of the Regulations unless there are exemptions in sections 1.15 to 1.47 or in Schedule 1 or 2. Explosives Changes to the requirements for explosives are introduced to clarify the use of net explosives quantity and articles, to remove undue restrictions for users transporting explosives, and to enhance harmonization between Natural Resources Canada's (NRCan) Explosives Regulations and the TDG Regulations. Currently, quantities of explosives in the TDG Regulations are expressed in kilograms of Net Explosives Quantity (NEQ). However, some Class 1 dangerous goods contain very small amounts of very sensitive explosives. These do not fit well into the TDG Regulations based upon weight. For instance, 10 000 detonators or 100 boxes of detonators, which is a sizeable load, would have a NEQ of 10 kg. Therefore, quantities of explosives are now expressed either in kilograms NEQ or in number of articles. Changes to the placarding requirements are intended to increase the safety of first responders. Currently, placards for explosives are required when the total gross mass exceeds 500 kg or when the emergency response assistance plan index exceeds 75 kg NEQ. The Explosives Regulatory Division (ERD) of NRCan believes that if the load of Class 1 (excluding 1.4) exceeds 10 kg NEQ or 1 000 articles then a placard should be displayed. Consequently, modifications to sections 1.31 and 4.15 introduce placards for explosives in Classes 1.1, 1.2, 1.3 or 1.5 when the amount of explosives exceeds 10 kg NEQ or when the number of articles exceeds 1 000. The number of articles (1 000) is a compromise between practicality and risk. A net explosives quantity of 10 kg is less than the normal quantity in a case of commercial explosives (25 kg) and so most small loads of more than a case will require placards. Loads of less than a case are often much smaller than 10 kg NEQ. The ERD does not expect many examples of 9.9 kg NEQ without a placard. Section 1.15, 150 kg Gross Mass Exemption, removes a few explosives (cutters and signals for railway tracks) while adding several explosives used in shooting sports, signalling and pyrotechnics. Section 1.15 also exempts cartridges for rifles or pistols that have calibres below 12.7 mm and all cartridges for shotguns. Section 1.16, 500 kg Gross Mass Exemption, includes a few additional Class 1.4 explosives (signals, signal and power device cartridges, fireworks, flares). This is essentially for the users of explosives. Section 1.31, Class 1, Explosives, Exemption, no longer includes an exemption from Part 7, Emergency Response Assistance Plan and Part 8, Accidental Release and Imminent Accidental Release Reporting Requirements. Paragraph 3.5(1)(d) is revised to reflect the changes for explosives regarding the use of NEQ and number of articles when indicating the quantity of explosives on a shipping document. The italicized note following paragraph (d) is revised to enhance clarity through the examples provided. Since NRCan will abolish the Explosives Vehicle Certificate (EVC), all references to this certificate are repealed. A new section 9.5 retains the restriction for maximum net explosives quantity on a road vehicle. The letters B and S are added to the table in subsection 5.7(1) indicating which compatibility groups are allowed to be transported together in the same means of transport. The letters were omitted in the clear language version of the TDG Regulations. UN1005, anhydrous ammonia The primary class of anhydrous ammonia is being changed. It was first classified as a toxic gas, Class 2.3, in Canada in 1982, reclassified only in Canada as a corrosive gas, Class 2.4, in 1985, and is currently classified as a non-flammable, non-toxic gas, Class 2.2. It will once again be classified as a toxic gas, Class 2.3. This change in primary class is in response to Transportation Safety Board (TSB) recommendations that the Department of Transport review the primary class and safety marks for anhydrous ammonia following three derailments: near Britt, Ontario, on September 23, 1999; in Red Deer, Alberta, on February 2, 2001; and in Minot, North Dakota, on January 18, 2002. The current UN Recommendations classify anhydrous ammonia as a toxic gas, Class 2.3. The United States classifies anhydrous ammonia as non-flammable, non-toxic gas, Class 2.2, for domestic transportation and as a toxic gas, Class 2.3, for international transportation. One of the challenges in classifying anhydrous ammonia is remembering that we are also dealing with a fertilizer, a nutrient essential for the growth of crops. Classifying anhydrous ammonia as a toxic gas and displaying on field applicators a placard that depicts a skull and crossbones has the potential of presenting a negative image for a product that becomes inert when it is applied to the earth. Consequently, a new subsection 4.18(5) introduces a UN1005 placard that may be displayed on large means of containment. The new subsection 4.18(5) requires that
The large means of containment must also have displayed on it on at least two sides the words "Anhydrous Ammonia, Inhalation Hazard." Infectious substances Key changes affecting the transport of infectious substances include the move from classifying infectious substances into risk groups to classifying them into two categories and the clarification of instructions for packaging infectious substances. These changes harmonize the TDG Regulations with recent changes to the UN Recommendations and to the ICAO Technical Instructions. The criteria for classifying micro-organisms into four risk groups were originally developed by the World Health Organization. The criteria are based on the risks that micro-organisms pose in the laboratory environment and do not appropriately reflect the lesser risks they pose in transport. The risk group criteria are designed to establish containment levels for specimens in a laboratory that would protect employees who directly handle and manipulate specimens. The risk group criteria are still used in laboratories. The two new categories for transport are defined as follows: 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. Category B: Means an infectious substance that does not meet the criteria for inclusion in Category A. Category B infectious substances present less risk because they are not easily transmissible and basic precautions and hygienic practices serve to prevent infection in the event of an incident. The key to efficient control and minimization of risk during transport of infectious substances lies in the use of appropriate packaging. Appropriate packaging provides the necessary and sufficient barriers to prevent leakage of the substance from the package. Triple packaging, required for both Category A and Category B substances, comprises a leak-proof primary packaging which is packed in a leak-proof secondary packaging in such a way that it cannot break, be punctured or leak the contents into the secondary packaging. The leak-proof secondary packaging is secured in a strong outer packaging. Absorbent materials are placed between the primary packaging and the secondary packaging in a quantity sufficient to absorb the entire contents of the primary packaging. The use of triple packaging has over the years provided effective containment of infectious substances. The packaging requirements for Category A and Category B infectious substances are in the table to section 5.16. Type 1A means of containment is basically equivalent to packing instruction P620 in the UN Recommendations and to packing instruction PI602 in the ICAO Technical Instructions. Type1B means of containment is basically equivalent to packing instruction P650 in the UN Recommendations and to packing instruction PI650 in the ICAO Technical Instructions with the additional requirements in the new section 5.16.1. Changes affecting Category B infectious substances in section 1.39 reflect similar exemptions in the UN Recommendations and the ICAO Technical Instructions. The means of containment now requires the display on it of a mark, a shipping name and a 24-hour telephone number. Section 1.39 also requires compliance with Part 6, Training. Section 1.40, which provided an exemption for Risk Group 3 substances, is repealed. Sections 1.41 and 1.42 introduce additional words to be marked on the means of containment used to transport biological products or human or animal specimens believed not to contain infectious substances. In the case of human or animal specimens believed not to contain infectious substances, the marking reflects recent changes to the UN Recommendations and to the ICAO Technical Instructions. Sections 1.42.1 and 1.42.2 are added to deal with tissues or organs for transplant and blood or blood components exemptions and reflect recent changes to the UN Recommendations and to the ICAO Technical Instructions. Section 2.36 and Appendix 3 to Part 2, Classification, classifies infectious substances in the two new categories, A and B. Experts at the Public Health Agency of Canada and the Canadian Food Inspection Agency developed and revised Appendix 3. A new mark is introduced in the Appendix to Part 4, Dangerous Goods Safety Marks, for Category B infectious substances. This harmonizes the TDG Regulations with recent changes to the UN Recommendations and the ICAO Technical Instructions. Category B infectious substances are required to be in a Type 1B or Type 1C means of containment. Some infectious substances that were classified in Risk Group 2 under the old system, and that are now in Category B, were allowed to be contained in a means of containment designed, constructed, filled, closed, secured and maintained so that, under normal conditions of transport, including handling, there would be no accidental release of the dangerous goods that could endanger public safety. This type of general packaging remains an option for biological products, human or animal specimens believed not to contain infectious substances and blood or blood components. The new section 5.16.1 introduces additional packaging requirements for Type 1B means of containment, such as internal pressure and drop test, which harmonizes the TDG Regulations with recent changes to the UN Recommendations and to the ICAO Technical Instructions. Part 12, Air, is modified to account for the new definitions and exemptions associated with infectious substances. Schedule 2, Special provision 42 Special provision 42 is repealed. The exemption in section 1.16 can be applied to the gases that were exempted in special provision 42. Special provision 42 exempted five Class 2 gases, for example propane, from Part 3, Documentation, the placarding requirements in Part 4, Dangerous Goods Safety Marks, and Part 6, Training, under certain conditions. However, section 1.16 requires compliance with Part 6, Training, and requires the dangerous goods to be accompanied by a document (not necessarily a "shipping document") that includes the primary class of the dangerous goods and the number of means of containment for each class. Subsections 5.10(6) and 5.14(2) Subsections 5.10(6) and 5.14(2) are added to ensure that when dangerous goods are offered for transport in highway tanks or portable tanks, the tanks are
Therefore, a TC 406 or DOT 406 highway tank, for example, remains suitable for loading in Canada if it is manufactured before January 1, 2008. For tanks manufactured on or after January 1, 2008, only a TC tank manufactured to CSA B620 can be loaded in Canada. U.S. Regulations impose similar restrictions for Transport Canada (TC) approved tanks. In addition, a TC 406 or DOT 406 highway tank that is retested or inspected in Canada on or after January 1, 2008, can be loaded in Canada if that retest or inspection was carried out in conformance to CSA B620. A DOT 406 highway tank, if tested in the United States to CSA B620 or the DOT equivalent, can also be loaded in Canada on or after January 1, 2008. Paragraphs 5.10(6)(a) and 5.14(2)(a) do not restrict dangerous goods from being transported from the United States to a destination in Canada or from being unloaded at that destination in Canada when the dangerous goods are contained in tanks certified in accordance with the requirements of the U.S. Department of Transportation (U.S. DOT). In addition, paragraphs 5.10(6)(a) and 5.14(2)(a) do not restrict the use of tanks that are certified in accordance with the requirements of both Transport Canada and the U.S. DOT, nor do they restrict the manufacture in Canada for export of tanks certified by the U.S. DOT. Paragraphs 5.10(6)(b) and 5.14(2)(b) do not restrict dangerous goods from being transported from the United States to a destination in Canada or from being unloaded at that destination when the dangerous goods are contained in tanks that were tested or inspected in accordance with 49 CFR. They do not restrict the use of tanks certified to the U.S. DOT specification and manufactured before January 1, 2008, that were tested or inspected in accordance with the 49 CFR. Other notable changes Some existing definitions in section 1.4 are changed to clarify the text or to reflect changes: biological product, classification, consignment, gross mass, infectious substance, large means of containment, net explosives quantity, person, road vehicle and small means of containment. Some new definitions are added: capacity, which replaces "water capacity," Category A, Category B, culture, drum, farmer, farming, ROM container, Type 1A means of containment, Type 1B means of containment and Type 1C means of containment. Some definitions are deleted, including diagnostic specimen, risk