Vol. 150, No. 48 — November 26, 2016

Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)

Statutory authority

Transportation of Dangerous Goods Act, 1992

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Recently, the international community has made updates to the United Nations (UN) Model Regulations (UN Recommendations) and international modal regulations for the different modes of transport for transportation of dangerous goods. These updates include the addition of new marine pollutants to the International Maritime Dangerous Goods Code (IMDG Code), new requirements for dangerous goods safety marks for fumigated cargo and for the transport of lithium batteries and new shipping names and provisions for engines and resin kits. These changes have not yet been introduced in the Transportation of Dangerous Goods Regulations (TDGR), leading to confusion amongst Canadian and foreign stakeholders. Also, new provisions adopted in the 19th edition of the UN Recommendations, regarding the classification of polymerizing substances and viscous liquids, have not yet been incorporated in the TDGR, causing increased burden on consignors who have to classify dangerous goods before offering them for transport.

The TDGR reference the International Civil Aviation Organization (ICAO) Technical Instructions and the IMDG Code. However, these documents are updated regularly and as a result the versions referenced in the TDGR are not always the most current ones. This can be confusing for stakeholders and lead to increased burden since a regulatory amendment is required to update the reference in the TDGR to the newest versions.

Differences between the national standards and regulations in Canada and those in the United States (U.S.) are sometimes causing an impediment for shippers on both sides of the border as they must contend with two sets of requirements. The lack of harmonization, in particular with respect to pressure receptacles and equivalency certificates, is imposing burden on business operation, on cross-border trade and on the gas industry.

The Canadian General Standards Board recently updated the standard for Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste and the standard for Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8 and 9 after 17 years and the TDGR need to be revised to reflect the changes.

In addition, propane cylinders used for hot air ballooning are not certified cylinders under the TDGR and are therefore not compliant with the current TDGR. The TDGR allows dangerous goods to be transported by road in cylinders that are not certified under the TDGR from or for a ship or aircraft for the purpose of refilling, exchange or requalification if certain conditions are met. However, this exemption cannot be used to allow the transport of hot air balloon cylinders by road to and from launch or landing sites or to storage facilities as these activities are not for the purpose of refilling, exchanging or requalification. The temporary solution has been to issue equivalency certificates under the TDGR to allow the transport of the non-specification cylinders, but this is not an ideal long-term solution.

Background

In Canada, the transportation of dangerous goods is regulated under the Transportation of Dangerous Goods Act, 1992 (TDG Act), the Regulations made under the TDG Act and standards incorporated by reference into the TDGR. To ensure consistency among regulatory systems around the world, the UN develops recommendations (UN Recommendations), with the input of member countries, including Canada, to harmonize the hazard classification criteria and hazard communication tools as well as the transport conditions of dangerous goods for all modes of transport. Canada is involved in the development of all aspects of the UN Recommendations for the transportation of dangerous goods and is a member of United Nations agencies, such as ICAO and the International Maritime Organization, and contributes to updates of the ICAO Technical Instructions and the IMDG Code. As a member of these agencies, it is expected that Canada, when revising or developing regulations respecting the transport of dangerous goods, will endeavour to incorporate the principles laid down in the UN Recommendations and the international modal regulations in order to increase worldwide harmonization in the field. As a result the TDGR are updated periodically to harmonize the TDGR, to the greatest extent possible, with the UN Recommendations and the international modal regulations. This internationally harmonized system helps carriers, consignors and inspecting authorities by facilitating compliance and trade between countries and by enhancing the safety of the transportation of dangerous goods both domestically and internationally.

The TDGR incorporate by reference the UN Recommendations, the ICAO Technical Instructions and the IMDG Code for requirements such as classification, labelling and marking of means of containment, transport documentation and safety marks for dangerous goods. The TDGR also specify that people involved in handling such goods must be appropriately trained to ensure they can safely handle and transport dangerous goods.

Bill S-2, Incorporation by Reference in Regulations Act (short title), brought forward amendments to the Statutory Instruments Act specifically aimed at addressing incorporation by reference and was granted royal assent on June 18, 2015. The amendments to the Statutory Instruments Act provide, in some cases, explicit power to incorporate by reference standards in regulation on an ambulatory basis. Incorporation of documents by reference brings the content of a document that is externally or internally generated into a regulation, without the need to reproduce the document in the regulation itself. If the reference in the regulation is a “static” reference (not an ambulatory reference), the document is incorporated as it exists at the time it is made part of the regulation. If the referenced document is amended after it is incorporated, the amendment is not automatically incorporated, and the regulation continues to make reference to the past version. The regulation would need to be amended to adopt the more recent version of the incorporated document. By incorporating the document using an ambulatory reference, “as amended from time to time,” any change to that document would automatically become part of the regulation.

Transport Canada has held ongoing discussions with U.S. regulators to harmonize respective regulations to increase regulatory transparency and coordination between Canada and the United States under the Regulatory Cooperation Council (RCC) initiatives in order to facilitate North American trade and increase economic competitiveness while maintaining high safety standards. The creation of the RCC was announced by former prime minister Stephen Harper and President Barack Obama on February 4, 2011, and regulatory cooperation was reconfirmed as a priority by Prime Minister Justin Trudeau and President Barack Obama on March 10, 2016. Part of the RCC work plan between Transport Canada and the United States involves mutual recognition of specifications for pressure receptacles so that receptacles such as cylinders used in recreational vehicles and outdoor grills manufactured in either the United States or Canada would be eligible to be filled and used in both countries.

The RCC work plan also includes reciprocal recognition of approvals issued in Canada and the United States with respect to the transport of dangerous goods. In Canada, a person may apply for an equivalency certificate under the TDG Act in order to conduct an activity in a way that is not consistent with the TDGR. In the United States, a special permit may be requested to carry out an activity that deviates from the requirements of the U.S. Hazardous Materials Regulations (49 Code of Federal Regulations [CFR]). These approvals are issued under their respective legislation to address situations where the Minister or designated person is satisfied that the activity authorized by the equivalency certificate will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the legislation. For example, a new variation in design of a means of containment may provide the same level of safety as one that complies with the TDGR but since it is not specified in the requirements set out in the TDGR, it would not be considered compliant. In cases where dangerous goods are transported between Canada and the United States, both Canadian and U.S. approvals are sometimes needed. The RCC initiative aims to reduce the burden associated with applying to both countries to obtain approvals for the same shipment.

Another initiative under the RCC is the reciprocal recognition of U.S. one-time movement approvals (OTMAs) and temporary or emergency certificates issued under the TDG Act to move damaged tank cars and means of containment by rail to a nearby location for repair. While movement of a means of containment that does not comply with the TDGR is not normally allowed, it is sometimes necessary to move them to reduce or eliminate an immediate threat to public safety. These approvals are issued in situations where it is determined that the movement of a leaking tank car or means of containment would provide greater safety than allowing it to remain in place. The approvals require that measures be taken to prevent the spread of released dangerous goods. In cases where the means of containment needs to be transported between Canada and the United States, both Canadian and U.S. approvals are currently required. The RCC initiative would reduce the burden associated with applying to both countries to obtain these approvals.

Objectives

This amendment has several objectives. The first is to harmonize the TDGR with international regulatory requirements by updating the TDGR to incorporate changes introduced in the 19th edition of the UN Recommendations, the IMDG Code 2014 and the 2015–2016 ICAO Technical Instructions with respect to safety marks, classification information, shipping names, special provisions and marine pollutants.

The second objective is to introduce ambulatory references (also known as “dynamic references”) for the international codes incorporated in the TDGR. Canadian stakeholders would be required to use the most recent versions of the UN Recommendations, the IMDG Code, the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions as well as the UN Manual of Tests and Criteria (MOTC) and 14 technical standards.

Another objective of this proposal is to reduce regulatory barriers to cross-border trade with the United States by formally recognizing aspects of the United States regulatory regime and by increasing reciprocity of regulatory requirements for pressure receptacles and approvals between Canada and the United States by aligning national standards and regulations.

This proposal would also eliminate the need to obtain an equivalency certificate in order to transport hot air balloon cylinders of propane by road, rail or ship.

Description

The proposed Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016) [proposed amendments] would update the TDGR to harmonize them with the 19th edition of the UN Recommendations. Some changes are also being proposed to ensure consistency with the ICAO Technical Instructions, the IMDG Code and the 49 CFR.

New UN numbers, shipping names and related provisions

Through the proposed amendments, 11 new UN numbers would be added to align the TDGR with the 19th edition of the UN Recommendations, and two new alternate shipping names would be added to existing UN numbers. Changes would also be made to the TDGR to reflect provisions that have been amended or added to the UN Recommendations related to these new UN numbers and shipping names. The following are the main changes being proposed.

POLYESTER RESIN KIT, for which there was previously only one UN number, would now be assigned different numbers for the solid and liquid forms. UN3269 would continue to be used for POLYESTER RESIN KIT, liquid base material, while a new number, UN3527, would be given to POLYESTER RESIN KIT, solid base material. A new provision (special provision 153) would be added to provide criteria for determining the packing group for these resin kits.

Engines and machinery would no longer be listed together with vehicles under UN3166 but would be given new UN numbers depending on the classification of the type of fuel that powers them. New provisions would be added for engines and vehicles related to the new UN numbers. These new provisions (special provisions 154, 156 and 157) would assist in determining the correct UN numbers to use for consignment and to provide or clarify certain exemptions. One new provision (special provision 154) would grant exemptions from several requirements of the Regulations, including those for means of containment standards, safety marks and shipping documents, for engines, machinery and equipment with fuel tanks of 450 L or less. It would also provide exemptions for dangerous goods, such as batteries and fire extinguishers, that are contained in engines or machinery and are necessary for them to function safely. The current exemption for gasoline to operate an instrument or equipment (special case 1.34.1) would be removed from the TDGR as the exemption for gasoline in a fuel tank would be covered under the new special provision 154.

Four new UN numbers would also be added for polymerizing substances based on their state (liquid or solid) and whether they are temperature-controlled or stabilized. A new provision (special provision 155) that sets out specific requirements for transport would be added for these substances and other polymerizing substances if chemical stabilization is used.

