Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Special Cases (continued)

Hot Air Balloon Cylinder Exemption

  •  (1) Sections 5.1, 5.2 and 5.5 and subsections 5.10(1) and (2) of Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of UN1978, PROPANE, in a cylinder on a road vehicle, a railway vehicle or a ship on a domestic voyage if

    • (a) the cylinder is for use in a hot air balloon and is marked clearly and visibly, in letters at least 5 mm high, with the words “FOR USE IN HOT AIR BALLOONS ONLY” or “POUR UTILISATION DANS LES BALLONS SEULEMENT”;

    • (b) a flight authority, as defined in subsection 101.01(1) of the Canadian Aviation Regulations, has been issued in respect of the hot air balloon;

    • (c) the cylinder is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of dangerous goods that could endanger public safety;

    • (d) subject to paragraph (e), the cylinder

      • (i) is manufactured, selected and used in accordance with CSA B340, except clause 5.3.1.4 of that standard,

      • (ii) is manufactured, selected and used in accordance with CSA B342,

      • (iii) is manufactured, selected and used in accordance with 49 CFR and, in the case of a requalified cylinder, is marked with the requalification markings required by CSA B339 or 49 CFR,

      • (iv) is manufactured and selected in accordance with the ADR, is marked with the symbol π (Pi) in accordance with the TPED and is used in accordance with clauses 4.1.1.2, 4.1.3, 4.1.4, 4.2, 4.3.1, 4.3.2, 4.3.7, 4.3.8, 4.3.9, 5.1.1, 5.1.2, 5.1.3(b) to (e), 5.1.8 and 5.3.1.1 of CSA B340, or

      • (v) was manufactured before January 1, 2017, and is used in accordance with clauses 4.1.1.2, 4.1.3, 4.1.4, 4.2, 4.3.1, 4.3.2, 4.3.7, 4.3.8, 4.3.9, 5.1.1, 5.1.2, 5.1.3(b) to (e), 5.1.8 and 5.3.1.1 of CSA B340; and

    • (e) the liquid phase of the propane is less than or equal to 85% of the capacity of the cylinder at 15°C.

  • (2) For the purposes of subparagraph (1)(d)(iv), ADR means the European Agreement concerning the International Carriage of Dangerous Goods by Road, published by the United Nations, as amended from time to time and TPED means the Transportable Pressure Equipment Directive, Directive 2010/35/EU, June 16, 2010, published by the Council of the European Union.

  • (3) Subject to subsection (4), a cylinder referred to in subparagraph (1)(d)(iv) or (v) must be requalified within

    • (a) 10 years after its date of manufacture; or

    • (b) 10 years after its most recent requalification date as marked on the cylinder.

  • (4) A cylinder that must be requalified on or before January 1, 2018 may be requalified within a 12-month grace period that starts on the day on which this section comes into force.

  • (5) When it is requalified, a cylinder referred to in subparagraph (1)(d)(iv) or (v) must

    • (a) be requalified with a proof pressure retest and an internal and external visual inspection in accordance with clause 24 of CSA B339 by a facility that holds a valid certificate of registration referred to in clause 25.3 of CSA B339; or

    • (b) be subjected to a periodic inspection and test in accordance with clause 19 of CSA B341.

  • SOR/2017-137, s. 17

PART 2Classification

Determining When Substances Are Dangerous Goods

 A substance is dangerous goods when

  • (a) it is listed by name in Schedule 1 and is in any form, state or concentration that meets the criteria in this Part for inclusion in at least one of the 9 classes of dangerous goods; or

  • (b) it is not listed by name in Schedule 1 but meets the criteria in this Part for inclusion in at least one of the 9 classes of dangerous goods.

Responsibility for Classification

  •  (1) Before allowing a carrier to take possession of dangerous goods for transport, the consignor must determine the classification of the dangerous goods in accordance with this Part.

  • (2) When importing dangerous goods into Canada, the consignor must ensure that they have the correct classification before they are transported in Canada.

  • (3) A consignor must use the following classifications:

  • (3.1) For substances included in Class 6.2, Infectious Substances, a consignor may use a classification determined by the Public Health Agency of Canada or the Canadian Food Inspection Agency.