group and water capacity. The exemptions in Part 1, from sections 1.15 to 1.47, have been re-written to indicate clearly which parts of the Regulations do not apply. Section 1.15 has changed from a personal exemption to a 150 kg gross mass exemption. The section addresses small quantities of dangerous goods that are available to the general public and that are transported by the purchaser. This applies whether or not the dangerous goods are for personal use, resale, commercial or industrial use. This exemption does not apply to all dangerous goods. New subsection 1.17(4) allows the use of the mark in the UN Recommendations for limited quantities, that is, a diamond-shaped mark with the UN number inside that mark of each of the dangerous goods in limited quantities contained in the means of containment. Subparagraph 1.18(a)(iii), which addressed the transport of medical cylinders for personal use, is deleted since these cylinders may be transported under the exemption in the revised section 1.15. New section 1.19.1 addresses samples of goods transported for the purposes of classifying, analyzing or testing. Samples that are used in demonstrations are addressed in the new section 1.19.2. These samples must be in the custody of an agent of the manufacturer or distributor, who is acting in the course of employment, must not be for sale and must not be transported in a passenger-carrying road or railway vehicle or ship other than a short-run ferry. A modified document no longer applies and Part 6, Training, Part 7, Emergency Response Assistance Plan and Part 8, Accidental Release and Imminent Accidental Release Report Requirements, will now apply. The farm vehicle agriculture exemption in section 1.21 now requires compliance with Part 7, Emergency Response Assistance Plan and Part 8, Accidental Release and Imminent Accidental Release Reporting Requirements. The retail agriculture exemption in section 1.22 requires compliance with Part 6, Training, Part 7, Emergency Response Assistance Plan and Part 8, Accidental Release and Imminent Accidental Release Reporting Requirements. Subsections 1.21(2) and 1.22(2) introduce the requirement to have a shipping document when an emergency response assistance plan is required. Section 1.27, regarding the operation of a means of transport or means of containment, is revised to provide more clarity to the exemption. The table in section 1.28 listing the authorities that must be advised of a transport of dangerous goods between two properties is replaced with simpler text regarding notifying the local police. The revised section 1.29, which provides an exemption for dangerous goods in an instrument or in equipment, requires compliance with Part 6, Training, Part 7, Emergency Response Assistance Plan and Part 8, Accidental Release and Imminent Accidental Release Reporting Requirements. Section 1.32.1 is added to deal with gases that may be identified as UN1075, liquefied petroleum gas. This new section includes the text of special provision 29 that is deleted from Schedule 2. Section 1.32.2 deals with gases that have an absolute pressure between 101.3 kPa and 280 kPa and establishes requirements for their transport as Class 2.2 gases. New section 1.34.1 introduces an exemption for up to 200 litres of gasoline when in a fuel tank permanently attached to a machine operated by fuel from that tank. Section 1.35, which provides an exemption for up to 2 000 litres of diesel fuel or gasoline, will not apply after December 31, 2007. Section 1.47 dealt with security on board a means of transport. This section now deals with an exemption for fire extinguishers. This exemption was included in the pre-clear language version of the TDG Regulations. Paragraph 2.18(1)(a) is revised to change the flash point for classifying flammable liquids from 60.5°C to 60°C. This revision harmonizes the TDG Regulations with recent changes to the UN Recommendations that were changed to harmonize with the GHS (Globally Harmonized System of Classification and Labelling of Chemicals) of the United Nations. Subparagraphs 2.43(iv) and (v), that dealt with Class 9, Miscellaneous Products, Substances or Organisms that are intended for disposal, and Appendices 4, Leachate Extraction: Substances and Concentrations, and 5, Environmentally Hazardous Substances Intended for Disposal are deleted. Environment Canada assumes responsibility for these products, as they are not dangerous goods by TDG definition. Subsection 4.8(2) is revised to require a minimum size for the UN numbers. This change responds to requests from stakeholders. The table to subsection 4.15(1) is revised primarily to enhance clarity of the text. However, paragraph (b) in column 3 of Item 1 in the table is revised to make a display of a UN number permissive if dangerous goods are in a quantity exceeding 4 000 kg and are offered for transport by one consignor. Subsection 4.15(4) is revised to reinstate the requirement to display the class number on placards for a subsidiary class. Subsections 4.18(1) and (2) are clarified to ensure that a gas placard is always displayed when gases are present. Subsection 4.18(3) is revised to require that an oxidizing gas placard is displayed when specific gases are transported. A new label is added to the Appendix to Part 4, Dangerous Goods Safety Marks, for fissile radioactive material. This addition harmonizes the TDG Regulations with recent changes to the International Atomic Energy Agency regulations. Section 7.1 clarifies the requirement for an Emergency Response Assistance Plan (ERAP). Subsection 7.1(2) deals with an accumulation of dangerous goods in ROM containers that have a capacity greater than 225 litres. Paragraph 7.1(4)(c) is revised to clarify that an ERAP is required for means of containment such as tube trailers. Subsection 7.1(5) is revised to clarify when a person may use another person's ERAP. Subsection 7.1(6) is added to clarify that the person who offers for transport or imports dangerous goods is responsible for emergency response assistance even when that person uses another person's ERAP. Subsection 7.1(7) is added to clarify that any dangerous goods that would require an ERAP when they are classified in accordance with the TDG Regulations require an ERAP when classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used. Subparagraphs 9.1(1)(a)(iii) and 10.1(1)(a)(iii) are changed to require on a shipping document related to dangerous goods coming from the United States, the classification in Schedule 1 or the UN Recommendations for dangerous goods that have a "D" assigned to them in column 1 of the table to section 172.101 of 49 CFR, other than a consumer commodity. In the TDG Regulations, the word "classification" is defined in Part 1 as shipping name, primary class, compatibility group, subsidiary class, UN number and packing group or category for infectious substances. In the current TDG Regulations, the shipping name is required. Paragraphs 9.1(2)(d) and 10.1(2)(d) are added and reflect a similar statement in 49 CFR. These new paragraphs exclude from reciprocity dangerous goods that are given safety mark or packaging exceptions in 49 CFR, but that are not permitted in the TDG Regulations. Subsections 9.2(3), 9.3(3), 10.2(3) and 10.3(3) are revised to provide a clearer text regarding the placarding requirements for dangerous goods being transported to or from an aircraft, an aerodrome, an air cargo facility, a ship, a port facility or a marine terminal by road or railway vehicle. Subsection 10.7(3) introduces a new table that addresses maximum coupling speeds between rail tank cars and other railway vehicles. The table differentiates between railway vehicles with a combined gross mass above 150 000 kg and railway vehicles at or below 150 000 kg. Maximum coupling speeds for railway vehicles at or below 150 000 kg have increased to 12.9 or 15.3 km per hour. The impact severity is less when coupling railway vehicles at or below 150 000 kg. Changes to Part 12, Air, clarify requirements and reflect changes to the ICAO Technical Instructions. Three sections have been added to Part 16, Inspectors, that deal with the issuance or review of detention notices, notifications of non-compliance and notifications not to import or to return to place of origin. Numerous changes to the Legend to Schedule 1 clarify the text or reflect changes to other parts of the TDG Regulations. In Schedule 2, Special Provisions, a number of special provisions related to explosives are deleted, changed or added to reflect the changes in other parts of the TDG Regulations. New special provision 82 requires an ERAP for a draft of 34 or more rail tank cars containing diesel fuel, gasoline or aviation fuel, whether the draft is included in a train or in a unit train. New special provision 84 lists the infectious substances that require an ERAP. New special provision 89 provides an exemption, until January 1, 2010, from subsection 5.12(1) for small means of containment that are welded metal tanks used to apply liquid tar to pavement, concrete or metallic structures. They must be fitted with appropriate application equipment and must be 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 the public. Alternatives The TDG program is committed to the principles that contribute to domestic, transborder and international harmonization in the regulatory requirements for the transportation of dangerous goods while providing the flexibility required for specific conditions in Canada and for particular needs of Canadian industry. The committees responsible for developing and maintaining the technical standards for the manufacture, selection and use of highway and portable tanks, cylinders and railway vehicles and other means of containment have a balanced representation of manufacturers, users, carriers and regulatory authorities. The committees consider safety issues, cost and practical alternatives, including different time periods for phasing-in requirements. These committees are aware of the north-south movement of dangerous goods and the need for compatibility with the U.S. Regulations. The committees are also aware of essential international transport of dangerous goods and trade with countries other than the United States. The establishment of divergent Canadian requirements could hinder the free flow of dangerous goods into and out of Canada and place restrictions on Canadian industry. The development of international recommendations and modal requirements is accomplished by UN committees or specialized agencies of the UN. Canada, as well as other national authorities and modal bodies, base regulatory requirements on the UN Recommendations. These groups are also aware of the need to harmonize international recommendations and modal requirements. The TDG Directorate heads the Canadian delegation to the UN Sub-committee of Experts on the Transport of Dangerous Goods, which is responsible for the UN Recommendations and the Manual of Tests and Criteria, and acts as technical advisor to the members on the ICAO Dangerous Goods Panel, which is responsible for the Technical Instructions, and the IMO's Sub-committee on Dangerous Goods, Solid Cargoes and Containers, which is responsible for the IMDG Code. In addition, the TDG Directorate heads the Canadian Delegation to the Joint Meeting of the European road and rail regulators. The amendments, for example, enhance harmonization between NRCan Explosives Regulations and TDG Regulations that could not be done differently as far as EVCs are concerned. On the issue of placards at lower quantities, an amount of 25 kg NEQ was considered. The evacuation distance for 25 kg in a suitcase bomb is given as 564 metres by the U.S. national forum that identifies, prioritizes and coordinates interagency and international research and development. The tables of distances from ERD of NRCan show vulnerable buildings are at risk 400 metres from the blast. Consequently, 25 kg NEQ was deemed too high from a safety point of view. These amendments enhance the functioning of the transportation of dangerous goods regulatory program. They reflect what has been considered to be the best alternative based on safety and economic grounds. For example, in the case of errors or undue restrictions in the TDG Regulations, there is no alternative but to modify the existing regulatory text. Consequently, no other alternatives were considered. Benefits and costs The amendments clarify requirements, address safety issues, continue to improve safety in the transportation of dangerous goods and harmonize the TDG Regulations with international recommendations and modal requirements and the U.S. dangerous goods regulations. Harmonization facilitates domestic, transborder and international movements of dangerous goods. In general, the amendments will not adversely affect the way consignors and carriers of dangerous goods do business. Most will conduct their activities as currently performed and will use the optional changes that may help them to increase efficiency. However, costs will be incurred as companies review their operations to determine if immediate adjustments are required, to what extent adjustments are required, and how best to implement the adjustments. The amendments are expected to enhance the functioning of the transportation of dangerous goods regulatory program. In the long run, the benefits to be realized are estimated to equal or exceed any associated costs. For example, retraining employees will represent an effort in time and money. For employees whose work is not altered by the amendments, no supplementary