The new alternate shipping names HALOGENATED MONOMETHYLDIPHENYLMETHANES, LIQUID, regulated only when the concentration is more than 50 ppm, by mass, and HALOGENATED MONOMETHYLDIPHENYLMETHANES, SOLID, regulated only when the concentration is more than 50 ppm, by mass, would be allowed to be used for UN3151 and UN3152, respectively.

Classification updates

The proposed amendments present updates to several classification provisions of the TDGR to align the TDGR with the requirements in the 19th edition of the UN Recommendations. These updates include the revision of the classification criteria for the selection of packing groups for viscous flammable liquids; clarification of classification criteria for polymerizing substances under Class 4.1, Flammable Solids; new provisions to assist in the classification of radiation detectors; and new requirements for the transport of certain chemically unstable substances (i.e. Class 2 [Gases], Class 3, Division 6.1 and Class 8). An option would also be made available to conduct an alternative test that is less subjective, less toxic and non-carcinogenic, for assigning packing groups to Class 5.1, Oxidizing Substances. The TDGR would also be updated to reflect the addition of subsidiary Class 6.1, Toxic Substances, to the classification of UN2815, N-AMINOETHYLPIPERAZINE, UN2977, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, FISSILE and UN2978, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, non-fissile or fissile excepted, in the current edition of the UN Recommendations.

Under the proposed amendments, a new provision (special provision 167) would be added to clarify that dangerous goods in an instrument or in equipment would have to be transported under UN3363. Although they would be transported under UN3363 instead of the UN number of the dangerous good contained in the instrument or equipment, they would continue to be granted the exemptions from requirements for shipping documents, dangerous goods safety marks and means of containment that are currently provided in the TDGR when they are contained in small quantities.

New marine pollutants

The proposed amendments would update the marine pollutants list in Schedule 3 by adding 62 new entries and removing 5 entries to reflect the changes found in the IMDG Code 2014. These changes are based on the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) criteria for marine pollutants.

Standard for infectious substances

The current edition of the National Standard of Canada CAN/CGSB-43.125 Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste would be referenced in the TDGR. The revised standard includes new names for the different packaging types, packaging requirements aligned with the 19th edition of the UN Recommendations and testing relaxations for road transport. It also adds provisions for performance requirements for means of containment and technical requirements related to the transport of (bio) medical waste that are in the current TDGR. The proposed amendments would remove these duplicate provisions from the TDGR and would update references to the various packaging names to reflect the new names used in the revised standard. A new provision (special provision 164) would be introduced under the proposed amendments to allow the use of certain dangerous goods necessary for maintaining the viability of, stabilizing or preventing degradation or neutralizing hazards of infectious substances. A new provision (special provision 165) would also be added to allow the dangerous good mark for UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B, to be displayed on an empty container as the mark also serves as a certification safety mark under the new standard.

Standard for intermediate bulk containers

The current edition of the National Standard of Canada CAN/CGSB-43.146, Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8 and 9, would be referenced in the TDGR. The revised standard includes a modified definition of intermediate bulk container (IBC) in which the maximum capacity of an IBC (set to 3 000 L) has been removed so that mobile IBCs designed to contain flammable liquids, Class 3, PG III with capacities up to 5 000 L would be captured. It permits the use of recycled plastic in the fabrication of both rigid and composite IBCs and sets a maximum period of use of 60 months past the manufacturing date for all rigid plastic IBCs and plastic inner receptacles of composite IBCs. The previous edition allowed up to 120 months for IBCs with a capacity of 450 L or less and for IBCs used to transport Class 9 liquid dangerous goods. It now addresses the “cross bottling” remanufacturing process by introducing new registration and certification mark requirements and setting requirements for quality management systems of manufacturing facilities that assemble the cages and the inner receptacles of IBCs. The revised standard allows mobile IBCs with bottom openings as long as they remain protected by additional construction requirements such as the opening being inside the footprint of the IBC or protected on all sides. The standard now requires that periodic leak tests be conducted for all IBCs when previously they were only required for non-mobile IBCs with capacities over 450 L. Lightweight IBCs need to be tested before each use, which is an increase from the previous requirement of every 30 months.

Dangerous goods safety marks

The proposed amendments would introduce the new placard and label for Class 9, Lithium Batteries, and the lithium battery mark found in the 19th edition of the UN Recommendations. The new lithium battery mark would be required to be displayed on the means of containment for lithium cells and batteries that are handled, offered for transport or transported on a road vehicle, a railway vehicle or a ship on a domestic voyage under the exemption for lithium batteries (special provision 34). The lithium battery mark would replace the marking requirements under the current exemption. The current marking requirements would continue to be allowed to be displayed until December 31, 2018, at which time use of the new placard and label for Class 9, Lithium Batteries, and the lithium battery mark would be mandatory (special provision 159). New provisions to explain and clarify these requirements would be added to the TDGR.

The proposed amendments would introduce the recently modified fumigation sign that is required under the IMDG Code to be displayed on large means of containment that have been fumigated with dangerous goods.

In addition, two changes would be made to the requirements with respect to the overpack safety mark for small means of containment to reflect the current UN Recommendations. A minimum letter size of 12 mm would be required for the word “OVERPACK” or “SUREMBALLAGE” on at least one side of the overpack and it would no longer be necessary to have the word “OVERPACK” or “SUREMBALLAGE” marked on the overpack if the safety mark on the small means of containment is visible through it.

New definitions

New definitions that align with definitions in the UN Recommendations, the IMDG Code and the ICAO Technical Instructions would be added for adsorbed gas, neutron radiation detector and radiation detection system. Definitions for certain types of means of containment used to transport infectious substances and medical waste would be repealed and replaced with those used in the revised standard CAN/CGSB-43.125. The definition for aerosol container would be replaced with one that aligns with the definition used in the UN Recommendations.

Ambulatory references

This amendment proposes to incorporate ambulatory references to the latest editions of the various international transportation regulations and standards: the UN Recommendations, the IMDG Code, the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions, the 49 CFR, as well as the UN Manual of Tests and Criteria. Ambulatory references would also be used for the following technical standards:

Dangerous goods occurrence report (ICAO)

ICAO reporting requirements for dangerous goods occurrences would be adopted under the proposed amendments. A person would be required to submit a written report to Transport Canada if dangerous goods are discovered to have been carried without being loaded, segregated or secured in accordance with the storage and loading requirements in the ICAO Technical Instructions or if dangerous goods are discovered to have been carried without the pilot-in-command having been informed. The following information would be required to be submitted in the report:

Amendments to implement Regulatory Cooperation Council initiatives
Pressure receptacles

Under the proposed amendments, pressure receptacles (cylinders, tubes and spheres) that meet U.S. Department of Transportation (DOT) specifications would be allowed to be filled with gases such as propane and used in Canada regardless of the date of manufacture. Under the current TDGR, cylinders manufactured after 1992 can only be filled and used in Canada if they conform to Canadian specifications. The proposal would require that requalification, repair, rebuilding or treatment of Canadian or U.S. specification receptacles be conducted in accordance with Canadian specifications when done in Canada, with U.S. specifications when done in the United States and with either U.S. or Canadian specifications when done outside of Canada or the United States. The receptacle would need to be marked in accordance with the specification used. The proposed amendments would also allow aerosol containers that meet U.S. specifications to be transported in Canada regardless of the country in which they were manufactured or filled. Canadian requirements currently state that U.S. aerosol containers must be manufactured and filled in the United States in order to be allowed in Canada.

Approval reciprocity

The proposed amendments would allow dangerous goods to be transported into or through Canada by road or rail under special permits issued in the United States under the 49 CFR if the special permit number is on the shipping document. Requirements for documentation would still have to be met, and certain dangerous goods, such as those forbidden for transport under the TDGR or those that are not regulated under the 49 CFR, could not be transported under this provision. The special permit would only be accepted up to the first destination in Canada. Any reshipping activities, such as distribution, would need to comply with the TDGR or would require an equivalency certificate issued under the TDGR. Refused shipments of dangerous goods being returned to the United States or means of containment containing residues would not require an equivalency certificate.

One-time movement approvals

Under the proposed amendments, a one-time movement approval (OTMA) issued in the United States could be used in Canada to move a means of containment coming from the United States by rail to a location in Canada or through Canada to be cleaned, inspected, tested, repaired, dismantled or unloaded. The destination would have to be specified in the OTMA. Currently, a temporary certificate is required for this activity in Canada even if an OTMA has been issued for it in the United States. This would apply in a situation where, after a train derailment in the United States, a damaged tank car needs to be moved to a facility in Canada for repair but would not be authorized for transport under either the TDGR or the 49 CFR since a damaged tank car that contains dangerous goods (i.e. has not been cleaned and purged) would be out of compliance. An OTMA would be required to transport the tank car within the United States to the Canadian border. That same OTMA could then be used to transport the tank car to its final destination in Canada for repair.

Hot air balloon cylinder exemption

The proposed amendments would allow hot air balloon cylinders containing propane to be transported by road, rail or ship and allow variations to TDGR filling requirements for those cylinders, under certain conditions. A filling limit of up to 85% would be allowed, which is higher than the filling limit established for those cylinders in Canadian standards.

The following conditions for the use of the exemption are proposed. The cylinder would have to be used solely in a hot air balloon and be marked in the prescribed manner. The hot air balloon would need to have an approved flight authority as defined in the Canadian Aviation Regulations. The cylinder would have to be designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport there would be no release of the dangerous goods that could endanger public safety. The cylinder would also have to pass a proof pressure test and an internal and external visual inspection every 10 years. It is proposed that a cylinder that must be requalified on or before January 1, 2018, may be requalified within a 12-month grace period that starts on the day on which the proposed amendments come into force.

The exemption would require that new cylinders manufactured after the proposed amendments come into force be manufactured in accordance with Canadian standards or with U.S. specifications for cylinders set out in the 49 CFR, or in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and marked in accordance with the Transportable Pressure Equipment Directive (TPED). Cylinders that were manufactured prior to the proposed amendments coming into force could continue to be used as long as they meet the other conditions in the exemption.

The proposed exemption would also apply to cylinders that are manufactured and requalified in a foreign country as allowed under Canadian recertification requirements. This exemption would enable foreign cylinders to be transported in Canada for use in hot air balloon festivals.

