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

Medical Aid Exemption

• 12.6 (1) Despite paragraph 1.1.5.1(a) of Part 1 of the ICAO Technical Instructions, dangerous goods included in Class 2 must be contained in a means of containment that is manufactured, selected and used in accordance with section 5.10 or 5.11 of these Regulations.

• (2) Despite section 1.1.5.4 of Part 1 of the ICAO Technical Instructions, dangerous goods that were transported under paragraph 1.1.5.1(a) of that Part may be transported on a flight made by an aircraft other than the one on which the dangerous goods were transported if

  • (a) the conditions set out in paragraph 1.1.5.4(a) to (i) of that Part are met;

  • (b) the dangerous goods are transported as soon as possible after the flight on which the dangerous goods were transported; and

  • (c) the dangerous goods are transported to the departure aerodrome of the flight on which the dangerous goods were transported.

Exemption — Aerial Work and Fire Suppression

• 12.7 (1) These Regulations do not apply to the transport by aircraft of

  • (a) dangerous goods that are in quantities necessary to carry out the aerial work operations specified in subsection 702.01(1) of the Canadian Aviation Regulations and that are not exempt under paragraph 1.1.5.1(c) of Part 1 of the ICAO Technical Instructions;

  • (b) dangerous goods that are being transported to a location for the purpose of being used to suppress fire; or

  • (c) dangerous goods that are transported from a location where they were used to suppress fire.

• (2) A person must not transport dangerous goods under subsection (1) unless all of the following conditions are met:

  • (a) the dangerous goods are classified in accordance with this Part;

  • (b) in the case of dangerous goods that are included in Class 2, the dangerous goods are contained in a means of containment that is manufactured, selected and used in accordance with section 5.10 or 5.11;

  • (c) in the case of dangerous goods that are not included in Class 2, except those for which “A87” is set out in column 7 of Table 3-1, the dangerous goods are contained in

    • (i) a tank, a container or an apparatus that is an integral part of the aircraft or that is attached to the aircraft,

    • (ii) a collapsible fabric tank that is transported suspended from a helicopter and is constructed of material and seamed in accordance with MIL-T-52983G, or

    • (iii) a small means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there is no release of the dangerous goods that could endanger public safety;

  • (d) the means of containment is marked with the UN number and shipping name of the dangerous goods;

  • (e) in the case of dangerous goods that are liquid, except dangerous goods referred to in section 1.1.13.1 of Part 4 of the ICAO Technical Instructions, the means of containment is marked with package orientation labels in accordance with the requirements set out in paragraph 3.2.12(b) of Part 5 of those Instructions; and

  • (f) if the pilot-in-command of the aircraft did not load or directly supervise the loading of the dangerous goods, the person who loaded and secured the dangerous goods gives the pilot-in-command the following information with respect to the dangerous goods:

    • (i) the shipping name, UN number and class,

    • (ii) the gross mass of the dangerous goods and, for explosives, the net explosives quantity, and

    • (iii) the location of the dangerous goods on board the aircraft.

• (3) The air carrier must ensure that

  • (a) the person who loads and secures the dangerous goods on board the aircraft is trained, or works under the direct supervision of a person who is trained, in accordance with Part 6 of these Regulations and with Chapter 4 of Part 1 of the ICAO Technical Instructions;

  • (b) if the dangerous goods are handled or transported by a person other than an employee of the air carrier, that person is trained in accordance with Part 6 of these Regulations and with Chapter 4 of Part 1 of the ICAO Technical Instructions; and

  • (c) the person who loads and secures the dangerous goods or directly supervises the loading and securing of the dangerous goods on board the aircraft

    • (i) complies with section 3.1 of Chapter 3 of Part 7 of the ICAO Technical Instructions, and

    • (ii) segregates the means of containment that contain dangerous goods that could react dangerously with one another in case of a release, in accordance with Table 7-1 of Chapter 2 of Part 7 of the ICAO Technical Instructions.

Exemption — Operation and Safety of an Aircraft

• 12.8 (1) These Regulations do not apply to the transport by aircraft of dangerous goods required for the safety of individuals on board the aircraft or for the operation or safety of the aircraft.

