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

30-Day Follow-up Report — Notice and Retention of Report

• 8.13 (1) A person who has made a follow-up report referred to in section 8.11 must, as soon as possible, notify the Minister of any change to the information referred to in paragraph 8.12(e), (h), (i), (k), (n) or (q) that occurs within one year after the day on which the follow-up report was made.

• (2) The person must keep a copy of the report for two years after the day on which it is made.

• (3) The person must make the report available to an inspector within 15 days after the day on which the person receives a written request from the inspector.

Undeclared or Misdeclared Dangerous Goods Report

8.14 A person must make a report to CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666, as soon as possible after discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that are not accompanied by the documentation or dangerous goods marks set out for the dangerous goods in Parts 1 to 6 and 8 of the ICAO Technical Instructions.

Information To Be Included in an Undeclared or Misdeclared Dangerous Goods Report

8.15 A report referred to in section 8.14 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the name of the aircraft operator, aerodrome or air cargo facility;

• (c) the names and contact information of the consignor and consignee;

• (d) the date of the discovery of the dangerous goods;

• (e) the shipping name or UN number of the dangerous goods;

• (f) a description of the means of containment containing the dangerous goods;

• (g) the gross mass or capacity of the means of containment and, if applicable, the total number of means of containment; and

• (h) a description of the route by which the dangerous goods were to be transported, including the names of any aerodromes along the route.

Dangerous Goods Occurrence Report (ICAO)

8.15.1 A person must make a dangerous goods occurrence report (ICAO) to the Minister within seven days after discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that have been transported on board an aircraft without

• (a) being loaded, segregated or secured in accordance with Chapter 2 of Part 7 of the ICAO Technical Instructions; or

• (b) the pilot-in-command having been informed in accordance with section 7;4.1 of the ICAO Technical Instructions.

Information To Be Included in a Dangerous Goods Occurrence Report (ICAO)

8.15.2 A dangerous goods occurrence report (ICAO) referred to in section 8.15.1 must be in writing and include the following information:

• (a) the name and contact information of the person making the report;

• (b) the name of the aircraft operator, aerodrome or air cargo facility;

• (c) the names and contact information of the consignor and consignee;

• (d) the date of the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b);

• (e) the shipping name or UN number of the dangerous goods;

• (f) a description of the means of containment containing the dangerous goods;

• (g) the gross mass or capacity of the means of containment and, if applicable, the total number of means of containment;

• (h) a description of the route by which the dangerous goods were, or were to be, transported, including the names of any aerodromes along the route; and

• (i) a detailed description of the circumstances that led to the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b), as the case may be.

Security Reports

Loss or Theft Report

• 8.16 (1) A person who is required by subsection 18(3) of the Act to report the loss or theft of dangerous goods must, as soon as possible after the loss or theft, report it by telephone to the persons listed in subsection (3) if the lost or stolen dangerous goods are in excess of the quantity set out in subsection (2).

• (2) For the purposes of subsection (1), the quantities of dangerous goods are

  • (a) any quantity, in the case of the following dangerous goods:

    • (i) UN1261, NITROMETHANE,

    • (ii) UN1357, UREA NITRATE, WETTED, with not less than 20% water, by mass,

    • (iii) UN1485, POTASSIUM CHLORATE,

    • (iv) UN1486, POTASSIUM NITRATE,

    • (v) UN1487, POTASSIUM NITRATE AND SODIUM NITRITE MIXTURE,

    • (vi) UN1489, POTASSIUM PERCHLORATE,

    • (vii) UN1495, SODIUM CHLORATE,

    • (viii) UN1498, SODIUM NITRATE,

    • (ix) UN1499, SODIUM NITRATE AND POTASSIUM NITRATE MIXTURE,

    • (x) UN1511, UREA HYDROGEN PEROXIDE,

    • (xi) UN1796, NITRATING ACID MIXTURE with more than 50% nitric acid,

    • (xii) UN1826, NITRATING ACID MIXTURE, SPENT, with more than 50% nitric acid,

    • (xiii) UN1942, AMMONIUM NITRATE with not more than 0.2% combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance,

