OCCUPATIONAL HEALTH & SAFETY, Federal


Transportation of Dangerous Goods Act, 1992, Transportation of Dangerous Goods Regulations


Last updated, 07/31/2014

Transportation of Dangerous Goods Act, 1992
TRANSPORTATION OF DANGEROUS GOODS REGULATIONS
SOR/2001-286
(as am. by SOR/2002-306; 2003-273; 2005-216; 2005-279; 2007-179; 2008-34; 2011-60; 2011-210; 2011-239; 2012-245; 2014-152 and 2014-159)
(Editor’s Note: Only those sections relevant to occupational safety and health have been reproduced.)
(For the complete text, please see the Environmental Legislative Service: Parts 1–2, 3–4, 5–10 and 11–16, and Schedules 1, 2 and 3)


Part 1 — Coming into Force, Repeal, Interpretation, General Provisions and Special Cases


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


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Goods Regulations”, as made by Order in Council P.C. 1985-147 dated January 17, 1985 and registered as SOR/85-77, are repealed.


1.3. Interpretation.
(1) Anything written in italics in these Regulations is not part of the Regulations.
(2) In these Regulations,
(a) “must” is imperative and “may” is permissive;
(b) the words “on”, “in” or “by” are synonymous when they are associated with the defined term “road vehicle”, “railway vehicle”, “ship” or “aircraft”; (SOR/2008-34, s. 2(1))
(c) pressure expressed in kPa is gauge pressure unless designated as absolute pressure, except for vapour pressure, which is always absolute pressure;
(d) shipping names listed in Schedule 1 may be
(i) written in the singular or plural,
(ii) written in upper or lower case letters, except that when the shipping name is followed by the descriptive text associated with the shipping name the descriptive text must be in lower case letters and the shipping name must be in upper case letters (capitals), (SOR/2002-306, s. 3(1); 2008-34, s. 2(2))
(iii) in English only, put in a different word order as long as the full shipping name is used and the word order is a commonly used one; and (SOR/2008-34, s. 2(2))
For example, “AMMONIA, ANHYDROUS” may be written “ANHYDROUS AMMONIA” and “SULPHUR, MOLTEN” may be written “MOLTEN SULPHUR”.

(iv) for solutions and mixtures, followed by the word “SOLUTION” or “MIXTURE”, as appropriate, and may include the concentration of the solution or mixture; (SOR/2008-34, s. 2(2))
Examples are ACETONE SOLUTION or ACETONE 75% SOLUTION. (SOR/2008-34, s. 2(2))

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

Column 1Column 2
SymbolUnit of Measure
Bq becquerel
°Cdegree Celsius
ft3cubic feet
ggram
hhour
Hzhertz
Jjoule
J/gjoules per gram
kgkilogram
kBq/kg kilobecquerels per kilogram
kmkilometre
km/hkilometres per hour
kPakilopascal
Llitre
L/kg litres per kilogram
LClethal concentration
LDlethal dose
mmetre
m3cubic metre
mgmilligram
mg/kg milligrams per kilogram
mg/L milligrams per litre
mLmillilitre
mL/m3millilitres per cubic metre
mmmillimetre
mphmiles per hour
MPamegapascal
mSv/h millisieverts per hour
psigpounds per square inch, gauge
µSv/hmicrosieverts per hour
µmmicrometre

(SOR/2008-34, s. 2(3))
(f) when the word “placard” is used, it refers to a specific placard illustrated in the Appendix to Part 4, Dangerous Goods Safety Marks, but when a placard is required or permitted to be displayed, the singular includes the plural and it means the appropriate number of that placard required by Part 4; (SOR/2014-159, s. 2)
(g) the word “or” is used in the inclusive sense unless the associated text clearly indicates otherwise; (SOR/2008-34, s. 2(3))
For example, condition “A or B” is satisfied if A is satisfied, if B is satisfied or if both A and B are satisfied. Similarly, condition “A, B, C or D” is satisfied if one or more of the four conditions is satisfied. (SOR/2008-34, s. 2(3))

(h) when a shipping document or a document is required, the requirement refers to
(i) the original shipping document or original document, or
(ii) a copy of the shipping document or document;
(SOR/2008-34, s. 2(3))
(i) when it is necessary to convert between number of articles and net explosives quantity, one kilogram net explosives quantity must be counted as 100 articles and each 100 articles must be counted as one kilogram net explosives quantity; (SOR/2008-34, s. 2(3))
(j) when dangerous goods are in a means of containment, it is the minimum required means of containment if
(i) all other means of containment containing it are removed, the means of containment and the dangerous goods it contains would be in compliance with the Act and these Regulations for the purposes of handling, offering for transport or transporting, and
(ii) all other means of containment containing it and the means of containment itself are removed, some of the dangerous goods it contains would no longer be in a means of containment that is in compliance with the Act and these Regulations for the purposes of handling, offering for transport or transporting;
(SOR/2008-34, s. 2(3))

A railway boxcar containing propane in one or more cylinders would not be the minimum required means of containment for that propane because, if the railway boxcar (plus any means of containment containing the boxcar) were removed, the propane would still be in means of containment in compliance with the Act and the Regulations.
Another example is dangerous goods contained in a combination packaging that is in compliance with the Act and the Regulations, such as a Type 1A means of containment for infectious substances. The outer packaging is the minimum required means of containment because, if it and all means of containment containing it were removed, the dangerous goods would no longer be in means of containment in compliance with the Act and these Regulations.
In most cases, the identification of the minimum required means of containment is obvious. The only situations in which it is not immediately obvious are situations involving “nested” means of containment, that is, where a first means of containment is contained in a second means of containment which may be contained in a third means of containment, and so on.
The identification of the minimum required means of containment is essential in determining gross mass. It is also useful in some situations to clarify when dangerous goods safety marks do not need to be displayed on means of containment inside the minimum required means of containment. See the definition of “gross mass”, which is relevant in sections 1.6, 1.15, 1.16, 1.17, 1.19.1, 1.19.2, 1.29 and 7.1.
(SOR/2008-34, s. 2(3))

(k) when the words “means of containment” are used, they refer to the minimum required means of containment unless the associated text clearly indicates otherwise; and (SOR/2008-34, s. 2(3))
For example, the means of containment referred to in section 4.15 may contain dangerous goods that are included in different classes so that the means of containment may or may not be the minimum means of containment. Consequently, section 4.15 is not restricted to minimum means of containment.
(SOR/2008-34, s. 2(3))

(l) the words “gross mass of all dangerous goods” in sections 1.15, 1.16, 1.21 and 1.22 refer to dangerous goods that require shipping documents or that are intended to be transported in accordance with those sections. (SOR/2008-34, s. 2(3))


1.3.1. Table of Safety Standards and Safety Requirement Documents. A document set out in column 2 of the table to this section is a safety standard or a safety requirement. If the document is referred to in these Regulations, it is referred to by the short form set out in column 1.
Because the short forms are set out alphabetically in each language, the corresponding item number in the French-language table is shown in parentheses under the English-language item number.

Some documents set out in the table are not mentioned in these Regulations; they are, however, referred to in documents that are mentioned in these Regulations.

Table

ItemColumn 1Column 2
Short FormSafety Standard or Safety Requirement
1ASTM Corrosion TestASTM G 31-72, “Standard Practice for Laboratory Immersion Corrosion Testing of Metals”, May 30, 1972, as reapproved in 1995, published by the American Society for Testing and Materials (ASTM)
(22)
2ASTM D 1200ASTM D 1200-94, “Standard Test Method for Viscosity by Ford Viscosity Cup”, August 15, 1994, published by the American Society for Testing and Materials (ASTM)
(1)
3ASTM D 4359ASTM D 4359-90, “Standard Test Method for Determining Whether a Material Is a Liquid or a Solid”, July 1990, published by the American Society for Testing and Materials (ASTM)
(2)
4ASTM F 852ASTM F 852-86, “Standard Specification for Portable Gasoline Containers for Consumer Use”, June 1986, published by the American Society for Testing and Materials (ASTM)
(3)
549 CFRParts 171 to 180 of Title 49 of the “Code of Federal Regulations” of the United States, 2010, but does not include Subpart B of Part 107 when that subpart is referenced in Parts 171 to 180
(4)
6CGA P-20“Standard for Classification of Toxic Gas Mixtures”, Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA)
(5)
7CGSB-32.301National Standard of Canada CAN/CGSB-32.301-M87, “Canola Meal”, April 1987, published by the Canadian General Standards Board (CGSB)
(6)
8CGSB-43.123Canadian General Standards Board, CGSB-43.123-2010, “Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods”, June 2010, published by the Canadian General Standards Board (CGSB)
(7)
9CGSB-43.125National Standard of Canada CAN/CGSB-43.125-99, “Packaging of Infectious Substances, Diagnostic Specimens, Biological Products and Biomedical Waste for Transport”, May 1999, published by the Canadian General Standards Board (CGSB)
(8)
10CGSB-43.126Canadian General Standards Board, CGSB-43.126-2008, “Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods”, September 2008, published by the Canadian General Standards Board (CGSB)
(9)
11CGSB-43.146National Standard of Canada CAN/CGSB-43.146-2002, “Design, Manufacture and Use of Intermediate Bulk Containers for the Transportation of Dangerous Goods”, January 2002, published by the Canadian General Standards Board (CGSB)
(10)
12CGSB-43.151National Standard of Canada CAN/CGSB-43.151-97, “Packing of Explosives (Class 1) for Transportation”, December 1997, published by the Canadian General Standards Board (CGSB)
(11)
13CSA B339CSA Standard B339-08, “Cylinders, spheres, and tubes for the transportation of dangerous goods”, March 2008, published by the Canadian Standards Association (CSA)
(13)
14CSA B340CSA Standard B340-08, “Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2”, March 2008, published by the Canadian Standards Association (CSA)
(14)
15CSA B341CSA Standard B341-09, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”, March 2009, published by the Canadian Standards Association (CSA)
(15)
16CSA B342CSA Standard B342-09, “Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2”, March 2009, published by the Canadian Standards Association (CSA)
(16)
17CSA B620CSA Standard B620-09, “Highway tanks and TC portable tanks for the transportation of dangerous goods”, January 2009, published by the Canadian Standards Association (CSA)
(17)
18CSA B621CSA Standard B621-09, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”, January 2009, published by the Canadian Standards Association (CSA)
(18)
19CSA B622CSA Standard B622-09, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”, January 2009, published by the Canadian Standards Association (CSA)
(19)
20CSA B625CSA Standard B625-08, “Portable tanks for the transport of dangerous goods”, July 2008, published by the Canadian Standards Association (CSA)
(20)
21CSA B626CSA Standard B626-09, “Portable tank specification TC 44”, February 2009, published by the Canadian Standards Association (CSA)
(21)
22ICAO Technical Instructions“Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2011-2012 Edition, published by the International Civil Aviation Organization (ICAO)
(23)
23IMDG CodeVolumes 1 and 2 of the “International Maritime Dangerous Goods Code”, 2010 Edition, including Amendment 35-10, published by the International Maritime Organization (IMO)
(12)
24ISO 2431International Standard ISO 2431, “Paints and varnishes — Determination of flow time by use of flow cups”, Fourth Edition, February 15, 1993, including Technical Corrigendum 1, 1994, published by the International Organization for Standardization (ISO)
(24)
25ISO 2592International Standard ISO 2592:2000(E), “Determination of flash and fire points — Cleveland open cup method”, Second Edition, September 15, 2000, published by the International Organization for Standardization (ISO)
(25)
26ISO 9328-2International Standard ISO 9328-2, “Steel plates and strips for pressure purposes — Technical delivery conditions — Part 2: Unalloyed and low-alloyed steels with specified room temperature and elevated temperature properties”, First Edition, December 1, 1991, published by the International Organization for Standardization (ISO)
(26)
27ISO 10156International Standard ISO 10156, “Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets”, Second Edition, February 15, 1996, published by the International Organization for Standardization (ISO)
(27)
28ISO 10298International Standard ISO 10298, “Determination of toxicity of a gas or gas mixture”, First Edition, December 15, 1995, published by the International Organization for Standardization (ISO)
(28)
29Manual of Tests and Criteria“Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria”, Fifth Revised Edition, 2009, published by the United Nations (UN)
(30)
30MIL-D-23119GMIL-D-23119G, “Military Specification: Drums, Fabric, Collapsible, Liquid Fuel, Cylindrical, 500-Gallon Capacity”, July 15, 1992, published by the United States Department of Defense
(31)
31MIL-T-52983GMIL-T-52983G, “Military Specification: Tanks, Fabric, Collapsible: 3,000, 10,000, 20,000 and 50,000 Gallon, Fuel”, May 11, 1994, published by the United States Department of Defense
(32)
32OECD GuidelinesOECD Guidelines for Testing of Chemicals No. 404, “Acute Dermal Irritation/Corrosion”, July 17, 1992, published by the Organization for Economic Co-operation and Development (OECD)
(29)
33Supplement to the ICAO Technical InstructionsSupplement to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2011-2012 Edition, published by the International Civil Aviation Organization (ICAO)
(34)
34TP14850Transport Canada Standard TP14850E, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and, 9, a Transport Canada Standard”, 2nd Edition, October 2010, published by the Department of Transport
(35)
35TP14877Transport Canada Standard TP14877E, “Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard”, December 2013, published by the Department of Transport
(36)
36ULC Standard S504National Standard of Canada CAN/ULC-S504-02, “Standard for Dry Chemical Fire Extinguishers”, Second Edition, August 14, 2002, as amended January 2007, August 2007 and April 2009, published by Underwriters’ Laboratories of Canada
(37)
37ULC Standard S507National Standard of Canada CAN/ULC-S507-05, “Standard for Water Fire Extinguishers”, Fourth Edition, February 28, 2005, as amended January 2007, published by Underwriters’ Laboratories of Canada
(38)
38ULC Standard S512National Standard of Canada CAN/ULC-S512-M87, “Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers”, April 1987, as amended March 1989, March 1990, April 1993, September 1996, September 1997 and April 1999, and reaffirmed February 2007, published by Underwriters’ Laboratories of Canada
(39)
39UN Recommendations“Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN)
(34)
40UN Recommendations“Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN)
(33)