training is anticipated. Awareness material alone may be sufficient to inform employees of the changes. However, companies may have to use resources to determine whether or not employees require supplementary training. The complexity of a company's operation and the number of dangerous goods the company handles will affect the cost of this determination. For some industries, there will be a need to modify training programs or to revise training materials, to retrain trainers or to retrain key employees. This could require an investment in the tens of thousands of dollars per organization or industry sector. Retraining employees is expected to require a few hours at an estimated cost of $50 to $100 per person, depending on travel or overtime required, or what training aids may be needed. Two provinces estimate that the cost to retrain their inspectors will range from $10,000 to $20,000. The effort to retrain employees will be mitigated given that certificates of training must be renewed every three years. One third of these employees would, therefore, receive retraining within the first year of implementation of these amendments. This would not represent a new cost. Some companies even schedule regular training sessions on an annual basis. The following are some specific benefit and cost issues that were raised during consultation. The fertilizer industry agrees that the five-year (maximum) requalification period in the revised standard CGSB-43.147 is more appropriate for pressure relief valves that are subject to anhydrous ammonia use. A high number of releases involving anhydrous ammonia pressure relief valves and spring defects have been identified through accident reports. Recent facility visits show that a majority of tank car facilities have implemented the five-year (maximum) requalification practice. Changes in Class 1, Explosives, requiring placards on vehicles with much lower NEQ than before will represent a cost to the explosives industry. It will have a greater impact on the transporters of small quantities of explosives. The cost of a placard is approximately $3.35. Putting placards on a vehicle in Canada then costs close to $14 (four placards, one on each side). This is considered the minimum amount as different products might be transported, requiring different placards. If, for example, eight different placards are required then the cost would be 32 × $3.35 = $107.20 for a vehicle. Alternately, the cost of four flip-style metal placards would be between $117 and $189. However, most companies already display placards on their vehicles for lower quantities than 75 kg NEQ and many have responded that the cost of placards is negligible. The new section 9.5 restricting the maximum net explosives quantity on a road vehicle replaces the EVC. From a safety point of view, there is no change as the EVC was available for most vehicles. As of September 2004, there were some 1 500 active EVCs registered with TDG. As each one represents a $30 cost to the industry, the abolition of EVCs represents a saving to the industry of approximately $45,000 per year. The re-class of anhydrous ammonia to Class 2.3, toxic gas, will have an economic impact on shippers and users of anhydrous ammonia. For example, the Canadian Association of Agri-Retailers is expected to spend approximately $145,000 to update training materials, industry reference guides and other initiatives to educate over 6 600 persons on the new class and the new placard and marking requirements. This includes amending agri-retail and farmer anhydrous ammonia presentations, the emergency response training brochure and agri-retailer and farmer certificates of training as well as educating handlers on the new class and requirements. The manufacturing sector is also expected to commit significant resources to update materials and retrain emergency responders on the new requirements. There are approximately 12 000 nurse tanks in service that are used to transport anhydrous ammonia. Replacing placards and adding the words "Anhydrous Ammonia, Inhalation Hazard" on these tanks is expected to cost $516,000 to $600,000, based on each tank requiring two placards at $3 to $5 per tank and decals (to display the added words) at $40 to $45 per tank. The cost to replace placards will be reduced as a certain percentage of placards are regularly changed due to wear and tear. Removing the adhesive placards and old decals involves a heat gun, scraping, sandblasting and repainting damaged areas. This is estimated to cost $720,000 to $900,000 based on three hours of labour at $15 to $20 per hour and $15 for supplies. It is recognized that the cost to remove adhesive placards or old decals will be less because some companies apply new placards over existing placards or apply new decals (used to display the words "Anhydrous Ammonia, Inhalation Hazard") over existing wording on the tank. There are also approximately 1 200 trucks and highway trailers that transport anhydrous ammonia. They require four placards per vehicle. The replacement cost for the placards and the addition of the words "Anhydrous Ammonia, Inhalation Hazard" is estimated to be $7,500 to $12,500 for the placards and $48,000 to $54,000 for the new tank markings/decals. Again, the placard cost is expected to be less given that a certain percentage of the placards are regularly changed due to wear and tear. The labour cost to remove and replace adhesive placards and old decals is estimated to be $72,000 to $90,000. It is recognized, again, that the cost to remove the adhesive placards or old decals is less for those companies who apply new placards or new decals over existing placards or wording. Industry recommends that the replacement of placards and decals take place in concert with the five-year rigorous external inspection schedule for nurse and highway tanks. It is recognized that the major benefits will accrue to the first responders. There are approximately 5 000 cylinders that are used to transport anhydrous ammonia. Labels on these cylinders will also have to be replaced at an estimated cost of $11,150 to $21,550, based on $0.15 per label (a label that meets TDG and WHIMS requirements), five to ten minutes to scrape the old label off and reapply the new label, and a labour cost of $25 per hour. It is also recognized that the cost to remove the adhesive labels will be less for those companies who apply new labels over existing labels. The re-class of anhydrous ammonia to a toxic gas will also have an impact on companies involved in refrigeration. The exemption in section 1.16 does not apply to dangerous goods in Class 2.3. The cost to upgrade the training for persons employed by these companies is estimated to cost $47,000, based on 1 000 companies, an average of 2.5 persons to retrain, 30 minutes to retrain at $25 per hour, plus trainers costs. The stakeholders generally see the revisions introduced to the classification criteria for infectious substances that is moving from four risk groups to two categories as an improvement. These criteria are considered simpler and more sensible from a risk transportation perspective. The movement to unifying packaging, marking and labelling for surface and air transport is seen as a positive change. For the health community involved in the transport of infectious substances, the changes required for the training of personnel are not seen as having much impact monetarily. Due to the simplicity of the new system, the changes represent only a small portion of the training budget. The transportation costs and packaging costs depend very much on the substances handled by each organisation/laboratory. For some, exemptions such as the one in section 1.42 for human or animal specimens will constitute a benefit as there is no need for special packaging and no additional cost for courier services, since the substances are not regulated. For others, the additional requirements placed on the type 1B packaging, the labelling and courier transportation associated with Category B infectious substances would represent a cost. However, one provincial Society of Medical Laboratory Science believes that replacing the four risk groups with Category A and Category B will impact the exemption status for the majority of the former risk group 2 organisms and some risk group 3 organisms. This provincial society also believes that moving infectious specimens to Category B, UN3373, will identify them as dangerous goods and will require more shippers, receivers and carriers to be trained in accordance with the TDG Regulations. This may increase shipments being contracted at a greater cost to their laboratory system, with the potential to increase transportation costs by an order of magnitude. Furthermore, modifications to the type 1B packaging may have significant financial implications to their laboratory system. If a system-wide replacement of their means of containment were necessary, the cost could approximate $60,000. The rationale for requiring an ERAP for the Category A pathogens listed in Special Provision 84 is that these pathogens pose not only a high individual risk (i.e. person exposed to a spill) but also a high risk to the community (i.e. Canadian population). Spills involving these pathogens should be cleaned up by highly specialized ERAP teams who are not only trained in decontamination procedures but also in the Canadian Contingency Plan for Viral Hemorrhagic Fevers and Other Related Diseases. The ERAP lists provincial public health officers responsible for the management of persons potentially exposed to such pathogens. There is a critical delineation between the pathogens within Category A requiring or not requiring an ERAP. The pathogens requiring an ERAP are non-indigenous to Canada, our population is not immune to them, and our health care system is not "readily" prepared to deal with such emergencies. The consequences of an outbreak of such untreatable diseases in Canada would be severe. Category A pathogens not requiring an ERAP are pathogens that do not present the same kind of risk to the Canadian population as do the viral hemorrhagic fevers and are not part of the Canadian Contingency Plan. Proper handling of a spill and decontamination procedures are still required to protect exposed individuals, but invoking the Canadian Contingency Plan and including of the provincial public health authorities in the response is not required. Section 1.35 that offered an exemption for diesel fuel and gasoline up to 2 000 litres will no longer apply after December 31, 2007. Training, documentation and UN number requirements will apply. There is no reason to treat these dangerous goods differently when they are in an open vehicle than an enclosed vehicle. Some industries, for example construction and forestry, may experience an added cost to comply with training, documentation and UN number requirements. Subsections 5.10(6) and 5.14(2) are added to ensure that highway tanks or portable tanks used to transport dangerous goods in Canada are manufactured, tested and inspected in accordance with CSA B620, beginning January 1, 2008. Generally speaking, the costs to manufacture these tanks to TC or U.S. DOT specification do not vary significantly. The primary exception is that CSA B620 calls for a third-party design review for the manufacture of highway tanks that are pressure vessels. Design reviews vary in cost from $1,500 to $5,000 (less than 5% of the overall cost of a highway tank) depending on the size and complexity of the highway tank. These requirements will not impact all highway tanks, for example, tanks that transport hydrocarbons are not pressure vessels. Again, there are no significant differences between Canadian and U.S. test and inspection requirements. Registration of facilities with Transport Canada requires quality control manuals that are more comprehensive than ASME manuals demanded by U.S. DOT specifications. Some U.S. manufacturers and test facilities are currently registered with Transport Canada to manufacture and test highway tanks or portable tanks to the TC specifications. It is recognized that this change may increase the number of TC and U.S. DOT tanks that have dual certifications. Subsections 5.10(6) and 5.14(2) will treat U.S. DOT highway tanks or portable tanks in the same fashion that TC tanks are treated in the United States. There is also the need to ensure that U.S. manufacturers, test and inspection facilities are complying with Transport Canada specifications. For example, it is believed that design oversight provisions in Canadian tank specifications are better than those found in U.S specifications. Design errors have been discovered before manufacture that results in a better tank being built with less liability being assumed by the owner in the event of a tank failure. The deletion of Special Provision 42 and the application, instead, of the 500 kg gross mass exemption in section 1.16, will impact the propane industry across Canada. The industry believes the deletion presents a significant barrier to consumer transportation. Industry's prime concerns are related to the public's need to transport 50, 60 or 100 lb. cylinders to their cottages, hunting camps, farms, rural residences, and other locations for heating, cooking, refrigeration, etc. (These cylinders exceed the 30 kg gross mass per cylinder that is allowed in section 1.16.) The change will impact industry's current practices by adding paperwork since section 1.16 requires the dangerous goods to be accompanied by a document that includes the primary class of the dangerous goods and