Other changes to harmonize the TDGR with the UN Recommendations

Other changes that are being proposed to align the TDGR with the 19th edition of the UN Recommendations include the addition of new exemptions (special provisions 163 and 160 respectively) for the transport of safety matches and celluloid table tennis balls. Safety matches and wax matches would be exempt from most requirements of the TDGR as long as they are transported in an outer packaging with a total weight of 25 kg or less. Celluloid table tennis balls would be exempt from most requirements of the TDGR if the mass of each ball is less than or equal to 3 g and the total mass per package does not exceed 500 g. A new provision (special provision 158) would also be added for anhydrous ammonia adsorbed or absorbed on a solid that specifies conditions to be met when it is contained in a pressure receptacle in an ammonia dispensing system.

Administrative amendments

In addition, typographical corrections and minor miscellaneous changes would be made to improve clarity and readability of the TDGR. The proposed changes are as follows:

“One-for-One” Rule

Transport Canada has considered the potential impacts of this regulatory proposal on administrative burden for businesses, and has determined that the “One-for-One” Rule would apply. While some aspects of this proposal would decrease administrative burden, other aspects would increase it. Overall, the proposed amendments would constitute an “IN” as the net administrative burden costs are higher than the reductions.

A cost-benefit analysis has been conducted to assess the impact of the amendment on stakeholders where a 10-year (2017–2026) time period and a 7% discount rate was used.

Dangerous goods occurrences reports

Under the proposed amendments, a report to Transport Canada by the air operator would be required if dangerous goods are discovered to have been carried when not loaded, segregated, separated or secured in accordance with the storage and loading requirements in the ICAO Technical Instructions or if dangerous goods are discovered to have been carried without the required information having been provided to the pilot-in-command. It is estimated that approximately 60 dangerous goods occurrence reports would be required to be submitted per year under the proposed amendments. Although this would be a new requirement, Transport Canada already receives approximately 30 dangerous goods occurrence reports voluntarily each year from various air operators as it is a requirement in the ICAO Technical Instructions. This means that a 100% increase in dangerous goods occurrence reports is expected in the first year after this requirement would come into effect.

It is estimated that it would require one day, approximately 7.5 hours, to collect the data and information required in order to complete the report. Based on an average hourly wage of $29.80, including 25% overhead costs, the present value of the total relevant costs is estimated at $47,039 over the 10-year period, resulting in an annualized value of approximately $6,705.

Hot air balloon exemption

The introduction of an exemption for hot air balloon propane cylinders would reduce the administrative burden associated with the need to apply for equivalency certificates under the TDGR in order to transport them. Transport Canada receives approximately 10 requests for equivalency certificates every two years. These certificates are required to be renewed every two years and take approximately three hours to complete. The present value of the total relevant costs is estimated at $3,033 over the 10-year period, with an annualized value of $432. This would be an “OUT” as it would no longer be required with the introduction of this exemption.

Pressure receptacles

Recognition of pressure receptacles that meet U.S. specifications would remove the need for manufacturers to obtain approvals for the receptacles in both Canada and the United States if they are to be used in both countries. Applying for these approvals (called “registering” in Canada) is an administrative burden for manufacturers. It is estimated that the proposed amendments would eliminate the need for approximately two applications for registration of new pressure receptacles during the 10-year time frame.

Application for renewal of registration of pressure receptacles is required every five years. Transport Canada receives an average of two design submissions for renewal per year. Therefore, it is estimated that approximately two fewer applications for re-registration would be required every year under this proposal. The present value of the total relevant costs is estimated at $1,256 over the 10-year period, with an annualized value of $179. This would be an “OUT” as it would no longer be required with the proposed amendments.

Approvals

The recognition of U.S. special permits would reduce the number of equivalency certificates required to be obtained under the TDGR. Transport Canada receives approximately five applications for equivalency certificates to transport dangerous goods by road or rail per year. It is expected that this number would be reduced by approximately five under the proposed amendments. It is estimated that it takes approximately three hours to complete the applications. The present value of the estimated cost is $3,140 with an annualized value of $447. This would represent an “OUT,” as the burden of having to apply for these certificates would be removed under the proposed amendments.

Therefore, the present value of the net “IN” of this amendment would be $39,664 over the 10-year period, resulting in an annualized value of $5,647.

The annualized value of the total administrative burden imposed by the regulations on businesses is $4,026 (note that the figure stated in the “One-for-One” Rule is measured in 2012 dollars, with a present value base year of 2012, as required by the Red Tape Reduction Act, and thus is different from the value of $5,647). As this is a regulatory amendment, only Element A of the “One-for-One” Rule (the dollar value of the change in administrative burden) would apply, which requires an equivalent reduction in administrative burden costs.

Small business lens

This amendment does not fall within the area of applicability of the small business lens as the total annualized costs are under $1 million. Overall, the proposed amendments are expected to have a low impact on the industry, imposing a cost of $5,647 annually.

Consultation

Canada and the United States held joint meetings with stakeholders in 2012 to share RCC objectives and obtain feedback. Meetings were also held with stakeholders in 2014 to consult on the RCC and to develop the 2015 RCC Work Plan. Stakeholders consulted on the transportation of dangerous goods initiatives under the RCC included representatives from industry as well as standard development bodies, from both sides of the border. They have supported the proposal for mutual recognition of approvals between the two countries.

The proposed amendment was presented to the Transportation of Dangerous Goods (TDG) General Policy Advisory Council and the Multi-Association Committee on TDG stakeholders during the semi-annual meetings held in fall 2015. A Web consultation was initiated on February 2, 2016, followed by a 26-day comment period.

Twenty comments were received during the consultation period from various stakeholders, including provincial governments, industry associations, training companies, hot air balloon companies and associations, propane distributors, chemical manufacturers, air transport companies and associations, and the general public.

Stakeholders were supportive of the proposal to include ambulatory references in the TDGR if appropriate transitional periods could be provided to allow regulatees time to amend design and standard operating procedures should they be needed in order to comply with the updated requirements in the documents. In response, Transport Canada is proposing to follow the same transitional timelines as are in the international modal regulations. The IMDG Code includes a one-year transition period in which regulatees may either continue to meet the requirements in the previous version or comply with the new requirements until the date on which the new requirements become mandatory. For example, the 2014 edition of the IMDG Code was permitted to be applied voluntarily from January 2015 until it came into force on January 1, 2016. Through the ambulatory reference, this transition period would be applicable under the TDGR. As the ICAO Technical Instructions come into force right away there would be no transition period for their application. However, as this is the current situation for international transport, stakeholders are not expected to be significantly impacted by the immediate coming into force of the ICAO requirements. Industry associations representing air operators are aware of upcoming changes to the ICAO Technical Instructions prior to publication of a new edition as they are involved in discussions with the Dangerous Goods Panel. Also, training related to the ICAO Technical Instructions is required under both the TDGR and the ICAO Technical Instructions every two years and often coincides with publication of the latest edition; thus, regulatees are kept aware of the current air requirements.

Comments received from several stakeholders revealed a need to clarify the difference between the lithium battery label required on small means of containment that are regulated under the TDGR and the lithium battery mark that would be required on a means of containment for lithium batteries being transported under the lithium battery exemption (special provision 34). References to the two distinct safety marks have been included in the proposed amendment to clarify the requirements.

Stakeholders were supportive of the proposal to introduce a new requirement for reporting dangerous goods occurrences by air. The proposed amendment responds to previous requests from air operators to make the report, which is a requirement in the ICAO Technical Instructions, a regulatory requirement under the TDGR. It was suggested that the report should be submitted via email, using a specified form, rather than by communicating the information via telephone to CANUTEC. The reason is that the reporting needs for a situation involving a dangerous goods occurrence differ from those involving an accident or incident. Accidents or incidents usually require an immediate response whereas occurrences are typically discovered after the event has taken place, when dangerous goods are no longer in transportation. Transport Canada thus agrees that the dangerous goods occurrence report under the proposed amendment would be required to be made by email.

Hot air balloonists and hot air balloon associations were supportive of the proposed hot air balloon exemption. One stakeholder was concerned that there may be a limited number of facilities registered with Transport Canada that could conduct proof pressure testing and visual internal inspections. There are 48 facilities across Canada that are registered to conduct the proof pressure test. As the test would only be required to be conducted every 10 years, Transport Canada feels that access to these facilities should not pose a significant challenge for balloonists to have their cylinders requalified. It is expected that facilities registered to perform proof pressure testing have the capability to perform visual internal inspections as well. Transport Canada is proposing to allow one additional year to meet the requirement for cylinders for which the requalification date will occur in the first year after the proposed amendment would come into effect.

During the public comment period for the revision of standard CAN/CGSB-43.146, some representatives of the agriculture industry expressed concern regarding the reduction of the life span of rigid plastic IBCs from 10 years to 5 years. While the change would result in increased costs to industry, the option of applying for an equivalency certificate under the TDGR is a possibility if an equivalent level of safety could be demonstrated.

Rationale

The TDGR require updating to reflect recent changes made by the international community to the IMDG Code, the 19th edition of the UN Recommendations and the ICAO Technical Instructions. The proposed amendments would have a positive impact on national and international trade since harmonization of the TDGR with the UN Recommendations and other international regulations would reduce confusion and make the process of importing and exporting dangerous goods more efficient and less time consuming for consignors and carriers.

New UN numbers, shipping names and related provisions

The addition of the new UN numbers and shipping names would create a classification system that is harmonized with the 19th edition of the UN Model Recommendations and would allow dangerous goods to be shipped under appropriate shipping names which will lead to better hazard communication and increase efficiency of emergency response during incidents by helping emergency personnel make more informed decisions. Alignment of provisions with those in the current version of the UN Recommendations would provide clarity and consistency for regulatees.

Related to the new UN numbers and shipping names for dangerous goods contained in engines and vehicles, a new provision would increase the quantity limit for gasoline contained in engines, machinery and equipment that are eligible for exemptions to 450 L from the current limit of 200 L to align the quantity limit with that for diesel, which has similar properties, and to respond to requests from stakeholders to reconsider the current limit.

Marine pollutants

Harmonizing the list of marine pollutants in Schedule 3 of the TDGR with the list in the IMDG Code would facilitate consistent communication of the presence of marine pollutants in a shipment and would ensure safe and efficient transportation. This harmonization would decrease compliance costs for consignors as it removes the burden associated with testing chemicals as marine pollutants.