(SOR/2014-152, s. 2; 2014-159, s. 3)


1.4. Definitions.
In the following definitions, words that are also defined or that are variations of words that are defined are [boldfaced]. The meanings of the variations should be drawn from the defined terms. The meanings of other words that are not defined can be found in a dictionary or a scientific or technical handbook, journal or text or a similar publication.
The definitions in this section, which include the definitions from the Act, apply in these Regulations.
“accidental release”(from the Act) means, in relation to dangerous goods, an unplanned or accidental
(a) discharge, emission, explosion, outgassing or other escape of dangerous goods, or any component or compound evolving from dangerous goods; or
(b) emission of ionizing radiation that exceeds a level established under the “Nuclear Safety and Control Act”.
“aerosol container” means any non-refillable means of containment that
(a) contains a substance under pressure; and
(b) is fitted with a self-closing device allowing the contents to be ejected
(i) as solid or liquid particles in suspension in a gas,
(ii) as a foam, paste or powder, or
(iii) as a liquid or a gas.
“aircraft” means any machine capable of deriving support in the atmosphere from reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine, and includes a rocket.
“biological product” means a product that is derived from living organisms and that is used to prevent, treat or diagnose disease in humans or animals or for development, experiment or investigation purposes and includes finished or unfinished products, live vaccines or attenuated live vaccines. (SOR/2008-34, s. 4(3))
“CANUTEC” means the Canadian Transport Emergency Centre of the Department of Transport.
“capacity” means, for a means of containment used to contain
(a) a liquid or a gas, the maximum volume of water, normally expressed in litres, that the means of containment can hold at 15°C and at an absolute pressure of 101.325 kPa; and
(b) dangerous goods other than a liquid or a gas, the maximum volume, normally expressed in cubic metres, that the means of containment can hold.
(SOR/2008-34, s. 4(5))
“cargo aircraft” means an aircraft, other than a passenger carrying aircraft, that is carrying goods or property.
“carrier” means a person who, whether or not for hire or reward, has possession of dangerous goods while they are in transport.
“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. (SOR/2008-34, s. 4(5))
“Category B” means an infectious substance that does not meet the criteria for inclusion in Category A. (SOR/2008-34, s. 4(5))
“certification safety mark” means a design, symbol, device, letter, word, number or abbreviation that is displayed on a means of containment or means of transport to indicate compliance with a safety standard.
“49 CFR” Repealed. (SOR/2014-152, s. 3)
“class” means, when the word “class” is followed by
(a) one digit, the class of dangerous goods listed in the schedule to the Act; and
(b) two digits separated by a point, the class of dangerous goods listed in the schedule to the Act and its division.
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, for example, Class 1.1A or Class 1.4S. (SOR/2008-34, s. 4(4))

“classification” means, for dangerous goods, as applicable, the shipping name, the primary class, the compatibility group, the subsidiary class, the UN number, the packing group, and the infectious substance category. (SOR/2008-34, s. 4(3))
“compatibility group” means one of the 13 groups of explosives described in Appendix 2 of Part 2, Classification.

The compatibility group for each explosive listed in Schedule 1 is shown in column 3 of that Schedule beside the primary class of that explosive.

“consignment” means a quantity of dangerous goods transported at the same time in one or more means of containment from one consignor at one location to one consignee at another location. (SOR/2008-34, ss. 4(2)-(3))
“consignor” means a person in Canada who
(a) is named in a shipping document as the consignor;
(b) imports or who will importdangerous goods into Canada; or
(c) if paragraphs (a) and (b) do not apply, has possession of dangerous goods immediately before they are in transport.

A person may be both a consignor and a carrier of the same consignment, for example, a manufacturer who also transports the dangerous goods he or she produces.

“consolidation bin” means a bin that is used in a road vehicle
(a) to secure one or more small means of containment so that, under normal conditions of transport, they will not shift in a way that might compromise their integrity; and
(b) to allow small means of containment to be added or removed during transport.

Unlike an overpack, a consolidation bin allows users to add or remove small means of containment during transport. A typical user of consolidation bins would be a delivery service that makes many deliveries in one route.
(SOR/2014-159, s. 4(2))
“culture” means the result of a process by which pathogens in a specimen are intentionally propagated. This definition does not include specimens taken from a human or animal patient and that are intended to be processed in a laboratory. (SOR/2008-34, s. 4(5))

Often, a specimen taken from a human or animal patient in a doctor’s office, a clinic, a hospital or a lab is referred to by the health care professional as a “culture”. In fact, such a specimen is usually intended to be sent to a laboratory where it will be manipulated or “cultured”. It is packaged in such a way that the specimen itself will not deteriorate but any pathogens it contains will not “grow” during transport. (SOR/2008-34, s. 4(5))

“cylinder” means a small means of containment, other than an aerosol container, that is cylindrical or spherical in shape and that is capable of withstanding an internal absolute pressure of 275 kPa.
“dangerous goods”(from the Act) means a product, substance or organism included by its nature or by the regulations in any of the classes listed in the schedule to the Act.

Schedule to the Act

Class 1 — Explosives, including explosives within the meaning of the “Explosives Act
Class 2 — Gases: compressed, deeply refrigerated, liquefied or dissolved under pressure
Class 3 — Flammable and combustible liquids
Class 4 — Flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases
Class 5 — Oxidizing substances; organic peroxides
Class 6 — Poisonous (toxic) and infectious substances
Class 7 — Nuclear substances, within the meaning of the “Nuclear Safety and Control Act”, that are radioactive
Class 8 — Corrosives
Class 9 — Miscellaneous products, substances or organisms considered by the Governor in Council to be dangerous to life, health, property or the environment when handled, offered for transport or transported and prescribed to be included in this class

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.

“dangerous goods safety mark” means a label, placard, orange panel, sign, mark, letter, word, number or abbreviation that is used to identify dangerous goods and to show the nature of the danger posed by them.
“diagnostic specimen” Repealed. (SOR/2008-34, s. 4(1))
“Director General” means the Director General of the Transport Dangerous Goods Directorate, Department of Transport.
“drum” means a flat-ended or convex-ended cylindrical means of containment made of metal, fibreboard, plastic or other similar material, with a maximum capacity of 450 L, or for a drum made of plywood, a maximum capacity of 250 L. This definition includes means of containment of other shapes such as pail-shaped or round with a tapered neck, but does not include a wood barrel or jerrican (that is, a means of containment of rectangular or polygonal cross-section). (SOR/2008-34, s. 4(5))
“dust” means a mixture of solid particles and air in which 90 per cent or more of the solid particles have a diameter less than or equal to 10 µm.

The concentration of these suspended particles in air is measured as milligrams of solid particles per litre of air (mg/L).

“emergency” means an immediate danger to public safety
(a) requiring the use of dangerous goods to avert or mitigate the danger; or
(b) arising directly or indirectly from dangerous goods.
“emergency response assistance plan” or “ERAP” or “ERP” means a plan that outlines what is to be done if there is an accident involving certain dangerous goods and that is in accordance with Part 7, Emergency Response Assistance Plan.
“employer” means a person who
(a) employs one or more individuals; or
(b) provides the services of one or more individuals and from whom the individuals receive their remuneration.
“farmer” means a person engaged in farming in Canada for commercial purposes. (SOR/2008-34, s. 4(5))
“farming” means the production of field-grown crops, cultivated and uncultivated and horticultural crops, the raising of livestock, poultry and fur-bearing animals, the production of eggs, milk, honey, maple syrup, tobacco, fibre and fodder crops, but does not include aquaculture. (SOR/2008-34, s. 4(5))
“fire point” means the lowest temperature at which a substance will ignite and will continue to burn for at least 5 seconds.
“flash point” means the lowest temperature at which the application of an ignition source causes the vapours of a liquid to ignite near the surface of the liquid or within a test vessel.

The flash point is determined using the closed-cup test method referred to in Chapter 2.3 of the UN Recommendations. See paragraph 2.18(1)(a) of Part 2, Classification.

“gas” means a substance that at 50°C has a vapour pressure greater than 300 kPa or that is completely gaseous at 20°C at an absolute pressure of 101.3 kPa and that is
(a) compressed (other than in solution) so that when it is packaged under pressure for transport it remains entirely gaseous at 20°C;
(b) liquefied so that when it is packaged for transport it is partially liquid at 20°C;
(c) refrigerated so that when it is packaged for transport it is made partially liquid because of its low temperature; or (SOR/2002-306, s. 4(2))
(d) in solution so that when it is packaged for transport it is dissolved in a solvent.
“genetically modified micro-organism” means a micro-organism in which genetic material has been purposely altered through genetic engineering in a way that does not occur naturally.
“gross mass” means
(a) for a means of containment, the mass of the means of containment and all of its contents; or
(b) for a quantity of dangerous goods, the gross mass of all minimum required means of containment used to contain the dangerous goods.
(SOR/2008-34, s. 4(3))

Reference to the minimum required means of containment (see paragraph 1.3(2)(j)) clarifies that, when dangerous goods are in portable tanks required or permitted by Part 5, Means of Containment, and the portable tanks are being transported in an ISO container or in a rail boxcar, the gross mass of the dangerous goods includes the dangerous goods and the portable tank but does not include the mass of the ISO container or the rail boxcar. (SOR/2012-245, s. 4(1))

“handling”(from the Act) means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation.
“ICAO Technical Instructions” Repealed. (SOR/2014-152, s. 3)
“IMDG Code” Repealed. (SOR/2014-152, s. 3)
“IMDG Code, 29th Amendment” Repealed. (SOR/2014-152, s. 3)
“imminent accidental release” means, for dangerous goodsin transport in a large means of containment, that there has been an incident and
(a) there is likely a need to remove or transfer all or a portion of the dangerous goods to another large means of containment;
(b) there is damage to the means of containment which, if not corrected, could result in an accidental release of the dangerous goods in a quantity or emission level that exceeds those set out in the table to subsection 8.1(1) of Part 8, Accidental Release and Imminent Accidental Release Report Requirements; or
(c) the large means of containment is lost in navigable waters.
“import”(from the Act) means import into Canada, and includes transporting goods that originate from outside Canada and pass through Canada to a destination outside Canada, except when the goods are being transported on a ship or aircraft not registered in Canada.
“infectious substance” means a substance known or reasonably believed to contain viable micro-organisms such as bacteria, viruses, rickettsia, parasites, fungi and other agents such as prions that are known or reasonably believed to cause disease in humans or animals and that are listed in Appendix 3 to Part 2, Classification, or that exhibit characteristics similar to a substance listed in Appendix 3. (SOR/2008-34, ss. 4(2)-(3))
“inspector”(from the Act) means a person designated as an inspector under subsection 10(1) of the Act.
“in standard” means that a means of containment meets the requirements set out in section 5.2 of Part 5, Means of Containment.
“in transport” means that a person has possession of dangerous goods for the purposes of transportation or for the purposes of storing them in the course of transportation.
“large means of containment” means a means of containment with a capacity greater than 450 L. (SOR/2008-34, s. 4(3))

450 L is equivalent to 0.45 m3 or 15.9 ft3.

“LC50 means the lowest concentration of gas, vapour, mist or dust that, when administered by continuous inhalation to both male and female young adult albino rats for one hour, results in the death within 14 days of one half of the animals.

The result is expressed in milligrams per litre (mg/L) of air for dust and mist, which are suspended particles, and in millilitres per cubic metre (mL/m3) of air for gas and vapour.

“LD50 (dermal)” means the lowest amount of a substance that, when administered by continuous contact with the bare skin of both male and female young adult albino rabbits for 24 hours, results in the death within 14 days of one half of the animals.

The result is expressed in milligrams per kilogram (mg/kg) of body mass.

“LD50 (oral)” means the lowest amount of a substance that, when administered by mouth to both male and female young adult albino rats, results in the death within 14 days of one half of the animals.

The result is expressed in milligrams per kilogram (mg/kg) of body mass.

“liquid” means a substance that
(a) has a melting point less than or equal to 20°C at an absolute pressure of 101.3 kPa; or
(b) is a viscous substance for which a specific melting point cannot be determined but that is determined to be a liquid in accordance with ASTM D 4359.
“Manual of Tests and Criteria” Repealed. (SOR/2014-152, s. 3)
“means of containment”(from the Act) means a container or packaging, or any part of a means of transport that is or may be used to contain goods.
“means of transport”(from the Act) means a road or railway vehicle, aircraft, ship, pipeline or any other contrivance that is or may be used to transport persons or goods.
“Minister”(from the Act) means the Minister of Transport.
“mist” means a mixture of liquid particles and air in which 90 per cent or more of the liquid particles have a diameter not greater than 10 µm.

The concentration of these suspended particles in air is measured as milligrams of liquid particles per litre of air (mg/L).

