Transportation of Dangerous Goods by Rail Security Regulations (SOR/2019-113)

Marginal note:Training topics

12 Training on the security plan must cover the following topics:

• (a) the railway carrier’s or railway loader’s security objectives;

• (b) the railway carrier’s or railway loader’s organizational structure with respect to security;

• (c) the railway carrier’s or railway loader’s security procedures;

• (d) the security duties of the person who is undergoing the training and any other security duties that are relevant to their duties; and

• (e) the security plan measures that, in the event of a security incident, are relevant to the duties of the person undergoing the training.

Marginal note:Training on revised plan

13 If a railway carrier or railway loader revises the security plan under subsection 10(2) in a way that significantly affects the duties referred to in subsection 11(1), it must ensure that a person with those duties is provided with training on the revisions as soon as possible but not later than 90 days after the day on which the plan is revised.

Security Awareness Training

Marginal note:Security awareness training

• 14 (1) A railway carrier or railway loader must ensure that security awareness training is provided on the following topics:

  • (a) the security risks that are posed by the dangerous goods that the railway carrier or railway loader offers for transport, handles or transports;

  • (b) the measures that are designed to enhance rail security; and

  • (c) the recognition of and response to potential threats and other security concerns.

• Marginal note:Persons required to undergo training

  (2) A person who is employed by or is acting directly or indirectly for the railway carrier or railway loader is required to undergo the security awareness training if the person

  • (a) offers for transport, handles or transports dangerous goods by railway vehicle, in Canada; or

  • (b) has duties, in Canada, regarding the security of the transportation of dangerous goods by railway vehicle but does not perform any of the duties referred to in paragraph (a).

• Marginal note:Provision of training

  (3) The railway carrier or railway loader must ensure that the security awareness training is provided to the person

  • (a) before the day on which the person initially undertakes the duties referred to in paragraph (2)(a), unless the person has, before that date, received an equivalent training;

  • (b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the duties referred to in paragraph (2)(b), unless the person has, before that date, received an equivalent training; and

  • (c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any equivalent training received before the coming into force of this subsection.

• Marginal note:Supervision

  (4) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (2)(b) undergoes security awareness training, the person performs their duties under the supervision of a person who has undergone that training.

Training Records

Marginal note:Training records

• 15 (1) A railway carrier or railway loader must have a training record for each person who has undergone training under section 11, 13 or 14.

• Marginal note:Contents of training record

  (2) The training record must include

  • (a) the person’s name and details of the most recent training session that the person has received under each section, namely the date, the duration, the course title, the delivery method, the components of the security plan that were covered, if applicable, and the name of the training provider; and

  • (b) the title and date of each training session that the person has previously followed under each section.

• Marginal note:Retention period

  (3) The railway carrier or railway loader must retain the record for at least two years after the day on which the person ceases to be employed by or act directly or indirectly for the railway carrier or railway loader.

PART 4Exemptions

Marginal note:Various exemptions

16 Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from all or a portion of the Transportation of Dangerous Goods Regulations in accordance with one or more of the provisions of those Regulations that are set out in Schedule 2.

Marginal note:Limited quantities

17 Parts 1 to 3 do not apply in respect of dangerous goods that are in a limited quantity as determined in accordance with subsection 1.17(1) of the Transportation of Dangerous Goods Regulations.

Marginal note:Excepted quantities

18 Parts 1 to 3 do not apply in respect of dangerous goods if

• (a) they are in an excepted quantity as determined in accordance with subsections 1.17.1(1) and (2) of the Transportation of Dangerous Goods Regulations or are in an excepted quantity that is specified in subsection 1.17.1(8) of those Regulations; and

• (b) the requirement set out in subsection 1.17.1(5) of those Regulations is met.