Classification updates

Updating the classification provisions of the TDGR and aligning them with the 19th edition of the UN Recommendations would assist consignors during the classification of dangerous goods before they offer them for transport by bringing further clarification to the requirements. Allowing an alternative option for conducting the test for assigning packing groups to Class 5.1, Oxidizing Substances, would enable consignors to conduct a test that uses a less toxic, non-carcinogenic substance and is less subjective than the current test which relies on visual determination of burning rates.

Dangerous goods safety marks

Several changes to the TDGR are being proposed to enable emergency responders to recognize danger more quickly and to better plan emergency response. The proposed changes to the overpack marking requirements would ensure that the safety marks are visible, which would help ensure that the dangerous goods are handled according to their classification and could potentially reduce incidents with impacts on the environment and safety. Revisions to the size specifications with respect to the overpack marking would align the TDGR with new UN Recommendations. Introduction of the new placard and label for Class 9, Lithium Batteries, and the lithium battery mark would be consistent with the new safety mark requirements adopted internationally under the UN Recommendations.

Standard for infectious substances

Technical requirements pertaining to the selection of means of containment and performance requirements for means of containment that are used in the transport of (bio) medical waste are more appropriately located in the revised standard CAN/CGSB-43.125. The addition of these requirements to the standard allows for their removal from the TDGR.

A provision to allow certain dangerous goods, such as ethanol or acetic acid, to be transported with infectious substances is needed in the TDGR as these dangerous goods are necessary for maintaining the viability, stabilizing or preventing degradation or neutralizing hazards of the infectious substances. This provision aligns the TDGR with the revised standard CAN/CGSB-43.125 and packing instructions in the 19th edition of the UN Recommendations.

A dangerous goods safety mark on an empty container is considered to be misleading and is not allowed under the TDGR. However, since the UN3373 diamond shape marking is a hybrid marking which serves as both a safety mark in the TDGR and a certification safety mark in the new edition of standard CAN/CGSB-43.125, Transport Canada proposes to allow the non-removable UN3373 mark to be displayed on an empty container so that it would not be considered non-compliant under the TDGR. The UN3373 hybrid marking comes from the UN Recommendations and has been adopted in both 49 CFR and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). If Canada does not adopt this certification safety mark, it could affect cross-border shipments with the United States.

Standard for intermediate bulk containers

The maximum period of use for rigid plastic IBCs and plastic inner receptacles of composite IBCs with a capacity less than or equal to 450 L, or for IBCs used to transport Class 9 liquid dangerous goods was decreased from 10 years to 5 years to meet the requirements of the current UN Recommendations. The standard was modified to allow mobile IBCs with bottom openings, as the use of mobile IBCs has changed significantly since the publication of the 2002 edition of the standard. At that time, mobile IBCs that were on the Canadian market were mostly mid-size fuel tanks fixed to the back of pick-up trucks used for refuelling equipment. Now, mobile IBCs are used for refuelling equipment but also for equipment such as generators. As a result, the need for bottom openings has increased. Also, there is a need to have drains at the bottom of the IBC to facilitate cleaning and repairs.

Although the 19th edition of the UN Recommendations does not permit the use of recycled plastics in the fabrication of IBCs, it does allow the use of recycled plastics for small containers. Standard CAN/CGSB-43.146 allows recycled plastics to be used in the fabrication of IBCs under certain conditions such as having a quality management system where the specific properties of recycled plastic material used for the production of new IBCs is verified and documented regularly. Allowing the use of recycled plastics benefits manufacturers by providing them with the option and making them more competitive on the international market. This change responds to requests made by some stakeholders during consultation on the standard.

A cross-bottled IBC is a remanufactured IBC in which an inner receptacle from one manufacturer is placed into an outer cage produced by another manufacturer. The standard introduces requirements with respect to this process to provide clarity for regulatees, which was lacking in the previous edition.

The requirement to conduct leak tests for all IBCs was added to align the TDGR with current UN Recommendations. This test is important for mobile IBCs as visual internal inspections alone usually provide very limited results. The introduction of a requirement to conduct a leak test and inspection of lightweight IBCs before each use is more stringent than the UN Recommendations, which require it every 30 months. However, Transport Canada feels that based on their construction, these IBCs should be treated similarly to drums, which need to be reconditioned between each use under the TDGR.

Dangerous goods occurrences

Adopting ICAO reporting requirements for dangerous goods occurrences would allow Transport Canada to monitor compliance in order to target compliance promotion and enforcement action to enhance the safety of air transport. Some air operators have been requesting that these reporting requirements be added to the TDGR.

Amendments to implement RCC initiatives

The proposed amendments would reduce the regulatory barriers to trade with the United States through recognition of U.S. pressure receptacle specifications, special permits for the transport of dangerous goods by road and rail and one-time movement approvals for the transport of dangerous goods by rail. The result would be reduced costs related to applying for approvals, product testing and export certification, which would ultimately make North America more competitive on the world stage with respect to the movement of gases, in particular propane, across the borders while enhancing the safety, efficiency and reliability of the transportation system.

Recognition of pressure receptacles that meet U.S. specifications would benefit manufacturers, as they would no longer be required to obtain dual approvals and put both Canadian and American specification marks on containers that are destined for use in both countries. There are currently two manufacturers of pressure receptacles in Canada. It is expected that one of them would use the proposed new provision to meet U.S. specifications instead of Canadian ones. As a result they would save the cost of conducting the tests required to register the receptacle in Canada and associated administrative costs of applying for a Canadian approval. End-users of pressure receptacles, such as companies that supply gases to hospitals, laboratories, industries and the average Canadian, would benefit, as they would no longer need to requalify the receptacles to meet both U.S. and Canadian specification requirements. The proposed amendments would make it easier to comply with requirements and would increase competitiveness.

The proposed amendments would enable Canada to fulfill commitments under the Memorandum of Cooperation between the U.S. Department of Transportation and Transport Canada, signed in August 2012, and commitments made in the RCC work plan announced in 2014. They would support the message from Prime Minister Justin Trudeau during his visit with President Barack Obama on March 10, 2016, when the two leaders announced their intention to enhance regulatory cooperation efforts between the two countries.

Ambulatory references

The introduction of ambulatory references in the TDGR would require Canadian consignors and carriers to use the most recent versions of the various international transportation regulations and standards, which would increase efficiency and eliminate the burden associated with being in compliance with both current international and outdated domestic regulations. Amending the TDGR takes, at a minimum, 12 to 18 months. By incorporating ambulatory references into the TDGR, any changes to those referenced documents would automatically become part of the TDGR and thus this delay would be eliminated. The use of ambulatory references would benefit stakeholders and Government as it would save time and money related to compliance promotion and awareness. Currently, the Government has to answer many questions from stakeholders to explain differences in requirements, in particular with respect to classification and safety marks, due to the lack of harmonization between the Canadian TDGR and international regulations.

Hot air balloon exemption

The introduction of an exemption for hot air balloon propane cylinders would eliminate the burden associated with the need to apply for equivalency certificates under the TDGR in order to transport them by road, rail or ship.

Variations from the standard filling requirements would be allowed so that the cylinders could be filled in accordance with the instructions for continued airworthiness issued by the manufacturers of the hot air balloons. These manuals provide maintenance instructions that must be followed in order to meet certification requirements under the Canadian Aviation Regulations.

The proposal would allow new hot air balloon cylinders to be manufactured in accordance with the specifications in the ADR for hot air balloon propane cylinders, in particular. This proposal also reflects the understanding that the majority of hot air balloon cylinders will be imported from Europe where they are manufactured to meet the ADR. The ADR and the TPED were recently revised to contain specifications for the construction and transport of hot air balloon propane cylinders. Canadian specifications apply to cylinders in general but not to hot air balloon cylinders in particular. Transport Canada has determined that cylinders built to ADR requirements are acceptable for transport by road, rail or ship in Canada. The majority of manufacturers of these cylinders are located in Europe and are manufacturing them according to the ADR and TPED. Hot air balloon cylinders are not currently manufactured in Canada and their long lifespan results in very little demand for new ones. While most hot air balloon cylinders currently in use in Canada will not need to be replaced for many years, it is expected that cylinders purchased in Canada in the future will typically be imported from European manufacturers.

The proposal would also recognize Canadian specification cylinders as well as U.S. DOT specification cylinders, as some hot air balloon cylinders are currently built to U.S. DOT specifications. These specifications are also acceptable for the construction and transport of hot air balloon cylinders. Recognizing hot air balloon cylinders that meet the requirements of the U.S. specifications or the ADR would improve international harmonization and reduce burden for hot air balloonists.

The ADR requires a phased withdrawal of older cylinders in Europe; however, such an approach is unfavourable in Canada because there are only 490 balloons operating domestically, many as hobby balloons, and withdrawal would have a significant impact on the industry as the cost of the currently used stainless steel cylinders is approximately $5,000. Under the proposed amendments, hot air balloon cylinders manufactured before the coming- into-force date would continue to be allowed under certain conditions. Requirements regarding use and periodic requalification of the cylinders would ensure safety for continued use of the cylinders.

Other changes to harmonize the TDGR with the UN Recommendations

An exemption for the transport of celluloid table tennis balls would be introduced to align the TDGR with the exemption in the 19th edition of the UN Recommendations. The UN Recommendations provide the exemption since although table tennis balls can meet the classification criteria for Class 4.2 (Substances Liable to Spontaneous Combustion) if tested right after they are manufactured, the leaking solvent that causes them to meet the criteria dissipates quickly and they no longer meet the classification criteria to be considered as dangerous goods if they are tested a short time later.

The exemption for the transport of safety matches and the new special provision for anhydrous ammonia adsorbed or absorbed on a solid would also be introduced to align the TDGR with the UN Recommendations.

Costs

Consignors and carriers would incur costs associated with meeting the new requirements for dangerous goods safety marks. The costs of the requirements to use the new placard or label for Class 9, Lithium Batteries, and the new lithium battery mark or the new fumigation sign are expected to be minimal. Shippers are currently required to affix similar safety marks, which cost the same (approximately $2 per placard), and a transitional period would be granted so that existing stock could be liquidated by the time new safety marks would be required. Also, fumigation signs are available in a rewritable material so they can be reused for subsequent shipments.