“net explosives quantity” means the net mass of explosives, excluding the mass of any means of containment. (SOR/2008-34, s. 4(3))

Some explosives are articles and depend on the means of containment to achieve an explosive effect. This definition clarifies that, even in such a case, only the mass of explosives is counted. For fireworks, when the net explosives quantity is unknown, it can be calculated using special provision 4 or 5 of Schedule 2. (SOR/2008-34, s. 4(3))

“offer for transport” means, for dangerous goods not in transport, to select or allow the selection of a carrier to transport the dangerous goods, to prepare or allow the preparation of the dangerous goods so that a carrier can take possession of them for transport or to allow a carrier to take possession of the dangerous goods for transport.
“organization”(This definition reproduces the definition of “organization” in section 2 of the Criminal Code as incorporated in section 2 of the Act.) means
(a) a public body, body corporate, society, company, firm, partnership, trade union or municipality; or
(b) an association of persons that
(i) is created for a common purpose,
(ii) has an operational structure, and
(iii) holds itself out to the public as an association of persons.
(SOR/2012-245, s. 4(3))
“overpack” means an enclosure that is used by a single consignor to consolidate one or more small means of containment for ease of handling but that is not a minimum required means of containment. This definition does not include a large means of containment or a unit load device, as defined in the ICAO Technical Instructions, that is intended for transport by aircraft.

Examples of overpacks include
(a) a pallet on which are placed or stacked one or more small means of containment that are secured by straps, shrink wrap, stretch wrap, nets or other similar means; and
(b) a disposable box, crate or bin in which one or more small means of containment are placed.
(SOR/2014-159, s. 4(2))
“packing group” means a group in which dangerous goods are included based on the inherent danger of the dangerous goods; Packing Group I indicates great danger, Packing Group II indicates medium danger and Packing Group III indicates minor danger.
“passenger” means
(a) for a ship, a person defined as a passenger in the “Canada Shipping Act”; and
(b) for a road vehicle, a railway vehicle or an aircraft, a person carried on board the means of transport but does not include
(i) a crew member,
(ii) a person who is accompanying dangerous goods or other cargo,
(iii) an operator, owner or charterer of the means of transport,
(iv) an employee of the operator, owner or charterer of the means of transport, who is acting in the course of employment, or
(v) a person carrying out inspection or investigation duties under an Act of Parliament or of a provincial legislature.
“passenger carrying aircraft” means an aircraft that is carrying one or more passengers.
“passenger carrying railway vehicle” means a railway vehicle that is carrying one or more passengers.
“passenger carrying road vehicle” means a road vehicle that is carrying one or more passengers.
“passenger carrying ship” means a ship that is carrying
(a) for the purposes of the provisions of these Regulations that refer to dangerous goods other than explosives,
(i) more than 25 passengers, or
(ii) more than one passenger for each 3 m of the length of the ship; and
(b) for the purposes of the provisions of these Regulations that refer to explosives,
(i) more than 12 passengers, and
(ii) more than one passenger for each 3 m of the length of the ship.
“permit for equivalent level of safety” means an authorization issued under section 31 of the Act to conduct an activity in compliance with the conditions of that authorization instead of with the requirements of these Regulations.
“person”(from the Act) means an individual or an organization. (SOR/2012-245, s. 4(2))
“prescribed”(from the Act) means prescribed by regulations of the Governor in Council.
“primary class” means the first class shown in column 3 of Schedule 1.
“protective direction” means a direction issued under section 32 of the Act to cease an activity or to conduct other activities to reduce any danger to public safety.
“public safety”(from the Act) means the safety of human life and health and of property and the environment.
“railway vehicle” means any vehicle that is designed to be drawn or propelled on rails by any power other than muscle power and that is being prepared for use or being used on rails.
“risk group” Repealed. (SOR/2008-34, ss. 4(1)-(2))
“road vehicle” means any vehicle that is designed to be drawn or propelled on land, including on ice roads, by any power other than muscle power and includes a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine, but does not include a railway vehicle that operates exclusively on rails. (SOR/2008-34, s. 4(3))
“roll-on roll-off ship” means a ship
(a) with one or more decks that are closed or open, normally not subdivided in any way and that generally run the entire length of the ship; and
(b) onto or from which persons embark or disembark or goods or vehicles are loaded or unloaded, normally in a horizontal direction.
“safety mark”(from the Act) includes a design, symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of these things, that is to be displayed
(a) on dangerous goods, on means of containment or transport used in handling, offering for transport or transporting dangerous goods, or at facilities used in those activities; and
(b) to show the nature of the danger or to indicate compliance with the safety standardsprescribed for the means of containment or transport or the facilities.

See also certification safety mark and dangerous goods safety mark.

“safety requirements”(from the Act) means requirements for handling, offering for transport or transporting dangerous goods, for reporting those activities and for training persons engaged in those activities.
“safety standards”(from the Act) means standards regulating the design, construction, equipping, functioning or performance of means of containment or facilities used or intended to be used in handling, offering for transport or transporting dangerous goods.
“ship”(from the Act) includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion.
“shipping document” means a document that relates to dangerous goods that are being handled, offered for transport or transported and that contains the information required by Part 3, Documentation, relating to the goods but does not include an electronic record.
“shipping name” means an entry in upper case letters (capitals) in column 2 of Schedule 1, but does not include any lower case descriptive text except for the purpose of determining the classification of dangerous goods.
“shipping record”(from the Act) means a record that relates to dangerous goods being handled, offered for transport or transported and that describes or contains information relating to the goods, and includes electronic records of information.
“short-run ferry” means a ship that is operating over the most direct water route between two points not more than 3 km apart.
“small means of containment” means a means of containment with a capacity less than or equal to 450 L. (SOR/2008-34, s. 4(3))

450 L is equivalent to 0.45 m3 or 15.9 ft3.

“solid” means a substance that is not a liquid or a gas.
“special provision” means an item of Schedule 2 referred to in column 5 of Schedule 1.
“standardized means of containment”(from the Act) means a means of containment in relation to which a safety standard has been prescribed.
“subsidiary class” means a class shown in parentheses in column 3 of Schedule 1.
“substance” includes an article.
“Supplement to the ICAO Technical Instructions” Repealed. (SOR/2014-152, s. 3)
“technical name” means the chemical name or another name currently used in a scientific or technical handbook, journal or text but does not include a trade name.
“train” means
(a) a train as defined in the “Canadian Rail Operating Rules”, published by The Railway Association of Canada and approved by the Minister under the “Railway Safety Act” on January 16, 1990, as amended to July 1, 2000; or
(b) a number of railway vehicles coupled together moving at a velocity exceeding 24 km/h (15 mph) with at least one railway vehicle providing propulsion and at least one railway vehicle containing dangerous goods for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks.
“transport index” has the same meaning as determined under the “Packaging and Transport of Nuclear Substances Regulations”.
“tube” means a large means of containment that is cylindrical in shape and that is capable of withstanding an internal absolute pressure of 12.4 MPa.
“Type 1A means of containment” means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type 1A means of containment or, if it is manufactured outside Canada, is in compliance with the requirements of Chapter 6.3 of the UN Recommendations and the national regulations of the country of manufacture. (SOR/2008-34, s. 4(5))
“Type 1B means of containment” means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type 1B means of containment and with the additional requirements of section 5.16.1 of Part 5, Means of Containment. (SOR/2008-34, s. 4(5))
“Type 1C means of containment” means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type 1C means of containment. (SOR/2008-34, s. 4(5))
“UN number” means an entry in column 1 of Schedule 1.
“UN Recommendations” means the “Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN). (SOR/2014-159, s. 4(1))
“UN standardized means of containment” means a means of containment that meets the requirements set out in section 5.6 of Part 5, Means of Containment.
“vapour” means the dispersion in air of imperceptible particles of a substance that is liquid or solid in its normal state.

For example, water vapour or benzene vapour.

“water capacity” Repealed. (SOR/2008-34, s. 4(1))

• • •

Part 6 — Training


Definitions
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
accidental release
aircraft
certification safety mark
49 CFR
classification
dangerous goods
dangerous goods safety mark
emergency
emergency response assistance plan or ERAP or ERP
employer
handling
ICAO Technical Instructions
IMDG Code
imminent accidental release
inspector
means of containment
offer for transport
person
public safety
railway vehicle
road vehicle
safety requirements
safety standards
ship
shipping documents
shipping name
train



6.1. Training Certificate Requirements.
(1) A person who handles, offers for transport or transports dangerous goods must
(a) be adequately trained and hold a training certificate in accordance with this Part; or
(b) perform those activities in the presence and under the direct supervision of a person who is adequately trained and who holds a training certificate in accordance with this Part.
(2) An employer must not direct or allow an employee to handle, offer for transport or transport dangerous goods unless the employee
(a) is adequately trained and holds a training certificate in accordance with this Part; or
(b) performs those activities in the presence and under the direct supervision of a person who is adequately trained and who holds a training certificate in accordance with this Part.


6.2. Adequate Training. A person is adequately trained if the person has a sound knowledge of all the topics listed in paragraphs (a) to (m) that relate directly to the person’s duties and to the dangerous goods the person is expected to handle, offer for transport or transport:
(a) the classification criteria and test methods in Part 2, Classification;
(b) shipping names;
(c) the use of Schedules 1, 2 and 3;
(d) the shipping document and train consist requirements in Part 3, Documentation;
(e) the dangerous goods safety marks requirements in Part 4, Dangerous Goods Safety Marks;
(f) the certification safety marks requirements, safety requirements and safety standards in Part 5, Means of Containment;
(g) the emergency response assistance plan requirements in Part 7, Emergency Response Assistance Plan;
(h) the report requirements in Part 8, Accidental Release and Imminent Accidental Release Report Requirements;
(i) safe handling and transportation practices for dangerous goods, including the characteristics of the dangerous goods;
(j) the proper use of any equipment used to handle or transport the dangerous goods;
(k) the reasonable emergency measures the person must take to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from an accidental release of the dangerous goods;
(l) for air transport, the aspects of training set out in Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions for the persons named in that Chapter and the requirements in Part 12, Air, of these Regulations; and (SOR/2002-306, s. 29)
The ICAO Technical Instructions require the approval of training programmes for air carriers. Information may be obtained from the Chief, Dangerous Goods Standards, Civil Aviation, Transport Canada.

(m) for marine transport, the requirements set out in the IMDG Code and the “Dangerous Goods Shipping Regulations”, as applicable, and the requirements in Part 11, Marine, of these Regulations.


6.3. Issuance and Contents of a Training Certificate.
(1) An employer who has reasonable grounds to believe that an employee is adequately trained and will perform duties to which the training relates must issue a training certificate to the employee that includes the following information:
(a) the name and address of the place of business of the employer;
The place of business could be a local office, a regional office or a head office.

(b) the employee’s name;
(c) the date the training certificate expires, preceded by the words “Expires on” or “Date d’expiration”; and
(d) the aspects of handling, offering for transport or transporting dangerous goods for which the employee is trained, including the specific topics set out in section 6.2.

Examples of how aspects of training may be shown on a certificate are:
All aspects of handling and transporting chlorine
All aspects of transporting dangerous goods included in Class 1
All aspects of acceptance procedures for transporting by air
All aspects of handling and transporting propane by ship
(2) A self-employed person who has reasonable grounds to believe that he or she is adequately trained and who will perform duties to which the training relates must issue to himself or herself a training certificate that includes the information required by subsection (1).
(3) The training certificate must be signed
(a) by the employee and by the employer or another employee acting on behalf of the employer; or
(b) in the case of a self-employed person, by that person.
(4) Despite subsection (1), if the employer of a person who is a member of a ship’s complement has reasonable grounds to believe that the person’s certificate of competency issued in accordance with the “Marine Certification Regulations” is acceptable evidence that the person is adequately trained, the employer is not required to issue the training certificate. The certificate of competency is a valid training certificate for the purposes of these Regulations when the certificate of competency is valid in Canada.


6.4. Foreign Carriers.
(1) A document that is issued to a driver of a road vehicle licensed in the United States or to a member of the crew of a train subject to 49 CFR for the transportation of dangerous goods and that indicates that the driver or the crew member is trained in accordance with sections 172.700 to 172.704 of 49 CFR is a valid training certificate for the purposes of these Regulations when that document is valid in the United States.
(2) A document that is issued to a foreign member of the flight crew of an aircraft registered in a country that is a Member State of the International Civil Aviation Organization and that indicates that the crew member is trained to transport dangerous goods by air is a valid training certificate for the purposes of these Regulations, in accordance with Article 33 of the Convention on International Civil Aviation, when that document is valid in the Member State.
(3) A document that is issued to a foreign member of the crew of a ship registered in a country that is a Member State of the International Maritime Organization and that indicates that the crew member is trained to transport dangerous goods by ship is a valid training certificate for the purposes of these Regulations when that document is valid in the Member State.


6.5. Expiry of a Training Certificate. A training certificate expires
(a) for transport by aircraft, 24 months after its date of issuance; and
(b) for transport by road vehicle, railway vehicle or ship, 36 months after its date of issuance.
A person’s training should be up-to-date with these Regulations which, in turn, incorporate by reference other documents such as the ICAO Technical Instructions, the IMDG Code and the “Dangerous Goods Shipping Regulations”. Consequently, additional training may have to be undertaken if regulatory changes applicable to the person’s duties occur before the training certificate expires.


6.6. Keeping Proof of Training: Employer’s and Self-employed Person’s Responsibility. An employer or a self-employed person must keep a record of training or a statement of experience, as well as a copy of a training certificate, in electronic or paper form, beginning on the date the training certificate is issued and continuing until two years after the date it expires.


6.7. Showing Proof of Training: Employer’s and Self-employed Person’s Responsibility. Within 15 days after the date of a written request by an inspector, the employer of a person who holds a training certificate or a self-employed person must provide a copy of the training certificate to the inspector and, if applicable, a copy of the record of training or the statement of experience and a description of the training material used in the person’s training.