the number of means of containment for each class, increasing delivery costs, decreasing sales and increasing an economic risk to their retailers. They further believe that public safety will not be improved. The deletion of Special Provision 42 will also impact small welding shops across Canada. The present practice is to have one acetylene cylinder with 3–4 oxygen cylinders on board a road vehicle. This exceeds the gross mass permitted under the revised section 1.15 so that these small companies would then take advantage of the 500 kg gross mass exemption in section 1.16. However, section 1.16 requires training in addition to a document. It is estimated that the cost to train these welders would be a minimum of $140,000 based on 3 000 shops, an average of 2.5 people to train, 30 minutes of training at an estimated cost of $25 per hour. Persons who took advantage of Special Provision 42 will need to be trained and to carry a certificate of training and ensure that a document is present when transporting gas cylinders. The deletion of Special Provision 42 addresses safety concerns to the public transporting these cylinders to rural locations as well as concerns that first responders need to know what is being transported. Consultation Consultation included the identification of issues and concerns, and a major effort to obtain a wide consensus, involving groups and organizations responsible for public safety. Clarity and presentation of the text, costs and benefits, alternatives, enforcement policies and public safety initiatives were raised and discussed. The TDG Directorate participates in the development of consensus standards relating to the manufacture, selection and use of means of containment for the transportation of dangerous goods. The safety standards are prepared and published by the CSA and the CGSB and are incorporated by reference into the TDG Regulations. The committees developing these standards comprise a balance of businesses that manufacture, use, test or inspect means of containment for the transportation of dangerous goods. These amendments reflect the safety concerns raised as well as cost and alternatives discussed and adopted by these committees. The consensus process in standards development is, by its nature, one of consultation. In addition, the amendments have benefited from discussions and consultations with interested parties, including trucking firms and industry associations, explosives industry and Natural Resources Canada, the Transportation of Dangerous Goods General Policy Advisory Council, and the Federal-Provincial/Territorial TDG Task Force. Consultation before publication in the Canada Gazette, Part I, included three drafts of the amendments; the drafts were made available to stakeholders on Transport Canada's Web site and in hard copy if requested. There was also consultation with the U.S. Department of Transportation. In addition, representatives of the Directorate are head of the Canadian delegation or participate at international meetings such as the UN Committee and Sub-Committee of Experts on the Transport of Dangerous Goods, the International Maritime Organization, the International Civil Aviation Organization, the International Atomic Energy Agency and the North American Free Trade Agreement's Land Transportation Standards Sub-Committee. For example, consultation on Class 1 changes was first conducted internally within the TDG Directorate and within ERD of Natural Resources Canada. The revisions that followed were presented on May 28, 2004, to the Canadian Explosives Industry Association in Kelowna, British Columbia, and to the Transportation of Dangerous Goods General Policy Advisory Council meeting of June 10, 2004, along with other changes. The comments that followed contributed to the addition of some UN numbers in the exemptions to the TDG Regulations. The ERD of Natural Resources Canada and the TDG Directorate carefully reviewed them. The propane industry does not support the removal of Special Provision 42. Some 54 letters representing 49 companies expressing their concern about the deletion of this special provision were received from across Canada. Strategic environmental assessment In accordance with The 1999 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment (SEA) of the amendments was conducted in the form of a preliminary scan. The SEA concluded that the amendments are not likely to have important environmental implications. TDG Act, 1992 and security International dangerous goods programmes have provisions in them for security. The TDG Act, 1992 does not provide the authority to enable Canada to regulate the security of dangerous goods nor to incorporate documents respecting the security of dangerous goods by reference. Transport Canada has conducted public consultations with a view to address security within an amended TDG Act, 1992. The Department is currently preparing the Memorandum to Cabinet. Compliance and enforcement Compliance with the TDG Act, 1992 and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces that inspect all modes of transport and all consignors of dangerous goods. These inspectors ensure that the various safety standards and requirements of the TDG Act, 1992 and the TDG Regulations are complied with. For further information on the Regulatory Impact Analysis Statement, please contact Mr. Kim O'Grady, Chief, Evaluation Division, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, 613-990-1145 (telephone), ogradyk@tc.gc.ca (email). For further information on the amendments, please contact Ms. Linda Hume-Sastre, Director, Legislation and Regulations Branch, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, 613-998-0517 (telephone), 613-993-5925 (fax), humel@tc.gc.ca (email). Notice is hereby given, pursuant to subsection 30(1) of the Transportation of Dangerous Goods Act, 1992, (see footnote a) that the Governor in Council proposes, pursuant to section 27 of that Act, to make the annexed Regulations Amending the Transportation of Dangerous Goods Regulations. Interested persons may make representations concerning the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 75 days after the date of publication of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Linda Hume-Sastre, Director, Legislation and Regulations Branch, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, 613-998-0517 (telephone), 613-993-5925 (fax), humel@tc.gc.ca (email). Ottawa, September 21, 2006
MARY O'NEILL REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS AMENDMENTS 1. The Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is replaced by the following: TABLE OF CONTENTS
2. (1) Paragraph 1.3(2)(b) of the Regulations is replaced by the following:
(2) Paragraph 1.3(2)(d) of the Regulations is amended by striking out the word "and" at the end of subparagraph (ii), by adding the word "and" at the end of subparagraph (iii) and by adding the following after the italicized text after subparagraph (iii):
(3) Subsection 1.3(2) of the Regulations is amended by striking out the word "and" at the end of paragraph (e) and by replacing paragraph (f) and the italicized text after it with the following:
3. The Regulations are amended by adding the following after section 1.3: 1.3.1 Table of Safety Standards and Safety Requirement Documents 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
4. (1) The definitions "diagnostic specimen", "risk group" and "water capacity" in section 1.4 of the Regulations are repealed. (2) The italicized text after the definitions "consignment", "gross mass", "infectious substance" and "risk group" in section 1.4 of the Regulations is struck out. (3) The definitions "biological product", "49 CFR", "classification", "consignment", "gross mass", "infectious substance", "ICAO Technical Instructions", "IMDG Code", "large means of containment", "Manual of Tests and Criteria", "net explosives quantity", "person", "road vehicle", "small means of containment", "Supplement to the ICAO Technical Instructions" and "UN Recommendations" in section 1.4 of the Regulations are replaced by the following:
(4) The italicized text after paragraph (b) of the definition of "class" in section 1.4 of the Regulations is replaced by the following: For example, Class 6.1 is division 1 of Class 6. Not all classes have divisions. Note that for explosives, as required in section 3.5, the compatibility letter must be next to the primary class number such as Class 1.1A or Class 1.4S. (5) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:
5. The first paragraph of italicized text after the heading "General Provisions" before section 1.5 of the Regulations is replaced by the following: Subsection 1.5.1(2) and section 1.6 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. 6. Sections 1.5 and 1.6 of the Regulations and any italicized text are replaced by the following: 1.5 Applicability of the Regulations Unless otherwise stated in sections 1.15 to 1.47 of this Part or in Schedule 1 or 2, dangerous goods must be handled, offered for transport or transported in accordance with these Regulations. 1.5.1 Schedule 2: Special Provisions (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. 1.5.2 Schedule 1 and Schedule 3: Forbidden Dangerous Goods (1) When 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) 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. 1.6 Schedule 1: Quantity Limits in Columns 8 and 9 (1) When there is a number shown in column 8 of Schedule 1, that number is a quantity limit for the corresponding dangerous goods in column 2 and a person must not load dangerous goods that exceed the quantity limit in that column onto a passenger carrying ship or offer for transport or transport the dangerous goods on a road vehicle or a railway vehicle on board a passenger carrying ship. Dangerous goods exceed the quantity limit if
(2) When there is a number shown in column 9 of Schedule 1, that number is a quantity limit for the corresponding dangerous goods in column 2 and 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 in that column. Dangerous goods exceed the quantity limit if
(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. 7. The italicized text after the heading "Special Cases" before section 1.15 of the Regulations is replaced by the following: A number of the following sections provide exemptions for dangerous goods based on the gross mass of the dangerous goods. Where appropriate, the text ensures that the exemption applies to the total of the gross masses of all of the dangerous goods on the means of transport. This means that a person who takes advantage of section 1.15 to transport 150 kg gross mass of dangerous goods on a road vehicle could not also claim the 500 kg gross mass exemption in section 1.16 when adding an additional 450 kg gross mass of dangerous goods (whether or not they are the same dangerous goods) on the same road vehicle. Indeed, were the 450 kg gross mass added, none of the resulting 600 kg gross mass could be claimed under either the personal exemption or the 500 kg gross mass exemption. Similarly, a person who claims an exemption under section 1.16 to transport a gross mass of 300 kg of flammable liquids on a road vehicle cannot, when adding an additional gross mass of 350 kg of corrosives, claim any of the resulting 650 kg gross mass as exempted under section 1.15 or 1.16. 8. Sections 1.15 to 1.17 of the Regulations and any italicized text are replaced by the following: 1.15 150 kg Gross Mass Exemption (1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle or a ship on a domestic voyage if
(2) Subsection (1) does not apply to dangerous goods that
1.16 500 kg Gross Mass Exemption (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 ship on a domestic voyage if
For example, Class 3, number of means of containment, 10 Class 8, number of means of containment, 12 (2) Subsection (1) does not apply to dangerous goods that
1.17 Limited Quantities (1) A quantity of dangerous goods, other than explosives, is a limited quantity if
(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 (Accidental Release and Imminent Accidental Release Report 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 ship on a domestic voyage if
(3) When a limited quantity is in a ROM container that is inside another means of containment, the ROM container is not required to be marked if
(4) Instead of the marking required in paragraphs (2)(a) and (3)(c), the means of containment may have displayed on it the UN number of the limited quantities preceded by the letters "UN" placed within a diamond-shaped mark. The line forming the diamond-shaped mark must be at least 2 mm wide and the UN numbers and letters must be at least 6 mm high. If the limited quantities have different UN numbers, then the mark must be large enough to include each UN number but in any case each side must not be less than 50 mm. (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,
9. Subparagraph 1.18(a)(iii) of the Regulations is repealed. 10. Section 1.19 of the Regulations is replaced by the following: 1.19 Samples Inspection or Investigation Exemption 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
1.19.1 Samples Classifying, Analysing or Testing Exemption Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training) and Part 7 (Emergency Response Assistance Plan) do not apply to samples of goods that the consignor reasonably believes to be dangerous goods, but the classification or the exact chemical composition of the goods is unknown and cannot be readily determined if