The introduction of the 60-month maximum period of use for rigid plastic IBCs and plastic inner receptacles of composite IBCs would increase the cost for owners and users of these IBCs as they are currently allowed to use them for up to 10 years. As this timeline is a requirement in the current UN Recommendations, owners and users who transport them internationally would already be meeting this requirement so the costs for them would be lower. The new requirement to conduct a leak test for each lightweight IBC before use would increase costs for owners and users; however, Transport Canada has not received any negative feedback from industry with respect to this change.

The requirement to provide a written report to Transport Canada for a dangerous goods occurrence on board an aircraft would result in a cost for air operators. This cost would be related to the time required to gather the required information and to write the report. While the requirement to report a dangerous goods occurrence under the TDGR would be new, many operators already make the report voluntarily to Transport Canada, as it is a requirement in the ICAO Technical Instructions; thus, the increase in cost is not expected to be high.

There would be an initial cost associated with training and educating consignors on the filling and requalification procedures related to the recognition of U.S. pressure cylinders and approvals issued in the United States. Over time, the cost of doing business would decrease and there would be economic benefits in both countries’ business and trade.

There would be a slight increase in cost to consignors who domestically transport any of the 62 dangerous goods that would be added to the list of marine pollutants in the TDGR as a result of the proposed amendments, as they would be required to display the marine pollutant safety mark on the means of containment. The addition of these new marine pollutants to the TDGR would not increase compliance costs for consignors that transport marine pollutants internationally, as they are already required to include the marine pollutant safety marks under the IMDG Code.

There would be minor costs associated with the new requirement to conduct the proof pressure test and the visual internal inspection of hot air balloon cylinders. It is estimated that the additional cost of these requirements would be approximately $30 to $50 and would be required every 10 years.

Implementation, enforcement and service standards

The proper implementation of regulatory amendments is a key aspect of the regulatory life cycle. Once regulatory amendments become law, the TDG Directorate develops new training and awareness material for inspectors and stakeholders. New regulatory requirements are disseminated using a communication network that is already well established. Some of the main tools used to implement regulatory changes are

Compliance with the TDG Act and the TDGR is verified through inspections. These inspections are carried out at both the federal level and the provincial level and involve all modes of transport and all consignors of dangerous goods. The implementation objective is to update and enhance inspector training tools to ensure that oversight is undertaken by properly trained staff. The proposed amendments are anticipated to have a neutral effect on TDG inspectors. Information would be provided to them to keep them updated and aware of the new requirements.

Contact

Transportation of Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5766
Fax: 613-993-5925
Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 27 (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), proposes to make the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016).

Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Geneviève Sansoucy, Regulatory Affairs Branch, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-5766; fax: 613-993-5925; email: TDGRegulatoryProposalTMDPropositionReglementaire@tc.gc.ca).

Ottawa, November 17, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)

Amendments

1. (1) The entry for section 1.9 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is struck out.

(2) The entry for section 1.34.1 in the Table of Contents of Part 1 of the Regulations is struck out.

(3) The Table of Contents of Part 1 of the Regulations is amended by adding the following after the entry for section 1.49:

2. (1) Subparagraph 1.3(2)(d)(iv) of the Regulations is replaced by the following:

(2) The italicized text after subparagraph 1.3(2)(d)(iv) of the Regulations is struck out.

(3) The second paragraph of italicized text after subparagraph 1.3(2)(j)(ii) of the Regulations is struck out.

3. The table to section 1.3.1 of the Regulations is replaced by the following:

Table

Item

Column 1

Short Form

Column 2

Safety Standard or Safety Requirement

1 (1)

ASTM D 4359

ASTM D 4359-90, “Standard Test Method for Determining Whether a Material Is a Liquid or a Solid”, July 1990, published by the American Society for Testing and Materials (ASTM)

2 (2)

ASTM F 852

ASTM F 852-86, “Standard Specification for Portable Gasoline Containers for Consumer Use”, June 1986, published by the American Society for Testing and Materials (ASTM)

3 (3)

CGA P-20

“Standard for Classification of Toxic Gas Mixtures”, Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA)

4 (4)

CGSB-32.301

National Standard of Canada CAN/CGSB-32.301-M87, “Canola Meal”, April 1987, published by the Canadian General Standards Board (CGSB)

5 (5)

CGSB-43.123

Canadian General Standards Board, CGSB-43.123, “Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods”, published by the Canadian General Standards Board (CGSB), as amended from time to time

6 (6)

CGSB-43.125

National Standard of Canada CAN/CGSB-43.125, “Packaging of Category A and Category B infectious substances (Class 6.2) and clinical (bio) medical or regulated medical waste”, published by the Canadian General Standards Board (CGSB), as amended from time to time

7 (7)

CGSB-43.126

Canadian General Standards Board, CGSB-43.126, “Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods”, published by the Canadian General Standards Board (CGSB), as amended from time to time

8 (8)

CGSB-43.146

National Standard of Canada CAN/CGSB-43.146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8 and 9”, published by the Canadian General Standards Board (CGSB), as amended from time to time

9 (9)

CGSB-43.151

National Standard of Canada CAN/CGSB-43.151, “Packing, handling, offering for transport and transport of Explosives (Class 1)”, published by the Canadian General Standards Board (CGSB), as amended from time to time

10 (11)

CSA B339

CSA Standard B339, “Cylinders, spheres, and tubes for the transportation of dangerous goods”, published by the Canadian Standards Association (CSA), as amended from time to time

11 (12)

CSA B340

CSA Standard B340, “Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2”, published by the Canadian Standards Association (CSA), as amended from time to time

12 (13)

CSA B341

CSA Standard B341, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”, published by the Canadian Standards Association (CSA), as amended from time to time

13 (14)

CSA B342

CSA Standard B342, “Selection and use of UN pressure receptacles, multiple-element gas containers, and other pressure receptacles for the transport of dangerous goods, Class 2”, published by the Canadian Standards Association (CSA), as amended from time to time

14 (15)

CSA B620

CSA Standard B620, “Highway tanks and TC portable tanks for the transportation of dangerous goods”, published by the Canadian Standards Association (CSA), as amended from time to time

15 (16)

CSA B621

CSA Standard B621, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”, published by the Canadian Standards Association (CSA), as amended from time to time

16 (17)

CSA B622

CSA Standard B622, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”, published by the Canadian Standards Association (CSA), as amended from time to time

17 (18)

CSA B625

CSA Standard B625, “Portable tanks for the transport of dangerous goods”, published by the Canadian Standards Association (CSA), as amended from time to time

18 (19)

CSA B626

CSA Standard B626, “Portable tank Specification TC 44”, published by the Canadian Standards Association (CSA), as amended from time to time

19 (32)

49 CFR

Parts 171 to 180 of Title 49 of the “Code of Federal Regulations” of the United States, as amended from time to time

20 (20)

ICAO Technical Instructions

“Technical Instructions for the Safe Transport of Dangerous Goods by Air”, published by the International Civil Aviation Organization (ICAO), as amended from time to time

21 (10)

IMDG Code

Volumes 1 and 2 of the “International Maritime Dangerous Goods Code”, published by the International Maritime Organization (IMO), as amended from time to time

22 (21)

ISO 2592

International Standard ISO 2592:2000(E), “Determination of flash and fire points — Cleveland open cup method”, Second Edition, September 15, 2000, published by the International Organization for Standardization (ISO)

23 (22)

ISO 9328-2

International Standard ISO 9328-2, “Steel plates and strips for pressure purposes — Technical delivery conditions — Part 2: Unalloyed and low-alloyed steels with specified room temperature and elevated temperature properties”, First Edition, December 1, 1991, published by the International Organization for Standardization (ISO)

24 (23)

ISO 10156

International Standard ISO 10156, “Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets”, Second Edition, February 15, 1996, published by the International Organization for Standardization (ISO)

25 (24)

ISO 10298

International Standard ISO 10298, “Determination of toxicity of a gas or gas mixture”, First Edition, December 15, 1995, published by the International Organization for Standardization (ISO)

26 (29)

Manual of Tests and Criteria

“Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria”, published by the United Nations (UN), as amended from time to time

27 (30)

MIL-D-23119G

MIL-D-23119G, “Military Specification: Drums, Fabric, Collapsible, Liquid Fuel, Cylindrical, 500-Gallon Capacity”, July 15, 1992, published by the United States Department of Defense

28 (31)

MIL-T-52983G

MIL-T-52983G, “Military Specification: Tanks, Fabric, Collapsible: 3,000, 10,000, 20,000 and 50,000 Gallon, Fuel”, May 11, 1994, published by the United States Department of Defense

29 (25)

OECD Guidelines 404

OECD Guidelines for the Testing of Chemicals No. 404, “Acute Dermal Irritation/Corrosion”, April 24, 2002, published by the Organization for Economic Co-operation and Development (OECD)

30 (26)

OECD Guidelines 430

OECD Guidelines for the Testing of Chemicals No. 430, “In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test Method”, July 26, 2013, published by the Organization for Economic Co-operation and Development (OECD)

31 (27)

OECD Guidelines 431

OECD Guidelines for the Testing of Chemicals No. 431, “In vitro skin corrosion: reconstructed human epidermis (RHE) test method”, July 26, 2013, published by the Organization for Economic Co-operation and Development (OECD)

32 (28)

OECD Guidelines 435

OECD Guideline for the Testing of Chemicals No. 435, “In Vitro Membrane Barrier Test Method for Skin Corrosion”, July 19, 2006, published by the Organization for Economic Co-operation and Development (OECD)

33 (34)

Supplement to the ICAO Technical Instructions

“Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air”, published by the International Civil Aviation Organization (ICAO), as amended from time to time

34 (35)

TP14850

Transport Canada Standard TP14850E, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and, 9, a Transport Canada Standard”, 2nd Edition, October 2010, published by the Department of Transport

35 (36)

TP14877

Transport Canada Standard TP14877E, “Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard”, December 2013, published by the Department of Transport

36 (37)

ULC Standard S504

National Standard of Canada CAN/ULC-S504-02, “Standard for Dry Chemical Fire Extinguishers”, Second Edition, August 14, 2002, as amended January 2007, August 2007 and April 2009, published by Underwriters’ Laboratories of Canada

37 (38)

ULC Standard S507

National Standard of Canada CAN/ULC-S507-05, “Standard for Water Fire Extinguishers”, Fourth Edition, February 28, 2005, as amended January 2007, published by Underwriters’ Laboratories of Canada

38 (39)

ULC Standard S512

National Standard of Canada CAN/ULC-S512-M87, “Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers”, April 1987, as amended March 1989, March 1990, April 1993, September 1996, September 1997 and April 1999, and reaffirmed February 2007, published by Underwriters’ Laboratories of Canada

39 (40)

ULC Standard S554

National Standard of Canada CAN/ULC-S554-05, “Standard for Water Based Agent Fire Extinguishers”, Second Edition, February 28, 2005, and reaffirmed 2010, published by Underwriters’ Laboratories of Canada

40 (33)

UN Recommendations

“Recommendations on the Transport of Dangerous Goods”, published by the United Nations (UN), as amended from time to time.