6.8. Showing Proof of Training: Trained Person’s Responsibility. A person who handles, offers for transport or transports dangerous goods, or who directly supervises another person engaged in these activities, must give his or her training certificate, or a copy of it, to an inspector immediately on request.

• • •

Part 9 — Road


Definitions
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
aircraft
carrier
49 CFR
classification
consignment
consignor
dangerous goods
dangerous goods safety mark
emergency response assistance plan or ERAP or ERP
handling
ICAO Technical Instructions
IMDG Code
large means of containment
means of containment
person
road vehicle
ship
shipping document
shipping name
UN Recommendations

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


9.1. Transporting Dangerous Goods from the United States into or through Canada.
Consignments of dangerous goods that originate in the United States are subject to expert inspection by U.S. inspectors. These consignments can be transported in Canada under the requirements of 49 CFR. However, consignments that originate in Canada are not permitted under these Regulations to be transported in Canada under 49 CFR only, because these consignments are not subject to expert inspection by U.S. inspectors.
(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, a person may handle or transport dangerous goods by road vehicle from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada in accordance with the classification, marking, labelling, placarding and documentation requirements of 49 CFR, if
(a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes
(i) when dangerous goods are transported to a place in Canada, the name and address of the place of business in Canada of the consignor,
The consignor in this case is the consignee in Canada.

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

(iii) the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name “Consumer commodity”, and (SOR/2008-34, s. 78(1))
(iv) in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; (SOR/2008-34, s. 78(2))
(b) the person complies with the following sections in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) section 3.7, Location of a Shipping Document: Road, and
(iii) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation; and (SOR/2008-34, s. 78(2))
(c) on or after August 31, 2008, the labels and placards displayed for dangerous goods included in Class 2.3 or Class 6.1 are the labels and placards required in these Regulations for the dangerous goods. The labels and placards may be displayed before August 31, 2008. (SOR/2008-34, s. 78(2))
(2) Subsection (1) does not apply to dangerous goods that
(a) are forbidden for transport by these Regulations;
(b) are not regulated by 49 CFR but are regulated by these Regulations;
(c) are transported under an exemption issued in accordance with Subpart B of Part 107 of 49 CFR; or
(d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.
(SOR/2008-34, s. 78(3))


9.2. Transporting Dangerous Goods to or from an Aircraft, an Aerodrome or an Air Cargo Facility.
(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, if transport has been or is to be by aircraft, a person may handle or transport dangerous goods by road vehicle to or from an aircraft, an aerodrome or an air cargo facility in accordance with the classification, marking, labelling, and documentation requirements of the ICAO Technical Instructions, if
(a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and
(b) the person complies with the following provisions in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
(iii) section 3.7, Location of a Shipping Document: Road, and
(iv) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.
(SOR/2002-306, s. 32(1))
(2) Subsection (1) does not apply if these Regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the ICAO Technical Instructions but are regulated by these Regulations.
(3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility, 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. (SOR/2008-34, s. 79)


9.3. Transporting Dangerous Goods to or from a Ship, a Port Facility or a Marine Terminal.
(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, if transport has been or is to be by ship, a person may handle or transport by road vehicle an international consignment of dangerous goods to or from a ship, a port facility or a marine terminal in accordance with the classification, marking, labelling, placarding and documentation requirements of the IMDG Code if
(a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and
(b) the person complies with the following provisions in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
(iii) section 3.7, Location of a Shipping Document: Road, and
(iv) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.
(SOR/2002-306, s. 33)
(2) Subsection (1) does not apply if these Regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the IMDG Code but are regulated by these Regulations.
(3) When dangerous goods are transported in a large means of containment to or from a ship, a port facility or a marine terminal, the large means of containment must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks, or the IMDG Code. (SOR/2012-245, s. 23)


9.4. Reshipping in Canada.
(1) When a consignment of dangerous goods is transported from a place outside Canada to a place in Canada and is reshipped within Canada by road vehicle, the dangerous goods safety marks displayed in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code at the time of entry into Canada may continue to be displayed, except that the large means of containment containing the dangerous goods must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.
If the dangerous goods are not regulated in Canada, the placards are not required to be displayed on the large means of containment. (SOR/2012-245, s. 24)
(2) The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code, if they differ from the ones required to be displayed by Part 4, Dangerous Goods Safety Marks.


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 be less than or equal to the following limits:
(a) 25 kg if any of the explosives are UN0190, SAMPLES, EXPLOSIVE;
(b) 2 000 kg if any of the explosives are included in Class 1.1A; and
(c) 20 000 kg.
(SOR/2008-34, s. 81)


Part 10 — Rail


Definitions
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
aircraft
carrier
49 CFR
class
classification
consignment
consignor
dangerous goods
dangerous goods safety mark
emergency response assistance plan or ERAP or ERP
handling
ICAO Technical Instructions
IMDG Code
large means of containment
means of containment
person
railway vehicle
ship
shipping document
shipping name
train
UN Recommendations

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


10.1. Transporting Dangerous Goods from the United States into or through Canada.
Consignments of dangerous goods that originate in the United States are subject to expert inspection by U.S. inspectors. These consignments can be transported in Canada under the requirements of 49 CFR. However, consignments that originate in Canada are not permitted under these Regulations to be transported in Canada under 49 CFR only, because these consignments are not subject to expert inspection by U.S. inspectors.
(1) Despite the requirements in Part 2, Classification, Part 3, Documentation and Part 4, Dangerous Goods Safety Marks, a person may handle or transport dangerous goods by railway vehicle from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada in accordance with the classification, marking, labelling, placarding and documentation requirements of 49 CFR if
(a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes
(i) when dangerous goods are transported to a place in Canada, the name and address of the place of business in Canada of the consignor,
The consignor in this case is the consignee in Canada.

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

(iii) the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name “Consumer commodity”, and (SOR/2008-34, s. 83(1))
(iv) in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; (SOR/2008-34, s. 83(2))
(b) the person complies with the following sections in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) section 3.8, Location of a Shipping Document and Consist: Rail, and
(iii) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation; and (SOR/2008-34, s. 83(2))
(c) on or after August 31, 2008, the labels and placards displayed for dangerous goods included in Class 2.3 or 6.1 are the labels and placards required in these Regulations for the dangerous goods. The labels or placards may be displayed before August 31, 2008. (SOR/2008-34, s. 83(2))
(2) Subsection (1) does not apply to dangerous goods that
(a) are forbidden for transport by these Regulations;
(b) are not regulated by 49 CFR but are regulated by these Regulations;
(c) are transported under an exemption issued in accordance with Subpart B of Part 107 of 49 CFR; or
(d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.
(SOR/2008-34, s. 83(3))


10.2. Transporting Dangerous Goods to or from an Aircraft, an Aerodrome or an Air Cargo Facility.
(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, if transport has been or is to be by aircraft, a person may handle or transport dangerous goods by railway vehicle to or from an aircraft, an aerodrome or an air cargo facility in accordance with the classification, marking, labelling and documentation requirements of the ICAO Technical Instructions, if
(a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and
(b) the person complies with the following provisions in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
(iii) section 3.8, Location of a Shipping Document and Consist: Rail, and
(iv) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.
(SOR/2002-306, s. 35(1))
(2) Subsection (1) does not apply if these Regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the ICAO Technical Instructions but are regulated by these Regulations.
(3) When dangerous goods are transported to or from an aircraft, an aerodrome or an air cargo facility, 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. (SOR/2008-34, s. 84)


10.3. Transporting Dangerous Goods to or from a Ship, a Port Facility or a Marine Terminal.
(1) Despite the requirements in Part 2, Classification, Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, if transport has been or is to be by ship, a person may handle an international consignment of dangerous goods or transport it by railway vehicle to or from a ship, a port facility or a marine terminal in accordance with the classification, marking, labelling, placarding and documentation requirements of the IMDG Code if
(a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, in accordance with section 3.6 of Part 3, Documentation, the emergency response assistance plan reference number and the telephone number to call to activate the plan when an emergency response assistance plan is required under Part 7, Emergency Response Assistance Plan, for the dangerous goods shown on the shipping document; and
(b) the person complies with the following provisions in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
(iii) section 3.8, Location of a Shipping Document and Consist: Rail, and
(iv) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation.
(SOR/2002-306, s. 36)
(2) Subsection (1) does not apply if these Regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the IMDG Code but are regulated by these Regulations.
(3) When dangerous goods are transported in a large means of containment to or from a ship, a port facility or a marine terminal, the large means of containment must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks, or the IMDG Code. (SOR/2012-245, s. 25)


10.4. Reshipping in Canada.
(1) When a consignment of dangerous goods is transported from a place outside Canada to a place in Canada and is reshipped within Canada by railway vehicle, the dangerous goods safety marks displayed in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code at the time of entry into Canada may continue to be displayed, except that the large means of containment containing the dangerous goods must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks.
If the dangerous goods are not regulated in Canada, the placards are not required to be displayed on the large means of containment. (SOR/2012-245, s. 26)
(2) The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code, if they differ from the ones required to be displayed by Part 4, Dangerous Goods Safety Marks.


10.5. Repealed. (SOR/2008-34, s. 86)


10.6. Location of Placarded Railway Vehicle in a Train.
(1) Unless it is likely to have a serious impact on train dynamics, a person must not, in a train, locate a railway vehicle that contains dangerous goods described in column 1 of the table to this subsection for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks, next to a railway vehicle described in the same row in column 2.
Table

Column 1Column 2
ItemDangerous GoodsRailway vehicle
1.Any class of dangerous goods (a) an operating engine or an engine tender unless all the railway vehicles in the train, other than engines, tenders and cabooses, have placards displayed on them;
(b) an occupied railway vehicle unless all the other railway vehicles in the train, other than engines, tenders and cabooses, are occupied or have placards displayed on them;
(c) a railway vehicle that has a continual source of ignition; or
(d) any open railway vehicle,
(i) when the lading protrudes beyond the railway vehicle and may shift during transport, or
(ii) when the lading is higher than the top of the railway vehicle and may shift during transport.
2.Dangerous goods included in Class 1.1 or Class 1.2Any railway vehicle that is required to have a placard displayed on it for Class 2, 3, 4 or 5.
3.UN1008, BORON TRIFLUORIDE COMPRESSEDAny railway vehicle that is required to have a placard displayed on it for Class 1, 2, 3, 4 or 5 unless the railway vehicle next to it contains the same dangerous goods.
UN1026, CYANOGEN
UN1051, HYDROGEN CYANIDE, STABILIZED
UN1067, DINITROGEN TETROXIDE or NITROGEN DIOXIDE
UN1076, PHOSGENE
UN1589, CYANOGEN CHLORIDE, STABILIZED
UN1614, HYDROGEN CYANIDE, STABILIZED
UN1660, NITRIC OXIDE, COMPRESSED
UN1911, DIBORANE, COMPRESSED
UN1975, NITRIC OXIDE AND DINITROGEN TETROXIDE MIXTURE or NITRIC OXIDE AND NITROGEN DIOXIDE MIXTURE
UN2188, ARSINE
UN2199, PHOSPHINE
UN2204, CARBONYL SULPHIDE or CARBONYL SULFIDE
UN3294, HYDROGEN CYANIDE, SOLUTION IN ALCOHOL

(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.
(SOR/2008-34, s. 87)


10.7. Coupling of Railway Vehicles.
(1) A person must not couple a railway vehicle with another railway vehicle at a relative coupling speed greater than 9.6 km/h (6 mph) if either of the railway vehicles that make contact on coupling contains dangerous goods for which a placard is required to be displayed in accordance with Part 4, Dangerous Goods Safety Marks.
(2) Despite subsection (1), a person may couple a single railway vehicle moving under its own momentum at a relative coupling speed less than or equal to 12 km/h (7.5 mph) when the ambient temperature is above -25°C.
(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 (SOR/2008-34, s. 88(1))
(a) visually inspect the underframe assembly and coupling and cushioning components of the tank car to ensure their integrity before the tank car is moved more than 2 km from the place where the coupling occurred; and (SOR/2008-34, s. 88(1))
(b) report, in writing, to the owner of the tank car within 10 days after the coupling and include a copy of the text of this section and information about any damage that compromises the integrity of the underframe assembly or draft gear of the tank car discovered as a result of the inspection.

Table
(added by SOR/2008-34, s. 88(2))

Column 1Column 2Column 3
ItemCombined Coupling Mass: Tank Car and Other Railway Vehicle, and their Contents, in KilogramsAmbient Temperature: in Degrees CelsiusRelative Coupling Speed: in Kilometres per hour
1.> 150 000≤ -25> 9.6
2.> 150 000> -25> 12
3.≤ 150 000≤ -25> 12.9
4.≤ 150 000> -25> 15.3

(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
(a) a visual inspection and a structural integrity inspection in accordance with clause 9.5.6(a) and clause 9.5.7 of TP14877; and (SOR/2014-152, s. 26)
(b) for a tank car equipped with a stub sill, a stub sill inspection covering at least the following areas:
(i) the termination of the stub sill reinforcement pad closest to the mid-point of the tank car and associated welds for a 30 cm length from that point back towards the other end of the pad,
(ii) all welds
(A) connecting the head brace to the stub sill,
(B) between the head brace and the head reinforcement pad, and
(C) between the tank and the head reinforcement pad and, if the head reinforcement pad is connected to the stub sill reinforcement pad, 2.5 cm past that connection towards the centre of the tank,
(iii) all metal of the stub sill assembly, other than welds, from the body bolster to the coupler, and
(iv) the draft gear pocket.
(SOR/2008-34, s. 88(3))
(5) This section does not apply if either the tank car or the other railway vehicle that was 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. (SOR/2008-34, s. 88(3))


Part 11 — Marine


Background
Certain requirements in this Part must be complied with before dangerous goods are presented for transport by ship. The stowage and segregation requirements for a means of containment or a means of transport on board a ship are contained in the “Dangerous Goods Shipping Regulations”, which must be consulted.
As a consequence of the exclusion of “bulk” transport by ship in section 3 of the Act, these Regulations do not apply to dangerous goods confined only by the permanent structure of a ship.


