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

Regulations are current to 2020-06-17 and last amended on 2020-02-19. Previous Versions

PART 5Means of Containment

 [Repealed, SOR/2019-75, s. 6]

Selecting and Using Means of Containment

  •  (1) A person must not handle, offer for transport, transport or import dangerous goods in a means of containment unless the means of containment is required or permitted by this Part to be used for the transportation of the dangerous goods.

  • (2) A person must not handle, offer for transport or transport dangerous goods in a standardized means of containment unless the standardized means of containment is in standard.

  • (3) A person must not handle, offer for transport or transport dangerous goods in a means of containment that is required or permitted by this Part unless the means of containment is 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.

  • SOR/2017-137, s. 39

Requirements for a Standardized Means of Containment to Be in Standard

 A standardized means of containment is in standard with a specific safety standard if it has displayed on it the certification safety marks required by the standard and

  • (a) was in compliance with the requirements of the standard when each certification safety mark was first displayed; and

  • (b) remains in compliance with the requirements of the standard that had to be complied with when each certification safety mark was first displayed.

Certification Safety Marks on a Means of Containment

 Any mark required by a safety standard is a certification safety mark and must be visible and legible when it is displayed on a means of containment.

Loading and Securing

 A person must load and secure dangerous goods in a means of containment and must load and secure the means of containment on a means of transport in such a way as to prevent, under normal conditions of transport, damage to the means of containment or to the means of transport that could lead to an accidental release of the dangerous goods.

Filling Limits

  •  (1) A person filling a means of containment with dangerous goods must not exceed the maximum quantity limit specified in a safety standard or safety requirement applicable to that means of containment.

  • (2) If the maximum quantity limit for a means of containment is not specified in a safety standard or safety requirement, the person filling the means of containment with dangerous goods

    • (a) must not exceed the maximum quantity limit established by the manufacturer for the means of containment; and

    • (b) must ensure that the means of containment could not become liquid full at any temperature that is less than or equal to 55°C.

  • SOR/2008-34, s. 65
  • SOR/2012-245, s. 19

 [Repealed, SOR/2015-100, s. 3]

UN Standardized Means of Containment

 A means of containment is a UN standardized means of containment if it has displayed on it the applicable UN marks illustrated in Chapter 6.1, Chapter 6.3 and Chapter 6.5 of the UN Recommendations and

  • (a) it is in compliance with

    • (i) sections 2 and 3 and Part I of CGSB-43.125 for a Type P620 means of containment,

    • (ii) sections 2 and 3 and Part I of CGSB-43.146, or

    • (iii) sections 2 and 3 and Part 1 of TP 14850; or

  • (b) it was manufactured outside Canada in compliance with Chapter 6.1, 6.3 or 6.5 of the UN Recommendations and with the national regulations of the country of manufacture.

  • SOR/2002-306, s. 22
  • SOR/2014-152, s. 18
  • SOR/2017-137, s. 40

Class 1, Explosives

Compatibility Groups

  •  (1) A person must not load or transport with other explosives in the same means of transport, except for a vessel, explosives that have a compatibility group letter listed in column 1 of a row in the following table unless the compatibility group letter of the other explosives is listed in column 2 of the same row:

    TABLE

    Column 1Column 2
    AA
    BB, S
    CC, D, E, N, S
    DC, D, E, N, S
    EC, D, E, N, S
    FF, S
    GG, S
    HH, S
    JJ, S
    KK, S
    LL
    NC, D, E, N, S
    SB, C, D, E, F, G, H, J, K, N, S
  • (2) For a mixed load of two or more explosives with compatibility groups C, D, E, N or S, the compatibility group of the mixed load is the first compatibility group of E, D, C, N or S present in the mixed load.

  • (3) Despite subsection (1), detonators in compatibility group B may be loaded or transported in the same road vehicle with explosives in compatibility group D or N. The compatibility group of the mixed load is D.

  • (4) Despite subsection (1), explosive articles included in compatibility group G, except for fireworks with UN number UN0333, UN0334, UN0335 or UN0336, may be loaded or transported in the same road vehicle together with explosive articles included in compatibility group C, D or E. The compatibility group of the mixed load is E.

  • (5) For a mixed load of two explosives with one of the compatibility groups being S, the compatibility group of the mixed load is that of the other compatibility group.

  • SOR/2008-34, s. 66
  • SOR/2017-253, s. 52

Means of Containment for Class 1, Explosives

 A person must not handle, offer for transport or transport dangerous goods included in Class 1, Explosives, unless they are in a means of containment that is selected and used in accordance with CGSB-43.151.

  • SOR/2014-306, s. 31

 [Repealed, SOR/2008-34, s. 67]

Class 2, Gases

Means of Containment for Class 2, Gases

  •  (1) A person must not offer for transport, handle or transport dangerous goods included in Class 2, Gases, in a means of containment unless the means of containment is manufactured, selected and used in accordance with

    • (a) for transport by road vehicle,

      • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

      • (ii) CSA B340,

      • (iii) CSA B342,

      • (iv) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,

      • (v) CSA B625, or

      • (vi) TP 14877, if the means of containment is a ton container;

    • (b) for transport by railway vehicle,

      • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

      • (ii) TP 14877,

      • (iii) CSA B340,

      • (iv) CSA B342, or

      • (v) CSA B625;

    • (c) for transport by aircraft,

      • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

      • (ii) CSA B340, or

      • (iii) CSA B342; and

    • (d) for transport by vessel,

      • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

      • (ii) TP 14877,

      • (iii) CSA B340,

      • (iv) CSA B342,

      • (v) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or

      • (vi) CSA B625.