4. (1) The definitions “Type 1A means of containment”, “Type 1B means of containment” and “Type 1C means of containment” in section 1.4 of the Regulations are repealed.

(2) The definition “aerosol container” in section 1.4 of the Regulations is replaced by the following:

aerosol container

means an article consisting of any non-refillable means of containment that contains a substance under pressure and that is fitted with a self-closing device that allows the contents to be ejected as

  • (a) solid or liquid particles in suspension in a gas;
  • (b) a foam, paste or powder; or
  • (c) a liquid or gas. (bombe aérosol)

(3) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:

adsorbed gas

means a gas that when packaged for transport is adsorbed onto a solid porous material resulting in an internal receptacle pressure of less than 101.3 kPa at 20°C and less than 300 kPa at 50°C. (gaz adsorbé)

neutron radiation detector

means a device that detects neutron radiation and includes a device in which a gas may be contained in a hermetically sealed electron tube transducer that converts neutron radiation into a measureable electric signal. (détecteur de rayonnement neutronique)

radiation detection system

means an apparatus that contains a radiation detector as a component. (système de détection des rayonnements)

Type P620 means of containment

means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type P620 packaging or, if it is manufactured outside Canada, is in compliance with the requirements of Chapter 6.3 and Packing instruction P620 of the UN Recommendations and the national regulations of the country of manufacture. (contenant de type P620)

Type P650 means of containment

means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type P650 packaging or, if it is manufactured outside Canada, is in compliance with the requirements of Packing Instruction P650 of the UN Recommendations and the national regulations of the country of manufacture. (contenant de Type P650)

5. Section 1.9 of the Regulations is repealed.

6. Section 1.34.1 of the Regulations is repealed.

7. The portion of section 1.35 of the Regulations after the title and before paragraph (a) is replaced by the following:

Part 3 (Documentation), the UN number requirements in section 4.12 and 4.15.2 of Part 4 (Dangerous Goods Safety Marks), and Part 6 (Training) do not apply to the offering for transport, handling or transporting on a road vehicle of dangerous goods that are UN1202, DIESEL FUEL or UN1203, GASOLINE, if

8. Subparagraph 1.41(b)(i) of the Regulations is replaced by the following:

(i) that is a Type P650 means of containment, or

9. Paragraph 1.42(2)(a) of the Regulations is replaced by the following:

10. Paragraph 1.42.2(2)(a) of the Regulations is replaced by the following:

11. The portion of section 1.42.3 of the Regulations after the italicized text that follows the title and before paragraph (a) is replaced by the following:

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

12. The italicized text after subparagraph 1.44(d)(i) of the Regulations is struck out.

13. Paragraph 1.49(1)(g) of the Regulations is replaced by the following:

14. Part 1 of the Regulations is amended by adding the following after section 1.49:

1.50 Hot Air Balloon Cylinder Exemption

(1) Sections 5.1, 5.2 and 5.5 and subsections 5.10(1) and (2) of Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of UN1978, PROPANE, in a cylinder on a road vehicle, a railway vehicle or a ship on a domestic voyage if

(2) For the purposes of subparagraph (1)(d)(iv), “ADR” means the “European Agreement concerning the International Carriage of Dangerous Goods by Road”, published by the United Nations, as amended from time to time and “TPED” means the “Transportable Pressure Equipment Directive”, Directive 2010/35/EU, June 16, 2010, published by the Council of the European Union.

(3) Subject to subsection (4), a cylinder referred to in subparagraph (1)(d)(iv) or (v) must be requalified within

(4) A cylinder that must be requalified on or before January 1, 2018 may be requalified within a 12-month grace period that starts on the day on which this section comes into force.

(5) When it is requalified, a cylinder referred to in subparagraph (1)(d)(iv) or (v) must

15. The Table of Contents of Part 2 of the Regulations is amended by adding the following after the entry for section 2.21:

Polymerizing Substances 2.21.1

16. (1) Subsection 2.19(3) of the Regulations is replaced by the following:

(3) Despite paragraph (1)(b), a viscous flammable liquid that has a flash point less than 23°C may be included in Packing Group III if

(2) The table to subsection 2.19(3) of the Regulations is replaced by the following:

Table

Kinematic viscosity extrapolated ν (at near-zero shear rate) mm2/s at 23°C

Flow time t (seconds)

Jet diameter (mm)

Flash point, closed cup (°C)

20 < ν ≤ 80

20 < t ≤ 60

4

above 17

80 < ν ≤ 135

60 < t ≤ 100

4

above 10

135 < ν ≤ 220

20 < t ≤ 32

6

above 5

220 < ν ≤ 300

32 < t ≤ 44

6

above -1

300 < ν ≤ 700

44 < t ≤ 100

6

above -5

700 < ν

100 < t

6

No limit

(3) Section 2.19 of the Regulations is amended by adding the following after the table to subsection (3):

(3.1) If a liquid referred to in subsection (3) is non- Newtonian substance or a flow cup method of viscosity determination is unsuitable, a variable shear-rate viscometer must be used to determine the dynamic viscosity coefficient of the liquid, at 23°C, at a number of shear rates. The values obtained must be plotted against shear rate and then extrapolated to zero shear rate. The dynamic viscosity value thus obtained, divided by the density, gives the apparent kinematic viscosity at near-zero shear rate.

17. (1) The portion of section 2.21 of the Regulations after the title and before paragraph (a) is replaced by the following:

(1) Class 4 has three divisions:

(2) Paragraph 2.21(1)(a) of the Regulations is amended by adding the following after sub- paragraph (iv):

(iv.1) polymerizing substances that, without stabilization, are liable to undergo a strongly exothermic reaction resulting in the formation of larger molecules or resulting in the formation of polymers under conditions normally encountered in transport,

(3) Section 2.21 of the Regulations is amended by adding the following after subsection (1):

(2) For the purposes of subparagraph (1)(a)(iv.1), a substance is considered to be a polymerizing substance of Class 4.1 if it

18. Part 2 of the Regulations is amended by adding the following after section 2.21:

2.21.1 Polymerizing Substances

A person must not offer for transport, handle or transport the following polymerizing substances unless they are stabilized by temperature control:

19. (1) Paragraph 2.22(1)(a) of the Regulations is replaced by the following:

(2) Subparagraph 2.22(1)(b)(i) of the Regulations is replaced by the following:

(i) the substances meet the criteria for inclusion in Class 4.1 in subparagraph 2.21(1)(a)(iv) or (v), except that substances that have one of the following UN numbers are included in Packing Group III: UN2956, UN3241 or UN3251,

20. Subparagraph 2.24(b)(iv) of the English version of the Regulations is replaced by the following:

21. Subsections 2.25(1) and (2) of the Regulations are replaced by the following:

(1) The packing group for a substance that is included in Class 5.1, Oxidizing Substances, must be determined by using a test sample of the substance that

(2) In the case of solid substance included in Class 5.1, Oxidizing Substances, the test procedure set out in either subsection 34.4.1 (test O.1) or subsection 34.4.3 (test O.3) of Part III of the Manual of Tests and Criteria must be carried out on the test sample. The substance is included in

(2.1) In the case of a liquid substance included in Class 5.1, Oxidizing Substances, the test procedure set out in subsection 34.4.2 (test O.2) of Part III of the Manual of Tests and Criteria must be carried out on the test sample. The substance is included in

22. Paragraph 2.40(c) of the Regulations is replaced by the following:

23. Paragraph 2.43.1(2)(d) of the Regulations is replaced by the following:

24. The Table of Contents of Part 4 of the Regulations is amended by adding the following after the entry for section 4.23:

25. Subsection 4.10(1) of the Regulations is amended by adding the following after paragraph (b):

(b.1) the Class 9, lithium battery label, illustrated in the appendix to this Part, must be displayed on a small means of containment for the following dangerous goods:

26. (1) Paragraph 4.10.1(1)(a) of the Regulations is replaced by the following:

(2) Subsection 4.10.1(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply if the safety mark on the small means of containment is visible through the overpack.

27. Section 4.15 of the Regulations is amended by adding the following after subsection (2) and before the italicized text that follows that subsection:

(3) Despite subsections (1) and (2), the Class 9, lithium battery placard, illustrated in the appendix to this Part, must be displayed on each side and each end of a large means of containment for the following dangerous goods:

28. Subsection 4.19(3) of the Regulations is replaced by the following:

(3) Despite paragraph (2)(b), if a compartmentalized large means of containment contains UN3475, ETHANOL AND GASOLINE MIXTURE, the UN number “3475” must be displayed, in addition to the UN number of the dangerous goods with the lowest flash point, on each side and on each end of the compartmentalized large means of containment.

29. Part 4 of the Regulations is amended by adding the following after section 4.23:

4.24 Lithium Battery Mark

(1) For the purposes of special provision 34, the lithium battery mark, illustrated in the appendix to this Part, must indicate

(2) When a package contains lithium cells or batteries assigned to different UN numbers, all applicable UN numbers must be indicated on one or more marks.

(3) Subject to subsection (4), the mark must be at least 120 mm wide 110 mm high and the hatching must be at least 5 mm wide.

(4) The dimensions of the mark may be reduced for packaging that is an irregular shape or size if

30. The label, placard and descriptions after the subheading “Class 9, Miscellaneous Products, Substances or Organisms” in the appendix to Part 4 of the Regulations are replaced by the following:

Image - Detailed information can be found in the surrounding text.