1.19.2 Samples Demonstration Exemption Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, do not apply to samples of dangerous goods if
11. Sections 1.21 and 1.22 of the Regulations are replaced by the following: 1.21 Agriculture: 1 500 kg Gross Mass Farm Vehicle Exemption (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
(2) Despite the exemption from Part 3, Documentation, in subsection (1), when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, the dangerous goods for which an ERAP is required must be accompanied by a shipping document. 1.22 Agriculture: 3 000 kg Gross Mass Retail Exemption (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 if
(2) Despite the exemption from Part 3, Documentation, in subsection (1), when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, the dangerous goods for which an ERAP is required must be accompanied by a shipping document. 12. Subparagraph 1.23(1)(b)(i) of the Regulations is replaced by the following:
13. Section 1.24 of the Regulations is replaced by the following: 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
14. Section 1.27 of the Regulations and the italicized text after it are replaced by the following: 1.27 Operation of a Means of Transport or a Means of Containment Exemption (1) These Regulations do not apply to dangerous goods on a means of transport that are required
(2) The exemption in subsection (1) does not apply
15. (1) The portion of section 1.28 of the Regulations after the title and before paragraph (a) is replaced by the following: 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 (2) Subparagraph 1.28(b)(i) of the Regulations is replaced by the following:
(3) Paragraphs 1.28(c) and (d) of the Regulations are replaced by the following:
16. Section 1.29 of the Regulations is replaced by the following: 1.29 Dangerous Goods in an Instrument or in Equipment Exemption 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 that are in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if
17. The title to section 1.30 of the Regulations is replaced by the following: 1.30 Marine: Short-run Ferry Exemption 18. Sections 1.31 and 1.32 of the Regulations and any italicized text are replaced by the following: 1.31 Class 1, Explosives Exemption 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
1.32 Class 2, Gases, in Refrigerating Machines Exemption 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 (Accidental Release and Imminent Accidental Release Report Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to UN2857, REFRIGERATING MACHINES, and refrigerating machine components, containing Class 2.2, Non-flammable, Non-toxic gases or UN2672, AMMONIA SOLUTIONS, if the quantity of gas has a mass that is less than or equal to 12 kg and the quantity of ammonia solutions is less than or equal to 12 L. Refrigerating machines include air conditioning units and machines or other appliances designed for the specific purpose of keeping food or other items at a low temperature in an internal compartment. 1.32.1 Class 2, Gases, that may be Identified as UN1075, LIQUEFIED PETROLEUM GAS (1) The following dangerous goods may be identified by the UN number UN1075 and the shipping name LIQUEFIED PETROLEUM GAS 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 GAS. (3) If either UN1077, PROPYLENE or UN1978, PROPANE is to be transported on a road or railway vehicle on board a ship and is identified as LIQUEFIED PETROLEUM GAS 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 GAS. 1.32.2 Class 2, Gases: Absolute Pressure between 101.3 kPa and 280 kPa Gases that have an absolute pressure between 101.3 kPa and 280 kPa may be transported on a road vehicle, a railway vehicle or a ship on a domestic voyage as Class 2.2, Non-flammable, Non-toxic gas. In this case, the requirements of these Regulations that relate to Class 2.2, Gases must be complied with. 19. (1) The portion of section 1.33 of the Regulations after the title and before paragraph (a) is replaced by the following: 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 ship on a domestic voyage, if the dangerous goods (2) Paragraph 1.33(c) of the Regulations is replaced by the following:
20. Section 1.34 of the Regulations is replaced by the following: 1.34 Class 3, Flammable Liquids: Flash Point Greater Than 60°C but Less Than or Equal to 93°C 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, 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°C must be complied with. 1.34.1 UN1203, GASOLINE to Operate an Instrument or Equipment Exemption 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 UN1203, GASOLINE, that is in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the dangerous goods are in a fuel tank with a capacity less than or equal to 200 L that is permanently attached to a machine operated by fuel from that tank. 21. The portion of section 1.35 of the Regulations after the title and before paragraph (a) is replaced by the following: Until December 31, 2007, 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 22. Sections 1.36 and 1.37 of the Regulations are replaced by the following: 1.36 Class 3, Flammable Liquids: Alcoholic Beverage and Aqueous Solution of Alcohol Exemption 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 (Accidental Release and Imminent Accidental Release Report 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 ship on a domestic voyage of
23. The portion of section 1.38 of the Regulations after the title and before paragraph (a) is replaced by the following: 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 (Accidental Release and Imminent Accidental Release Report 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 C, D, E, or F that does not require temperature control if 24. Sections 1.39 to 1.43 of the Regulations are replaced by the following: 1.39 Class 6.2, Infectious Substances, Category B Exemption Part 3, Documentation, and Part 7, Emergency Response Assistance Plan, do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle, an aircraft operated in accordance with subsection 12.7(2) of Part 12, Air, or a ship on a domestic voyage of infectious substances that are included in Category B if
1.41 Biological Products Exemption 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 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle, an aircraft operated in accordance with subsection 12.7(2) of Part 12, Air, or a ship on a domestic voyage of biological products if they
1.42 Human or Animal Specimens Believed Not to Contain Infectious Substances Exemption (1) 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 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle, an aircraft operated in accordance with subsection 12.7(2) of Part 12, Air, or a ship on a domestic voyage of human or animal specimens that a person has no reason to believe contain infectious substances. Professional judgment is required to determine if a specimen is exempt under this section. Factors such as the known medical history, symptoms and individual circumstances of the source, human or animal, and endemic local conditions should be considered. Examples of specimens that may be transported under this section include
(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
1.42.1 Tissues or Organs for Transplant Exemption These Regulations do not apply to the handling, offering for transport or transporting of tissues or organs for transplant. 1.42.2 Blood or Blood Components Exemption (1) 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 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle, an aircraft operated in accordance with subsection 12.7(2) of Part 12, Air, or a ship on a domestic voyage 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
1.43 Class 7, Radioactive Materials 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), Part 10 (Rail), Part 11 (Marine) and Part 12 (Air) do not apply to the handling, offering for transport or transporting of Class 7, Radioactive Materials, if the radioactive materials
25. The title of section 1.44 of the French version of the Regulations is replaced by the following: 1.44 Marchandises dangereuses dans un fût 26. (1) The portion of section 1.44 of the Regulations after the title and before paragraph (a) is replaced by the following: 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 ship 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 (2) Paragraph 1.44(d) of the Regulations is replaced by the following:
27. The Regulations are amended by adding the following after section 1.45: 1.45.1 Marine Pollutants 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, and that do not meet the criteria for inclusion in any other class, if they are transported 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. 28. Paragraph 1.46(m) of the Regulations is repealed. 29. Section 1.47 of the Regulations is replaced by the following: 1.47 UN1044, FIRE EXTINGUISHERS: Exemption Paragraphs 5.10(1)(a) and (b) and Subsection 5.10(2) of Part 5, Means of Containment, do not apply to the handling, offering for transport or transporting of UN1044, FIRE EXTINGUISHERS on a road vehicle, a railway vehicle or a ship on a domestic voyage if the fire extinguishers
30. (1) Appendices 4 and 5 of the Table of Contents of Part 2 of the Regulations are repealed. (2) Section 2.36 of the Table of Contents of Part 2 of the Regulations is replaced by the following: Infectious Substances ......................................................... 2.36 31. (1) The item "risk group" in the italicized text after the heading "Definitions" in Part 2 of the Regulations is struck out. (2) The italicized list after the heading "Definitions" in Part 2 of the Regulations is amended by adding the following in alphabetical order: Category A Category B culture 32. The italicized text after subsection 2.2(6) of the Regulations is replaced by the following: When reading sections 2.3 to 2.6, it is useful to remember that the word "classification" is defined in Part 1 and includes, as applicable, the shipping name, primary class, compatibility group, subsidiary class, UN number, packing group and category of infectious substance. 33. (1) Paragraph 2.5(c) of the English version of the Regulations is replaced by the following:
(2) Section 2.5 of the Regulations is amended by adding the following after paragraph (d): When applying sections 2.4 and 2.5, the descriptive text written in lower case letters following a shipping name must be used in determining the shipping name that most precisely describes the dangerous goods. 34. Paragraph 2.18(1)(a) of the Regulations and any italicized text is replaced by the following:
35. Sections 2.36 and 2.37 of the Regulations and any italicized text are replaced by the following: 2.36 Infectious Substances Assistance for classifying infectious substances may be obtained from the Director, Office of Laboratory Security, Public Health Agency of Canada, or from the Director, Biohazard Containment and Safety, Canadian Food Inspection Agency. (1) Infectious substances are included in Class 6.2 and Category A or Category B, as appropriate. (2) Infectious substances that are included in Category A and that are in a form other than a culture may be handled, offered for transport or transported in accordance with the requirements for infectious substances included in Category B in section 1.39 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases. (3) Despite subsection (2), the following infectious substances included in Category A must always be handled, offered for transport and transported as Category A:
Class 7, Radioactive Materials 2.37 General Substances defined as Class 7, Radioactive Materials in the Packaging and Transport of Nuclear Substances Regulations are included in Class 7, Radioactive Materials. In these Regulations, the words "Class 7, Radioactive Materials" are used rather than the words that are used in the schedule to the Act, "Class 7, Nuclear Substances, within the meaning of the Nuclear Safety and Control Act, that are radioactive" so that the Regulations are more easily read in conjunction with international documents incorporated by reference in them. 36. (1) Subparagraph 2.43(b)(ii) of the Regulations is replaced by the following:
(2) Subparagraph 2.43(b)(iv) of the Regulations is repealed. (3) The italicized text after subparagraph 2.43(b)(iv) of the Regulations is struck out. (4) Subparagraph 2.43(b)(v) of the Regulations is repealed. (5) The italicized text after subparagraph 2.43(b)(v) of the Regulations is struck out. 37. Appendices 2 to 5 to Part 2 of the Regulations and any italicized text are replaced by the following: APPENDIX 2 DESCRIPTION OF COMPATIBILITY GROUPS CLASS 1, EXPLOSIVES
APPENDIX 3 GUIDE TO CATEGORY A AND CATEGORY B ASSIGNMENT 1. If the symbol "@" appears beside an infectious substance listed in one of the following categories, that infectious substance affects animals only. The UN number and shipping name are UN2900, INFECTIOUS SUBSTANCE, AFFECTING ANIMALS. 2. If there is no symbol "@", the infectious substance affects humans or animals. The UN Number and shipping name are UN2814, INFECTIOUS SUBSTANCE, AFFECTING HUMANS. The item column gives sequential item numbers for the entries in this Appendix. Beside the item number is the corresponding item number, in parentheses, in the French-language appendix. The lists in this appendix are not exhaustive or complete and are provided for guidance to those who must classify infectious substances. If there is any doubt as to whether or not a substance is infectious or as to the category in which it must be assigned, assistance may be obtained from the Director, Office of Laboratory Security, Public Health Agency of Canada, or from the Director, Biohazard Containment and Safety, Canadian Food Inspection Agency. As a reminder, the substances with an asterisk "*" against them in column 3 of the Category A list require an Emergency Response Assistance Plan (see special provision 84). UN2814, Category A — Virus and Bacteria Virus