  • (2) For the purposes of this section, clause 5.1.3(a) of CSA B340 must be read as requiring a cylinder, sphere or tube to be inspected before it is filled by verifying, through its markings or, in the case of a horizontally mounted container, the markings affixed to the vehicle or frame used to transport the container, that the cylinder, sphere or tube

    • (a) was manufactured in accordance with a container specification that is designated by the prefix “CTC”, “ICC”, “TC” or “DOT” and is listed in Table 29 of CSA B339;

    • (b) is an equivalent container as defined in CSA B340 and was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT”;

    • (c) was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT” followed by “3”, “3A480X”, “3B”, “3BN”, “4B240FLW”, “8”, “8AL” or “8WC”;

    • (d) has the letters “CRC”, “BTC”, “CTC” or “TC” displayed on it and was manufactured before January 1, 1993 in accordance with the conditions of a special permit that was issued under the regulations for the transportation of dangerous goods by rail in force before December 5, 1991; or

    • (e) has the letters “ICC” or “DOT” displayed on it and was manufactured before January 1, 1993 in accordance with a packaging or handling exemption that was issued under Subpart B of Part 107 of 49 CFR.

  • (3) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in paragraph (2)(a), (b) or (c) and is due for requalification to be requalified – before being filled – in accordance with the requirements of

    • (a) CSA B339, if the requalification is performed in Canada;

    • (b) Part 180 of 49 CFR, if the requalification is performed in the United States; or

    • (c) CSA B339 or Part 180 of 49 CFR, if the requalification is performed outside both Canada and the United States.

  • (4) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring

    • (a) a cylinder, sphere or tube that is referred to in paragraph (2)(d) or (e) and that is due for requalification to be filled and requalified in accordance with the applicable special permit or exemption; and

    • (b) the requalification to be performed by a facility that is registered in accordance with CSA B339 or approved in accordance with Subpart I of Part 107 of 49 CFR.

  • (5) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in subsection (2) that is due for requalification and that does not meet the requirements of the prefill inspection to be rejected and not be filled until the cause for rejection has been corrected.

  • (6) For the purposes of this section, the following requirements apply in respect of a report of requalification, repair, reheat treatment or rebuilding that is referred to in clause 24.7 of CSA B339:

    • (a) the person who prepares the report must give a copy of it to the owner of the means of containment;

    • (b) the person who prepares the report and the owner must each keep a copy of the report for 10 years; and

    • (c) the owner must, during the 10-year period, give a copy of the report to any person to whom ownership of the means of containment is transferred.

  • (7) For the purposes of this section, clause 4.1.7 of CSA B342 must be read as requiring a UN pressure receptacle, including its closures,

    • (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;

    • (b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or

    • (c) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

  • (8) For the purposes of this section, if a UN pressure receptacle is used in accordance with CSA B342 and an outer packaging is required by that standard,

    • (a) the UN pressure receptacle must be firmly secured within the outer packaging; and

    • (b) one or more inner packagings may be enclosed in the outer packaging, unless otherwise specified in clause 5 of CSA B342.

  • (9) For the purposes of this section, clause 4.2.3 of CSA B342 must be read as requiring a multiple-element gas container

    • (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;

    • (b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or

    • (c) to be marked with the letters “USA”, denoting the United States as the country of approval, in accordance with section 178.75(j)(1) of 49 CFR, and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

  • (10) For the purposes of this section, clause 5.5.1(b) of CSA B342 must be read as requiring a UN cylinder for adsorbed gases

    • (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture; or

    • (b) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

  • (11) For the purposes of this section, a person who uses a standardized means of containment in accordance with CSA B622 must use a means of containment that

    • (a) is manufactured in accordance with CSA B620 if it was manufactured in Canada on or after August 31, 2008; and

    • (b) is tested and inspected in accordance with CSA B620 if its most recent periodic re-test or periodic inspection was performed in Canada on or after August 31, 2008.

  • (12) Despite paragraph 11(a), a standardized means of containment that is a TC 51 portable tank and that is used in accordance with CSA B622 may be manufactured in accordance with CSA B620-09.

  • (13) For the purposes of subsection (12), the following requirements of CSA B622 do not apply:

    • (a) the requirement in clause 4.2 respecting TC 51 portable tanks; and

    • (b) the requirement in the footnote respecting TC 51 portable tanks after Table 1 to clause 4.4.3.

  • SOR/2002-306, s. 23
  • SOR/2003-273, s. 6
  • SOR/2005-216, s. 4
  • SOR/2005-279, s. 2
  • SOR/2008-34, s. 68
  • SOR/2012-245, s. 20
  • SOR/2014-152, s. 19
  • SOR/2017-137, s. 41
  • SOR/2017-253, s. 52
 
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