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

Regulations are current to 2021-11-17 and last amended on 2021-06-23. Previous Versions

PART 12Air (continued)

Domestic Transport by Aircraft (continued)

Private Aircraft

 A person may handle or transport dangerous goods within Canada by small aircraft or helicopter registered as private aircraft under sections 202.16 and 202.17 of the Canadian Aviation Regulations if the dangerous goods

  • (a) are intended for non-commercial recreational use; and

  • (b) are not forbidden for transport by Schedule 1 or Schedule 3 to these Regulations or by the ICAO Technical Instructions.

Geological Core Samples

 A person may handle, offer for transport or transport by aircraft within Canada dangerous goods that are contained in geological core samples less than or equal to 100 mm in diameter if

  • (a) when the consignor is not the air carrier, the consignor notifies the air carrier of the presence of the core samples before offering them for transport;

  • (b) the core samples are transported in wooden core sample boxes that are wrapped in a sealed plastic or polyethylene bag or in a means of containment that is equally leak-proof;

  • (c) the core samples as well as the means of containment are secured to prevent movement during transport; and

  • (d) where the core samples contain radioactive material, they are contained in a means of containment in accordance with the Packaging and Transport of Nuclear Substances Regulations.

Aerial Work

  •  (1) A person may handle, offer for transport or transport dangerous goods by aircraft within Canada if the dangerous goods are being used at the location where the following aerial work takes place:

    • (a) active fire suppression;

    • (b) aerial cloud seeding;

    • (c) aerial drip torching;

    • (d) agriculture;

    • (e) avalanche control;

    • (f) forestry;

    • (g) horticulture;

    • (h) hydrographic or seismographic work; or

    • (i) pollution control.

  • (2) The dangerous goods must be contained in a means of containment that is

    • (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;

    • (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; or

    • (d) a 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.

  • (3) The air carrier must ensure that

    • (a) the person who loads and secures the dangerous goods on board the aircraft is trained, or works under the direct supervision of a person who is trained, in accordance with Part 6 (Training) of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions;

    • (b) if the dangerous goods are handled or transported by a person other than an employee of the air carrier, that person is trained in accordance with Part 6 (Training) of these Regulations and Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions;

    • (c) the air carrier complies with Part 8 (Reporting Requirements) of these Regulations;

    • (d) if the pilot-in-command of the aircraft does not load or directly supervise the loading of the dangerous goods, the person who loads and secures the dangerous goods gives the pilot-in-command, in writing, the following information for each of the dangerous goods:

      • (i) its shipping name, UN number and class, and

      • (ii) the gross mass of the dangerous goods and, in the case of explosives, the net explosives quantity;

    • (e) smoking is prohibited on board the aircraft and each area or compartment of the aircraft containing dangerous goods is ventilated to prevent the accumulation of vapour;

    • (f) when an in-flight emergency occurs and circumstances permit, the pilot-in-command 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; and

    • (g) the person who loads and secures or directly supervises the loading and securing of dangerous goods on board the aircraft

      • (i) complies with section 3.1, Inspection for damage or leakage, of Chapter 3, Inspection and decontamination, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, and

      • (ii) segregates the means of containment that contain dangerous goods that could react dangerously with one another in case of a release, in accordance with Table 7-1, “Segregation between packages”, of Chapter 2, Storage and loading, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions.

  • SOR/2002-306, s. 48
  • SOR/2008-34, s. 99
  • SOR/2014-152, s. 34
  • SOR/2016-95, s. 41
  • SOR/2017-253, s. 30

Measuring Instruments

 A person may handle or transport by aircraft within Canada a measuring instrument that contains dangerous goods if

  • (a) the person who is responsible for the measuring instrument

    • (i) ensures that the measuring instrument or its means of containment has displayed on it labels in accordance with Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions,

    • (ii) before transporting the measuring instrument on the aircraft, has the written agreement of the air carrier to use or transport the measuring instrument on board the aircraft, and

    • (iii) 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 complies with all laws applicable to the measuring instrument;

  • (b) the measuring instrument is placed or used in a location in the aircraft that is known to the pilot-in-command and the flight crew; and

  • (c) when the measuring instrument contains radioactive materials,

    • (i) the radiation level at 100 mm from any point of the external surface of the instrument is less than or equal to 100 µSv/h (10 millirems per hour), and

    • (ii) the activity of the measuring instrument does not exceed the applicable exception limit set out in the column entitled “Item limits” in Table 2-14, “Activity limits for excepted packages”, of Chapter 7, Class 7 — Radioactive material, of Part 2, Classification of Dangerous Goods, of the ICAO Technical Instructions.

  • SOR/2002-306, s. 49
  • SOR/2014-152, s. 35
  • SOR/2017-253, s. 31

Medical Aid

  •  (1) A person may handle, offer for transport or transport by aircraft within Canada dangerous goods, other than Class 2, Gases, if

    • (a) the dangerous goods will be used or part of the dangerous goods have been used for a person who will require or who has required medical aid during flight;

    • (b) the transport of the dangerous goods is not forbidden by Schedule 1 or Schedule 3 of these Regulations or the ICAO Technical Instructions;

    • (c) before the dangerous goods are loaded, the person who offers them for transport receives the agreement of the air carrier to transport the dangerous goods on board the aircraft;

    • (d) the air carrier

      • (i) directly supervises the loading and securing of the dangerous goods on board the aircraft so that they do not move during transport,

      • (ii) complies with section 3.1, Inspection for damage or leakage, of Chapter 3, Inspection and decontamination, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, and

      • (iii) provides to the pilot-in-command, in writing, the shipping name, the UN number and the class of the dangerous goods and their location on board the aircraft;

    • (e) [Repealed, SOR/2002-306]

    • (f) in the event of a change of aircraft or flight crew, the pilot-in-command communicates the information required by subparagraph (d)(iii) to the next pilot-in-command;

    • (g) the air carrier’s employees are trained, or work under the direct supervision of a person who 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

    • (h) the air carrier complies with Part 8 (Reporting Requirements) of these Regulations.