There are some terms used in this Part that are not defined in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, but that were defined in the “Canada Shipping Act” and regulations made under that Act. The terms as they read immediately before that Act was repealed on July 1, 2007 were: (SOR/2008-34, s. 89)
harbour
home-trade voyage, Class I
inland voyage
master


Definitions
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
accidental release
carrier
class
consignor
dangerous goods
dangerous goods safety mark
handling
IMDG Code
imminent accidental release
in transport
means of containment
offer for transport
person
public safety
ship
shipping document



11.1. International Transport and Home-Trade Voyage, Class I, Transport.
(1) A person who handles, offers for transport or transports dangerous goods by ship must comply with the IMDG Code when the dangerous goods are in transport between
(a) Canada and another country, if the voyage is not an inland voyage;
(b) two points in Canada on a home-trade voyage, Class I; or
(c) two points outside Canada on board a ship registered in Canada.
(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: (SOR/2008-34, s. 90(1))
(a) the following provisions in Part 3, Documentation:
(i) section 3.2, Carrier Responsibilities,
(ii) subsection 3.4(1), Legibility and Language,
(iii) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
(iv) section 3.9, Location of a Shipping Document: Marine, and
(v) section 3.10, Location of a Shipping Document: Storage in the Course of Transportation;
(b) the following provisions in Part 4, Dangerous Goods Safety Marks:
(i) section 4.2, Misleading Dangerous Goods Safety Marks,
(ii) section 4.4, Consignor Responsibilities,
(iii) subsection 4.5(1), Carrier Responsibilities, and
(iv) section 4.6, Visibility, Legibility and Colour;
(c) the following provisions in Part 5, Means of Containment:
(i) section 5.2, Requirements for a Standardized Means of Containment to Be in Standard,
(ii) section 5.3, Certification Safety Marks on a Means of Containment,
(iii) section 5.6, UN Standardized Means of Containment, and
(iv) section 5.10, Means of Containment for Class 2, Gases, and section 5.11, UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES; and (SOR/2014-152, s. 27)
(d) Part 8, Accidental Release and Imminent Accidental Release Report Requirements.
(SOR/2002-306, s. 38)
(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. (SOR/2008-34, s. 90(3))


11.2. Domestic Transport. A person who handles, offers for transport or transports dangerous goods by ship between two points in Canada, other than on a home-trade voyage, Class I, must comply with these Regulations.


11.3. Transporting Dangerous Goods from One Country through Canada to Another Country. A person who transports dangerous goods by ship from one country through Canada to another country must comply with the IMDG Code and Part 8, Accidental Release and Imminent Accidental Release Report Requirements, of these Regulations.


11.4. Notification of the Loading or Unloading of Explosives or Ammonium Nitrate. At least 24 hours before 25 tonnes or more of explosives, other than explosives included in Class 1.4S, or 150 tonnes or more of ammonium nitrate, are to be loaded on or unloaded from a ship, the consignor of the dangerous goods or the consignor’s agent must notify the following of the intended loading or unloading and the place where the loading or unloading will take place:
(a) the Marine Safety Office of Transport Canada nearest to the place where the explosives or the ammonium nitrate is to be loaded or unloaded; and
(b) the harbour master at the port where the explosives or the ammonium nitrate is to be loaded or unloaded or, if there is no harbour master, the person responsible for the port.
This section applies to UN0222, UN0223, UN1942, UN2067, UN2068, UN2069, UN2070 and UN2426.


Part 12 — Air


Background
There are many air carriers who delegate to third parties some of the duties that are assigned to them in the ICAO Technical Instructions and in this Part.
There is nothing in these Regulations that hinders this practice but it should be noted by air carriers that delegating responsibility for certain duties does not include delegating liability for those duties. This means that if an air carrier contracts a third party to provide, for example, cargo handling, acceptance or loading activities, the approval programme for training mandated by the ICAO Technical Instructions and carried out by the Civil Aviation Directorate, Transport Canada, applies to those third party activities.
The ICAO Technical Instructions refers to the air carrier as the operator.


Definitions
(amended by SOR/2008-34, ss. 92(1)-(2))
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
accidental release
aircraft
biological product
cargo aircraft
carrier
Category A
Category B
certification safety mark
49 CFR
class
classification
compatibility group
consignment
consignor
cylinder
dangerous goods
dangerous goods safety mark
emergency response assistance plan or ERAP or ERP
flash point
gas
gross mass
handling
ICAO Technical Instructions
IMDG Code
imminent accidental release
infectious substance
inspector
in standard
in transport
large means of containment
liquid
means of containment
means of transport
net explosives quantity
offer for transport
packing group
passenger
passenger carrying aircraft
permit for equivalent level of safety
person
prescribed
primary class
protective direction
public safety
safety mark
safety requirements
shipping document
shipping name
small means of containment
solid
special provision
standardized means of containment
substance
Supplement to the ICAO Technical Instructions
technical name
UN number
UN standardized means of containment
vapour



International and Domestic Transport by Aircraft


12.1. General Requirements.
(1) A person who handles, offers for transport or transports dangerous goods by aircraft between Canada and another country must do so in accordance with the ICAO Technical Instructions and the following provisions of these Regulations:
(a) in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases,
(i) section 1.7, Safety Requirements, Documents, Safety Marks,
(ii) paragraphs 1.8(a) and (b), Prohibition: Explosives,
(iii) section 1.9, Use of the Most Recent Version of the ICAO Technical Instructions, the IMDG Code or 49 CFR,
(iv) section 1.12, Evidence: Safety Marks, Prescribed Documents,
(v) section 1.13, Defence: Due Diligence,
(vi) Repealed. (SOR/2002-306, s. 39(1))
(vii) section 1.20, National Defence, and
(viii) section 1.43, Class 7, Radioactive Materials;
(b) in Part 2, Classification,
(i) section 2.2, Responsibility for Classification,
(ii) section 2.36, Infectious Substances, (SOR/2008-34, s. 93)
(iii) section 2.37, General, Class 7, Radioactive Materials, and
(iv) subparagraphs 2.43(b)(iv) and (v), concerning classifying in Class 9 dangerous goods that are environmentally hazardous substances;
(c) in Part 3, Documentation,
(i) section 3.1, Consignor Responsibilities,
(ii) subsections 3.2(1), (2), (3), (5) and (6), Carrier Responsibilities,
(iii) subsection 3.4(1), Legibility and Language,
(iv) paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
(v) subsections 3.6(1) and (2), which require the emergency response assistance plan reference number and telephone number on a shipping document, and
(vi) section 3.11, Keeping Shipping Document Information;
(d) in Part 4, Dangerous Goods Safety Marks,
(i) section 4.2, Misleading Dangerous Goods Safety Marks,
(ii) section 4.4, Consignor Responsibilities,
(iii) subsection 4.5(1), Carrier Responsibilities,
(iv) subsection 4.7(1), Labels and Placards: Size and Orientation, and
(v) section 4.9, Removal of Dangerous Goods Safety Marks;
(e) in Part 5, Means of Containment,
(i) section 5.2, Requirements for a Standardized Means of Containment to Be in Standard,
(ii) section 5.3, Certification Safety Marks on a Means of Containment,
(iii) section 5.6, UN Standardized Means of Containment, and
(iv) section 5.10, Means of Containment for Class 2, Gases;
(f) Part 6, Training;
(g) Part 7, Emergency Response Assistance Plan;
(h) Part 8, Accidental Release and Imminent Accidental Release Report Requirements;
(i) Part 13, Protective Direction; and
(j) Part 14, Permit for Equivalent Level of Safety.
(2) A person who handles, offers for transport or transports dangerous goods by aircraft within Canada must do so in accordance with the ICAO Technical Instructions and the provisions of these Regulations referred to in subsection (1).
(3) Despite subsection (2), a person may handle, offer for transport or transport dangerous goods by aircraft within Canada in accordance with the requirements of sections 12.4 to 12.17.


12.2. Shipping Document. The shipping document for dangerous goods transported by aircraft must
(a) be completed in accordance with Chapter 4, Documentation, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions; and (SOR/2002-306, s. 40; 2008-34, s. 94)
(b) show the information required for the dangerous goods by the ICAO Technical Instructions on a document that has, on the left and right margins, red hatchings that are oriented to the right or to the left. (SOR/2008-34, s. 94)
(c) Repealed. (SOR/2008-34, s. 94)


12.3. Information to Pilot-in-command. Despite subsection 12.1(1), the following text replaces subsection 4.1.5 in section 4.1, Information to the pilot-in-command, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions:
“4.1.5. The information provided to the pilot-in-command must be presented on a dedicated form and not by means of air waybills, dangerous goods transport documents, invoices, etc.”
(SOR/2014-152, s. 29)


Domestic Transport by Aircraft


12.4. Explosives, Class 1.4S.
(1) A person may handle, offer for transport or transport by aircraft within Canada explosives included in Class 1.4S if (SOR/2008-34, s. 95(1))
(a) the person complies with the ICAO Technical Instructions, other than Part 4, Packing Instructions, and sections 1.1 to 1.3 of Chapter 1, General, sections 2.1 to 2.4.1 and 2.4.3 to 2.5 of Chapter 2, Package markings, Chapter 3, Labelling, and Chapter 4, Documentation, of Part 5, Shipper’s Responsibilities; (SOR/2002-306, s. 42)
(b) when the consignor is not the air carrier, the consignor notifies the air carrier of the presence of the explosives before offering them for transport;
(c) the explosives are one or more of the explosives set out in the following table:
Table

UN NumberShipping Name
UN0012CARTRIDGES FOR WEAPONS, INERT PROJECTILE, or CARTRIDGES, SMALL ARMS
UN0014CARTRIDGES FOR WEAPONS, BLANK, or CARTRIDGES, SMALL ARMS, BLANK
UN0055CASES, CARTRIDGE, EMPTY, WITH PRIMER
UN0323CARTRIDGES, POWER DEVICE
UN0405CARTRIDGES, SIGNAL

(d) the calibre of cartridges with the UN number UN0012 or UN0014 is
(i) less than 50 calibres, in the case of cartridges for rifles or pistols, or
(ii) greater than or equal to 8 gauge, in the case of cartridges for shotguns;
(e) the gross mass of each means of containment is less than or equal to 25 kg;
(f) the explosives are placed in an inner means of containment that is a box, in metal or plastic clips or in partitions that fit snugly in an outer means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; (SOR/2008-34, s. 95(2))
(g) the primers are protected from accidental initiation; and
(h) each of the outer means of containment is marked with the gross mass in kilograms and the words “Explosives — Excepted” or “Explosifs — Exceptés”, in letters at least 25 mm high and in a colour that contrasts with the background colour of the means of containment.
(2) Despite paragraph 1.1.2(n) of Chapter 1, Provisions for dangerous good carried by passengers or crew, of Part 8, Provisions Concerning Passengers and Crew, of the ICAO Technical Instructions, ammunition, or ammunition loaded in a firearm, with the UN number and shipping name UN0012, CARTRIDGES FOR WEAPONS, INERT PROJECTILE, or CARTRIDGES, SMALL ARMS, or UN0014, CARTRIDGES FOR WEAPONS, BLANK, or CARTRIDGES, SMALL ARMS, BLANK, may be transported on board an aircraft by a peace officer as defined in section 3 of the “Canadian Aviation Security Regulations, 2012” or by an in-flight security officer. (SOR/2014-152, s. 30)