Bacteria
UN2900, Category A — Virus and Bacteria Virus
Bacteria
UN3373, Category B — Virus, Bacteria and Fungi Virus
Bacteria
Fungi
38. The term "risk group" in the italicized text after the heading "Definitions" in Part 3 of the Regulations is struck out. 39. Subsection 3.2(4) of the Regulations is replaced by the following: (4) While the dangerous goods are in transport and in the possession of a carrier, the carrier must keep a copy of the shipping document in the location set out in sections 3.7 to 3.10. 40. (1) Subparagraph 3.5(1)(c)(iv) is replaced by the following:
(2) Subparagraph 3.5(1)(c)(vi) and (vii) are replaced by the following:
(3) In the italicized text after paragraph 3.5(1)(c) of the Regulations, "INFECTIOUS SUBSTANCE, AFFECTING HUMANS, Class 6.2, UN2814, 3" and "INFECTIOUS SUBSTANCE, AFFECTING HUMANS, Class 6.2, UN2814, RG 3" are struck out. (4) Paragraphs 3.5(1)(d) and (e) of the Regulations and any italicized text are replaced by the following:
(5) Subsection 3.5(6) of the Regulations is repealed. 41. The portion of paragraph 3.6(3)(a) of the Regulations before subparagraph (i) is replaced by the following:
42. Subsection 3.9(2) of the Regulations is replaced by the following: (2) If dangerous goods are transported by ship on board a road vehicle that is accompanied by one or more drivers or a railway vehicle that is accompanied by one or more members of the train crew, a driver or a member of the train crew must notify the master of the ship or the marine carrier of the presence of the dangerous goods and make available to the master a copy of the shipping document. However, the shipping document must be kept, for the road vehicle, in accordance with section 3.7 and, for the railway vehicle, in the possession of a member of the train crew. 43. (1) Paragraph 3.11(1)(b) of the Regulations is replaced by the following:
(2) The portion of subsection 3.11(3) of the Regulations before paragraph (a) is replaced by the following: (3) Subsection (2) does not apply to a carrier who transported dangerous goods 44. Section 4.14 of the Table of Contents to Part 4 of the Regulations is replaced by the following: Class 7, Radioactive Material ..............................................4.14 45. Paragraph 4.4(1)(b) of the Regulations is replaced by the following:
46. Subsection 4.5(2) of the Regulations is replaced by the following: (2) When the DANGER placard is required or permitted to be displayed on a large means of containment and the quantity of dangerous goods to which the placard applies decreases, the carrier may continue to display the DANGER placard for those remaining dangerous goods, in place of any other placard, until a placard is no longer required by this Part to be displayed on the large means of containment for those dangerous goods. 47. Subsection 4.7(5) of the Regulations is replaced by the following: (5) If a large means of containment contains dangerous goods included in Class 7, Radioactive Materials, and a Class 7 placard is required to be displayed in accordance with this Part, the means of containment must have displayed on it the Class 7 placard required or the appropriate optional Class 7 placard illustrated in the appendix to this Part. 48. The portion of subsection 4.8(2) of the Regulations before paragraph (a) is replaced by the following: (2) A UN number that is required by this Part to be displayed on a large means of containment must be displayed in black numerals not less than 65 mm high in one of the following ways: 49. Subsections 4.9(1) and (2) of the Regulations are replaced by the following: A dangerous goods safety mark must remain displayed on a means of containment until the dangerous goods safety mark is no longer required to be displayed by this Part. 50. Subsection 4.11(1) of the Regulations is replaced by the following: (1) When dangerous goods in transport are in a small means of containment on which a primary class label for the dangerous goods must be displayed, the shipping name of the dangerous goods must be displayed next to the primary class label. 51. Section 4.14 of the Regulations is replaced by the following: 4.14 Class 7, Radioactive Material (1) For dangerous goods included in Class 7, Radioactive Material, the label or placard required to be displayed by this Part must be determined in accordance with the "Packaging and Transport of Nuclear Substances Regulations". (2) For dangerous goods included in Class 7, Radioactive Material, the following information must be determined in accordance with the "Packaging and Transport of Nuclear Substances Regulations", and must be displayed on the primary class label for the dangerous goods:
52. (1) Subsections 4.15(1) to (3) of the Regulations and any italicized text are replaced by the following: (1) A placard and UN number must be displayed in accordance with the following table on a large means of containment, other than a ship or an aircraft, if the dangerous goods
TABLE
(2) If the dangerous goods are in a large means of containment and a placard is required to be displayed but that placard is not visible from outside the large means of containment, the placard must also be displayed on the large means of containment. (3) The placard must be displayed on each side and each end of a large means of containment except that the placard may be displayed on
The trailer unit of a truck includes a tank. (4) A placard must be displayed on each side and each end of a large means of containment for dangerous goods for which an emergency response assistance plan is required and that have a subsidiary class of
This change is intended to remove the requirement not to have a class number in the bottom corner of the placard for the subsidiary class, which aligns the Regulations with international requirements and with 49 CFR. 53. (1) Paragraph 4.17(1)(a) of the Regulations is replaced by the following:
(2) Subsection 4.17(1) of the Regulations is amended by adding the following after paragraph (b): UN0301 requires an emergency response assistance plan. 54. (1) Subsections 4.18(1) and (2) of the Regulations are replaced by the following: (1) When gases that are included in more than one division of Class 2, Gases, are transported together on the same road vehicle and the primary class placards required to be displayed by section 4.15 are replaced by the DANGER placard, the primary class placard of the most dangerous gas according to the following decreasing order of danger must also be displayed:
(2) In addition to the requirements in subsection (1),
(2) The portion of subsection 4.18(3) of the Regulations before paragraph (a) is replaced by the following: (3) When placards are required to be displayed for any one of the following dangerous goods in accordance with subsection (1) or section 4.15, the oxidizing gas placard illustrated in the appendix to this Part must be displayed instead of the placard required for Class 2.2, Non-flammable, Non-toxic gases: (3) Section 4.18 of the Regulations is amended by adding the following after subsection (4): (5) When UN1005, ANHYDROUS AMMONIA, is contained in a large means of containment, the large means of containment must have displayed on it
55. Paragraph 4.19(1)(b) of the Regulations is replaced by the following:
56. The Appendix to Part 4 of the Regulations is amended by adding the following after the text after the subheading "Class 2.3, Toxic Gases":
Label and Placard for UN1005, ANHYDROUS AMMONIA
57. The Appendix to Part 4 of the Regulations is amended by adding the following after the text after the subheading "Category III — Yellow" after the subheading "Class 7, Radioactive Materials":
Label
58. The description of "Size" after the subheading "MARINE POLLUTANT MARK" after the heading "MARKS" in the Appendix to Part 4 of the Regulations is replaced by the following:
59. The Appendix to Part 4 of the Regulations is amended by adding the following after the text after the subheading "MARINE POLLUTANT MARK" after the heading "MARKS": CATEGORY B MARK
60. (1) Section 5.9 of the Table of Contents of Part 5 of the Regulations is repealed. (2) Section 5.15 of the Table of Contents of Part 5 of the Regulations is repealed. (3) The Table of Contents of Part 5 of the Regulations is amended by adding the following after section 5.1: ROM Container ...................................................... 5.1.1 (4) The Table of Contents of Part 5 of the Regulations is amended by adding the following after section 5.16:
61. (1) The italicized terms "diagnostic specimen", "risk group" and "water capacity" in the italicized text after the heading "Definitions" in Part 5 of the Regulations are struck out. (2) The italicized list after the heading "Definitions" in Part 5 of the Regulations is amended by adding the following in alphabetical order: capacity Category A Category B culture Type 1A means of containment Type 1B means of containment Type 1C means of containment 62. Subsection 5.1(3) of the Regulations is replaced by the following: (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 the dangerous goods that could endanger public safety. 5.1.1 ROM Container A means of containment containing a quantity of dangerous goods intended for transport is a ROM container if
With reference to paragraph (b), the contents of a means of containment could consist of dangerous goods by themselves or could consist of dangerous goods in one or more means of containment that could be transported in compliance with the Act and these Regulations. For example, a number of large means of containment in a boxcar or a number of boxes in the trailer portion of a truck. In the case of a standardized means of containment, such as a combination packaging, the ROM container would normally be the outermost container. The usefulness of this section is in its application to non-standardized means of containment. It is helpful to be able to identify, for a quantity of dangerous goods contained in several distinct means of containment that can be transported in compliance with the Act and Regulations, all ROM containers associated with that quantity of dangerous goods. To do so, begin with any portion of the dangerous goods in direct contact with one means of containment. If that one means of containment is a ROM container, set it aside together with all the dangerous goods it contains. If that one means of containment is not a ROM container, it must be inside a second means of containment or else the condition of being transportable in compliance with the Act and Regulations is not satisfied. If that second means of containment is a ROM container, set it aside together with all the dangerous goods it contains. If the second means of containment is not a ROM container, it must be inside a third means of containment or else the condition of being transportable in compliance with the Act and Regulations is not satisfied, etc., until a ROM means of containment is found. If there are no dangerous goods left, all ROM containers have been identified. If any dangerous goods are left, begin the process again with any portion of the remaining dangerous goods that is in direct contact with one means of containment. Example: For a trailer load of camping gas cylinders packed 24 per carton, contained in skids of 18 cartons, with 12 skids making up the trailer load this process would identify only the individual cylinders as ROM containers. There would be 24 x 18 x 12 which means that 5 184 camping gas cylinders would be ROM containers. Note that neither the trailer nor any skid nor any carton is a ROM container. 63. Section 5.5 of the Regulations is replaced by the following: 5.5 Filling Limits The person filling a means of containment with dangerous goods
64. (1) The table to subsection 5.7(1) of the Regulations is replaced by the following: Table
(2) Subsection 5.7(2) of the Regulations is replaced by the following: (2) For a mixed load of two or more explosives with compatibility groups C, D, E, N or S, the compatibility group of the mixed load is the first compatibility group of E, D, C, N or S present in the mixed load. (3) 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. The compatibility group of the mixed load is D. (4) Despite subsection (1), explosive articles included in compatibility group G, except for fireworks with UN numbers UN0333, UN0334, UN0335 or UN0336, may be loaded or transported in the same road vehicle together with explosive articles included in compatibility group C, D or E and the compatibility group of the mixed load is E. (5) For a mixed load of two explosives with one of the compatibility groups being S, the compatibility group of the mixed load is that of the other compatibility group. 65. (1) Section 5.9 of the Regulations is repealed. (2) The italicized text after section 5.9 of the Regulations is struck out. 66. (1) Paragraphs 5.10(3)(a) to (c) are replaced by the following:
(2) Section 5.10 of the Regulations is amended by adding the following after subsection (5): (6) In addition to the requirements of subparagraphs (1)(a)(ii) and (1)(d)(ii), a person who uses a standardized means of containment that is required by CSA B622, to offer for transport dangerous goods included in Class 2, Gases, must use a means of containment