  • (2) The air carrier and the person who offers the dangerous goods for transport must ensure that

    • (a) the dangerous goods are contained in a 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; and

    • (b) the means of containment has displayed on it the package markings and labels required by Chapter 2, Marking, and Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions.

  • (3) A person may handle, offer for transport or transport by aircraft within Canada UN1072, OXYGEN, COMPRESSED, if

    • (a) the air carrier and the person who offers the dangerous goods for transport comply with the requirements of subsection (1) and paragraph (2)(b);

    • (b) the dangerous goods are in a cylinder that is in compliance with section 5.10 of Part 5 (Means of Containment) of these Regulations;

    • (c) each cylinder contains a quantity of UN1072, OXYGEN, COMPRESSED, that is less than or equal to 850 L or 30 ft3;

    • (d) the number of cylinders containing UN1072, OXYGEN, COMPRESSED, does not exceed 6 owned by the air carrier and one additional cylinder for each passenger who needs the oxygen at destination; and

    • (e) the pilot-in-command is advised of the number of cylinders loaded on board the aircraft.

    • (f) [Repealed, SOR/2014-152]

  • SOR/2002-306, s. 50
  • SOR/2008-34, s. 100
  • SOR/2014-152, s. 36
  • SOR/2016-95, s. 41
  • SOR/2017-253, s. 32

 [Repealed, SOR/2008-34, s. 101]

 [Repealed, SOR/2008-34, s. 101]

Flight Deck Loading Restrictions

 A person may handle or transport within Canada, by an aircraft that does not have a Class B, Class C or Class D cargo compartment, dangerous goods other than those included in Class 4.3, Water Reactive Substances, if

  • (a) the person complies with

    • (i) paragraphs 12.1(1)(a) to (j), and

    • (ii) the ICAO Technical Instructions, other than section 2.1, Loading restrictions on flight deck and for passenger aircraft, of Chapter 2, Storage and loading, of Part 7, Operator’s Responsibilities;

  • (b) a certificate was issued for the aircraft under Subpart 4 of Part VI or Subpart 3 or 4 of Part VII of the Canadian Aviation Regulations;

  • (c) transport of the dangerous goods is not forbidden by Schedule 1 or Schedule 3 of these Regulations or the ICAO Technical Instructions;

  • (d) transport of the dangerous goods is not restricted by the ICAO Technical Instructions to cargo aircraft only; and

  • (e) the dangerous goods are loaded and transported in a compartment that is accessible during flight so that the dangerous goods and any other cargo can be readily reached by a crew member using, if necessary, a hand-held fire extinguisher.

  • SOR/2002-306, s. 53

PART 13Protective Direction

Effective Date and Expiry of a Protective Direction

  •  (1) A protective direction takes effect on the date on which it is signed by the Minister or a designated person or at a later date indicated in the protective direction. However, after the effective date of the protective direction, any non-compliance with it must not be enforced against a person unless the person has received the original, signed protective direction or an electronic copy of it, or reasonable steps have been taken to make the person aware of the protective direction.

  • (2) A protective direction expires on the expiry date specified in it. If no expiry date is specified in the protective direction, it expires 12 months after the date on which it is signed.

Requesting a Review of a Protective Direction

  •  (1) A person may request a review of a protective direction at any time after it is signed.

  • (2) The request must be made, in writing, to the Minister or the Director General and must include the following information:

    • (a) the name and address of the place of business of the person requesting the review;

    • (b) the result the person expects from the review; and

    • (c) all the information necessary to support the request for the review.

Notification of a Decision

 The Minister or a designated person must notify, in writing, the person who made the request for a review of the decision and the reasons for the decision.

PART 14Permit for Equivalent Level of Safety

Applying for a Permit for Equivalent Level of Safety

 A person must apply to the Minister or a designated person in writing for a permit for equivalent level of safety and must include the following information:

  • (a) if the applicant is an individual, the name of the individual;

  • (b) if the applicant is a company or an association, the name of the company or association and each association member, as the names appear in letters patent, articles of incorporation or any other document that shows the legal identity of the company or the association and each association member;

  • (c) the address of the place of business of the applicant;

  • (d) the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;

  • (e) if a person submits an application on behalf of a company or an association, the person’s name and position and the telephone number, including the area code, and address of the person’s place of business;

  • (f) the classification of the dangerous goods and, if the dangerous goods are in a solution or mixture, the composition and percentage (specified by volume, mass or net explosives quantity) of each chemical;

  • (g) the method of packaging the dangerous goods, including a description of the means of containment and the quantity of dangerous goods in each means of containment;

  • (h) whether the permit for equivalent level of safety is requested for transport by road vehicle, railway vehicle, aircraft or vessel;

  • (i) a description of the proposal for a permit for equivalent level of safety, including

    • (i) the requirements of the Act or these Regulations that the applicant proposes not to comply with,

    • (ii) the manner in which the activity will be carried out and how that manner will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations, and

    • (iii) drawings, plans, calculations, procedures, test results and any other information necessary to support the proposal;

  • (j) the length of time or the schedule of activities for which the permit for equivalent level of safety is requested; and

  • (k) the name, position and business telephone number, including the area code, of the person who can be contacted regarding the application for a permit for equivalent level of safety and who is authorized by the applicant to speak on the applicant’s behalf.

  • SOR/2008-34, s. 102
  • SOR/2017-253, s. 52
 
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