Label and Placard

Black: Symbol, number and line 5 mm inside the edge for a label and 12.5 mm inside the edge for a placard

White: Background

Symbol: 7 black stripes resulting in 13 equally spaced vertical stripes in the upper half

The number "9" underlined in bottom corner

Class 9, Lithium Batteries

Image - Detailed information can be found in the surrounding text.

Label and Placard

Black: Symbol, number and line 5 mm inside the edge for a label and 12.5 mm inside the edge for a placard

White: Background

Symbol: 7 black stripes resulting in 13 equally spaced vertical stripes in the upper half; battery group, one broken and emitting flame in lower half.

The number "9" underlined in bottom corner

31 The illustration and description after the subheading “FUMIGATION SIGN” in the appendix to Part 4 of the Regulations are replaced by the following:

image - Detailed information can be found in the surrounding text.

Black: Symbol and text

White: Background

Size: Rectangle, at least 400 mm wide and 300 mm high with an outer line that is at least 2 mm wide

Symbol: The word "DANGER" centered on top of skull and crossbones

The lettering must be at least 25 mm high

The additional text under the symbol is:

THIS UNIT IS UNDER FUMIGATION

WITH * APPLIED ON

**

***

VENTILATED ON ****

DO NOT ENTER

* Replace with name of fumigant

** Replace with date

*** Replace with time of fumigation

**** Replace with date of ventilation

32. The appendix to Part 4 of the Regulations is amended by adding the following after the mark and description for UN 3373 after the subheading “CATEGORY B MARK” under the heading “MARKS”:

LITHIUM BATTERY MARK

Detailed information can be found in the surrounding text.

* Replace with UN number(s)

** Replace with telephone number for additional information

Black: Symbol

White: Background

Red: Border hatching, at least 5 mm wide

Size: Rectangle, at least 120 mm wide x 110 mm high

Symbol: A group of batteries, one damaged and emitting flame, above the UN number for lithium ion or lithium metal batteries or cells

33. The entries for sections 5.16.1 and 5.16.2 in the Table of Contents of Part 5 of the Regulations are struck out.

34. Subparagraphs 5.6(a)(i) and (ii) of the Regulations are replaced by the following:

35. The portion of section 5.10 of the Regulations after the title is replaced by the following:

(1) A person must not offer for transport, handle or transport dangerous goods included in Class 2, Gases, in a means of containment unless the means of containment is manufactured, selected and used in accordance with

(2) For the purposes of this section, clause 5.1.3(a) of CSA B340 must be read as requiring a cylinder, sphere or tube to be inspected before it is filled by verifying, through its markings or, in the case of a horizontally mounted container, the markings affixed to the vehicle or frame used to transport the container, that the cylinder, sphere or tube

(3) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in paragraph (2)(a), (b) or (c) and is due for requalification to be requalified – before being filled – in accordance with the requirements of

(4) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in paragraph (2)(d) or (e) and that is due for requalification to be filled and requalified in accordance with its special permit or exemption.

(5) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring a cylinder, sphere or tube that is referred to in subsection (2) that is due for requalification and that does not meet the requirements of the prefill inspection to be rejected and not be filled until the cause for rejection has been corrected.

(6) For the purposes of this section, clause 4.18.1 of CSA B339 may be read as not requiring the inspection by an independent inspector of a cylinder or sphere that is manufactured, rebuilt, or reheat treated in Canada or the United States in accordance with one of the following container specifications:

(7) For the purposes of this section, clause 4.20 of CSA B339 must be read as requiring certificates of compliance with chemical composition and test reports to be verified and signed by the independent inspector or the inspector of the manufacturer, as applicable.

(8) For the purposes of this section, the following requirements apply in respect of a report of requalification, repair, reheat treatment or rebuilding that is referred to in clause 24.7 of CSA B339:

(9) For the purposes of this section, clause 4.1.7 of CSA B342 must be read as requiring a UN pressure receptacle, including its closures,

(10) For the purposes of this section, if a UN pressure receptacle is used in accordance with CSA B342 and an outer packaging is required by that standard,

(11) For the purposes of this section, clause 4.2.3 of CSA B342 must be read as requiring a multiple- element gas container

(12) For the purposes of this section, clause 5.5.1(b) of CSA B342 must be read as requiring a UN cylinder for adsorbed gases

(13) For the purposes of this section, a standardized means of containment that is used in accordance with CSA B622

36. (1) Subsection 5.12(1) of the Regulations is replaced by the following:

(1) A person must not offer for transport, handle or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a means of containment that is selected and used in accordance with Part II of CGSB-43.146 or a means of containment that is selected and used in accordance with sections 2 and 3 and with Part 2 of TP14850.

(2) Section 5.12 of the Regulations is amended by adding the following after subsection (2):

(3) The manufacturer or subsequent distributor of a UN standardized small means of containment manufactured in Canada must provide a notice to the initial user in accordance with section 4.4 of TP14850. The manufacturer or subsequent distributor of a UN standardized IBC manufactured in Canada must provide a notice to the initial user in accordance with section 4.8 of CGSB-43.146.

(4) A person must not reuse an IBC for liquids, or an IBC for solids, that is filled or discharged under pressure to offer for transport, handle or transport dangerous goods that are included in Class 3, 4, 5, 6.1, 8 or 9 unless it has been leak tested and inspected in accordance with section 12.7 of CGSB-43.146.

(5) In addition to the requirements set out in subsection (1), a person who uses a means of containment that is required under CGSB-43.146 for the offering for transport of dangerous goods must follow the requirements of sections 12.2, 12.3 and 12.4 of CGSB-43.146.

37. Subsections 5.14(3) and (4) are repealed.

38. The portion of section 5.16 of the Regulations after the title, and the italicized text, are replaced by the following:

(1) A person must not offer for transport, handle or transport dangerous goods included in Category A or Category B of Class 6.2, Infectious Substances, unless the dangerous goods are in a means of containment that is manufactured, selected and used in accordance with CGSB-43.125.

(2) If the means of containment is made available as a kit, the packaging manufacturer and subsequent distributor must provide the packaging information required under section 4.4 of CGSB-43.125 to the packaging purchaser at each initial purchase and to a packaging user upon request.

39. Sections 5.16.1 and 5.16.2 of the Regulations are repealed.

40. The Table of Contents of Part 8 of the Regulations is amended by adding the following after the entry for section 8.15:

41. Part 8 of the Regulations is amended by adding the following after section 8.15:

8.15.1 Dangerous Goods Occurrence Report (ICAO)

A person must make a dangerous goods occurrence report (ICAO) to the Director General within 7 days of discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that have been carried on board an aircraft without

8.15.2 Information to be Included in a Dangerous Goods Occurrence Report (ICAO)

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

42. (1) Paragraph 9.1(1)(b) of the Regulations is amended by adding the following after sub-paragraph (i):

(2) Subsection 9.1(2) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).

(3) Section 9.1 of the Regulations is amended by adding the following after subsection (2):

(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.

43. The Table of Contents of Part 10 of the Regulations is amended by adding the following after the entry for section 10.1:

One-time Movement of a Non-conforming Means of Containment ... 10.1.1

44. (1) Paragraph 10.1(1)(b) of the Regulations is amended by adding the following after subparagraph (i):

(2) Subsection 10.1(2) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).

(3) Section 10.1 of the Regulations is amended by adding the following after subsection (2):

(3) A person who handles or transports dangerous goods by railway 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.

45. Part 10 of the Regulations is amended by adding the following after section 10.1:

10.1.1 One-time Movement of a Non-conforming Means of Containment

(1) A means of containment that is handled or transported by railway vehicle in accordance with an approval under section 174.50 of 49 CFR may be handled or transported 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

(2) If there is a conflict between sections 5.1 and 5.2 of Part 5 (Means of Containment) and an approval referred to in subsection (1), the authorization prevails to the extent of the conflict.

46. Paragraph 11.1(2)(a) of the Regulations is amended by adding the following after subparagraph (iii):

47. (1) Subparagraph 12.1(1)(a)(iii) of the Regulations is repealed.

(2) Paragraph 12.1(1)(c) of the Regulations is amended by striking out “and” at the end of subparagraph (v) and by adding the following after that subparagraph:

48. Schedule 1 to the Regulations is amended by adding the following after UN Number UN0509:

Col. 1

Col. 2

Col. 3

Col. 4

Col. 5

Col. 6

Col. 7

Col. 8

Col. 9

UN Number

Shipping Name and Description

Class

Packing Group/ Category

Special Provisions

6(a)

6(b)

ERAP Index

Passenger- Carrying Ship Index

Passenger- Carrying Road Vehicle or Passenger- Carrying Railway Vehicle Index

Explosive Limit and Limited Quantity Index

Excepted Quantities

UN0510

ROCKET MOTORS

1.4C

   

0

E0

   

Forbidden

49. The portion of UN Number UN1005 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1005

23, 158

50. The portion of UN Number UN1010 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1010

155

51. The portion of UN Number UN1051 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1051

23, 155

52. The portion of UN Number UN1060 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1060

155

53. The portion of UN Numbers UN1081 and UN1082 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1081

38, 155

UN1082

23, 155

54. The portion of UN Numbers UN1085 to UN1087 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1085

155

UN1086

155

UN1087

155

55. The portion of UN Numbers UN1092 and UN1093 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1092

23, 155

UN1093

155

56. The portion of UN Number UN1143 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1143

23, 155

57. The portion of UN Number UN1167 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1167

155

58. The portion of UN Number UN1185 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1185

23, 155

59. The portion of UN Numbers UN1202 and UN1203 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1202

88, 150

UN1203

17, 88, 98, 150

60. The portion of UN Number UN1218 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1218

155

61. The portion of UN Number UN1223 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1223

 

