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

1.37 [Repealed, SOR/2008-34, s. 19]

Polyester Resin Kit Exception

1.38 Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Reporting Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting of a polyester resin kit that consists of a substance included in Class 3, Packing Group II or III and a substance included in Class 5.2, Type D, E or F that does not require temperature control if

• (a) the kit is in transport on a road vehicle, a railway vehicle or a vessel on a domestic voyage;

• (b) the gross mass of the kit is less than or equal to 30 kg;

• (c) the quantity of Class 3 substance in the kit is less than or equal to

  • (i) 1 L for Packing Group II substances, and

  • (ii) 5 L for Packing Group III substances; and

• (d) the quantity of Class 5.2 substance in the kit is less than or equal to

  • (i) 125 mL for liquids, and

  • (ii) 500 g for solids.

Class 6.2, Infectious Substances, UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B Exemption

1.39 Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks), except section 4.22.1, do not apply to the handling, offering for transport or transporting of infectious substances that are included in Category B if

• (a) one external surface of the means of containment for the substances measures at least 100 mm × 100 mm;

• (b) the means of containment is in compliance with Part 5 (Means of Containment) and has displayed on the external surface

  • (i) the mark illustrated in Part 4 (Dangerous Goods Safety Marks) for infectious substances included in Category B, and

  • (ii) the shipping name, on a contrasting background, next to the mark in letters at least 6 mm high; and

• (c) the 24-hour telephone number required under paragraph 3.5(1)(f) is displayed next to the shipping name on the means of containment.

1.40 [Repealed, SOR/2008-34, s. 21]

Biological Products Exemption

1.41 Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport or transporting of biological products if they

• (a) are prepared in accordance with the requirements set out under the Food and Drugs Act;

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

• (c) are in a means of containment that is marked with the words “Biological Product” or “Produit biologique” in black letters at least 6 mm high on a contrasting background.

Human or Animal Specimens Believed Not to Contain Infectious Substances Exemption

• 1.42 (1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport or transporting of human or animal specimens that a person has no reason to believe contain infectious substances.

• (2) The human or animal specimens referred to in subsection (1) must be in a means of containment that is marked with the words “Exempt Human Specimen” or “spécimen humain exempté” or “Exempt Animal Specimen” or “spécimen animal exempté” and that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the specimen.

Tissues or Organs for Transplant Exemption

1.42.1 These Regulations do not apply to the handling, offering for transport or transporting of tissues or organs for transplant.

Blood or Blood Components Exemption

• 1.42.2 (1) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport or transporting of blood or blood components that are intended for transfusion or for the preparation of blood products and are reasonably believed not to contain infectious substances.

• (2) The blood or blood components referred to in subsection (1) must be in a means of containment that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the blood or blood components.

Medical or Clinical Waste

1.42.3 Part 3 (Documentation), sections 4.10 to 4.12 of Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Reporting Requirements) do not apply to the offering for transport, handling, or transporting of dangerous goods that are medical waste or clinical waste if

• (a) the dangerous goods are UN3291, (BIO) MEDICAL WASTE, N.O.S.;

• (b) the dangerous goods are in a means of containment that is in compliance with CGSB-43.125; and

• (c) the following information is displayed on the means of containment:

  • (i) the biohazard symbol; and

  • (ii) the word “BIOHAZARD” or “BIORISQUE”.

Class 7, Radioactive Materials, Exemption

1.43 Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 9 (Road), Part 10 (Rail), Part 11 (Marine) and Part 12 (Air) do not apply to the handling, offering for transport or transporting of Class 7, Radioactive Materials, if the radioactive materials

• (a) satisfy the conditions in the Packaging and Transport of Nuclear Substances Regulations to be transported in an excepted package;

• (b) are in an excepted package; and

• (c) are accompanied by a document that includes the shipping name and UN number of the radioactive materials.

Residue of Dangerous Goods in a Drum Exemption

1.44 Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), and Part 7 (Emergency Response Assistance Plan) do not apply to a residue of dangerous goods contained in a drum that is in transport on a road vehicle, a railway vehicle or a vessel on a domestic voyage, except for dangerous goods included in Packing Group I or contained in a drum otherwise requiring a label for Class 1, 4.3, 6.2 or 7, if

• (a) [Repealed, SOR/2019-101, s. 3]

• (b) the drum is being transported for the purpose of reconditioning or reuse in accordance with section 5.12 of Part 5 (Means of Containment);

• (c) when more than 10 drums are on the road vehicle or on the railway vehicle, the road vehicle or railway vehicle has displayed on it the DANGER placard in accordance with Part 4 (Dangerous Goods Safety Marks); and

• (d) the drums are accompanied by a document that includes the following information:

  • (i) the primary class of each residue and the words “Residue Drum(s)” or “fût(s) de résidu” when the primary class can be reasonably determined, preceded by the number of drums containing dangerous goods with that primary class, and

  • (ii) the words “Residue Drum(s) – Content(s) Unknown” or “fût(s) de résidu – contenu inconnu” if there are any residues for which the primary class cannot be reasonably determined, preceded by the number of drums containing the residues.

Fumigation of Means of Containment

1.45 These Regulations, except for subsection 3.5(3) of Part 3 (Documentation) and section 4.21 of Part 4 (Dangerous Goods Safety Marks), do not apply to a means of containment, or the contents of a means of containment, that is being fumigated with dangerous goods and that is in transport if the fumigant is the only dangerous goods in transport in the means of containment.