12.5. Forbidden Explosives.
(1) A person may handle, offer for transport or transport by aircraft within Canada explosives that are forbidden for transport in any of columns 10 to 13 of Table 3-1, Dangerous Goods List, in Chapter 2, Arrangement of the dangerous goods list (Table 3-1), of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities, of the ICAO Technical Instructions if (SOR/2014-152, s. 31(1))
(a) the person complies with
(i) paragraphs 12.1(1)(a) to (j),
(ii) the quantity limits and the packing instructions set out in columns 10 to 13 of Table S-3-1, Supplementary Dangerous Goods List, in Chapter 2, Dangerous goods list, of Part S-3, Dangerous Goods List and Limited Quantities Exceptions, of the Supplement to the ICAO Technical Instructions, and (SOR/2014-152, s. 31(2))
(iii) the requirements of the ICAO Technical Instructions;
(b) the explosives are
(i) UN0030, DETONATORS, ELECTRIC for blasting,
(ii) UN0042, BOOSTERS without detonator,
(iii) UN0059, CHARGES, SHAPED without detonator,
(iv) UN0065, CORD, DETONATING, flexible,
(v) UN0081, EXPLOSIVE, BLASTING, TYPE A,
(vi) UN0082, EXPLOSIVE, BLASTING, TYPE B,
(vii) UN0083, EXPLOSIVE, BLASTING, TYPE C,
(viii) UN0084, EXPLOSIVE, BLASTING, TYPE D,
(ix) UN0241, EXPLOSIVE, BLASTING, TYPE E,
(x) UN0331, EXPLOSIVE, BLASTING, TYPE B,
(xi) UN0332, EXPLOSIVE, BLASTING TYPE E, or
(xii) UN0360, DETONATOR ASSEMBLIES, NON-ELECTRIC for blasting;
(c) the explosives
(i) are not included in compatibility group A,
(ii) have not deteriorated or been damaged,
(iii) do not have an active means of initiation and are not primed for use, and
(iv) are in a means of containment that is required for them by the packing instructions set out in Chapter 3, Class 1 — Explosives, of Part S-4, Packing Instructions, of the Supplement to the ICAO Technical Instructions; and (SOR/2014-152, s. 31(3))
(d) there are no other dangerous goods transported on board the aircraft at the same time as the explosives.
(2) The consignor of the explosives must
(a) notify the air carrier, in writing, of the shipping name, UN number, primary class and compatibility group of the explosives at least 48 hours before the explosives are loaded on the aircraft;
(b) keep a copy of the notification to the air carrier for two years after the date the notification is sent to the air carrier; and
(c) notify the consignee at least 24 hours before the explosives are transported of the expected time of transport unless the consignor and the air carrier agree that the air carrier will notify the consignee of the expected time of transport when the air carrier gives the consignor written agreement to transport the explosives.
(3) The air carrier must, at least 24 hours before transporting the explosives,
(a) give the consignor written agreement to transport the explosives and keep a copy of this agreement for two years after the date the notification referred to in paragraph (2)(a) is sent to the consignor; and
(b) notify each aerodrome operator listed on the flight plan of the intended time of departure, arrival and technical stops, if any.
(4) The notification referred to in paragraph (2)(a) and the agreement referred to in paragraph (3)(a) are valid for any subsequent transport of the explosives for two years beginning on the date that the notification and the agreement were made unless any of the information required in them changes. (SOR/2002-306, s. 43(3))


12.6. Handling and Transporting of Toxic and Infectious Substances. 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 if (SOR/2008-34, s. 96)
(a) the person complies with
(i) paragraphs 12.1(1)(a) to (j), and
(ii) the ICAO Technical Instructions, other than section 2.8, Stowage of toxic and infectious substances, of Chapter 2, Storage and loading, of Part 7, Operator’s Responsibilities; and (SOR/2002-306, s. 44)
(b) the dangerous goods are
(i) transported by cargo aircraft or passenger carrying aircraft referred to in Subpart 4 of Part VI and Subparts 1 to 4 of Part VII of the “Canadian Aviation Regulations”,
(ii) placed in a non-permeable or sift-proof overpack that has displayed on it the markings required for an overpack by the ICAO Technical Instructions, and
(iii) located in an area of the aircraft that is not readily accessible to passengers.


12.7. Repealed. (SOR/2008-34, s. 97)


12.8. Packing Instruction Y963. (SOR/2014-152, s. 32(1))
(1) A person may handle, offer for transport or transport by aircraft within Canada dangerous goods that are aerosols included in Class 2.1 or 2.2, are UN3175, SOLIDS CONTAINING FLAMMABLE LIQUID, N.O.S., or are included in Class 3 and Packing Group II or III or in Class 6.1 and Packing Group III, if
(a) the person complies with
(i) paragraphs 12.1(1)(a) to (j), and
(ii) the ICAO Technical Instructions, other than Chapter 2, Package markings, Chapter 3, Labelling, and Chapter 4, Documentation, of Part 5, Shipper’s Responsibilities, and paragraphs (j) and (l) of Packing Instruction Y963 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions; (SOR/2014-152, s. 32(2))
(b) when the dangerous goods are liquid,
(i) the quantity for Class 3, Packing Group II, is less than or equal to
(A) 1 L in a metal inner means of containment, except for UN1263, PAINT or PAINT RELATED MATERIAL, in which case the quantity may be less than or equal to 5 L, or
(B) 500 mL in a glass, earthenware or plastic inner means of containment, and
(ii) the quantity for Class 3, Packing Group III, and for Class 6.1, Packing Group III, is less than or equal to
(A) 5 L in a metal inner means of containment, or
(B) 500 mL in a glass, earthenware or plastic inner means of containment; and
(c) when the dangerous goods are solid, the quantity is less than or equal to 5 kg in an inner means of containment.
(2) The person who offers for transport the dangerous goods must, on each small means of containment that contains the dangerous goods, (SOR/2003-273, s. 9(1))
(a) mark the words “Air Transport, 12.8, Consumer commodity” or “Transport aérien, 12.8, produit de consommation” in letters at least 25 mm high and in a colour that contrasts with the background colour of the means of containment; and (SOR/2003-273, s. 9(1))
(b) for liquids, except flammable liquids in a quantity less than or equal to 120 mL, display on two opposite sides of the means of containment a package orientation label illustrated in Figure 5-26 of Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions. (SOR/2014-152, s. 32(3))
(3) Despite subsection (2), the dangerous goods safety marks that are required by that subsection to be marked or displayed on a small means of containment are not required to be marked or displayed on a small means of containment that is inside another small means of containment if the other small means of containment is not opened during loading or unloading or while the dangerous goods are in transport. (SOR/2003-273, s. 9(2))


12.9. Limited Access.
General
(1) An air carrier may handle, offer for transport or transport by aircraft within Canada the dangerous goods referred to in subsections (2) to (12) if
(a) the air carrier complies with subsections (2) to (14);
(b) the air carrier complies with the following requirements in the ICAO Technical Instructions:
(i) wherever practicable, section 5.1, Information to passengers, of Chapter 5, Provisions concerning passengers and crew, of Part 7, Operator’s Responsibilities, (SOR/2002-306, s. 47(1))
(ii) section 2.4, Loading and securing of dangerous goods, and section 2.5, Damaged packages of dangerous goods, of Chapter 2, Storage and loading, of Part 7, Operator’s Responsibilities, (SOR/2002-306, s. 47(1))
(iii) section 3.1, Inspection for damage or leakage, of Chapter 3, Inspection and decontamination, of Part 7, Operator’s Responsibilities, (SOR/2002-306, s. 47(1))
(iv) when the person loading or supervising the loading of the dangerous goods on board the aircraft is not a crew member,
(A) section 4.1, Information to the pilot-in-command, except for packing group, number of packages and identification of the aerodrome, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, and (SOR/2002-306, s. 47(2))
(B) in the case of dangerous goods transported by helicopter, the information required in clause (A) is provided to a person identified in the air carrier’s Operations Manual rather than the pilot-in-command,
(v) section 4.2, Information to be provided to employees, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, (SOR/2014-152, s. 33(1))
(vi) wherever practicable, section 4.7, Cargo acceptance areas — provision of information, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, and (SOR/2002-306, s. 47(3))
(vii) Table 7-1, “Segregation between packages”, of Chapter 1, Acceptance procedures, of Part 7, Operator’s Responsibilities; (SOR/2014-152, s. 33(2))
(c) the dangerous goods are
(i) transported by cargo aircraft or passenger carrying aircraft referred to in Subpart 4 of Part VI and Subparts 1 to 4 of Part VII of the “Canadian Aviation Regulations”,
(ii) transported to or from a location where access is limited and there is no other practical or readily available means of transport to transport the dangerous goods, and
(iii) contained in a means of containment that has displayed on it the package markings and labels required by Chapter 2, Package markings, except for section 2.4.2, and required by Chapter 3, Labelling, except for section 3.2.12, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions; (SOR/2014-152, s. 33(3))
(d) when the dangerous goods are Class 2.1, Flammable Gases, or Class 3, Flammable Liquids, smoking is prohibited on board the aircraft and the aircraft and each area or compartment of the aircraft containing the dangerous goods is ventilated to prevent the accumulation of vapours;
(e) when the dangerous goods are transported on a passenger carrying aircraft, where practicable, they are secured in an area of the aircraft so that they are not readily accessible to the passengers;
(f) the person who handles, offers for transport or transports the dangerous goods is trained in accordance with Part 6, Training, of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions; and (SOR/2002-306, s. 47(5))
(g) the person who has possession of the dangerous goods complies with Part 8, Accidental Release and Imminent Accidental Release Report Requirements, of these Regulations.

Class 3, Flammable Liquids
(2) The requirements in subsections (3) to (6) apply to dangerous goods that are included in Class 3, Flammable Liquids, and that are
(a) UN1202, GAS OIL or DIESEL FUEL or HEATING OIL, LIGHT;
(b) UN1203, GASOLINE or MOTOR SPIRIT or PETROL;
(c) UN1219, ISOPROPANOL or ISOPROPYL ALCOHOL;
(d) UN1223, KEROSENE;
(e) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S., Packing Groups II and III only; or
(f) UN1863, FUEL, AVIATION, TURBINE ENGINE, Packing Groups II and III only.
(3) When the Class 3, Flammable Liquids, referred to in subsection (2) are
(a) contained in a small means of containment that is a drum, the drum must be securely closed and marked with one of the following manufacturer’s permanent markings when the drum has a capacity greater than 25 L and less than or equal to 230 L: TC, CTC, DOT, ICC 5A, 5B, 5C, 17C, 17E, TC-34, CTC-34, DOT-34, UN 1A1, UN 1B1, UN 1H1 or UN 6HA; or (SOR/2008-34, s. 98(3))
(b) contained in a small means of containment that is not a drum, the small means of containment must be securely closed and
(i) marked with one of the following manufacturer’s permanent markings when the small means of containment has a capacity less than or equal to 25 L: UN 3A1, UN 3H1, UL or ULC, (SOR/2008-34, s. 98(4))
(ii) marked in accordance with ASTM F 852, or
(iii) an unmarked steel marine fuel tank of a type that is used to supply fuel for an outboard motor.
(4) The following means of containment may be reused to transport the Class 3, Flammable Liquids, referred to in subsection (2):
(a) a steel drum or jerrican, if
(i) neither the body nor the top or bottom of the drum or jerrican is damaged by wear, scoring, dents or corrosion to the extent that the integrity of the drum or the jerrican is compromised,
(ii) any worn or leaking bung caps or seals are replaced,
(iii) the top and bottom of the drum are not bulging, and
(iv) sufficient ullage is left to ensure that no leakage or permanent distortion will occur as a result of expansion of the liquid caused by any temperature that may be experienced during transport;
(b) a plastic drum or jerrican, if
(i) the body of the drum or jerrican is not faded, discoloured, gouged, cracked or distorted to the extent that the integrity of the drum or jerrican is compromised,
(ii) the closure flange and bung of the drum show no evidence of cross-threading or thread wear,
(iii) any worn gaskets are replaced, and
(iv) when the capacity of the jerrican exceeds 25 L, it is used only for flammable liquids that are included in Packing Group III and that have a flash point greater than 37.8°C; and
(c) a steel marine fuel tank, if
(i) neither the body nor the bottom chimes of the tank is damaged by wear, scoring, dents or corrosion to the extent that the integrity of the tank is compromised,
(ii) any worn or leaking caps, attachments or seals are replaced, and
(iii) sufficient ullage is left to ensure that no leakage or permanent distortion will occur as a result of expansion of the liquid caused by any temperature that may be experienced during transport.
(5) When the Class 3, Flammable Liquids, referred to in subsection (2) are contained in a large means of containment, that large means of containment must be
(a) a tank, a container or an apparatus that is an integral part of the aircraft or that is attached to the aircraft in accordance with the Certificate of Airworthiness issued under the “Canadian Aviation Regulations”;
(b) a cylindrical collapsible rubber drum that is transported in or suspended from an aircraft and that is constructed, tested, inspected and used in accordance with MIL-D-23119G; or
(c) a collapsible fabric tank that is transported suspended from a helicopter and that is constructed of material and seamed in accordance with MIL-T-52983G.
(6) When the Class 3, Flammable Liquids, referred to in subsection (2) are transported
(a) on board a passenger carrying aircraft, the total capacity of all the means of containment must be less than or equal to 230 L; and
(b) on board a cargo aircraft, the total capacity of each of the means of containment must be less than or equal to 230 L except for those means of containment referred to in subsection (5).
(SOR/2008-34, s. 98(5))

Internal Combustion Engines and Vehicles
(7) Dangerous goods that are UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED, or ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED, or VEHICLE, FLAMMABLE GAS POWERED, or VEHICLE, FLAMMABLE LIQUID POWERED, or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED, or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED, or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED, or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED, must be handled, offered for transport or transported in accordance with the following requirements in the ICAO Technical Instructions:
(a) Special Provision A87 of Chapter 3, Special provisions, of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities;
(b) Packing Instruction 950 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of
(i) UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED,
(ii) UN3166, VEHICLE, FLAMMABLE LIQUID POWERED,
(iii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED, or
(iv) UN3166, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED; and
(c) Packing Instruction 951 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of
(i) UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED,
(ii) UN3166, VEHICLE, FLAMMABLE GAS POWERED,
(iii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED, or
(iv) UN3166, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED.
(SOR/2014-152, s. 33(4))

Fire Extinguishers
(8) When dangerous goods are UN1044, FIRE EXTINGUISHERS, Class 2.2, they must
(a) be in compliance with section 5.10 of Part 5, Means of Containment;
(b) have a capacity less than or equal to 18 L when they are transported on board a passenger carrying aircraft; and (SOR/2008-34, s. 98(7))
(c) be packed in accordance with Packing Instruction 213 of Chapter 4, Class 2 – Gases, of Part 4, Packing Instructions, of the ICAO Technical Instructions. (SOR/2008-34, s. 98(7))

Gases
(9) The following dangerous goods that are included in Class 2.1, Flammable Gases, must be in a means of containment set out in subsection (10):
(a) UN1011, BUTANE;
(b) UN1012, BUTYLENE;
(c) UN1055, ISOBUTYLENE;
(d) UN1075, LIQUEFIED PETROLEUM GASES;
(e) UN1077, PROPYLENE;
(f) UN1969, ISOBUTANE; or
(g) UN1978, PROPANE.
(10) The dangerous goods referred to in subsection (9) must be contained in
(a) a means of containment that is marked TC-51, DOT-51 or CTC-51 and that is in standard with CSA B622 and Appendices A and B of CSA B620; or
(b) a cylinder that is in compliance with section 5.10 of Part 5, Means of Containment, and
(i) the cylinder has a capacity less than or equal to 100 L, (SOR/2008-34, s. 98(8))
(ii) if the dangerous goods are transported in cylinders on board a passenger carrying aircraft, the total capacity of all the cylinders must be less than or equal to 120 L, and (SOR/2008-34, s. 98(8))
(iii) the cylinder is secured in an upright position or in as near an upright position as possible to prevent movement during transport.