  • (4) A consignor may use the appropriate classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a vessel on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.

  • (5) If an error in classification is noticed or if there are reasonable grounds to suspect an error in classification, the consignor must not allow a carrier to take possession of the dangerous goods for transport until the classification has been verified or corrected.

  • (6) A carrier who notices an error in classification or has reasonable grounds to suspect an error in classification while the dangerous goods are in transport must advise the consignor and must stop transporting the dangerous goods until the consignor verifies or corrects the classification. The consignor must immediately verify or correct the classification and ensure that the carrier is provided with the verified or corrected classification.

  • SOR/2008-34, s. 28
  • SOR/2014-152, s. 11
  • SOR/2014-306, s. 17
  • SOR/2017-253, s. 52

Proof of Classification

  •  (1) A consignor who allows a carrier to take possession of dangerous goods for transport or who imports dangerous goods into Canada must, during a five-year period that begins on the date that appears on the shipping document, make a proof of classification available to the Minister on reasonable notice given by the Minister.

  • (2) For the purposes of this section, a proof of classification is

    • (a) a test report;

    • (b) a lab report; or

    • (c) a document that explains how the dangerous goods were classified.

  • (3) A proof of classification must include the following information:

    • (a) the date on which the dangerous goods were classified;

    • (b) if applicable, the technical name of the dangerous goods;

    • (c) the classification of the dangerous goods; and

    • (d) if applicable, the classification method used under this Part or under Chapter 2 of the UN Recommendations.

  • SOR/2014-152, s. 12

Classifying Substances That Are Listed by Name in Schedule 1

 If a name of dangerous goods is shown as a shipping name in column 2 of Schedule 1, that name must be used as the shipping name. That shipping name and the corresponding data for that shipping name in columns 1, 3 and 4 of Schedule 1 must be used as the classification of the dangerous goods.

Classifying Substances That Are Included in Only One Class and One Packing Group

 If, in accordance with the criteria and tests in this Part, a substance is included in only one class and one packing group, the substance is dangerous goods and the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and that is most consistent with the class and the packing group determined by the criteria and tests must be selected as the shipping name. That shipping name and the corresponding data for that shipping name in columns 1, 3 and 4 of Schedule 1 must be used as the classification of the dangerous goods.

Classifying Substances That Are Included in More Than One Class or Packing Group

 If, in accordance with the criteria and tests in this Part, a substance meets the criteria for inclusion in more than one class or packing group, the substance is dangerous goods and its classification is determined in the following manner:

  • (a) the classes in which the dangerous goods are included are ranked in order of precedence in accordance with section 2.8 to determine the primary class and the potential subsidiary class or classes;

  • (b) the potential packing group is the one with the lowest roman numeral;

  • (c) the shipping name in column 2 of Schedule 1 that most precisely describes the dangerous goods and for which the corresponding data in columns 1, 3 and 4 are the most consistent with the primary class, the potential subsidiary class or classes and the potential packing group is selected; and

  • (d) the shipping name and the corresponding data in columns 1, 3 and 4 of Schedule 1 are used as the classification of the dangerous goods.

  • SOR/2008-34, s. 29(E)

Descriptive Text Following a Shipping Name

 When applying section 2.4 or 2.5, the descriptive text written in lower case letters following a shipping name must be used in determining the shipping name that most precisely describes the dangerous goods.

  • SOR/2008-34, s. 30

Classifying a Mixture or Solution

 A mixture or solution of substances that are not dangerous goods and one substance that is dangerous goods and that is listed by name in Schedule 1 has the classification shown for the dangerous goods in that Schedule if the mixture or solution is still dangerous goods in accordance with paragraph 2.1(a) and the mixture or solution is not identified by a shipping name in Schedule 1. However, if the classification for the dangerous goods does not precisely describe the mixture or solution but the mixture or solution meets the criteria in this Part for inclusion in at least one of the 9 classes of dangerous goods, then sections 2.4 and 2.5 must be used to determine its classification.

Marine Pollutants

  •  (1) A substance is a marine pollutant if

    • (a) the letter “P” (marine pollutant) is set out in column 4 of Schedule 3 for the substance; or

    • (b) the substance meets the criteria for classification as a marine pollutant in accordance with section 2.9.3 or chapter 2.10 of the IMDG Code.

