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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 1Coming into Force, Repeal, Interpretation, General Provisions and Special Cases (continued)

General Provisions

Applicability of the Regulations

 Unless otherwise stated in sections 1.15 to 1.48 of this Part or in Schedule 1 or 2, dangerous goods must be handled, offered for transport or transported in accordance with these Regulations.

  • SOR/2008-34, ss. 5, 6

Schedule 2: Special Provisions

  •  (1) When there is a special provision in Schedule 2 for dangerous goods, that special provision applies.

  • (2) When there is a conflict between a special provision in Schedule 2 and other provisions in these Regulations, the special provision applies.

  • (3) The UN numbers set out in italics after a special provision of Schedule 2 indicate the dangerous goods in respect of which the special provision applies. They are for information only and are not part of the Regulations.

  • SOR/2008-34, s. 6
  • SOR/2020-23, s. 2

Schedules 1 and 3: Forbidden Dangerous Goods

  •  (1) When the word “Forbidden” is shown for dangerous goods in column 3 of Schedule 1 or column 2 of Schedule 3, a person must not handle, offer for transport or transport the dangerous goods.

  • (2) When the word “Forbidden” is shown for dangerous goods in column 8 or 9 of Schedule 1, a person must not offer for transport or transport the dangerous goods by the means of transport set out in the heading of that column.

  • SOR/2008-34, s. 6
  • SOR/2014-306, s. 4

Schedule 1: Quantity Limits in Columns 8 and 9

  •  (1) When there is a number shown in column 8 of Schedule 1, that number is a quantity limit per means of containment for the corresponding dangerous goods in column 2. A person must not load onto a passenger carrying vessel, or transport on a road vehicle or a railway vehicle on board a passenger carrying vessel, dangerous goods that exceed the quantity limit. Dangerous goods exceed the quantity limit if

    • (a) in the case of a solid, they have a mass that is greater than the number when that number is expressed in kilograms;

    • (b) in the case of a liquid, they have a volume that is greater than the number when that number is expressed in litres;

    • (c) in the case of a gas, including a gas in a liquefied form, they are contained in a means of containment the capacity of which is greater than the number when that number is expressed in litres; and

    • (d) in the case of an explosive

      • (i) not subject to special provision 85 or 86, they have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or

      • (ii) subject to special provision 85 or 86, they exceed 100 articles.

  • (2) When there is a number shown in column 9 of Schedule 1, that number is a quantity limit per means of containment for the corresponding dangerous goods in column 2. A person must not offer for transport or transport by passenger carrying road vehicle or passenger carrying railway vehicle dangerous goods that exceed the quantity limit. Dangerous goods exceed the quantity limit if

    • (a) in the case of a solid, they have a mass that is greater than the number when that number is expressed in kilograms;

    • (b) in the case of a liquid, they have a volume that is greater than the number when that number is expressed in litres;

    • (c) in the case of a gas, including a gas in a liquefied form, they are contained in a means of containment the capacity of which is greater than the number when that number is expressed in litres; and

    • (d) in the case of an explosive

      • (i) not subject to special provision 85 or 86, they have a net explosives quantity that is greater than the number when that number is expressed in kilograms, or

      • (ii) subject to special provision 85 or 86, they exceed 100 articles.

  • (3) If a quantity limit in column 8 or 9 of Schedule 1 conflicts with any other quantity limit in these Regulations, other than a quantity limit in special provisions, the quantity limit in that column takes precedence.

  • SOR/2008-34, s. 6
  • SOR/2014-306, s. 5
  • SOR/2016-95, s. 4
  • SOR/2017-253, s. 53

Safety Requirements, Documents, Safety Marks

 As provided for in section 5 of the Act, a person must not handle, offer for transport, transport or import dangerous goods unless

  • (a) the person complies with all applicable prescribed safety requirements;

  • (b) the dangerous goods are accompanied by all applicable prescribed documents; and

  • (c) the means of containment and transport comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.

