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

Regulations are current to 2022-11-16 and last amended on 2021-06-23. Previous Versions

PART 5Means of Containment (continued)

Classes 3, 4, 5, 6.1, 8 and 9 Dangerous Goods

Small Means of Containment

  •  (1) A person must not offer for transport, handle or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a means of containment that is selected and used in accordance with Part II of CGSB-43.146 or a means of containment that is selected and used in accordance with sections 2 and 3 and with Part 2 of TP 14850.

  • (2) A person must not reuse a steel or plastic drum with a capacity greater than or equal to 150 L to handle, offer for transport or transport dangerous goods that are liquid and are included in Class 3, 4, 5, 6.1, 8 or 9 unless

    • (a) for a steel drum, the requirements for the reconditioning, remanufacturing and repair in Part II of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126; or

    • (b) for a plastic drum, the requirements for the reconditioning, remanufacturing and repair in Part III of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126.

  • (3) The manufacturer or subsequent distributor of a UN standardized small means of containment manufactured in Canada must provide a notice to the initial user in accordance with section 4.4 of TP 14850. The manufacturer or subsequent distributor of a UN standardized intermediate bulk container (IBC) manufactured in Canada must provide a notice to the initial user in accordance with clause 4.8 of CGSB-43.146.

  • (4) A person must not reuse an IBC for liquids, or an IBC for solids, that is filled or discharged under pressure to offer for transport, handle or transport dangerous goods that are included in Class 3, 4, 5, 6.1, 8 or 9 unless it has been leak tested and inspected in accordance with clause 12.6 of CGSB-43.146.

  • (5) In addition to the requirements set out in subsection (1), a person who uses a means of containment that is required under CGSB-43.146 for the offering for transport of dangerous goods must follow the requirements of clauses 12.2, 12.3 and 12.4 of CGSB-43.146.

  • SOR/2002-306, s. 25
  • SOR/2003-273, s. 7
  • SOR/2011-60, s. 4
  • SOR/2014-152, s. 21
  • SOR/2017-137, s. 42

 [Repealed, SOR/2014-152, s. 22]

Large Means of Containment

  •  (1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a large means of containment unless it is manufactured, selected and used in accordance with

    • (a) for transport by road vehicle,

      • (i) the requirements of Part II of CGSB-43.146, if the means of containment is a UN standardized means of containment,

      • (ii) CSA B621, except clause 8.2(b), and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,

      • (iii) CSA B625, or

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

    • (b) for transport by railway vehicle,

      • (i) the requirements of Part II of CGSB-43.146, if the means of containment is a UN standardized means of containment,

      • (ii) TP 14877, or

      • (iii) CSA B625;

    • (c) for transport by aircraft, Part 12 (Air) of these Regulations; and

    • (d) for transport by vessel,

      • (i) the requirements of Part II of CGSB-43.146, if the means of containment is a UN standardized means of containment,

      • (ii) TP 14877,

      • (iii) CSA B621, except clause 8.2(b), and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or

      • (iv) CSA B625.

  • (1.1) [Repealed, SOR/2019-75, s. 7]

  • (2) In addition to the requirements of subparagraphs (1)(a)(ii) and (d)(iii), a person who uses a standardized means of containment that is required by CSA B621 to offer for transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 must use a means of containment

    • (a) manufactured in accordance with CSA B620 if the means of containment was manufactured in Canada on or after August 31, 2008; and

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

  • (3) [Repealed, SOR/2017-137, s. 43]

  • (4) [Repealed, SOR/2017-137, s. 43]

  • SOR/2002-306, s. 27
  • SOR/2005-279, s. 3
  • SOR/2007-179, s. 3
  • SOR/2008-34, s. 70
  • SOR/2012-245, s. 21
  • SOR/2014-152, s. 23
  • SOR/2015-100, s. 4
  • SOR/2017-137, s. 43
  • SOR/2017-253, ss. 15, 52
  • SOR/2019-75, s. 7

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

 [Repealed, SOR/2019-75, s. 8]

Class 6.2, Infectious Substances

Means of Containment for Class 6.2, Infectious Substances

  •  (1) A person must not offer for transport, handle or transport dangerous goods included in Category A or Category B of Class 6.2, Infectious Substances, unless the dangerous goods are in a means of containment that is manufactured, selected and used in accordance with CGSB-43.125.