• (2) If the dangerous goods referred to in subsection (1) are not installed in the aircraft, they must be contained in a means of containment that is

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

  • (b) marked with the shipping name or common name of the dangerous goods; and

  • (c) in the case of dangerous goods that are liquid, except dangerous goods referred to in paragraph 1.1.13.1(a), (b) or (c) of Part 4 of the ICAO Technical Instructions, the means of containment is marked with package orientation labels in accordance with the requirements set out in paragraph 3.2.12(b) of Part 5 of those Instructions.

• (3) Subsection (2) does not apply to dangerous goods for which “A87” is set out in column 7 of Table 3-1.

Excepted Packages Exemption

12.9 Subsection 12.4(2) of these Regulations and, despite paragraph 6.1.5.1(a) of Part 1 of the ICAO Technical Instructions, the “Radioactive material, excepted package” handling label requirement under paragraph 3.2.12(e) of Part 5 of those Instructions do not apply to the importing, offering for transport, handling or transporting of

• (a) UN2908, RADIOACTIVE MATERIAL, EXCEPTED PACKAGE - EMPTY PACKAGING;

• (b) UN2909, RADIOACTIVE MATERIAL, EXCEPTED PACKAGE - ARTICLES MANUFACTURED FROM NATURAL URANIUM or DEPLETED URANIUM or NATURAL THORIUM;

• (c) UN2910, RADIOACTIVE MATERIAL, EXCEPTED PACKAGE - LIMITED QUANTITY OF MATERIAL;

• (d) UN2911, RADIOACTIVE MATERIAL, EXCEPTED PACKAGE - INSTRUMENTS or ARTICLES; and

• (e) UN3507, URANIUM HEXAFLUORIDE, RADIOACTIVE MATERIAL, EXCEPTED PACKAGE.

ICAO Technical Instructions — Part 2 (Classification of Dangerous Goods)

Class 1

• 12.10 (1) Despite the Introductory Chapter and Chapter 1 of Part 2 of the ICAO Technical Instructions, a substance included in Class 1 must be classified in accordance with paragraph 2.2(3)(a) and sections 2.9, 2.10 and 2.11 of these Regulations.

• (2) A reference to Chapter 1 of Part 2 of the ICAO Technical Instructions in the provisions of those Instructions that are incorporated by reference in this Part is to be read as a reference to paragraph 2.2(3)(a) and sections 2.9, 2.10 and 2.11 of these Regulations.

Class 7

12.11 Despite Chapter 7 of Part 2 of the ICAO Technical Instructions, dangerous goods that are LSA-I or LSA-II material must be classified in accordance with section 5 of the Packaging and Transport of Nuclear Substances Regulations, 2015.

Class 9

• 12.12 (1) Despite section 9.1.2 of Part 2 of the ICAO Technical Instructions, genetically modified micro-organisms and genetically modified organisms are not dangerous goods.

• (2) Despite the requirements set out in the column entitled “Notes” of Table 2-16 in section 9.2 of Part 2 of the ICAO Technical Instructions for UN3077 and UN3082, substances or mixtures that do not meet the criteria for inclusion in any of Classes 1 to 8 nor in Class 9, other than the criteria specified under section 2.9.3 and Chapter 2.10 of the IMDG Code, must be assigned to Packing Group III and designated as UN3077, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S. or UN3082, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S., as applicable.

ICAO Technical Instructions — Part 3 (Dangerous Goods List, Special Provisions and Limited and Excepted Quantities)

12.13 Despite the word “FORBIDDEN” set out in columns 10 and 11 or 12 and 13 of Table 3-1, a person may offer for transport, handle or transport by aircraft dangerous goods included in Class 1 in accordance with this Part if

• (a) the dangerous goods are transported between two points in Canada, directly to or from a location that is a limited access location;

• (b) the aircraft is not carrying any person other than a flight crew member or a person required to accompany the dangerous goods;

• (c) the dangerous goods are in quantities that do not exceed 75 kg net quantity per means of containment;

• (d) the dangerous goods are packed in accordance with the packing instruction indicated, in respect of those dangerous goods, in column 12 of Table S-3-1 of Part S-3 of the Supplement to the ICAO Technical Instructions; and

• (e) the dangerous goods are transported in accordance with section 2.3 of Part S-7 of the Supplement to the ICAO Technical Instructions.

