PART 1Coming into Force, Repeal, Interpretation, General Provisions and Special Cases (continued)
Special Cases (continued)
Air Ambulance Exemption
1.48 These Regulations, except for Part 8 (Reporting Requirements), do not apply to dangerous goods required for patient care on an aircraft if
(a) the aircraft is configured as an air ambulance and is used only as an air ambulance;
(b) the transport of the dangerous goods is not forbidden in Schedule 1, Schedule 3 or the ICAO Technical Instructions;
(c) the dangerous goods are under the control of a health care professional or a person who is trained in accordance with Part 6 (Training);
(d) in the case of
(i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or
(ii) dangerous goods not included in Class 2, Gases, they are in one or more 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; and
(e) the means of containment are secured to prevent unintended movement during transport.
- SOR/2008-34, s. 25
- SOR/2016-95, s. 41
1.49 (1) Subsection 5.1(1) and Section 5.10 of Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods in a cylinder on a road vehicle or an aircraft if
(a) the cylinder is from or for a vessel or an aircraft;
(b) the cylinder is transported solely for the purpose of refilling, exchanging or requalification;
(c) the cylinder is accompanied by a shipping document that includes the words “Cylinder in transport for purpose of refilling, exchanging or requalification in compliance with section 1.49 of the TDGR” or “Bouteille à gaz en transport aux fins de remplissage, d’échange ou de requalification en conformité avec l’article 1.49 du RTMD”;
(d) the cylinder is closed and secured so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety;
(i) the Fire Detection and Extinguishing Equipment Regulations, as they read immediately before being repealed,
(iv) the Small Fishing Vessel Inspection Regulations,
(f) in the case of a cylinder from or for a vessel that is a foreign vessel as defined in section 2 of the Canada Shipping Act, 2001 and that is a Safety Convention vessel as defined in that section, the cylinder is used for a purpose related to the operation or navigation of the vessel, including a life-saving or emergency purpose; and
(g) in the case of a cylinder from or for an aircraft, a flight authority, as defined in subsection 101.01(1) of the Canadian Aviation Regulations, has been issued in respect of the aircraft and the cylinder serves an aeronautical purpose, including a life-saving or emergency purpose.
(2) When the cylinder has been requalified or filled, the exemption set out in subsection (1) applies only if the cylinder was requalified in accordance with clause 6.5.1(b) of CSA B340 and filled in compliance with clause 6.5.1(c) of CSA B340.
- SOR/2014-306, s. 14
- SOR/2017-137, s. 16
- SOR/2017-253, s. 52
Hot Air Balloon Cylinder Exemption
1.50 (1) Sections 5.1, 5.2 and 5.5 and subsections 5.10(1) and (2) of Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of UN1978, PROPANE, in a cylinder on a road vehicle, a railway vehicle or a ship on a domestic voyage if
(a) the cylinder is for use in a hot air balloon and is marked clearly and visibly, in letters at least 5 mm high, with the words “FOR USE IN HOT AIR BALLOONS ONLY” or “POUR UTILISATION DANS LES BALLONS SEULEMENT”;
(c) the cylinder is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of dangerous goods that could endanger public safety;
(d) subject to paragraph (e), the cylinder
(i) is manufactured, selected and used in accordance with CSA B340, except clause 220.127.116.11 of that standard,
(ii) is manufactured, selected and used in accordance with CSA B342,
(iii) is manufactured, selected and used in accordance with 49 CFR and, in the case of a requalified cylinder, is marked with the requalification markings required by CSA B339 or 49 CFR,
(iv) is manufactured and selected in accordance with the ADR, is marked with the symbol π (Pi) in accordance with the TPED and is used in accordance with clauses 18.104.22.168, 4.1.3, 4.1.4, 4.2, 4.3.1, 4.3.2, 4.3.7, 4.3.8, 4.3.9, 5.1.1, 5.1.2, 5.1.3(b) to (e), 5.1.8 and 22.214.171.124 of CSA B340, or
(v) was manufactured before January 1, 2017, and is used in accordance with clauses 126.96.36.199, 4.1.3, 4.1.4, 4.2, 4.3.1, 4.3.2, 4.3.7, 4.3.8, 4.3.9, 5.1.1, 5.1.2, 5.1.3(b) to (e), 5.1.8 and 188.8.131.52 of CSA B340; and
(e) the liquid phase of the propane is less than or equal to 85% of the capacity of the cylinder at 15°C.
(2) For the purposes of subparagraph (1)(d)(iv), ADR means the European Agreement concerning the International Carriage of Dangerous Goods by Road, published by the United Nations, as amended from time to time and TPED means the Transportable Pressure Equipment Directive, Directive 2010/35/EU, June 16, 2010, published by the Council of the European Union.
(3) Subject to subsection (4), a cylinder referred to in subparagraph (1)(d)(iv) or (v) must be requalified within
(4) A cylinder that must be requalified on or before January 1, 2018 may be requalified within a 12-month grace period that starts on the day on which this section comes into force.
(5) When it is requalified, a cylinder referred to in subparagraph (1)(d)(iv) or (v) must
(a) be requalified with a proof pressure retest and an internal and external visual inspection in accordance with clause 24 of CSA B339 by a facility that holds a valid certificate of registration referred to in clause 25.3 of CSA B339; or
(b) be subjected to a periodic inspection and test in accordance with clause 19 of CSA B341.
- SOR/2017-137, s. 17
Determining When Substances Are Dangerous Goods
2.1 A substance is dangerous goods when
(a) it is listed by name in Schedule 1 and is in any form, state or concentration that meets the criteria in this Part for inclusion in at least one of the 9 classes of dangerous goods; or
(b) it is not listed by name in Schedule 1 but meets the criteria in this Part for inclusion in at least one of the 9 classes of dangerous goods.
Responsibility for Classification
(2) When importing dangerous goods into Canada, the consignor must ensure that they have the correct classification before they are transported in Canada.
(3) A consignor must use the following classifications:
(b) for radioactive materials, the classification determined in accordance with the Packaging and Transport of Nuclear Substances Regulations.
(c) [Repealed, SOR/2014-152]
(d) [Repealed, SOR/2014-152]
(3.1) For substances included in Class 6.2, Infectious Substances, a consignor may use a classification determined by the Public Health Agency of Canada or the Canadian Food Inspection Agency.
(4) A consignor may use the appropriate classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a vessel on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.
(5) If an error in classification is noticed or if there are reasonable grounds to suspect an error in classification, the consignor must not allow a carrier to take possession of the dangerous goods for transport until the classification has been verified or corrected.
(6) A carrier who notices an error in classification or has reasonable grounds to suspect an error in classification while the dangerous goods are in transport must advise the consignor and must stop transporting the dangerous goods until the consignor verifies or corrects the classification. The consignor must immediately verify or correct the classification and ensure that the carrier is provided with the verified or corrected classification.
- SOR/2008-34, s. 28
- SOR/2014-152, s. 11
- SOR/2014-306, s. 17
- SOR/2017-253, s. 52
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