67. Subparagraph (a)(ii) of the table to subsection 5.11(1) of the Regulations in column 2 is replaced by the following:
68. Section 5.14 of the Regulations and any italicized text are replaced by the following: 5.14 Large Means of Containment (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 large means of containment unless it is manufactured, selected and used in accordance with
(2) In addition to the requirements of subparagraphs (1)(a)(ii) and (1)(d)(ii), a person who uses a standardized means of containment that is required by CSA B621 to offer for transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 must use a means of containment
(3) Despite clause 2.1.6 of CGSB-43.147, every reference in CGSB-43.147 to the Association of American Railroads publication M-1002-2000, "Specifications for Tank Cars", must be read as M-1002-2003, "Specifications for Tank Cars", published by the Association of American Railroads, October 2003. (4) The requirements of clause 30.8.2 of CGSB-43.147 do not apply to (a) UN2448, MOLTEN SULFUR; (b) UN3257, ELEVATED TEMPERATURE LIQUID, N.O.S; or (c) UN3258, ELEVATED TEMPERATURE SOLID, N.O.S. 69. Sections 5.15 and 5.16 of the Regulations are replaced by the following: 5.16 Means of Containment for Class 6.2, Infectious Substances (1) A person must handle, offer for transport or transport dangerous goods included in Category A or Category B of Class 6.2, Infectious Substances, in a means of containment listed for them in column 2, 3 or 4 of the table to this section. (2) Despite subsection (1), a Type 1A means of containment may be used in all cases. Table
5.16.1 Additional Requirements for Type 1B Means of Containment In addition to the requirements for a Type 1B means of containment in Part 2 of CGSB-43.125, a Type 1B means of containment must
70. The italicized list after the heading "Definitions" in Part 7 of the Regulations is amended by adding the following in alphabetical order: capacity 71. (1) The portion of section 7.1 of the Regulations after the title and before paragraph 7.1(3)(a) and any italicized text is replaced by the following: Subsection (1) deals with a quantity of dangerous goods in one ROM container. If the quantity of dangerous goods exceeds the ERAP limit an ERAP is required, regardless of the size of the ROM container. Subsection (2) deals with an accumulation of dangerous goods in ROM containers that have a capacity greater than 225 L. Subsection (3) deals with an accumulation of dangerous goods in ROM containers regardless of the size of the ROM containers. (1) A person who offers for transport or imports dangerous goods must have an approved emergency response assistance plan when the quantity of dangerous goods in a ROM container exceeds the ERAP limit referred to in subsection (4). (2) A person who offers for transport or imports a quantity of dangerous goods that have the same UN number and are contained in more than one ROM container must have an approved ERAP if the total quantity of dangerous goods in the ROM containers each of which has a capacity greater than 225 L exceeds the ERAP limit referred to in subsection (4). Under subsection (2), an accumulation of large tubes making up a standard hydrogen tube trailer would need an ERAP but an accumulation of small camping gas cylinders would not need an ERAP. Only dangerous goods in a means of containment that have a capacity greater than 225 L are considered for the purpose of subsection (2). (3) A person who offers for transport or imports, in a road vehicle or railway vehicle, dangerous goods included in one of the following paragraphs must have an approved ERAP if the total quantity of those dangerous goods exceeds the corresponding ERAP limit referred to in subsection (4) for any of those dangerous goods: (2) Paragraphs 7.1(4)(c) and (d) of the Regulations are replaced by the following:
(3) Subsection 7.1(5) of the Regulations is replaced by the following: (5) Despite subsections (1), (2) and (3), a person who offers for transport or imports dangerous goods, other than a manufacturer or producer, may show on the shipping document the emergency response assistance plan number of another person, with that other person's permission, if that plan applies to the dangerous goods being transported and to the area in which the dangerous goods will be transported, for
(6) Whether or not another person's emergency response assistance plan number is shown on a shipping document in accordance with subsection (5), the person who offers for transport or imports dangerous goods remains responsible for emergency response assistance as required under the Act. (7) Any substance that would require an emergency response assistance plan when a classification is determined in accordance with Part 2, Classification, requires an emergency response assistance plan when a classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used as permitted in section 1.10 of Part 1. 72. (1) The portion of class 1 of the table to subsection 8.1(1) of the Regulations under the column heading "Quantity" is replaced by the following:
(2) The portion of class 6.2 of the table to subsection 8.1(1) of the Regulations under the column heading "Quantity" is replaced by the following:
73. Paragraph 8.1(5)(h) of the Regulations is replaced by the following:
74. The Table of Contents of Part 9 of the Regulations is amended by adding the following after section 9.4:
75. (1) Subparagraph 9.1(1)(a)(iii) of the Regulations is replaced by the following:
(2) Subsection 9.1(1) of the Regulations is amended by adding the word "and" at the end of paragraph (b) and by adding the following after paragraph (b):
(3) Subsection 9.1(2) of the Regulations is replaced by the following: (2) Subsection (1) does not apply to dangerous goods that
76. Subsection 9.2(3) of the Regulations is replaced by the following: (3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility, by a road vehicle, the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks. 77. Subsection 9.3(3) of the Regulations is replaced by the following: (3) When dangerous goods are transported to or from a ship, a port facility or a marine terminal by a road vehicle, the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks. 78. Part 9 of the Regulations is amended by adding the following after section 9.4: 9.5 Maximum Net Explosives Quantity in a Road Vehicle The total net explosives quantity of all explosives that are transported together in a road vehicle must not exceed
79. Section 10.5 of the Table of Contents of Part 10 of the Regulations is repealed. 80. (1) Subparagraph 10.1(1)(a)(iii) of the Regulations is replaced by the following:
(2) Subsection 10.1(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (a) and by replacing paragraph (b) with the following:
(3) Subsection 10.1(2) of the Regulations is replaced by the following: (2) Subsection (1) does not apply to dangerous goods that
81. Subsection 10.2(3) of the Regulations is replaced by the following: (3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility, by railway vehicle, the railway vehicle, or any means of containment visible from outside the railway vehicle must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks. 82. Subsection 10.3(3) of the Regulations is replaced by the following: (3) When dangerous goods are transported to or from a ship, a port facility or a marine terminal by road vehicle, the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks. 83. Section 10.5 of the Regulations is repealed. 84. Section 10.6 of the Regulations is replaced by the following: 10.6 Location of Placarded Railway Vehicle in a Train (1) 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
(2) Dangerous goods that are being transported in railway vehicles in a train from the United States to Canada or from the United States through Canada to a place outside Canada may be located in the train in accordance with sections 174.84 and 174.85 of 49 CFR. 85. (1) The portion of subsection 10.7(3) of the Regulations before paragraph (b) is replaced by the following: (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 and the three conditions in any one of the four rows set out in the table to this subsection apply, the person must
(2) Section 10.7 of the Regulations is amended by adding the following after subsection (3): Table
(3) Subsection 10.7(4) of the Regulations is replaced by the following: (4) The owner of a tank car who receives the 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
(5) This section does not apply if either the tank car or the other railway vehicle that were coupled is equipped with a cushioning device designed for a displacement of 15 cm or more in compression and capable of limiting the maximum coupler force to 453 600 kg when impacted at 16.1 km/h (10 mph) by a railway vehicle having a gross mass of 99 792 kg. 86. (1) The portion of subsection 11.1(2) before paragraph (a) is replaced by the following: (2) In addition to the requirements in subsection (1), a person who handles, offers for transport or transports dangerous goods by ship must do so in accordance with the following provisions of these Regulations: (2) Subparagraph 11.1(2)(c)(iv) of the Regulations is replaced by the following:
(3) Subsection 11.1(3) of the Regulations is replaced by the following: (3) The means of containment used to transport the dangerous goods must be 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. 87. (1) The italicized term "risk group" in the italicized list after the heading "Definitions" in Part 12 of the Regulations is struck out. (2) The italicized list after the heading "Definitions" in Part 12 of the Regulations is amended by adding the following in alphabetical order: Category A Category B 88. (1) Subparagraph 12.1(1)(b)(ii) of the Regulations is replaced by the following:
(2) Subparagraph 12.1(1)(c)(iv) of the Regulations is replaced by the following:
(3) Section 12.1 of the Regulations is amended by adding the following after subsection (3): (4) Despite subsection (2), sections 1.15 to 1.47 do not apply to transport by aircraft unless the section in question specifically allows such transport or is referred to in subsection (1). 89. Section 12.2 of the Regulations is amended by adding the word "and" at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:
90. Paragraph 12.4(f) of the Regulations is replaced by the following:
91. The portion of section 12.6 of the Regulations after the title and before paragraph (a) is replaced by the following: A person may handle or transport by aircraft in Canada toxic or infectious substances, other than toxic substances included in Class 6.1 and packing group I and infectious substances included in Category A that are in cultures or that are listed in subsection 2.36(3) of Part 2, Classification, if 92. (1) Paragraph 12.7(1)(b) of the Regulations is repealed. (2) Paragraphs 12.7(2)(a) to (d) of the Regulations are replaced by the following:
93. (1) Subparagraph 12.9(1)(c)(iii) of the Regulations is replaced by the following:
(2) Paragraph 12.9(3)(a) of the Regulations is replaced by the following:
(3) Subparagraph 12.9(3)(b)(i) of the Regulations is replaced by the following:
(4) Subsection 12.9(6) of the Regulations is replaced by the following: (6) When the Class 3, Flammable Liquids, referred to in subsection (2) are transported
(5) The portion of subsection 12.9(7) of the Regulations before paragraph (a) is replaced by the following: (7) The following dangerous goods must be handled, offered for transport or transported in accordance with Special Provision A87 of Chapter 3, Special Provisions, of Part 3, Dangerous Goods List and Limited Quantities Exceptions, of the ICAO Technical Instructions, and Packing Instruction 900 of Chapter 11, Class 9 – Miscellaneous Dangerous Goods, of Part 4, Packing Instructions, of the ICAO Technical Instructions: (6) Paragraphs 12.9(8)(b) and (c) of the Regulations are replaced by the following:
(7) Subparagraphs 12.9(10)(b)(i) and (ii) of the Regulations are replaced by the following:
(8) Paragraph 12.9(12)(d) of the Regulations is replaced by the following:
94. Paragraph 12.12(2)(d) of the Regulations is replaced by the following:
95. Paragraph 12.14(2)(a) of the Regulations is replaced by the following:
96. The portion of paragraph 14.1(i) of the Regulations before subparagraph (i) is repositioned as follows:
97. The Table of Contents of Part 16 of the Regulations is amended by adding the following after section 16.2:
98. Part 16 of the Regulations is amended by adding the following after section 16.2: 16.3 Detention of Dangerous Goods or Standardized Means of Containment (1) When an inspector detains dangerous goods or a standardized means of containment under subsection 17(1) or (2) of the Act, the inspector must deliver a Detention Notice in the form following this section to the person who has charge, management or control of the dangerous goods or of the means of containment at the time they are detained. (2) The inspector must sign and date the Notice. (3) The detention takes effect when the Notice is signed and dated by the inspector. However, any non-compliance with the detention must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it. (4) The detention expires 12 months after the date on which it takes effect, but it may be revoked earlier, in writing, by an inspector. (5) A person may request a review of the detention any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or of the means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:
(6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.