    • (c) [Repealed, SOR/2014-306, s. 18]

  • (2) [Repealed, SOR/2014-306, s. 18]

  • (3) [Repealed, SOR/2014-306, s. 18]

  • SOR/2014-306, s. 18

Precedence of Classes

  •  (1) When dangerous goods meet the criteria for inclusion in more than one class but meet the criteria for inclusion in only one of the following classes, that one class is the primary class. The classes are

    • (a) Class 1, Explosives, except for the following dangerous goods for which Class 1 is a subsidiary class:

      • (i) UN3101, ORGANIC PEROXIDE TYPE B, LIQUID,

      • (ii) UN3102, ORGANIC PEROXIDE TYPE B, SOLID,

      • (iii) UN3111, ORGANIC PEROXIDE TYPE B, LIQUID, TEMPERATURE CONTROLLED,

      • (iv) UN3112, ORGANIC PEROXIDE TYPE B, SOLID, TEMPERATURE CONTROLLED,

      • (v) UN3221, SELF-REACTIVE LIQUID TYPE B,

      • (vi) UN3222, SELF-REACTIVE SOLID TYPE B,

      • (vii) UN3231, SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED, and

      • (viii) UN3232, SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED;

    • (b) Class 2, Gases, and within this class, Class 2.3, Toxic Gases, takes precedence over Class 2.1, Flammable Gases, and Class 2.1, Flammable Gases, takes precedence over Class 2.2, Non-flammable and Non-toxic Gases;

    • (c) Class 4.1, Flammable Solids, desensitized explosives included in Packing Group I or self-reactive substances;

    • (d) Class 4.2, Substances Liable to Spontaneous Combustion, pyrophoric solids or liquids included in Packing Group I;

    • (e) Class 5.2, Organic Peroxides;

    • (f) Class 6.1, Toxic Substances, that are included in Packing Group I, due to inhalation toxicity;

    • (g) Class 6.2, Infectious Substances; and

    • (h) Class 7, Radioactive Materials.

  • (2) Despite paragraph (1)(f), Class 8 is the primary class when a substance meets the criteria for inclusion in

    • (a) Class 8, Corrosives;

    • (b) Packing Group I due to inhalation toxicity of dusts or mists; and

    • (c) Packing Group III due to oral or dermal toxicity.

  • (3) A consignor must determine the order of precedence among classes that are not listed in subsection (1) in accordance with the following table, except that Class 6.1 takes precedence if a substance is a pesticide under the Pesticide Act and is included in Class 6.1, Packing Group III, and in Class 3, Packing Group III.

    TABLE

    Precedence of Classes — Class and Packing Group

    Class4.24.35.15.15.16.16.16.16.1888888
    Packing GroupAllAllIIIIIIIIIIIIIIIIIIIIIIIII
    CodeDOXXLSLSLS
    3I3333333
    3II3333833
    3III6.16.16.13883
    4.1II4.24.35.14.14.16.16.14.14.184.14.1
    4.1III4.24.35.14.14.16.16.16.14.1884.1
    4.2II4.35.14.24.26.16.14.24.2884.24.24.24.2
    4.2III4.35.15.14.26.16.16.14.288884.24.2
    4.3I5.14.34.36.14.34.34.34.34.34.34.34.34.3
    4.3II5.14.34.36.14.34.34.3884.34.34.34.3
    4.3III5.15.14.36.16.16.14.388884.34.3
    5.1I5.15.15.15.15.15.15.15.15.15.1
    5.1II6.15.15.15.1885.15.15.15.1
    5.1III6.16.16.15.188885.15.1
    6.1ID86.16.16.16.16.1
    6.1IO86.16.16.16.16.1
    6.1IIi86.16.16.16.16.1
    6.1IID86.16.16.16.16.1
    6.1IIO8886.16.16.1
    6.1IIIX888888

    Code:

    D = dermal

    O = oral

    i = by inhalation

    X = any route of exposure - D, O or i

    State:

    S = solid

    L = liquid

 
Date modified: