Transportation of Dangerous Goods Regulations

5.10 (1) A person must not offer for transport, handle or transport dangerous goods included in Class 2, Gases, in a means of containment unless the means of containment is manufactured, selected and used in accordance with

• (a) for transport by road vehicle,

  • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

  • (ii) CSA B340,

  • (iii) CSA B342,

  • (iv) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,

  • (v) CSA B625, or

  • (vi) TP 14877, if the means of containment is a ton container;

• (b) for transport by railway vehicle,

  • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

  • (ii) TP 14877,

  • (iii) CSA B340,

  • (iv) CSA B342, or

  • (v) CSA B625;

• (c) for transport by aircraft,

  • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

  • (ii) CSA B340, or

  • (iii) CSA B342; and

• (d) for transport by vessel,

  • (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,

  • (ii) TP 14877,

  • (iii) CSA B340,

  • (iv) CSA B342,

  • (v) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or

  • (vi) CSA B625.

(2) For the purposes of this section, clause 5.1.3(a) of CSA B340 must be read as requiring a cylinder, sphere or tube to be inspected before it is filled by verifying, through its markings or, in the case of a horizontally mounted container, the markings affixed to the vehicle or frame used to transport the container, that the cylinder, sphere or tube

• (a) was manufactured in accordance with a container specification that is designated by the prefix “CTC”, “ICC”, “TC” or “DOT” and is listed in Table 29 of CSA B339;

• (b) is an equivalent container as defined in CSA B340 and was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT”;

• (c) was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT” followed by “3”, “3A480X”, “3B”, “3BN”, “4B240FLW”, “8”, “8AL” or “8WC”;

• (d) has the letters “CRC”, “BTC”, “CTC” or “TC” displayed on it and was manufactured before January 1, 1993 in accordance with the conditions of a special permit that was issued under the regulations for the transportation of dangerous goods by rail in force before December 5, 1991; or

• (e) has the letters “ICC” or “DOT” displayed on it and was manufactured before January 1, 1993 in accordance with a packaging or handling exemption that was issued under Subpart B of Part 107 of 49 CFR.

(3) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in paragraph (2)(a), (b) or (c) and is due for requalification to be requalified – before being filled – in accordance with the requirements of

• (a) CSA B339, if the requalification is performed in Canada;

• (b) Part 180 of 49 CFR, if the requalification is performed in the United States; or

• (c) CSA B339 or Part 180 of 49 CFR, if the requalification is performed outside both Canada and the United States.

(4) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring

• (a) a cylinder, sphere or tube that is referred to in paragraph (2)(d) or (e) and that is due for requalification to be filled and requalified in accordance with the applicable special permit or exemption; and

• (b) the requalification to be performed by a facility that is registered in accordance with CSA B339 or approved in accordance with Subpart I of Part 107 of 49 CFR.

(5) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in subsection (2) that is due for requalification and that does not meet the requirements of the prefill inspection to be rejected and not be filled until the cause for rejection has been corrected.

(6) For the purposes of this section, the following requirements apply in respect of a report of requalification, repair, reheat treatment or rebuilding that is referred to in clause 24.7 of CSA B339:

• (a) the person who prepares the report must give a copy of it to the owner of the means of containment;

• (b) the person who prepares the report and the owner must each keep a copy of the report for 10 years; and

• (c) the owner must, during the 10-year period, give a copy of the report to any person to whom ownership of the means of containment is transferred.

(7) For the purposes of this section, clause 4.1.7 of CSA B342 must be read as requiring a UN pressure receptacle, including its closures,

• (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;

• (b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or

• (c) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(8) For the purposes of this section, if a UN pressure receptacle is used in accordance with CSA B342 and an outer packaging is required by that standard,

• (a) the UN pressure receptacle must be firmly secured within the outer packaging; and

• (b) one or more inner packagings may be enclosed in the outer packaging, unless otherwise specified in clause 5 of CSA B342.

(9) For the purposes of this section, clause 4.2.3 of CSA B342 must be read as requiring a multiple-element gas container

• (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;

• (b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or

• (c) to be marked with the letters “USA”, denoting the United States as the country of approval, in accordance with section 178.75(j)(1) of 49 CFR, and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(10) For the purposes of this section, clause 5.5.1(b) of CSA B342 must be read as requiring a UN cylinder for adsorbed gases

• (a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture; or

• (b) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(11) For the purposes of this section, a person who uses a standardized means of containment in accordance with CSA B622 must use a means of containment that

• (a) is manufactured in accordance with CSA B620 if it was manufactured in Canada on or after August 31, 2008; and

• (b) is tested and inspected in accordance with CSA B620 if its most recent periodic re-test or periodic inspection was performed in Canada on or after August 31, 2008.

(12) Despite paragraph 11(a), a standardized means of containment that is a TC 51 portable tank and that is used in accordance with CSA B622 may be manufactured in accordance with CSA B620-09.

(13) For the purposes of subsection (12), the following requirements of CSA B622 do not apply:

• (a) the requirement in clause 4.2 respecting TC 51 portable tanks; and

• (b) the requirement in the footnote respecting TC 51 portable tanks after Table 1 to clause 4.4.3.