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

Regulations are current to 2020-11-17 and last amended on 2020-02-19. Previous Versions

PART 12Air (continued)

Domestic Transport by Aircraft (continued)

Medical Aid (continued)

 [Repealed, SOR/2008-34, s. 101]

 [Repealed, SOR/2008-34, s. 101]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

Issuance or Refusal of a Permit for Equivalent Level of Safety

 If an application for a permit for equivalent level of safety is refused, the Minister or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.

Applying for Renewal of a Permit for Equivalent Level of Safety

 A person must apply to the Minister or a designated person in writing to renew 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) certification that the information provided in the original application in accordance with paragraphs 14.1(f) to (i) is still applicable and complete;

  • (g) the length of time or the schedule of activities for which the renewal is requested; and

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

Issuance or Refusal of a Renewal of a Permit for Equivalent Level of Safety

  •  (1) The Minister or a designated person may renew a permit for equivalent level of safety if the Minister or designated person is satisfied, on the basis of the information available and the information submitted with the application for a renewal, that the activity authorized by the permit for equivalent level of safety will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.

  • (2) If an application for a renewal is refused, the Minister or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.

Revoking a Permit for Equivalent Level of Safety

 The Minister or designated person must notify a person, in writing, of the revocation of a permit for equivalent level of safety under subsection 31(6) of the Act and the reasons for the revocation.

Requesting a Review of a Decision to Refuse or Revoke a Permit for Equivalent Level of Safety

  •  (1) A person may request a review of a decision to refuse or revoke a permit for equivalent level of safety within 30 days after receiving notification of the decision.

  • (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 reasons why the decision should be reversed; and

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

Processing a Request for a Review

 The Minister or, in the case of a refusal or revocation by a designated person, the Director General may issue a permit for equivalent level of safety that was refused or reissue a revoked permit if the Minister or Director General is satisfied, on the basis of the information available and the information submitted with the request for review, that the activity authorized by the permit will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.

 
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