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

Special Cases (continued)

Samples Demonstration Exemption

 Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks) do not apply to samples of dangerous goods if

  • (a) in the case of

    • (i) samples included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or

    • (ii) samples not included in Class 2, Gases, they are in one or more 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) the samples are in transport for demonstration purposes;

  • (c) the samples are in the custody of an agent of the manufacturer or distributor who is acting in the course of employment;

  • (d) the samples are not for sale;

  • (e) the samples are not transported in a passenger carrying road vehicle, passenger carrying railway vehicle, passenger carrying aircraft or passenger carrying vessel other than a passenger carrying vessel that operates over the most direct water route between two points that are not more than 5 km apart;

  • (f) the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 10 kg; and

  • (g) each means of containment has marked on it the words “demonstration samples” or “échantillons de démonstration” and the words are legible and displayed on a contrasting background.

  • SOR/2008-34, s. 10

National Defence

 For the purposes of paragraph 3(4)(a) of the Act, any activity or thing related to the transportation of dangerous goods is under the sole direction or control of the Minister of National Defence if the dangerous goods are in or on a means of transport

  • (a) owned and operated by the Department of National Defence or operated on behalf of the Department of National Defence by

    • (i) an employee of the Department of National Defence,

    • (ii) a member of the Canadian Forces, or

    • (iii) civilian personnel who are not employed by the Department of National Defence if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department of National Defence or a member of the Canadian Forces;

  • (b) owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization or operated on behalf of such an establishment by

    • (i) military or civilian personnel of that establishment, or

    • (ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment; or

  • (c) owned and operated by the military establishment of another country under an agreement with the Department of National Defence or operated on behalf of such an establishment by

    • (i) military or civilian personnel of that establishment, or

    • (ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.

  • SOR/2003-273, s. 3

Agriculture: 1 500 kg Gross Mass Farm Vehicle Exemption

  •  (1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment) and Part 6 (Training) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle licensed as a farm vehicle if

    • (a) in the case of

      • (i) dangerous goods included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or

      • (ii) dangerous goods not included in Class 2, Gases, they are in one or more 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) the gross mass of all dangerous goods on the road vehicle is less than or equal to 1 500 kg;

    • (c) the dangerous goods are to be or have been used by a farmer for farming purposes;

    • (d) the dangerous goods are transported solely on land and the distance on public roads is less than or equal to 100 km; and

    • (e) the dangerous goods do not include

      • (i) Class 1, Explosives, other than explosives included in Class 1.4S,

      • (ii) Class 2.1, Flammable Gases, in a cylinder with a capacity greater than 46 L,

      • (iii) Class 2.3, Toxic Gases,

      • (iv) Class 6.2, Infectious Substances, or

      • (v) Class 7, Radioactive Materials.

  • (2) Despite the exemption from Part 3 (Documentation) in subsection (1), when an ERAP is required under Part 7 (Emergency Response Assistance Plan), the dangerous goods for which the plan is required must be accompanied by a shipping document.

  • SOR/2008-34, s. 11
  • SOR/2019-101, s. 22

Agriculture: 3 000 kg Gross Mass Farm Retail Exemption

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

    • (a) in the case of

      • (i) dangerous goods included in Class 2, Gases, they are in one or more means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or

      • (ii) dangerous goods not included in Class 2, Gases, they are in one or more 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) the dangerous goods are transported solely on land between a retail place of purchase and place of destination and the distance on public roads is less than or equal to 100 km;

    • (c) the gross mass of all dangerous goods on the road vehicle is less than or equal to 3 000 kg;

    • (d) the dangerous goods are to be or have been used by a farmer for farming purposes; and

    • (e) the dangerous goods do not include

      • (i) Class 1, Explosives, other than explosives included in Class 1.4S,

      • (ii) Class 2.1, Flammable Gases, in a cylinder with a capacity greater than 46 L,

      • (iii) Class 2.3, Toxic Gases,

      • (iv) Class 6.2, Infectious Substances, or

      • (v) Class 7, Radioactive Materials.

  • (2) Despite the exemption from Part 3 (Documentation) in subsection (1), when an ERAP is required under Part 7 (Emergency Response Assistance Plan) the dangerous goods for which the plan is required must be accompanied by a shipping document.

  • SOR/2008-34, s. 11
  • SOR/2019-101, s. 22

Agriculture: Pesticide Exemption

  •  (1) Part 3 (Documentation), the requirements for the display of a UN number in section 4.15 of Part 4 (Dangerous Goods Safety Marks) and Part 6 (Training) do not apply to a solution of pesticides in transport on a road vehicle if

    • (a) the dangerous goods are transported solely on land for a distance less than or equal to 100 km;

    • (b) the dangerous goods are in a large means of containment that

      • (i) has a capacity that is less than or equal to 6 000 L, and

      • (ii) is used to prepare the dangerous goods for application or to apply the dangerous goods; and

    • (c) only one large means of containment containing the solution of pesticides is in transport on the road vehicle.

  • (2) Despite the exemption for documentation in subsection (1), when an ERAP is required under Part 7 (Emergency Response Assistance Plan), the dangerous goods must be accompanied by a shipping document.

  • SOR/2008-34, s. 12
  • SOR/2019-101, s. 22
 
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