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Transportation of Dangerous Goods Regulations

Version of section 3.10 from 2023-07-05 to 2024-05-14:

  •  (1) A carrier must ensure that a shipping document is placed in a waterproof receptacle that is securely attached to or near the means of containment containing the dangerous goods, at a readily identifiable and accessible location, when the dangerous goods are in transport if

    • (a) they are left in an unsupervised area

      • (i) after being unloaded from a means of transport,

      • (ii) after the cargo unit of a road vehicle containing them has been disconnected from the power unit, or

      • (iii) when the railway vehicle containing them is no longer part of a train; and

    • (b) possession of the dangerous goods has not been transferred to another person.

  • (2) When dangerous goods in transport are left in a supervised area, the person in charge of the supervised area is considered to have taken possession of the dangerous goods. The carrier must leave a copy of the shipping document with that person, who must keep it and give it to the next person who takes possession of the dangerous goods.

  • (3) When the person in charge of a supervised area is absent from the area, that person must ensure that the copy of the shipping document is

    • (a) placed in a waterproof receptacle securely attached to or near the means of containment containing the dangerous goods, at a readily identifiable and accessible location; or

    • (b) left in the possession of an employee who is present in the supervised area and is designated for this purpose by the person in charge of the supervised area.

  • (4) Despite the locations specified in subsections (1) to (3), when dangerous goods that are in transport by road vehicle, railway vehicle or vessel are stored in a supervised or unsupervised area, the shipping document or an electronic copy of it may be left at the office of a person referred to in one of the following paragraphs if the conditions in subsections (5) and (6) are complied with:

    • (a) the rail dispatcher for the area in which the railway vehicle is located;

    • (b) the person responsible for the port at which the dangerous goods are located; or

    • (c) the marine terminal manager at the terminal where the dangerous goods are located.

  • (5) When a shipping record is left at the office of a person referred to in subsection (4),

    • (a) use of the telephone number of that office must be approved in accordance with subsection (6); and

    • (b) that person or that person’s representative must provide immediately, at the request of a federal, provincial or municipal official including a member of a fire department, a facsimile or electronic copy of the shipping record or, if requested, a voice description of the information on the shipping record.

  • (6) The telephone number of the office of a person referred to in subsection (4) must not be used to comply with subsection (5), unless that person gives CANUTEC the following information and receives approval, in writing, from CANUTEC to use that telephone number:

    • (a) the name and address of the person;

    • (b) the telephone number of the office of the person;

    • (c) the physical area to which the telephone number applies and, in the case of a port or a marine terminal, evidence that public access to the area is controlled;

    • (d) the period of time, not to exceed 5 years, for which CANUTEC’s approval is requested; and

    • (e) the dangerous goods to which the approval applies.

  • (7) The Minister may revoke, in writing, the approval to use a telephone number if

    • (a) the person referred to in subsection (4), or that person’s representative, does not answer the telephone;

    • (b) the person referred to in subsection (4), or that person’s representative, does not provide immediately, at the request of a federal, provincial or municipal official including a member of a fire department, a facsimile or an electronic copy of the shipping record or, if requested, a voice description of the information on the shipping record; or

    • (c) public access to a port or marine terminal is not controlled.

  • SOR/2017-253, s. 52
  • SOR/2023-155, s. 31

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