Batteries
(11) Dangerous goods that are UN2794, BATTERIES, WET, FILLED WITH ACID, Class 8, UN2795, BATTERIES, WET, FILLED WITH ALKALI, Class 8, or UN2800, BATTERIES, WET, NON-SPILLABLE, Class 8, must
(a) be transported in accordance with
(i) the second sentence of Special Provision A123 of Chapter 3, Special provisions, of Part 3, Dangerous Goods List and Limited Quantities Exceptions, of the ICAO Technical Instructions, and (SOR/2002-306, s. 47(8))
(ii) the following packing instructions of Chapter 10, Class 8 — Corrosives, of Part 4, Packing Instructions, of the ICAO Technical Instructions, except that, when the aircraft is not a pressurized aircraft, section 1.1.6 of Chapter 1, General packing requirements, of Part 4, Packing Instructions, of the ICAO Technical Instructions does not apply: (SOR/2002-306, s. 47(9))
(A) for batteries with the UN number UN2794 or UN2795, Packing Instruction 870, and (SOR/2014-152, s. 33(5))
(B) for batteries with the UN number UN2800, Packing Instruction 872; and (SOR/2014-152, s. 33(5))
(b) if the batteries are transported on board a passenger carrying aircraft, have a gross mass less than or equal to 120 kg.

Sodium Chlorite and Hypochlorite Solution
(12) When dangerous goods are UN1496, SODIUM CHLORITE, Class 5.1, or UN1791, HYPOCHLORITE SOLUTION, Class 8,
(a) the available chlorine must be 7 per cent or less;
(b) the quantity of the dangerous goods in an inner means of containment must be less than or equal to 5 L or 5 kg and, in an outer means of containment must be less than or equal to 20 L or 20 kg;
(c) the dangerous goods must be placed in a leakproof inner means of containment that is a combination packaging, as defined in Chapter 3, General information, of Part 1, General, of the ICAO Technical Instructions; and (SOR/2002-306, s. 47(10))
(d) the inner means of containment must be placed in an outer means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety. (SOR/2008-34, s. 98(9))

Pilot-in-command Responsibilities
(13) An air carrier must ensure that
(a) the pilot-in-command of an aircraft, other than a helicopter, transporting dangerous goods
(i) briefs flight attendants, if any, on the nature and location of the dangerous goods that are in any compartment to which the flight attendants have access, and
(ii) completes and signs a manifest, journey log or flight record, or any other type of document designated for this purpose in the Operator’s Manual, that includes the shipping name, UN number, class and quantity of dangerous goods transported that day;
(b) at the end of each day, the pilot-in-command of a helicopter transporting dangerous goods completes and signs a manifest, journey log or flight record or any other type of document designated for this purpose in the Operator’s Manual, that includes the words “Dangerous Goods Transported” or “Marchandises dangereuses transportées”;
(c) the air carrier keeps the documents referred to in paragraphs (a) and (b) for 12 months after the date on which the dangerous goods are no longer in transport; and
(d) when an in-flight emergency occurs and circumstances permit, the pilot-in-command
(i) complies with section 4.3, Information to be provided by the pilot-in-command in case of in-flight emergency, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, or (SOR/2014-152, s. 33(6))
(ii) for an external load of dangerous goods suspended from a helicopter, notifies the appropriate air traffic services unit that dangerous goods are in the external load.

Records
(14) An air carrier must
(a) if the consignor, the person who accepts the dangerous goods or the person who loads the aircraft is not an employee of the air carrier, keep the following information for 12 months after the date on which the dangerous goods are no longer in transport:
(i) the name and address of each consignor of dangerous goods, and
(ii) the name and address of the person who
(A) accepts each consignment of dangerous goods or directly supervises the acceptance of the dangerous goods, or
(B) loads and secures the dangerous goods or directly supervises the loading and securing of the dangerous goods;
(b) keep a copy of the information referred to in clause (1)(b)(iv)(A) for 12 months after the date on which the dangerous goods are no longer in transport; and
(c) for transport by helicopter, ensure that the following information is prepared before the dangerous goods are transported and is kept for 12 months after the date on which the dangerous goods are no longer in transport:
(i) the name and address of each consignor of dangerous goods,
(ii) the approximate date of transport,
(iii) the locations to and from which the dangerous goods are to be transported,
(iv) the shipping name, the UN number, the class and the quantity of dangerous goods to be transported, and
(v) the name of the air carrier’s employee who prepares the information.
(15) An air carrier must produce a record, notice or report required by subsection (1) within 15 days after the day on which a written request is received from an inspector.


12.10. Private Aircraft. A person may handle or transport dangerous goods within Canada by small aircraft or helicopter registered as private aircraft under sections 202.16 and 202.17 of the “Canadian Aviation Regulations” if the dangerous goods
(a) are intended for non-commercial recreational use; and
(b) are not forbidden for transport by Schedule 1 or Schedule 3 to these Regulations or by the ICAO Technical Instructions.


12.11. Geological Core Samples. A person may handle, offer for transport or transport by aircraft within Canada dangerous goods that are contained in geological core samples less than or equal to 100 mm in diameter if
(a) when the consignor is not the air carrier, the consignor notifies the air carrier of the presence of the core samples before offering them for transport;
(b) the core samples are transported in wooden core sample boxes that are wrapped in a sealed plastic or polyethylene bag or in a means of containment that is equally leak-proof;
(c) the core samples as well as the means of containment are secured to prevent movement during transport; and
(d) where the core samples contain radioactive material, they are contained in a means of containment in accordance with the “Packaging and Transport of Nuclear Substances Regulations”.


12.12. Aerial Work.
(1) A person may handle, offer for transport or transport dangerous goods by aircraft within Canada if the dangerous goods are being used at the location where the following aerial work takes place:
(a) active fire suppression;
(b) aerial cloud seeding;
(c) aerial drip torching;
(d) agriculture;
(e) avalanche control;
(f) forestry;
(g) horticulture;
(h) hydrographic or seismographic work; or
(i) pollution control.
(2) The dangerous goods must be contained in a means of containment that is
(a) a tank, a container or an apparatus that is an integral part of the aircraft or that is attached to the aircraft in accordance with the Certificate of Airworthiness issued under the “Canadian Aviation Regulations”;
(b) a cylindrical collapsible rubber drum that is transported in or suspended from an aircraft and that is constructed, tested, inspected and used in accordance with MIL-D-23119G;
(c) a collapsible fabric tank that is transported suspended from a helicopter and that is constructed of material and seamed in accordance with MIL-T-52983G; or
(d) a small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety. (SOR/2008-34, s. 99)
(3) The air carrier must ensure that
(a) the person who loads and secures the dangerous goods on board the aircraft is trained, or works under the direct supervision of a person who is trained, in accordance with Part 6, Training, of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions; (SOR/2002-306, s. 48(1))
(b) if the dangerous goods are handled or transported by a person other than an employee of the air carrier, that person is trained in accordance with Part 6, Training, of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions; (SOR/2002-306, s. 48(1))
(c) the air carrier complies with Part 8, Accidental Release and Imminent Accidental Release Report Requirements, of these Regulations;
(d) if the pilot-in-command of the aircraft does not load or directly supervise the loading of the dangerous goods, the person who loads and secures the dangerous goods gives the pilot-in-command, in writing, the following information for each of the dangerous goods:
(i) its shipping name, UN number and class, and
(ii) the gross mass of the dangerous goods and, in the case of explosives, the net explosives quantity;
(e) smoking is prohibited on board the aircraft and each area or compartment of the aircraft containing dangerous goods is ventilated to prevent the accumulation of vapour;
(f) when an in-flight emergency occurs and circumstances permit, the pilot-in-command complies with section 4.3, Information to be provided by the pilot-in-command in case of in-flight emergency, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions; and (SOR/2014-152, s. 34(1))
(g) the person who loads and secures or directly supervises the loading and securing of dangerous goods on board the aircraft
(i) complies with section 3.1, Inspection for damage or leakage, of Chapter 3, Inspection and decontamination, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, and (SOR/2002-306, s. 48(3))
(ii) segregates the means of containment that contain dangerous goods that could react dangerously with one another in case of an accidental release, in accordance with Table 7-1, “Segregation between packages”, of Chapter 1, Acceptance procedures, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions. (SOR/2014-152, s. 34(2))


12.13. Measuring Instruments. A person may handle or transport by aircraft within Canada a measuring instrument that contains dangerous goods if
(a) the person who is responsible for the measuring instrument
(i) ensures that the measuring instrument or its means of containment has displayed on it labels in accordance with Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions, (SOR/2002-306, s. 49(1))
(ii) before transporting the measuring instrument on the aircraft, has the written agreement of the air carrier to use or transport the measuring instrument on board the aircraft, and
(iii) is trained in accordance with Part 6, Training, of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions and complies with all laws applicable to the measuring instrument; (SOR/2002-306, s. 49(2))
(b) the measuring instrument is placed or used in a location in the aircraft that is known to the pilot-in-command and the flight crew; and
(c) when the measuring instrument contains radioactive materials,
(i) the radiation level at 100 mm from any point of the external surface of the instrument is less than or equal to 100 µSv/h (10 millirems per hour), and
(ii) the activity of the measuring instrument does not exceed the applicable exception limit set out in the column entitled “Item limits” in Table 2-15, “Activity limits for excepted packages”, of Chapter 7, Class 7 — Radioactive material, of Part 2, Classification of Dangerous Goods, of the ICAO Technical Instructions. (SOR/2014-152, s. 35)


12.14. Medical Aid.
Section 1.1.3 of Chapter 1, Scope and applicability, of Part 1, General, of the ICAO Technical Instructions states that the Instructions do not apply to dangerous goods carried on board an aircraft when the dangerous goods are to provide, during flight, medical aid to a patient. This section is intended to cover the transport of dangerous goods before or after a person requiring the dangerous goods for medical aid during flight is on board the aircraft. (SOR/2002-306, s. 50(1))
(1) A person may handle, offer for transport or transport by aircraft within Canada dangerous goods, other than Class 2, Gases, if
(a) the dangerous goods will be used or part of the dangerous goods have been used for a person who will require or who has required medical aid during flight;
(b) the transport of the dangerous goods is not forbidden by Schedule 1 or Schedule 3 of these Regulations or the ICAO Technical Instructions;
(c) before the dangerous goods are loaded, the person who offers them for transport receives the agreement of the air carrier to transport the dangerous goods on board the aircraft;
(d) the air carrier
(i) directly supervises the loading and securing of the dangerous goods on board the aircraft so that they do not move during transport,
(ii) complies with section 3.1, Inspection for damage or leakage, of Chapter 3, Inspection and decontamination, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, and (SOR/2002-306, s. 50(2))
(iii) provides to the pilot-in-command, in writing, the shipping name, the UN number and the class of the dangerous goods and their location on board the aircraft;
(e) Repealed. (SOR/2002-306, s. 50(3))
(f) in the event of a change of aircraft or flight crew, the pilot-in-command communicates the information required by subparagraph (d)(iii) to the next pilot-in-command;
(g) the air carrier’s employees are trained, or work under the direct supervision of a person who is trained, in accordance with Part 6, Training, of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions; and (SOR/2002-306, s. 50(4))
(h) the air carrier complies with Part 8, Accidental Release and Imminent Accidental Release Report Requirements, of these Regulations.
(2) The air carrier and the person who offers the dangerous goods for transport must ensure that
(a) the dangerous goods are contained in a means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and (SOR/2008-34, s. 100)
(b) the means of containment has displayed on it the package markings and labels required by Chapter 2, Package markings, and Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions. (SOR/2002-306, s. 50(5))
(3) A person may handle, offer for transport or transport by aircraft within Canada UN1072, OXYGEN, COMPRESSED, if
(a) the air carrier and the person who offers the dangerous goods for transport comply with the requirements of subsection (1) and paragraph (2)(b);
(b) the dangerous goods are in a cylinder that is in compliance with section 5.10 of Part 5, Means of Containment, of these Regulations;
(c) each cylinder contains a quantity of UN1072, OXYGEN, COMPRESSED, that is less than or equal to 850 L or 30 ft3;
(d) the number of cylinders containing UN1072, OXYGEN, COMPRESSED, does not exceed 6 owned by the air carrier and one additional cylinder for each passenger who needs the oxygen at destination; and (SOR/2014-152, s. 36)
(e) the pilot-in-command is advised of the number of cylinders loaded on board the aircraft; (SOR/2014-152, s. 36)
(f) Repealed. (SOR/2014-152, s. 36)


12.15.-12.16. Repealed. (SOR/2008-34, s. 101)


12.17. Flight Deck Loading Restrictions. A person may handle or transport within Canada, by an aircraft that does not have a Class B, Class C or Class D cargo compartment, dangerous goods other than those included in Class 4.3, Water Reactive Substances, if
(a) the person complies with
(i) paragraphs 12.1(1)(a) to (j), and
(ii) the ICAO Technical Instructions, other than section 2.1, Loading restrictions on flight deck and for passenger aircraft, of Chapter 2, Storage and loading, of Part 7, Operator’s Responsibilities; (SOR/2002-306, s. 53)
(b) a certificate was issued for the aircraft under Subpart 4 of Part VI or Subpart 3 or 4 of Part VII of the “Canadian Aviation Regulations”;
(c) transport of the dangerous goods is not forbidden by Schedule 1 or Schedule 3 of these Regulations or the ICAO Technical Instructions;
(d) transport of the dangerous goods is not restricted by the ICAO Technical Instructions to cargo aircraft only; and
(e) the dangerous goods are loaded and transported in a compartment that is accessible during flight so that the dangerous goods and any other cargo can be readily reached by a crew member using, if necessary, a hand-held fire extinguisher.


