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

Unlawful Interference Report

• 8.18 (1) If there has been unlawful interference with dangerous goods while they were being imported, offered for transport, handled or transported, the person who had the charge, management or control of the goods must, as soon as possible after the discovery of the unlawful interference, report it by telephone to the persons listed in subsection (2).

• (2) For the purposes of subsection (1), the persons to whom the unlawful interference must be reported are

  • (a) CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666;

  • (b) in the case of dangerous goods included in Class 1, Explosives, or referred to in paragraph 8.16(2)(a) or subparagraph 8.16(2)(b)(i) or (c)(i), a Natural Resources Canada inspector, at 613-995-5555; and

  • (c) in the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission.

Information To Be Included in an Unlawful Interference Report

8.19 A report referred to in section 8.18 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the names and contact information of the consignor, the consignee and the carrier;

• (c) a detailed description of the unlawful interference;

• (d) the shipping name or UN number of the dangerous goods;

• (e) a description of the means of containment containing the dangerous goods, and the number of means of containment; and

• (f) the approximate date, time and geographic location of the unlawful interference.

ERAP Reports

ERAP Incident Report

8.20 A person who is required under subsection 18(1) of the Act to report a release or anticipated release of dangerous goods in respect of which an approved ERAP is required under subsection 7(1) of the Act must, as soon as possible after the release or anticipated release, make an ERAP incident report by telephone to the person at the ERAP telephone number required to be included on the shipping document under paragraph 3.6(1)(b), if the dangerous goods are, or could be, in excess of the quantity set out in the following table:

Information To Be Included in an ERAP Incident Report

8.21 An ERAP incident report referred to in section 8.20 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the ERAP reference number;

• (c) in the case of a release of dangerous goods, the date, time and geographic location of the release;

• (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

• (e) the mode of transport used;

• (f) the shipping name or UN number of the dangerous goods;

• (g) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

• (h) in the case of a release, the quantity of dangerous goods estimated to have been released;

• (i) a description of the means of containment containing the dangerous goods;

• (j) an indication of whether a means of containment has been damaged to the extent that its integrity could be compromised;

• (k) an indication of whether a transfer of the dangerous goods to another means of containment is anticipated or required; and

• (l) if applicable, the type of incident leading to the release or anticipated release, including a collision, rollover, derailment, overfill, fire, explosion or load-shift.

ERAP Implementation Report

8.22 Each time a person implements an approved ERAP to tier 1 or tier 2, the person must, as soon as possible, make an ERAP implementation report to CANUTEC, at 1-888-CANUTEC (1-888‑226‑8832) or 613‑996‑6666.

Information To Be Included in an ERAP Implementation Report

8.23 An ERAP implementation report referred to in section 8.22 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the ERAP reference number;

• (c) if applicable, the person authorized under subsection 7.7(1) to use the ERAP;

• (d) whether the ERAP was implemented to tier 1 or 2;

• (e) the date and time that the ERAP was implemented to tier 1 or 2;

• (f) the shipping name or UN number of the dangerous goods in relation to which the ERAP was implemented; and

• (g) the measures taken to respond to the release or anticipated release.

PART 9Road

Transporting Dangerous Goods from the United States into or through Canada

• 9.1 (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,

    • (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,

    • (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

    • (iv) if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1);

  • (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

  • (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.

• (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; or

  • (c) [Repealed, SOR/2017-137, s. 57]

  • (d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.

• (3) A person who handles or transports dangerous goods by road vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so 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 if the exemption number appears on the shipping document.

• (4) If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and an exemption referred to in subsection (3), the exemption prevails to the extent of the conflict.

Transporting Dangerous Goods to or from an Aircraft, an Aerodrome or an Air Cargo Facility

• 9.2 (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, if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1); 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.

• (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).

Transporting Dangerous Goods to or from a Vessel, a Port Facility or a Marine Terminal

• 9.3 (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 vessel, a person may handle or transport by road vehicle an international consignment of dangerous goods to or from a vessel, 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, if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1); 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.

• (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 vessel, 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.

Reshipping in Canada

• 9.4 (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).

• (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).

Maximum Net Explosives Quantity in a Road Vehicle

9.5 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.

PART 10Rail

Transporting Dangerous Goods from the United States into or through Canada

• 10.1 (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,

    • (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,

    • (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

    • (iv) if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1);

  • (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

  • (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.

• (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; or

  • (c) [Repealed, SOR/2017-137]

  • (d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.

• (3) A person who handles or transports dangerous goods by railway vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so 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 if the exemption number appears on the shipping document.

• (4) If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and an exemption referred to in subsection (3), the exemption prevails to the extent of the conflict.