16.4 Direction to Remedy Non-Compliance (1) When an inspector directs a person, under subsection 17(3) of the Act, to take necessary measures to remedy non-compliance with the Act and these Regulations, the inspector must deliver to that person a Notice of Direction to Remedy Non-Compliance in the form following this section. (2) The inspector must sign and date the Notice. (3) The Notice must also be signed and dated by one of the following designated persons before it is delivered to the person directed by the inspector to take the necessary measures: the Director, Compliance and Response, the Chief, Response Operations, or the Chief, Enforcement, of the Transport Dangerous Goods Directorate, Department of Transport. (4) The direction takes effect when the Notice is signed and dated by the inspector. However, any non-compliance with the direction must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it. (5) The direction expires 12 months after the date on which it takes effect, but it may be revoked earlier, in writing, by an inspector. (6) A person may request a review of the direction any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:
(7) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.
16.5 Direction Not to Import or to Return to Place of Origin (1) When an inspector directs under subsection 17(4) of the Act a person who has charge, management or control of dangerous goods or means of containment that the dangerous goods or means of containment not be imported into Canada or, if they are already in Canada, that they be returned to their place of origin, the inspector must deliver to that person a Notice of Direction Not to Import or to Return to Place of Origin in the form following this section. (2) The inspector must sign and date the Notice. (3) The direction takes effect when the Notice is signed and dated by the inspector. However, any non-compliance with the direction must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it. (4) The direction expires 12 months after the date on which it takes effect, but it may be revoked earlier, in writing, by an inspector. (5) A person may request a review of the direction any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:
(6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.
99. (1) Col. 4 after the heading "LEGEND" of Schedule 1 to the Regulations and any italicized text is replaced by the following: Col. 4 Packing Group/Category. This column gives the packing group or category for dangerous goods. Class 2, Gases, does not have packing groups. Class 6.2, Infectious Substances, has two categories rather than packing groups. (2) Col. 6 to Col. 9 after the heading "LEGEND" of Schedule 1 to the Regulations and any italicized text are replaced by the following: Col. 6 Explosive Limit and Limited Quantity Index. This column gives the quantity of dangerous goods at or below which the dangerous goods may be offered for transport or transported in accordance with section 1.17 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, for dangerous goods included in any of Classes 2 to 9 or, in accordance with section 1.31 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, for dangerous goods included in Class 1, Explosives. Col. 7 ERAP Index. This column gives the ERAP (emergency response assistance plan) quantity limit above which there must be an ERAP for the dangerous goods in accordance with section 7.1 of Part 7, Emergency Response Assistance Plan. The quantity limit is expressed as kilograms for solids, litres for liquids and for gases as the capacity of the means of containment of the gases. For Class 1, Explosives, the quantity is expressed as kilograms of net explosives quantity or, for those explosives subject to special provision 85 or 86, the number of articles which is either 5 000 or 25 000. For UN1202, UN1203 and UN1863, see special provision 82 which sets out ERAP requirements for these dangerous goods. The ERAP quantity limit applies to the row on which it appears so that, for example, UN1986 may require an ERAP for Packing Group I but not for Packing Group II or III. If no index number is shown, no ERAP is needed (see subsection 7.1(4) of Part 7, Emergency Response Assistance Plan). In this column of the schedule "SP" means special provision. Col. 8 Passenger Carrying Ship Index. This column gives the quantity limits for dangerous goods above which the dangerous goods must not be transported on board a passenger carrying ship (see section 1.6 of Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases). The quantity limit is expressed as kilograms for solids, litres for liquids and for gases as the capacity of the means of containment of the gases. For Class 1, Explosives, the quantity is expressed as kilograms of net explosives quantity or, for those explosives subject to special provision 85 or 86, the number of articles. There may be special stowage requirements or restrictions for some of these dangerous goods and the consignor should contact the marine carrier for more information. The word "Forbidden" in this column means that the dangerous goods must not be transported in any quantity on board a passenger carrying ship. A person may apply for a permit for equivalent level of safety to transport these dangerous goods (see Part 14, Permit for Equivalent Level of Safety). If no index number is shown, there is no quantity limit. Col. 9 Passenger Carrying Road Vehicle or Passenger Carrying Railway Vehicle Index. This column gives the quantity limits for dangerous goods above which the dangerous goods must not be transported on a passenger carrying road vehicle or a passenger carrying railway vehicle (see section 1.6 of Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases). The quantity limit is expressed as kilograms for solids, litres for liquids and for gases as the capacity of the means of containment of the gases. For Class 1, Explosives, the quantity is expressed as kilograms of net explosives quantity or, for those explosives subject to special provision 85 or 86, the number of articles. The word "Forbidden" in this column means that the dangerous goods must not be transported in any quantity on board a passenger carrying road vehicle or a passenger carrying railway vehicle. A person may apply for a permit for equivalent level of safety to transport these dangerous goods (see Part 14, Permit for Equivalent Level of Safety). If no index number is shown, there is no quantity limit. 100. The heading of Col. 4 of Schedule 1 to the Regulations is replaced by the following:
101. The portion of the following UN Numbers of Schedule 1 to the Regulations in Col. 2 to Col. 10 is replaced by the following: We have removed information such as tables, charts, formulas, chemical symbols, maps, forms and illustrations from this document, as we were not able to convert them into HTML format. You will find this information in the PDF version of the document. 102. (1) Special provision 2 of Schedule 2 to the Regulations is repealed. (2) The italicized text after special provision 2 of Schedule 2 to the Regulations is struck out. 103. Special provisions 4 to 9 of Schedule 2 to the Regulations and any italicized text are replaced by the following: 4 The net explosives quantity for these dangerous goods is calculated as 50% of the gross mass expressed in kilograms when the true net explosives quantity cannot reasonably be determined. UN0333, UN0334, UN0335, UN0428, UN0429, UN0430 5 The net explosives quantity for these dangerous goods is calculated as 25% of the gross mass expressed in kilograms when the true net explosives quantity cannot reasonably be determined. UN0336, UN0337, UN0431, UN0432 104. The italicized text after subsection (1) of special provision 23 of Schedule 2 to the Regulations is replaced by the following: CYANIDE SOLUTION, N.O.S., Class 6.1, UN1935, PG I, toxic by inhalation 105. (1) Special provision 29 of Schedule 2 to the Regulations is repealed. (2) The italicized text after special provision 29 of Schedule 2 to the Regulations is struck out. 106. Paragraph (b) of special provision 32 of Schedule 2 to the Regulations is replaced by the following:
107. (1) Special provision 42 of Schedule 2 to the Regulations is repealed. (2) The italicized text after special provision 42 of Schedule 2 to the Regulations is struck out. 108. (1) Special provision 75 of Schedule 2 to the Regulations is repealed. (2) The italicized text after special provision 75 to Schedule 2 to the Regulations is struck out. 109. Special provisions 76 and 77 of Schedule 2 to the Regulations and any italicized text are replaced by the following: 76 Despite Section 5.7 of Part 5, Means of Containment, any combination of these dangerous goods included in Class 1, Explosives may be handled, offered for transport or transported in a road vehicle if
UN0027, UN0066, UN0094, UN0101, UN0105, UN0161, UN0197, UN0255, UN0305, UN0325, UN0335, UN0336, UN0337, UN0349, UN0430, UN0431, UN0432, UN0454, UN0499 110. Schedule 2 to the Regulations is amended by adding the following after special provision 80: 81 Section 5.12 of Part 5, Means of Containment, does not apply to these dangerous goods if they are handled, offered for transport or transported in a 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. UN1841, UN1845, UN1931, UN2807, UN2969, UN2990, UN3072, UN3166, UN3171, UN3245 82 A person must have an emergency response assistance plan in accordance with section 7.1 of Part 7, Emergency Response Assistance Plan, before offering for transport or importing, in a single train, thirty-four or more rail tank cars containing dangerous goods with a UN number of UN1202, UN1203 or UN1863 when the rail tank cars average 70 per cent full. UN1202, UN1203, UN1863 83 Section 5.12 of Part 5, Means of Containment, does not apply to these dangerous goods if
UN1133, UN1210, UN1263, UN1866 84 The following infectious substances require an Emergency Response Assistance Plan:
UN2814, UN2900 85 Despite the index number in column 6 of Schedule 1, these dangerous goods may be handled, offered for transport or transported in accordance with section 1.31 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, when they are in a quantity that is less than or equal to 15 000 articles. UN0044 86 Despite the index number in column 6 of Schedule 1, these dangerous goods may be handled, offered for transport or transported in accordance with section 1.31 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, when they are in a quantity that is less than or equal to 100 articles. UN0029, UN0030, UN0121, UN0131, UN0255, UN0267, UN0315, UN0325, UN0349, UN0360, UN0361, UN0367, UN0368, UN0454, UN0455, UN0456, UN0500 87 Despite the word "Forbidden" in column 9 of Schedule 1, these dangerous goods may be transported on a road vehicle, a railway vehicle or a ship on a domestic voyage in accordance with section 1.15 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, when they are used for medical purposes during transport and are less than or equal to 1 L. UN1073 88 Despite the quantity limits in column 9 of Schedule 1 for these dangerous goods, a road vehicle is not a passenger carrying road vehicle unless the passengers in it are transported for hire or reward. UN1202, UN1203 89 Despite subsection 5.12(1) of Part 5, Means of Containment, until January 1, 2010, these dangerous goods may be transported on a road vehicle or a ship on a domestic voyage in a small means of containment if the small means of containment
UN1999 111. The portion of English Sequence Number 145 of Schedule 3 to the Regulations in Col. 4 is replaced by the following:
112. Schedule 3 to the Regulations is amended by adding the following after English Sequence Number 365:
113. The portion of English Sequence Number 681 of Schedule 3 to the Regulations in Col. 4 is replaced by the following:
114. The portion of English Sequence Numbers 1433 and 1434 of Schedule 3 to the Regulations in Col. 3 is replaced by the following:
COMING INTO FORCE 115. These Regulations come into force on the day on which they are registered. [39-1-o] S.C. 1992, c. 34 SOR/2001-286 |
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