Part 13 — Protective Direction


Background
The authority for a protective direction is in section 32 of the “Transportation of Dangerous Goods Act, 1992”.
An example of the need for a protective direction would be a situation involving a suspected problem with a standardized means of containment. A protective direction could require that a statistical sample be inspected within a specified period of time. The results would determine the next course of action, which could be, for instance, the removal of all such means of containment from service, the establishment of a compulsory inspection programme for the remaining means of containment or no further special action.


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



13.1. Effective Date and Expiry of a Protective Direction.
(1) A protective direction takes effect on the date on which it is signed by the Minister or a designated person or at a later date indicated in the protective direction. However, after the effective date of the protective direction, any non-compliance with it must not be enforced against a person unless the person has received the original, signed protective direction or an electronic copy of it, or reasonable steps have been taken to make the person aware of the protective direction.
(2) A protective direction expires on the expiry date specified in it. If no expiry date is specified in the protective direction, it expires 12 months after the date on which it is signed.


13.2. Requesting a Review of a Protective Direction.
(1) A person may request a review of a protective direction at any time after it is signed.
(2) The request must be made, in writing, to the Minister or the Director General and must include the following information:
(a) the name and address of the place of business of the person requesting the review;
(b) the result the person expects from the review; and
(c) all the information necessary to support the request for the review.


13.3. Notification of a Decision. The Minister or a designated person must notify, in writing, the person who made the request for a review of the decision and the reasons for the decision.


Part 14 — Permit for Equivalent Level of Safety


Background
There is no obligation on any person to apply for a permit for equivalent level of safety to handle, offer for transport or transport dangerous goods. However, if a person wants to conduct an activity in a way that is not consistent with the Act or Regulations, the person must apply for a permit for equivalent level of safety to do so under section 31 of the Act.
Under subsection 31(1) of the Act, the Minister or a designated person may issue a permit for equivalent level of safety if the Minister or designated person is satisfied that the activity authorized by the permit will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.


The persons designated to issue a permit for equivalent level of safety are those people in the Transport Dangerous Goods Directorate, Transport Canada, who hold the following positions:
Director General
Director, Regulatory Affairs Branch
Chief, Permits and Approvals Division


Definitions
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
Act
aircraft
classification
dangerous goods
Director General
means of containment
Minister
net explosives quantity
permit for equivalent level of safety
person
railway vehicle
road vehicle
ship



14.1. Applying for a Permit for Equivalent Level of Safety. A person must apply to the Minister or a designated person in writing for a permit for equivalent level of safety and must include the following information:
(a) if the applicant is an individual, the name of the individual;
(b) if the applicant is a company or an association, the name of the company or association and each association member, as the names appear in letters patent, articles of incorporation or any other document that shows the legal identity of the company or the association and each association member;
(c) the address of the place of business of the applicant;
(d) the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;
(e) if a person submits an application on behalf of a company or an association, the person’s name and position and the telephone number, including the area code, and address of the person’s place of business;
(f) the classification of the dangerous goods and, if the dangerous goods are in a solution or mixture, the composition and percentage (specified by volume, mass or net explosives quantity) of each chemical;
(g) the method of packaging the dangerous goods, including a description of the means of containment and the quantity of dangerous goods in each means of containment;
(h) whether the permit for equivalent level of safety is requested for transport by road vehicle, railway vehicle, aircraft or ship;
(i) a description of the proposal for a permit for equivalent level of safety, including (SOR/2008-34, s. 102)
(i) the requirements of the Act or these Regulations that the applicant proposes not to comply with,
(ii) the manner in which the activity will be carried out and how that manner will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations, and
(iii) drawings, plans, calculations, procedures, test results and any other information necessary to support the proposal;
(j) the length of time or the schedule of activities for which the permit for equivalent level of safety is requested; and
(k) the name, position and business telephone number, including the area code, of the person who can be contacted regarding the application for a permit for equivalent level of safety and who is authorized by the applicant to speak on the applicant’s behalf.


14.2. Issuance or Refusal of a Permit for Equivalent Level of Safety.
Under subsection 31(1) of the Act, the Minister or a designated person may issue a permit for equivalent level of safety if the Minister or designated person is satisfied that the activity authorized by the permit will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.
If an application for a permit for equivalent level of safety is refused, the Minister or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.


14.3. Applying for Renewal of a Permit for Equivalent Level of Safety. A person must apply to the Minister or a designated person in writing to renew a permit for equivalent level of safety and must include the following information:
(a) if the applicant is an individual, the name of the individual;
(b) if the applicant is a company or an association, the name of the company or association and each association member, as the names appear in letters patent, articles of incorporation or any other document that shows the legal identity of the company or the association and each association member;
(c) the address of the place of business of the applicant;
(d) the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;
(e) if a person submits an application on behalf of a company or an association, the person’s name and position and the telephone number, including the area code, and address of the person’s place of business;
(f) certification that the information provided in the original application in accordance with paragraphs 14.1(f) to (i) is still applicable and complete;
(g) the length of time or the schedule of activities for which the renewal is requested; and
(h) the name, position and business telephone number, including the area code, of the person who can be contacted regarding the permit for equivalent level of safety and who is authorized by the applicant to speak on the applicant’s behalf.


14.4. Issuance or Refusal of a Renewal of a Permit for Equivalent Level of Safety.
(1) The Minister or a designated person may renew a permit for equivalent level of safety if the Minister or designated person is satisfied, on the basis of the information available and the information submitted with the application for a renewal, that the activity authorized by the permit for equivalent level of safety will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.
(2) If an application for a renewal is refused, the Minister or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.


14.5. Revoking a Permit for Equivalent Level of Safety.
Under subsection 31(6) of the Act, the Minister or a designated person may revoke a permit for equivalent level of safety if
(a) the Minister or designated person is no longer satisfied that the manner in which the activity authorized by the permit will be conducted will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations; or
(b) the Regulations have been amended and address the activity authorized by the permit.
The Minister or designated person must notify a person, in writing, of the revocation of a permit for equivalent level of safety under subsection 31(6) of the Act and the reasons for the revocation.


14.6. Requesting a Review of a Decision to Refuse or Revoke a Permit for Equivalent Level of Safety.
(1) A person may request a review of a decision to refuse or revoke a permit for equivalent level of safety within 30 days after receiving notification of the decision.
(2) The request must be made in writing to the Minister or the Director General and must include the following information:
(a) the name and address of the place of business of the person requesting the review;
(b) the reasons why the decision should be reversed; and
(c) all of the information necessary to support the request for the review.


14.7. Processing a Request for a Review. The Minister or, in the case of a refusal or revocation by a designated person, the Director General may issue a permit for equivalent level of safety that was refused or reissue a revoked permit if the Minister or Director General is satisfied, on the basis of the information available and the information submitted with the request for review, that the activity authorized by the permit will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.


14.8. Notification of a Decision. The Minister or the Director General must notify, in writing, the person who made the request for a review of the decision and the reasons for the decision.


Part 15 — Court Order


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



15.1. Payment of Money for Research. A person who is subject to a court order that requires payment of an amount of money under paragraph 34(1)(d) of the Act to be used to conduct programs of research must
(a) provide a summary of the order, in writing, to the Director General within 30 days after the order is made; and
(b) give to the Director General the amount in the form of a certified cheque, money order or bank draft, payable to the Receiver General for Canada, within the period established by the court or, if no period is established, within 90 days after the order is made.


Part 16 — Inspectors


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



16.1. Certificate of Designation. A certificate of designation issued to an inspector under subsection 10(2) of the Act must be in the following form: Click here for graphical image.


16.2. Inspection Certificate. An inspection certificate provided under subsection 11(1) of the Act when an inspector opens anything for inspection or takes a sample of anything that is sealed or closed up must be in the following form: Click here for graphical image.


16.3. Detention of Dangerous Goods or Means of Containment.
(1) When an inspector detains dangerous goods or a 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 day 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 at 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:
(a) the name and address of the place of business of the person requesting the review;
(b) a copy of the Notice;
(c) the reasons why the detention should be revoked; and
(d) all of the information necessary to support the request for the review.
(6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

DETENTION NOTICE
Subsection 17(1) or (2) of the Transportation of Dangerous Goods Act, 1992
Notice Number: ____________ File Number: ________________
The dangerous goods described in this Notice are not being handled, offered for transport, transported or imported in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations. They are detained until an inspector is satisfied that the dangerous goods will be handled, offered for transport, transported or imported in compliance with the Act and the Regulations.
The standardized means of containment described in this Notice are not being sold, offered for sale, delivered, distributed, imported or used in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations. They are detained until an inspector is satisfied that the means of containment will be sold, offered for sale, delivered, distributed, imported or used in compliance with the Act and the Regulations.
In accordance with paragraph 13(1)(c) of the Act, a person must not remove, alter or interfere in any way with dangerous goods or the means of containment detained by an inspector unless authorized by an inspector.
Person Receiving the Notice (include name and position of the person, company name, address of place of business, postal code, telephone number, fax number, e-mail address)
Inspector Issuing the Notice (include name, address of place of business, postal code, telephone number, fax number, e-mail address, certificate of designation number)
Date the Notice is Issued (dd/mm/yyyy) ____________________
________________________________________
Inspector’s Name (print), Location and Signature
Description of the Dangerous Goods (include UN number, shipping name, primary class, subsidiary class, packing group)
Description of the Means of Containment (include serial number)
Details of Non-compliance (include references to the Act and Regulations)
Release of Dangerous Goods or Means of Containment
The undersigned is satisfied that the dangerous goods described in this Notice will be handled, offered for transport, transported or imported in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations and hereby releases the dangerous goods.
The undersigned is satisfied that the means of containment described in this Notice will be sold, offered for sale, delivered, distributed, imported or used in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations, and hereby releases the means of containment.
________________________________________
Inspector’s Name (Print)
____________________
Inspector’s Signature
____________________
Date (dd/mm/yyyy)

(SOR/2008-34, s. 104)


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 in accordance with subsections (2) and (3). 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 day 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 at 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:
(a) the name and address of the place of business of the person requesting the review;
(b) a copy of the Notice;
(c) the reasons why the direction should be revoked; and
(d) all of the information necessary to support the request for the review.
(7) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

NOTICE OF DIRECTION TO REMEDY NON-COMPLIANCE
Delivered to persons directed by an inspector to take measures under subsection 17(3) of the Act to remedy non-compliance with the Act and Regulations.
Person Receiving the Notice (name and position, company name, address of place of business including the postal code, telephone number, fax number, e-mail address)
Details of Non-compliance (including reference to the Act and Regulations)
Inspector’s Direction to Remedy Non-compliance
Revocation (include reasons for justifying the revocation, name, title and signature of person revoking the direction)
____________________________________________
Inspector’s Name (Print)Inspector’s Signature
______________________
Date (dd/mm/yyyy)
Designated Person
____________________________________________
Name (Print Name)Position (Print)
____________________________________________
Signature Date (dd/mm/yyyy)

(SOR/2008-34, s. 104)


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 day 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 at 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:
(a) the name and address of the place of business of the person requesting the review;
(b) a copy of the Notice;
(c) the reasons why the direction should be revoked; and
(d) all of the information necessary to support the request for the review.
(6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

NOTICE OF DIRECTION NOT TO IMPORT OR TO RETURN TO PLACE OF ORIGIN
Subsection 17(4) of the Transportation of Dangerous Goods Act, 1992
The dangerous goods or the means of containment described in this Notice are not being handled, offered for transport, transported or imported in compliance with the Transportation of Dangerous Goods Act, 1992, and are directed not to be imported or to be returned to the place of origin.
Person Receiving the Notice (include name and position of the person, company name, address of place of business, postal code, telephone number, fax number, e-mail address)
Inspector Issuing the Notice (include name, address of place of business, postal code, telephone number, fax number, e-mail address, certificate of designation number)
Date the Notice Is Issued (write out date in full)
Description of the Dangerous Goods (include UN number, shipping name, primary class, subsidiary class, packing group, if any)
Description of the Means of Containment (include the serial number, if any)
Details of Non-compliance and Why Action to Remedy the Non-compliance Is Not Possible or Desirable (include references to the Act and Regulations)
Revocation (include reasons justifying the revocation, and the name, title and signature of the person revoking the direction)
__________________________________________
Inspector’s Name (Print)Inspector’s Signature
_____________________
Date (dd/mm/yyyy)

(SOR/2008-34, s. 104)


Schedules 1–3 (not reproduced)