Prohibition: Explosives

 A person must not handle, offer for transport or transport dangerous goods by any means of transport if the dangerous goods are explosives and

  • (a) are in direct contact with a large means of containment, except when the explosives are to be transported by road vehicle in quantities that are allowed for explosives in section 9.5, Part 9 (Road), in Schedule 1 or in any special provision in Schedule 2; or

  • (b) are also radioactive materials.

  • SOR/2012-245, s. 5

 [Repealed, SOR/2017-137, s. 6]

Requirements Respecting the Transportation of Dangerous Goods on Board Passenger Carrying Vessels

  •  (1) The requirements of these Regulations respecting the transportation of dangerous goods other than explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 25 passengers or more than one passenger for each 3 m of the length of the vessel.

  • (2) The requirements of these Regulations respecting the transportation of dangerous goods that are explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 12 passengers.

  • SOR/2014-152, s. 5
  • SOR/2017-253, s. 4

Use of 49 CFR for Non-Regulated Dangerous Goods

 When a substance is regulated in the United States by 49 CFR but is not regulated in Canada by these Regulations, a person may transport the substance between Canada and the United States by road vehicle or railway vehicle in accordance with all or part of 49 CFR.

Evidence: Safety Marks, Prescribed Documents

 As provided for in section 42 of the Act, in any prosecution for an offence, evidence that a means of containment or transport bore a safety mark or was accompanied by a prescribed document is, in the absence of evidence to the contrary, proof of the information shown or indicated by the safety mark or contained in the prescribed document.

Defence: Due Diligence

 As provided for in section 40 of the Act, a person must not be found guilty of an offence if it is established that the person took all reasonable measures to comply with the Act or to prevent the commission of the offence.

 [Repealed, SOR/2002-306, s. 5]

Special Cases

150 kg Gross Mass Exemption

  •  (1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training) and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle or a vessel on a domestic voyage if

    • (a) in the case of

      • (i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), except that, in the case of dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, the requirement in section 8.1.7 of CGSB-43.123 that aerosol containers and gas cartridges be tightly packed in a strong outer packaging does not apply, or

      • (ii) dangerous goods not included in Class 2, Gases, they are in one or more 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;

    • (b) except for dangerous goods included in Class 2, Gases, the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 30 kg;

    • (c) the gross mass of all dangerous goods

      • (i) transported on the road vehicle or the railway vehicle is less than or equal to 150 kg, and

      • (ii) transported on the vessel on a domestic voyage is less than or equal to 150 kg, excluding dangerous goods in a road vehicle or railway vehicle being transported on the vessel; and

    • (d) the dangerous goods are in a quantity or concentration available to the general public and are transported

      • (i) by a user or purchaser of the dangerous goods, or

      • (ii) by a retailer to or from a user or purchaser of the dangerous goods.

  • (2) Subsection (1) does not apply to dangerous goods that

    • (a) are in a quantity or concentration that requires an ERAP;

    • (b) require a control or emergency temperature;

    • (c) are included in Class 1, Explosives, except for UN numbers UN0012, UN0014, UN0044, UN0055, UN0105, UN0131, UN0161, UN0173, UN0186, UN0191, UN0197, UN0276, UN0312, UN0323, UN0335 if classified as a consumer firework, UN0336, UN0337, UN0351, UN0373, UN0378, UN0404, UN0405, UN0431, UN0432, UN0454, UN0499, UN0501, UN0503, UN0505 to UN0507, UN0509 and UN0510;

    • (d) are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;

    • (e) are included in Class 2.3, Toxic Gases;

    • (f) are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;

    • (g) are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6(a) of Schedule 1;

    • (h) are liquids included in Class 6.1, Toxic Substances, and Packing Group I;

    • (i) are included in Class 6.2, Infectious Substances; or

    • (j) are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.

  • SOR/2008-34, ss. 7, 8
  • SOR/2011-239, s. 1
  • SOR/2012-245, s. 7
  • SOR/2014-152, s. 6
  • SOR/2014-159, s. 5
  • SOR/2014-306, s. 6
  • SOR/2016-95, ss. 5, 41
  • SOR/2017-137, s. 7
  • SOR/2017-253, s. 52
  • SOR/2019-101, s. 22
 
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