    • (xiv) UN2014, HYDROGEN PEROXIDE, AQUEOUS SOLUTION with not less than 20% but not more than 60% hydrogen peroxide (stabilized as necessary),

    • (xv) UN2015, HYDROGEN PEROXIDE, AQUEOUS SOLUTION, STABILIZED with more than 60% hydrogen peroxide, or HYDROGEN PEROXIDE, STABILIZED,

    • (xvi) UN2031, NITRIC ACID, other than red fuming,

    • (xvii) UN2032, NITRIC ACID, RED FUMING,

    • (xviii) UN3149, HYDROGEN PEROXIDE AND PEROXYACETIC ACID MIXTURE with acid(s), water and not more than 5% peroxyacetic acid, STABILIZED, and

    • (xix) UN3370, UREA NITRATE, WETTED, with not less than 10% water by mass;

  • (b) any quantity, in the case of dangerous goods in the following primary and subsidiary classes:

    • (i) explosives included in Class 1.1, 1.2 or 1.3,

    • (ii) toxic gases included in Class 2.3,

    • (iii) organic peroxides included in Class 5.2, Type B, liquid or solid, temperature controlled,

    • (iv) toxic substances included in Class 6.1 and Packing Group I,

    • (v) infectious substances included in Class 6.2, and

    • (vi) radioactive materials included in Class 7; and

  • (c) a total quantity of 450 kg or more, in the case of dangerous goods in the following primary and subsidiary classes:

    • (i) explosives included in Class 1.4 (except for 1.4S), 1.5 or 1.6,

    • (ii) flammable gases included in Class 2.1,

    • (iii) flammable liquids included in Class 3,

    • (iv) desensitized explosives included in Class 3 or 4.1,

    • (v) substances liable to spontaneous combustion, pyrophoric solids or liquids, included in Class 4.2 and Packing Group I or II,

    • (vi) water-reactive substances included in Class 4.3 and Packing Group I or II,

    • (vii) oxidizing substances included in Class 5.1 and Packing Group I or II, and

    • (viii) corrosives included in Class 8 and Packing Group I or II.

• (3) For the purposes of subsection (1), the persons to whom the report must be made are

  • (a) CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666;

  • (b) in the case of dangerous goods included in Class 1, Explosives, or referred to in paragraph (2)(a) or subparagraph (2)(b)(i) or (c)(i), a Natural Resources Canada inspector, at 613-995-5555; and

  • (c) in the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission.

• (4) A person who made the report referred to in subsection (1) must notify the persons referred to in subsection (3) if that person finds the dangerous goods that were lost or stolen.

Information To Be Included in a Loss or Theft Report

8.17 A loss or theft report referred to in section 8.16 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the names and contact information of the consignor, the consignee and the carrier;

• (c) information as to whether the dangerous goods were lost or stolen;

• (d) the shipping name or UN number of the lost or stolen dangerous goods;

• (e) the quantity of the lost or stolen dangerous goods;

• (f) a description of the means of containment containing the lost or stolen dangerous goods; and

• (g) the approximate date, time and geographic location of the loss or theft.

Unlawful Interference Report

• 8.18 (1) If there has been unlawful interference with dangerous goods while they were being imported, offered for transport, handled or transported, the person who had the charge, management or control of the goods must, as soon as possible after the discovery of the unlawful interference, report it by telephone to the persons listed in subsection (2).

• (2) For the purposes of subsection (1), the persons to whom the unlawful interference must be reported are

  • (a) CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666;

  • (b) in the case of dangerous goods included in Class 1, Explosives, or referred to in paragraph 8.16(2)(a) or subparagraph 8.16(2)(b)(i) or (c)(i), a Natural Resources Canada inspector, at 613-995-5555; and

  • (c) in the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission.

Information To Be Included in an Unlawful Interference Report

8.19 A report referred to in section 8.18 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the names and contact information of the consignor, the consignee and the carrier;

• (c) a detailed description of the unlawful interference;

• (d) the shipping name or UN number of the dangerous goods;

• (e) a description of the means of containment containing the dangerous goods, and the number of means of containment; and

• (f) the approximate date, time and geographic location of the unlawful interference.