Marine Pollutants Exemption

1.45.1 Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks) do not apply to substances that are classified as marine pollutants in accordance with section 2.43 of Part 2 (Classification) if they are in transport solely on land by road vehicle or railway vehicle. However, substances may be identified as marine pollutants on a shipping document and the required dangerous goods safety marks may be displayed when they are in transport by road or railway vehicle.

Miscellaneous Special Cases

1.46 These Regulations do not apply to the following dangerous goods:

• (a) ammoniating fertilizer solutions with an absolute pressure of ammonia less than or equal to 276 kPa at 41°C;

• (b) antimony oxides and antimony sulphides with 0.5% or less arsenic by mass;

• (c) charcoal or carbons that are

  • (i) non-activated carbon blacks of mineral origin,

  • (ii) carbons made by a steam activation process, or

  • (iii) activated or non-activated carbons that pass the self-heating test for carbon in section 33.3.1.3.3 of the Manual of Tests and Criteria;

• (d) cinnabar;

• (e) cyclohexanone peroxides with 70% or more inert inorganic solid, by mass;

• (f) Di-4-chlorobenzoyl peroxide or p-chlorobenzoyl peroxide with 70% or more inert inorganic solid, by mass;

• (g) 1,3-Di-(2-tert-butylperoxyisopropyl) benzene or 1,4-Di-(2-tert-butylperoxyisopropyl) benzene, or mixtures of both, 60% or more, by mass, of which consists of an inert solid, if the substance is in a means of containment in a total quantity less than or equal to 200 kg;

• (h) dibenzoyl peroxide or benzoyl peroxide that is in a concentration less than 35.5%, by mass, with finely ground starch, calcium sulphate dihydrate or dicalcium phosphate dihydrate, or that is in a concentration less than 30%, by mass, with 70% or more, by mass, inert solid;

• (i) dicumyl peroxide with 60% or more inert inorganic solid, by mass;

• (j) ferricyanides and ferrocyanides;

• (k) fish-meal that is acidified and is wetted with 40% or more water, by mass;

• (l) [Repealed, SOR/2017-253]

• (m) [Repealed, SOR/2008-34]

• (n) sodium dichloroisocyanurate dihydrate;

• (o) solvent extracted soya bean meal free of flammable solvent and containing 1.5% or less oil, by mass, and 11% or less moisture, by mass; or

• (p) wood or wood products treated with wood preservatives.

UN1044, FIRE EXTINGUISHERS, Exemption

1.47 Subsections 5.10(1) and (2) of Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of UN1044, FIRE EXTINGUISHERS, if the fire extinguishers

• (a) do not contain dangerous goods included in Class 2.3, Class 6.1 or Class 8;

• (b) are contained in an outer means of containment;

• (c) have a capacity less than 18 L or, if they contain liquefied gas, a capacity less than 0.6 L;

• (d) have an internal pressure less than or equal to 1 650 kPa at 21°C; and

• (e) are manufactured, tested, maintained, marked and used in accordance with ULC Standard S504, ULC Standard S507, ULC Standard S512 or ULC Standard S554.

Air Ambulance Exemption

1.48 These Regulations, except for Part 8 (Reporting Requirements), do not apply to dangerous goods required for patient care on an aircraft if

• (a) the aircraft is configured as an air ambulance and is used only as an air ambulance;

• (b) the transport of the dangerous goods is not forbidden in Schedule 1, Schedule 3 or the ICAO Technical Instructions;

• (c) the dangerous goods are under the control of a health care professional or a person who is trained in accordance with Part 6 (Training);

• (d) in the case of

  • (i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), or

  • (ii) dangerous goods not included in Class 2, Gases, they are in one or more small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and

• (e) the means of containment are secured to prevent unintended movement during transport.

Cylinder Exemption

• 1.49 (1) Subsection 5.1(1) and Section 5.10 of Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods in a cylinder on a road vehicle or an aircraft if

  • (a) the cylinder is from or for a vessel or an aircraft;

  • (b) the cylinder is transported solely for the purpose of refilling, exchanging or requalification;

  • (c) the cylinder is accompanied by a shipping document that includes the words “Cylinder in transport for purpose of refilling, exchanging or requalification in compliance with section 1.49 of the TDGR” or “Bouteille à gaz en transport aux fins de remplissage, d’échange ou de requalification en conformité avec l’article 1.49 du RTMD”;

  • (d) the cylinder is closed and secured so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety;

  • (e) in the case of a cylinder from or for a vessel that is a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001, the cylinder conforms, as applicable, to

    • (i) the Fire Detection and Extinguishing Equipment Regulations, as they read immediately before being repealed,

    • (ii) the Life Saving Equipment Regulations,

    • (iii) the Large Fishing Vessel Inspection Regulations,

    • (iv) the Small Fishing Vessel Inspection Regulations,

    • (v) the Small Vessel Regulations, and

    • (vi) the Vessel Fire Safety Regulations;

  • (f) in the case of a cylinder from or for a vessel that is a foreign vessel as defined in section 2 of the Canada Shipping Act, 2001 and that is a Safety Convention vessel as defined in that section, the cylinder is used for a purpose related to the operation or navigation of the vessel, including a life-saving or emergency purpose; and

  • (g) in the case of a cylinder from or for an aircraft, a flight authority, as defined in subsection 101.01(1) of the Canadian Aviation Regulations, has been issued in respect of the aircraft and the cylinder serves an aeronautical purpose, including a life-saving or emergency purpose.

• (2) When the cylinder has been requalified or filled, the exemption set out in subsection (1) applies only if the cylinder was requalified in accordance with clause 6.5.1(b) of CSA B340 and filled in compliance with clause 6.5.1(c) of CSA B340.