Transportation of Dangerous Goods Regulations

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  • (i) the Fire Detection and Extinguishing Equipment Regulations, as they read immediately before being repealed,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