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

12.6 [Repealed, SOR/2017-253, s. 27]

12.7 [Repealed, SOR/2008-34, s. 97]

Packing Instruction Y963

• 12.8 (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, 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;

  • (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,

  • (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

  • (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 5-29 of Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions.

• (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.

Limited Access

General

• 12.9 (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,

    • (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,

    • (iii) section 3.1, Inspection for damage or leakage, of Chapter 3, Inspection and decontamination, of Part 7, Operator’s Responsibilities,

    • (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

      • (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,

    • (vi) wherever practicable, section 4.8, Cargo acceptance areas — provision of information, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, and

    • (vii) Table 7-1, “Segregation between packages”, of Chapter 2, Storage and loading, of Part 7, Operator’s Responsibilities;

  • (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, Marking, 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;

  • (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

  • (g) the person who has possession of the dangerous goods complies with Part 8 (Reporting 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

  • (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,

    • (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).

Internal Combustion Engines, Vehicles and Machinery

• (7) Dangerous goods that are UN3166, VEHICLE, FLAMMABLE GAS POWERED or UN3166, VEHICLE, FLAMMABLE LIQUID POWERED or UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED or UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3529, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or UN3529, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3529, MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED or UN3529, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION must be handled, offered for transport or transported in accordance with the following requirements of 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, VEHICLE, FLAMMABLE LIQUID POWERED, or

    • (ii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED;

  • (c) Packing Instruction 951 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of

    • (i) UN3166, VEHICLE, FLAMMABLE GAS POWERED, or

    • (ii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED;

  • (d) Packing Instruction 378 of Chapter 5, Class 3 — Flammable liquids, of Part 4, Packing Instructions, in the case of

    • (i) UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED,

    • (ii) UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED,

    • (iii) UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED, or

    • (iv) UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

  • (e) Packing Instruction 220 of Chapter 4, Class 2 — Gases, of Part 4, Packing Instructions, in the case of

    • (i) UN3529, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED,

    • (ii) UN3529, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED,

    • (iii) UN3529, MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED, or

    • (iv) UN3529, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED; and

  • (f) Packing Instruction 972 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of

    • (i) UN3530, ENGINE, INTERNAL COMBUSTION, or

    • (ii) UN3530, MACHINERY, INTERNAL COMBUSTION.

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

  • (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.

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,

    • (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

    • (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 third sentence of Special Provision A123 of Chapter 3, Special provisions, of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities, of the ICAO Technical Instructions, and

    • (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:

      • (A) for batteries with the UN number UN2794 or UN2795, Packing Instruction 870, and

      • (B) for batteries with the UN number UN2800, Packing Instruction 872; and

  • (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% 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

  • (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.

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

    • (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.