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

Railway Vehicle Reciprocity

10.1.1 Despite the requirements of Part 5 (Means of Containment), a person may offer for transport, 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 requirements of Parts 172, 173, 174, 179 and 180 of 49 CFR, except by tank car if the goods are Class 3, Flammable Liquids that are referred to in section 10.5.6 of TP 14877.

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

• 10.2 (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 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, 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 3.8, Location of a shipping document and consist: rail, and

    • (iv) section 3.10, Location of a shipping document: storage in the course of transportation.

• (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).

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

• 10.3 (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 an international consignment of dangerous goods or transport it by railway vehicle 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 3.8, Location of a shipping document and consist: rail, and

    • (iv) section 3.10, Location of a shipping document: storage in the course of transportation.

• (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

• 10.4 (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 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).

• (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]

Location of Placarded Railway Vehicle in a Train

• 10.6 (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.

  Item	Column 1	Column 2
  	Dangerous Goods	Railway 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 1.2	Any railway vehicle that is required to have a placard displayed on it for Class 2, 3, 4 or 5
  3	UN1008, BORON TRIFLUORIDE COMPRESSED 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	Any 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

• (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.

Coupling of Railway Vehicles

• 10.7 (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 -25ºC.

• (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

  • (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

  • (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.

  Item	Column 1	Column 2	Column 3
  	Combined Coupling Mass: Tank Car and Other Railway Vehicle, and their Contents, in Kilograms	Ambient Temperature: in Degrees Celsius	Relative 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 TP 14877; and

  • (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.

• (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 (6 in.) or more in compression and capable of limiting the maximum coupler force to 4 448 kilonewtons (1,000,000 lbf) when impacted at 16.1 km/h (10 mph) by a railway vehicle having a gross mass of 99 790 kg (220,000 lb).

Reporting

10.8 A consignor shall, on reasonable notice given by the Minister, provide the Minister with the following information:

• (a) the number of tank cars owned or leased by the consignor that meet the requirements of TP 14877 for TC117R tank cars;

• (b) the number of tank cars owned or leased by the consignor that meet the requirements of TP 14877 for TC117P tank cars;

• (c) the number of tank cars owned or leased by the consignor and used for importing, offering for transport or handling dangerous goods included in Class 3, Flammable Liquids, that meet the requirements of TP 14877 for Class 111 tank cars; and

• (d) the number of tank cars owned or leased by the consignor and used for importing, offering for transport or handling dangerous goods included in Class 3, Flammable Liquids, that meet the requirements of TP 14877 for enhanced Class 111 tank cars.

PART 11Marine

Marine Transport — IMDG Code

• 11.1 (1) A person who imports, offers for transport, handles or transports dangerous goods by vessel must comply with the IMDG Code if the dangerous goods are in transport between

  • (a) two points in Canada on a voyage during which

    • (i) the vessel goes more than 120 nautical miles from shore,

    • (ii) on the Atlantic coast, the vessel goes south of the port of New York, or

    • (iii) on the Pacific coast, the vessel goes south of Portland, Oregon;

  • (b) Canada and another country, if the voyage is not an inland voyage or a sheltered waters voyage that is within the waters described in paragraphs (a) and (b) of the definition inland voyage in section 1 of the Vessel Safety Certificates Regulations; or

  • (c) two points outside Canada on board a vessel registered in Canada.

• (2) In addition to the requirements in subsection (1), a person who offers for transport, handles or transports dangerous goods by vessel must do so in accordance with the following provisions of these Regulations:

  • (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, Compliance 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

  • (d) Part 8 (Reporting Requirements).

• (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 release of the dangerous goods that could endanger public safety.