Marginal note:Samples for classifying, analysing or testing

19 Parts 2 and 3 do not apply in respect of samples of goods that a railway loader reasonably believes to be dangerous goods if

• (a) the classification or the exact chemical composition of the goods is unknown and cannot be readily determined; and

• (b) the conditions set out in paragraphs 1.19.1(a) to (d) of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Dangerous goods in apparatus, piece of equipment or piece of machinery

20 Part 2 and sections 9 to 13 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 167 of those Regulations.

Marginal note:Flammable liquids

21 Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.33 of those Regulations.

Marginal note:Engines or machinery containing dangerous goods

22 Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 154 of those Regulations.

Marginal note:Human or animal specimens

23 Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.42 of those Regulations.

Marginal note:Medical or clinical waste

24 Parts 1 to 3 do not apply in respect of dangerous goods that are medical waste or clinical waste if the conditions set out in paragraphs 1.42.3(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Radioactive materials

25 Parts 2 and 3 do not apply in respect of dangerous goods that are radioactive materials included in Class 7 if the conditions set out in paragraphs 1.43(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Residue in drum

• 26 (1) Subject to subsection (2), Part 2 and sections 9 to 13 do not apply in respect of a residue of dangerous goods contained in a drum if the conditions set out in paragraphs 1.44(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

• Marginal note:Exception

  (2) This exemption does not apply in respect of dangerous goods that are included in Packing Group I or that are contained in a drum for which a Class 1, 4.3, 6.2 or 7 label is required under the Transportation of Dangerous Goods Regulations.

Marginal note:Marine pollutants

27 Part 2 and sections 9 to 13 do not apply in respect of substances that are classified as marine pollutants in accordance with subparagraph 2.43(b)(ii) of the Transportation of Dangerous Goods Regulations.

Marginal note:Life-saving appliances

28 Parts 1 to 3 do not apply in respect of dangerous goods that are determined, in accordance with subsections (1) and (2) of special provision 21 of the Transportation of Dangerous Goods Regulations, to be either UN2990, LIFE-SAVING APPLIANCES, SELF-INFLATING or UN3072, LIFE-SAVING APPLIANCES NOT SELF-INFLATING, if the conditions set out in subsection (3) of that special provision are met.

Marginal note:Molten sulphur

29 Parts 1 to 3 do not apply in respect of dangerous goods that are UN2448, MOLTEN SULFUR, MOLTEN SULPHUR, SULFUR, MOLTEN or SULPHUR, MOLTEN, if the dangerous goods are transported in a large means of containment and the conditions set out in paragraphs (a) and (b) of special provision 32 of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Lithium cells and batteries

30 Parts 1 to 3 do not apply in respect of dangerous goods that are UN3090, LITHIUM METAL BATTERIES (including lithium alloy batteries), UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT (including lithium alloy batteries) or LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT (including lithium alloy batteries), UN3480, LITHIUM ION BATTERIES (including lithium ion polymer batteries) or UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT (including lithium ion polymer batteries) or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT (including lithium ion polymer batteries), if

• (a) the conditions set out in subsection (1) of special provision 34 of the Transportation of Dangerous Goods Regulations are met; and

• (b) in the case of cells and batteries that are installed in equipment, the requirements of subsections (2) to (4) of special provision 34 of those Regulations are met.

Marginal note:Neutron radiation detectors

• 31 (1) Parts 1 to 3 do not apply in respect of a neutron radiation detector, including one with solder glass joints, that

  • (a) does not contain more than 1 g of boron trifluoride gas;

  • (b) may be transported under the UN number and shipping name UN1008, BORON TRIFLUORIDE, in accordance with subsection (1) of special provision 145 of the Transportation of Dangerous Goods Regulations; and

  • (c) is packed in accordance with subsection (2) of special provision 145 of those Regulations.

• Marginal note:Radiation detection systems

  (2) Parts 1 to 3 do not apply in respect of a radiation detection system that contains a neutron radiation detector, including one with solder glass joints, if

  • (a) the neutron radiation detector meets the conditions set out in paragraphs (1)(a) and (b); and

  • (b) the radiation detection system is packed in accordance with subsection (3) of special provision 145 of the Transportation of Dangerous Goods Regulations.