ICAO Technical Instructions — Part 4 (Packing Instructions)

12.14 Despite section 9.2.5 of Part 4 of the ICAO Technical Instructions, dangerous goods that are LSA material or surface contaminated objects must be packaged in accordance with section 27 of the Packaging and Transport of Nuclear Substances Regulations, 2015.

ICAO Technical Instructions — Part 5 (Shipper’s Responsibilities)

Oxidizing Gas Label

• 12.15 (1) Despite sections 3.1.1, 3.1.2 and 3.5.1.1 of Part 5 of the ICAO Technical Instructions, the oxidizing gas label illustrated in the appendix to Part 4 of these Regulations may be displayed on a small means of containment that contains any of the following dangerous goods instead of the labels for the primary and subsidiary class assigned to those dangerous goods:

  • (a) UN1072, OXYGEN, COMPRESSED;

  • (b) UN1073, OXYGEN, REFRIGERATED LIQUID;

  • (c) UN3156, COMPRESSED GAS, OXIDIZING, N.O.S.;

  • (d) UN3157, LIQUEFIED GAS, OXIDIZING, N.O.S.

• (2) For the purpose of interpreting the provisions of the ICAO Technical Instructions referred to in subsection (1), unless the context otherwise requires,

  • (a) a reference to “class hazard” or “division” is to be read as a reference to “class”;

  • (b) a reference to “primary hazard” is to be read as a reference to “primary class”;

  • (c) a reference to “subsidiary hazard” is to be read as a reference to “subsidiary class”; and

  • (d) a reference to “danger label” or “danger class label” is to be read as a reference to “class label”.

Transport Document

• 12.16 (1) Despite section 4.1.1.1 of Part 5 of the ICAO Technical Instructions, a transport document for dangerous goods transported by aircraft must be provided on paper.

• (2) Despite section 4.1.2.1 of Part 5 of the ICAO Technical Instructions, the transport document for dangerous goods transported by aircraft must have, in the left and right margins, red hatching oriented to the right or left.

• (3) In addition to the information required under section 4.1.4.1 of Part 5 of the ICAO Technical Instructions, the transport document for dangerous goods for which an approved ERAP is required under subsection 7(1) of the Act must include

  • (a) the ERAP reference number issued by Transport Canada, preceded or followed by the letters “ERAP” or “PIU”; and

  • (b) the ERAP telephone number required under paragraph 7.3(2)(f) of the Regulations, preceded or followed by the letters “ERAP” or “PIU”.

• (4) Despite section 4.4.1 of Part 5 of the ICAO Technical Instructions, a consignor must be able to produce a copy of any transport document required under this Part for a period of one year after the day on which it was prepared.

ICAO Technical Instructions — Part 6 (Packaging Nomenclature, Marking, Requirements and Tests)

Class 2

• 12.17 (1) Chapter 5 of Part 6 of the ICAO Technical Instructions does not apply to the importing, offering for transport, handling or transporting by aircraft of dangerous goods included in Class 2.

• (2) The requirements set out in sections 5.10 and 5.11 of these Regulations apply to the importing, offering for transport, handling or transporting by aircraft of dangerous goods included in Class 2.

• (3) The exemptions related to fire extinguishers and cylinders set out in sections 1.47 and 1.49 of these Regulations, respectively, apply to the importing, offering for transport, handling or transporting by aircraft of dangerous goods included in Class 2.

Class 7

• 12.18 (1) Despite section 7.21.2 of Part 6 of the ICAO Technical Instructions, the design of a Type B(U) or Type C package used to transport radioactive material must be certified in accordance with section 10 of the Packaging and Transport of Nuclear Substances Regulations, 2015.

• (2) The requirements set out in section 5.17 of these Regulations apply to the importing, offering for transport, handling or transporting by aircraft of dangerous goods included in Class 7.

ICAO Technical Instructions — Part 7 (Operator’s Responsibilities)

Loading on passenger aircraft

12.19 Despite section 2.1.1 of Part 7 of the ICAO Technical Instructions, dangerous goods may be transported in a main deck cargo compartment of a passenger aircraft that does not have a Class B or Class C cargo compartment if the dangerous goods are

• (a) referred to in sections 2.2.2 and 2.2.3 of Part S-7 of the Supplement to the ICAO Technical Instructions; or

• (b) transported in accordance with section 12.30 of these Regulations.