Transportation of Dangerous Goods Regulations (SOR/2001-286)

5.14.1 [Repealed, SOR/2019-75, s. 8]

5.14.2 [Repealed, SOR/2019-75, s. 8]

5.14.3 [Repealed, SOR/2019-75, s. 8]

5.15 [Repealed, SOR/2019-75, s. 8]

5.15.1 [Repealed, SOR/2019-75, s. 8]

5.15.2 [Repealed, SOR/2019-75, s. 8]

5.15.3 [Repealed, SOR/2019-75, s. 8]

5.15.4 [Repealed, SOR/2019-75, s. 8]

5.15.5 [Repealed, SOR/2019-75, s. 8]

5.15.6 [Repealed, SOR/2019-75, s. 8]

5.15.7 [Repealed, SOR/2019-75, s. 8]

5.15.8 [Repealed, SOR/2019-75, s. 8]

5.15.9 [Repealed, SOR/2019-75, s. 8]

5.15.10 [Repealed, SOR/2019-75, s. 8]

5.15.11 [Repealed, SOR/2019-75, s. 8]

Class 6.2, Infectious Substances

Means of Containment for Class 6.2, Infectious Substances

• 5.16 (1) A person must not offer for transport, handle or transport dangerous goods included in Category A or Category B of Class 6.2, Infectious Substances, unless the dangerous goods are in a means of containment that is manufactured, selected and used in accordance with CGSB-43.125.

• (2) If the means of containment is made available as a kit, the packaging manufacturer and subsequent distributor must provide the packaging information required under section 4.4 of CGSB-43.125 to the packaging purchaser at each initial purchase and to a packaging user upon request.

5.16.1 [Repealed, SOR/2017-137, s. 53]

5.16.2 [Repealed, SOR/2017-137, s. 53]

Class 7, Radioactive Materials

Means of Containment for Class 7, Radioactive Materials

5.17 A person must not offer for transport, handle or transport dangerous goods included in Class 7 in a means of containment unless the means of containment is in compliance with the Packaging and Transport of Nuclear Substances Regulations, 2015.

Consolidation Bins

Consolidation Bins

5.18 A person must not use a consolidation bin to handle or transport dangerous goods in a road vehicle unless

• (a) the capacity of the consolidation bin is less than or equal to 1.8 m³ (64 cubic feet);

• (b) the consolidation bin is reusable and constructed of plastic, wood or metal; and

• (c) the consolidation bin is blocked or braced within the road vehicle.

PART 6Training

Training Certificate Requirements

• 6.1 (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.

Adequate Training

6.2 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 ERAP requirements in Part 7 (Emergency Response Assistance Plan);

• (h) the report requirements in Part 8 (Reporting 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

• (m) for marine transport, the requirements of the IMDG Code and the requirements of Part 11 (Marine) of these Regulations.

Issuance and Contents of a Training Certificate

• 6.3 (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;

  • (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.

• (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 vessel’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.

Foreign Carriers

• 6.4 (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 vessel 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 vessel is a valid training certificate for the purposes of these Regulations when that document is valid in the Member State.

Expiry of a Training Certificate

6.5 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 vessel, 36 months after its date of issuance.

Keeping Proof of Training: Employer’s and Self-Employed Person’s Responsibility

6.6 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.

Showing Proof of Training: Employer’s and Self-Employed Person’s Responsibility

6.7 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.

Showing Proof of Training: Trained Person’s Responsibility

6.8 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 7Emergency Response Assistance Plan

Application

7.1 This Part sets out

• (a) the requirement to have an approved ERAP;

• (b) the approval of an ERAP;

• (c) the authorization to use an approved ERAP;

• (d) the implementation of an approved ERAP; and

• (e) the compensation for the authorized implementation of an approved ERAP.

Requirement to Have an Approved ERAP

• 7.2 (1) For the purposes of subsection 7(1) of the Act, an approved ERAP is required for

  • (a) dangerous goods that have the same UN number and that are contained in a single means of containment, if the quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1;

  • (b) dangerous goods, in a road vehicle or a railway vehicle, that have the same UN number and that are contained in more than one means of containment, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1 and are included in one of the following classes:

    • (i) Class 3, Flammable Liquids, with a subsidiary class of Class 6.1, Toxic Substances,

    • (ii) Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances That on Contact with Water Emit Flammable Gases (Water-reactive substances),

    • (iii) Class 5.2, Organic Peroxides, that are Type B or Type C,

    • (iv) Class 6.1, Toxic Substances, that are included in Packing Group I;

  • (c) dangerous goods, in a road vehicle or a railway vehicle, that have the same UN number, and that are contained in more than one large means of containment, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1;

  • (d) dangerous goods, in a road vehicle or a railway vehicle, that are included in Class 1, Explosives, and that are contained in one or more means of containment, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1 for the explosives with the lowest index number in that column;