  • (2) If the means of containment is made available as a kit, the packaging manufacturer and subsequent distributor must provide the packaging information required under section 4.4 of CGSB-43.125 to the packaging purchaser at each initial purchase and to a packaging user upon request.

  • SOR/2008-34, s. 72
  • SOR/2017-137, s. 52
  • SOR/2017-253, s. 16

 [Repealed, SOR/2017-137, s. 53]

 [Repealed, SOR/2017-137, s. 53]

Class 7, Radioactive Materials

Means of Containment for Class 7, Radioactive Materials

 A person must not handle, offer for transport or transport dangerous goods included in Class 7, Radioactive Materials, in a means of containment unless the means of containment is in compliance with the Packaging and Transport of Nuclear Substances Regulations.

Consolidation Bins

Consolidation Bins

 A person must not use a consolidation bin to handle or transport dangerous goods in a road vehicle unless

  • (a) the capacity of the consolidation bin is less than or equal to 1.8 m3 (64 cubic feet);

  • (b) the consolidation bin is reusable and constructed of plastic, wood or metal; and

  • (c) the consolidation bin is blocked or braced within the road vehicle.

PART 6Training

Training Certificate Requirements

  •  (1) A person who handles, offers for transport or transports dangerous goods must

    • (a) be adequately trained and hold a training certificate in accordance with this Part; or

    • (b) perform those activities in the presence and under the direct supervision of a person who is adequately trained and who holds a training certificate in accordance with this Part.

  • (2) An employer must not direct or allow an employee to handle, offer for transport or transport dangerous goods unless the employee

    • (a) is adequately trained and holds a training certificate in accordance with this Part; or

    • (b) performs those activities in the presence and under the direct supervision of a person who is adequately trained and who holds a training certificate in accordance with this Part.

Adequate Training

 A person is adequately trained if the person has a sound knowledge of all the topics listed in paragraphs (a) to (m) that relate directly to the person’s duties and to the dangerous goods the person is expected to handle, offer for transport or transport:

  • (a) the classification criteria and test methods in Part 2 (Classification);

  • (b) shipping names;

  • (c) the use of Schedules 1, 2 and 3;

  • (d) the shipping document and train consist requirements in Part 3 (Documentation);

  • (e) the dangerous goods safety marks requirements in Part 4 (Dangerous Goods Safety Marks);

  • (f) the certification safety marks requirements, safety requirements and safety standards in Part 5 (Means of Containment);

  • (g) the ERAP requirements in Part 7 (Emergency Response Assistance Plan);

  • (h) the report requirements in Part 8 (Reporting Requirements);

  • (i) safe handling and transportation practices for dangerous goods, including the characteristics of the dangerous goods;

  • (j) the proper use of any equipment used to handle or transport the dangerous goods;

  • (k) the reasonable emergency measures the person must take to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from an accidental release of the dangerous goods;

  • (l) for air transport, the aspects of training set out in Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions for the persons named in that Chapter and the requirements in Part 12 (Air) of these Regulations; and

  • (m) for marine transport, the requirements of the IMDG Code and the requirements of Part 11 (Marine) of these Regulations.