ERAP Reports

ERAP Incident Report

8.20 A person who is required under subsection 18(1) of the Act to report a release or anticipated release of dangerous goods in respect of which an approved ERAP is required under subsection 7(1) of the Act must, as soon as possible after the release or anticipated release, make an ERAP incident report by telephone to the person at the ERAP telephone number required to be included on the shipping document under paragraph 3.6(1)(b), if the dangerous goods are, or could be, in excess of the quantity set out in the following table:

Information To Be Included in an ERAP Incident Report

8.21 An ERAP incident report referred to in section 8.20 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the ERAP reference number;

• (c) in the case of a release of dangerous goods, the date, time and geographic location of the release;

• (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

• (e) the mode of transport used;

• (f) the shipping name or UN number of the dangerous goods;

• (g) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

• (h) in the case of a release, the quantity of dangerous goods estimated to have been released;

• (i) a description of the means of containment containing the dangerous goods;

• (j) an indication of whether a means of containment has been damaged to the extent that its integrity could be compromised;

• (k) an indication of whether a transfer of the dangerous goods to another means of containment is anticipated or required; and

• (l) if applicable, the type of incident leading to the release or anticipated release, including a collision, rollover, derailment, overfill, fire, explosion or load-shift.

ERAP Implementation Report

8.22 Each time a person implements an approved ERAP to tier 1 or tier 2, the person must, as soon as possible, make an ERAP implementation report to CANUTEC, at 1-888-CANUTEC (1-888‑226‑8832) or 613‑996‑6666.

Information To Be Included in an ERAP Implementation Report

8.23 An ERAP implementation report referred to in section 8.22 must include the following information:

• (a) the name and contact information of the person making the report;

• (b) the ERAP reference number;

• (c) if applicable, the person authorized under subsection 7.7(1) to use the ERAP;

• (d) whether the ERAP was implemented to tier 1 or 2;

• (e) the date and time that the ERAP was implemented to tier 1 or 2;

• (f) the shipping name or UN number of the dangerous goods in relation to which the ERAP was implemented; and

• (g) the measures taken to respond to the release or anticipated release.

PART 9Road

Transporting Dangerous Goods from the United States into or through Canada

• 9.1 (1) Despite the requirements in Part 2 (Classification), Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks), a person may handle or transport dangerous goods by road vehicle from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada in accordance with the classification, marking, labelling, placarding and documentation requirements of 49 CFR, if

  • (a) the information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes

    • (i) when dangerous goods are transported to a place in Canada, the name and address of the place of business in Canada of the consignor,

    • (ii) when dangerous goods are transported from a place in the United States through Canada to a place outside Canada, the name and the address of the place of business of each consignor, except that in this case the name and address may be shown on a separate document attached to the shipping document and is required only while that person is the consignor,

    • (iii) the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name “Consumer commodity”, and

    • (iv) if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1);

  • (b) the person complies with the following sections in Part 3 (Documentation):

    • (i) section 3.2, Carrier responsibilities,

    • (ii) section 3.7, Location of a shipping document: road, and

    • (iii) section 3.10, Location of a shipping document: storage in the course of transportation; and

  • (c) on or after August 31, 2008, the labels and placards displayed for dangerous goods included in Class 2.3 or Class 6.1 are the labels and placards required in these Regulations for the dangerous goods. The labels and placards may be displayed before August 31, 2008.

• (2) Subsection (1) does not apply to dangerous goods that

  • (a) are forbidden for transport by these Regulations;

  • (b) are not regulated by 49 CFR but are regulated by these Regulations; or

  • (c) [Repealed, SOR/2017-137, s. 57]

  • (d) are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by these Regulations.

• (3) A person who handles or transports dangerous goods by road vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada if the exemption number appears on the shipping document.

• (4) If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and an exemption referred to in subsection (3), the exemption prevails to the extent of the conflict.