  • (e) dangerous goods that are included in Class 2, Gases, that have the same UN number, that are contained in more than one means of containment — each of which has a capacity greater than 225 L — that are a single unit as a result of being interconnected through a piping arrangement and that are permanently mounted on a structural frame for transport, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1;

  • (f) any of the following dangerous goods that are transported by rail in a tank car, if the quantity of those dangerous goods in the tank car exceeds 10 000 L:

    • (i) UN1170, ETHANOL with more than 24% ethanol, by volume, ETHANOL SOLUTION with more than 24% ethanol, by volume, ETHYL ALCOHOL with more than 24% ethanol, by volume, or ETHYL ALCOHOL SOLUTION with more than 24% ethanol, by volume,

    • (ii) UN1202, DIESEL FUEL, GAS OIL, or HEATING OIL, LIGHT,

    • (iii) UN1203, GASOLINE, MOTOR SPIRIT, or PETROL,

    • (iv) UN1267, PETROLEUM CRUDE OIL,

    • (v) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S.,

    • (vi) UN1863, FUEL, AVIATION, TURBINE ENGINE,

    • (vii) UN1987, ALCOHOLS, N.O.S.,

    • (viii) UN1993, FLAMMABLE LIQUID, N.O.S.,

    • (ix) UN3295, HYDROCARBONS, LIQUID, N.O.S.,

    • (x) UN3475, ETHANOL AND GASOLINE MIXTURE, with more than 10% ethanol, ETHANOL AND MOTOR SPIRIT MIXTURE, with more than 10% ethanol, or ETHANOL AND PETROL MIXTURE, with more than 10% ethanol, and

    • (xi) UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC; and

  • (g) any quantity of dangerous goods that are Risk Group 4 human pathogens within the meaning of the Human Pathogens and Toxins Act.

• (2) Any substance that would require an ERAP if its classification were determined in accordance with Part 2 (Classification) requires an approved ERAP if its appropriate classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is to be used under subsection 2.2(4).

Application for Approval of an ERAP

• 7.3 (1) A person must apply to the Minister in writing for the approval of an ERAP.

• (2) The application for approval must be signed by the applicant and must include a copy of the ERAP and the following information:

  • (a) the name and contact information of the applicant;

  • (b) a description of the applicant’s operations;

  • (c) the name and contact information of any third party who assisted in the preparation of the application;

  • (d) the classification of the dangerous goods to which the ERAP relates and the mode of transport used;

  • (e) for each mode of transport used,

    • (i) the frequency of the transportation of the dangerous goods,

    • (ii) the type and specification of the means of containment used to transport the dangerous goods, and

    • (iii) the geographical area in which the dangerous goods are transported;

  • (f) the ERAP telephone number, including the area code, at which a person identified in the ERAP can be reached at any time while the dangerous goods are handled or transported;

  • (g) a description of the communications systems that will be available at the location of a release or anticipated release of dangerous goods;

  • (h) the name and contact information of any third-party emergency responders, their role and a copy of the agreement between the applicant and the third party;

  • (i) the following information regarding the ERAP response equipment:

    • (i) a detailed list of the equipment,

    • (ii) the location of the equipment,

    • (iii) the name of the person responsible for the operation of the equipment at each location,

    • (iv) for each location, the dangerous goods in respect of which the equipment is to be used during emergency measures, and

    • (v) the geographical areas where the equipment at each location is to be used;

  • (j) the following information respecting the ERAP response personnel, including technical advisors, team leaders and response teams:

    • (i) their names and contact information,

    • (ii) their responsibilities,

    • (iii) any training they have taken, and

    • (iv) description of their knowledge and experience in respect of the dangerous goods;

  • (k) the response capability in respect of the dangerous goods, including

    • (i) the measures that can be taken in response to the release or anticipated release,

    • (ii) the persons responsible for taking the measures referred to in subparagraph (i), and

    • (iii) the ERAP equipment that will be used to take those measures;

  • (l) an estimate of the time required for the response personnel and equipment to reach the location of the release or anticipated release and a description of the mobilization and deployment steps in respect of the response personnel and equipment; and

  • (m) a potential incident analysis, including

    • (i) the following scenarios:

      • (A) an anticipated release of dangerous goods,

      • (B) the release of less than 1% of the dangerous goods in a means of containment,

      • (C) the release of more than 50% of the dangerous goods in a means of containment, and

      • (D) the exposure to fire of a means of containment that contains dangerous goods,

    • (ii) the possible consequences of the release or anticipated release for each scenario,

    • (iii) the measures, organized by tier in accordance with section 7.8, to be taken in response to the release or anticipated release for each scenario, and

    • (iv) the identification of the persons responsible for taking the measures referred to in subparagraph (iii).