  • SOR/2002-306, s. 29
  • SOR/2016-95, s. 41
  • SOR/2017-253, s. 17
  • SOR/2019-101, s. 22

Issuance and Contents of a Training Certificate

  •  (1) An employer who has reasonable grounds to believe that an employee is adequately trained and will perform duties to which the training relates must issue a training certificate to the employee that includes the following information:

    • (a) the name and address of the place of business of the employer;

    • (b) the employee’s name;

    • (c) the date the training certificate expires, preceded by the words “Expires on” or “Date d’expiration”; and

    • (d) the aspects of handling, offering for transport or transporting dangerous goods for which the employee is trained, including the specific topics set out in section 6.2.

  • (2) A self-employed person who has reasonable grounds to believe that he or she is adequately trained and who will perform duties to which the training relates must issue to himself or herself a training certificate that includes the information required by subsection (1).

  • (3) The training certificate must be signed

    • (a) by the employee and by the employer or another employee acting on behalf of the employer; or

    • (b) in the case of a self-employed person, by that person.

  • (4) Despite subsection (1), if the employer of a person who is a member of a vessel’s complement has reasonable grounds to believe that the person’s certificate of competency issued in accordance with the Marine Certification Regulations is acceptable evidence that the person is adequately trained, the employer is not required to issue the training certificate. The certificate of competency is a valid training certificate for the purposes of these Regulations when the certificate of competency is valid in Canada.

  • SOR/2017-253, s. 52

Foreign Carriers

  •  (1) A document that is issued to a driver of a road vehicle licensed in the United States or to a member of the crew of a train subject to 49 CFR for the transportation of dangerous goods and that indicates that the driver or the crew member is trained in accordance with sections 172.700 to 172.704 of 49 CFR is a valid training certificate for the purposes of these Regulations when that document is valid in the United States.

  • (2) A document that is issued to a foreign member of the flight crew of an aircraft registered in a country that is a Member State of the International Civil Aviation Organization and that indicates that the crew member is trained to transport dangerous goods by air is a valid training certificate for the purposes of these Regulations, in accordance with Article 33 of the Convention on International Civil Aviation, when that document is valid in the Member State.

  • (3) A document that is issued to a foreign member of the crew of a vessel registered in a country that is a Member State of the International Maritime Organization and that indicates that the crew member is trained to transport dangerous goods by vessel is a valid training certificate for the purposes of these Regulations when that document is valid in the Member State.

  • SOR/2017-253, s. 52

Expiry of a Training Certificate

 A training certificate expires

  • (a) for transport by aircraft, 24 months after its date of issuance; and

  • (b) for transport by road vehicle, railway vehicle or vessel, 36 months after its date of issuance.

  • SOR/2017-253, s. 52

Keeping Proof of Training: Employer’s and Self-Employed Person’s Responsibility

 An employer or a self-employed person must keep a record of training or a statement of experience, as well as a copy of a training certificate, in electronic or paper form, beginning on the date the training certificate is issued and continuing until two years after the date it expires.

Showing Proof of Training: Employer’s and Self-Employed Person’s Responsibility

 Within 15 days after the date of a written request by an inspector, the employer of a person who holds a training certificate or a self-employed person must provide a copy of the training certificate to the inspector and, if applicable, a copy of the record of training or the statement of experience and a description of the training material used in the person’s training.

Showing Proof of Training: Trained Person’s Responsibility

 A person who handles, offers for transport or transports dangerous goods, or who directly supervises another person engaged in these activities, must give his or her training certificate, or a copy of it, to an inspector immediately on request.

PART 7Emergency Response Assistance Plan

Application

 This Part sets out

  • (a) the requirement to have an approved ERAP;

  • (b) the approval of an ERAP;

  • (c) the authorization to use an approved ERAP;

  • (d) the implementation of an approved ERAP; and

  • (e) the compensation for the authorized implementation of an approved ERAP.

  • SOR/2002-306, s. 30
  • SOR/2008-34, s. 74
  • SOR/2011-239, s. 4
  • SOR/2014-152, s. 25
  • SOR/2014-306, s. 33 (Erratum, Vol. 149, No. 2, page 329)
  • SOR/2015-100, s. 6
 
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