62. The portion of UN Numbers UN1246 and UN1247 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1246

155

UN1247

155

63. The portion of UN Number UN1251 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1251

23, 155

64. The portion of UN Numbers UN1301 to UN1304 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1301

155

UN1302

155

UN1303

155

UN1304

155

65. The portion of UN Number UN1545 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1545

155

66. The portion of UN Number UN1583 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number

Packing Group/ Category

Special Provisions

UN1583

I

16, 115, 166

II

16

III

16

67. The portion of UN Number UN1589 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1589

23,38, 155

68. The portion of UN Number UN1614 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1614

38, 155, 166

69. The portion of UN Number UN1724 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1724

155

70. The portion of UN Numbers UN1828 and UN1829 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1828

166

UN1829

23, 155

71. The portion of UN Number UN1860 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1860

155

72. The portion of UN Number UN1863 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number

Packing Group/ Category

Special Provisions

UN1863

I

17, 150

II

17, 150

III

17, 150

73. The portion of UN Number UN1917 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1917

155

74. The portion of UN Number UN1919 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1919

155

75. The portion of UN Number UN1921 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1921

155

76. The portion of UN Numbers UN1944 and UN1945 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1944

69, 163

UN1945

69, 163

77. The portion of UN Number UN1991 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN1991

155

78. The portion of UN Number UN2000 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2000

160

79. The portion of UN Number UN2055 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2055

155

80. The portion of UN Number UN2200 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2200

155

81. The portion of UN Number UN2218 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2218

155

82. The portion of UN Number UN2227 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2227

155

83. The portion of UN Number UN2251 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2251

155

84. The portion of UN Number UN2254 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2254

69

85. The portion of UN Number UN2277 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2277

155

86. The portion of UN Number UN2283 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2283

155

87. The portion of UN Number UN2285 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2285

166

88. The portion of UN Number UN2348 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2348

155

89. The portion of UN Number UN2352 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2352

155

90. The portion of UN Number UN2383 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2383

155

91. The portion of UN Number UN2396 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2396

155

92. The portion of UN Number UN2452 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2452

155

93. The portion of UN Number UN2478 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number

Packing Group/ Category

Special Provisions

UN2478

II

16, 166

III

16, 166

94. The portion of UN Number UN2521 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2521

23, 155

95. The portion of UN Number UN2527 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2527

155

96. The portion of UN Number UN2531 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2531

155

97. The portion of UN Number UN2607 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2607

155

98. The portion of UN Number UN2618 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2618

155

99. The portion of UN Number UN2742 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2742

166

100. The portion of UN Number UN2814 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2814

16, 38, 84, 164

101. The portion of UN Number UN2815 of Schedule 1 to the Regulations in column 3 is replaced by the following:

Col. 1

Col. 3

UN Number

Class

UN2815

8
(6.1)

102. The portion of UN Number UN2838 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2838

155

103. The portion of UN Number UN2900 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2900

16, 38, 84, 164

104. The portion of UN Numbers UN2977 and UN2978 of Schedule 1 to the Regulations in column 3 is replaced by the following:

Col. 1

Col. 3

UN Number

Class

UN2977

7
(6.1)
(8)

UN2978

7
(6.1)
(8)

105. The portion of UN Number UN2983 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN2983

166

106. The portion of UN Number UN3022 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3022

155

107. The portion of UN Number UN3073 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3073

155

108. The portion of UN Number UN3079 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3079

23, 155

109. The portion of UN Numbers UN3090 and UN3091 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3090

34,123,137, 138, 149, 151 159

UN3091

34, 137, 138, 159

110. The portion of UN Numbers UN3151 and UN3152 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

UN Number

Shipping Name and Description

UN3151

POLYHALOGENATED BIPHENYLS, LIQUID, regulated only when the concentration is more than 50 ppm, by mass;

or

HALOGENATED MONOMETHYLDIPHENYLMETHANES, LIQUID, regulated only when the concentration is more than 50 ppm, by mass;

or

POLYHALOGENATED TERPHENYLS, LIQUID, regulated only when the concentration is more than 50 ppm, by mass

UN3152

POLYHALOGENATED BIPHENYLS, SOLID, regulated only when the concentration is more than 50 ppm, by mass;

or

HALOGENATED MONOMETHYLDIPHENYLMETHANES, SOLID, regulated only when the concentration is more than 50 ppm, by mass;

or

POLYHALOGENATED TERPHENYLS, SOLID, regulated only when the concentration is more than 50 ppm, by mass

111. The portion of UN Number UN3166 of Schedule 1 to the Regulations in columns 2 and 5 is replaced by the following:

Col. 1

Col. 2

Col. 5

UN Number

Shipping Name and Description

Special Provisions

UN3166

VEHICLE, FLAMMABLE GAS POWERED; or VEHICLE, FLAMMABLE LIQUID POWERED; or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED; or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED

67, 93, 96, 156, 157

112. The portion of UN Numbers UN3170 and UN3171 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3170

161

UN3171

67, 96, 157

113. The portion of UN Number UN3269 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

UN Number

Shipping Name and Description

UN3269

POLYESTER RESIN KIT, liquid base material

114. The portion of UN Numbers UN3275 and UN3276 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number

Packing Group/ Category

Special Provisions

UN3275

I

16, 115, 166

II

16

UN3276

I

16, 115, 166

II

16

III

16

115. The portion of UN Numbers UN3278 to UN3281 of Schedule 1 to the Regulations in Column 5 is replaced by the following:

Col. 1

Col. 4

Col. 5

UN Number

Packing Group/ Category

Special Provisions

UN3278

I

16, 115, 166

II

16

III

16

UN3279

I

16, 115, 166

II

16

UN3280

I

16, 115, 166

II

16

III

16

UN3281

I

16, 115, 166

II

16

III

16

116. The portion of UN Number UN3291 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3291

128

117. The portion of UN Number UN3314 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3314

152

118. The portion of UN Number UN3363 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3363

167

119. The portion of UN Number UN3373 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3373

38, 164, 165

120. The portion of UN Numbers UN3480 and UN3481 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3480

34, 123, 137, 138, 151, 159

UN3481

34, 137, 138, 159

121. The portion of UN Number UN3507 of Schedule 1 to the Regulations in columns 3 and 5 is replaced by the following:

Col. 1

Col. 3

Col. 5

UN Number

Class

Special Provisions

UN3507

6.1
(7)
(8)

162

122. The portion of UN Number UN3516 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3516

16, 23, 38, 158

123. Schedule 1 to the Regulations is amended by adding the following after UN Number UN3526:

Col. 1

Col. 2

Col. 3

Col. 4

Col. 5

Col. 6

Col. 7

Col. 8

Col. 9

UN Number

Shipping Name and Description

Class

Packing Group/ Category

Special Provisions

6(a)

6(b)

ERAP Index

Passenger- Carrying Ship Index

Passenger- Carrying Road Vehicle or Passenger- Carrying Railway Vehicle Index

Explosive Limit and Limited Quantity Index

Excepted Quantities

UN3527

POLYESTER RESIN KIT, solid base material

4.1

II

141, 153

5 kg

E0

   

1 kg

III

141, 153

5 kg

E0

   

5 kg

UN3528

ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

or

ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED;

or

MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

or

MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED

3

 

154

0

E0

     

UN3529

ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED;

or

ENGINE, FUEL CELL, FLAMMABLE GAS POWERED;

or

MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED;

or

MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED

2.1

 

154

0

E0

   

Forbidden

UN3530

ENGINE, INTERNAL COMBUSTION;

or

MACHINERY, INTERNAL COMBUSTION

9

 

154

0

E0

     

UN3531

POLYMERIZING SUBSTANCE, SOLID, STABILIZED, N.O.S.

4.1

III

16, 155

0

E0

   

10 kg

UN3532

POLYMERIZING SUBSTANCE LIQUID, STABILIZED, N.O.S.

4.1

III

16, 155

0

E0

   

10 L

UN3533

POLYMERIZING SUBSTANCE, SOLID, TEMPERATURE CONTROLLED, N.O.S.

4.1

III

16, 155

0

E0

   

Forbidden

UN3534

POLYMERIZING SUBSTANCE, LIQUID, TEMPERATURE CONTROLLED, N.O.S.

4.1

III

16, 155

0

E0

   

Forbidden

124. (1) The portion of subsection (1) of special provision 23 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:

(1) A consignor of these dangerous goods must include, except for UN1005, ANHYDROUS AMMONIA, the words “toxic by inhalation” or “inhalation hazard” or “toxique par inhalation” or “toxicité par inhalation” in the following places, unless the words are already part of the shipping name:

(2) The italicized text after subsection (1) of special provision 23 of Schedule 2 to the Regulations is struck out.

(3) The list of italicized UN numbers after special provision 23 of Schedule 2 to the Regulations is replaced by the following:

UN1005, UN1008, UN1016, UN1017, UN1023, UN1026, UN1040, UN1045, UN1048, UN1050 to UN1053, UN1062, UN1064, UN1067, UN1069, UN1071, UN1076, UN1079, UN1082, UN1092, UN1098, UN1135, UN1143, UN1163, UN1182, UN1185, UN1238, UN1239, UN1244, UN1251, UN1259, UN1380, UN1510, UN1541, UN1560, UN1569, UN1580 to UN1582, UN1589, UN1595, UN1605, UN1612, UN1613, UN1647, UN1660, UN1670, UN1672, UN1695, UN1722, UN1741, UN1744 to UN1746, UN1749, UN1752, UN1754, UN1809, UN1810, UN1829, UN1831, UN1834, UN1838, UN1859, UN1892, UN1911, UN1953, UN1955, UN1967, UN1975, UN1994, UN2032, UN2186, UN2188 to UN2192, UN2194 to UN2199, UN2202, UN2204, UN2232, UN2334, UN2337, UN2382, UN2407, UN2417, UN2418, UN2420, UN2421, UN2438, UN2442, UN2474, UN2477, UN2480 to UN2488, UN2521, UN2534, UN2548, UN2605, UN2606, UN2644, UN2646, UN2668, UN2676, UN2692, UN2740, UN2743, UN2826, UN2901, UN3023, UN3057, UN3079, UN3083, UN3160, UN3162, UN3168, UN3169, UN3246, UN3278 to UN3281, UN3294, UN3300, UN3318, UN3355, UN3381 to UN3390, UN3488 to UN3491, UN3512, UN3514 to UN3526

125. Subsections (4) and (5) of special provision 34 of Schedule 2 to the Regulations are replaced by the following:

(4) Each means of containment must be marked with the appropriate lithium battery mark, as illustrated in the appendix to Part 4 (Dangerous Goods Safety Marks).

126. The portion of subsection (1) of special provision 56 of Schedule 2 to the French version of the Regulations before paragraph (a) is replaced by the following:

(1) Il est permis de présenter au transport, de manutentionner ou de transporter des mélanges comprenant des matières solides qui ne sont pas des marchandises dangereuses et des liquides inclus dans la classe 3, Liquides inflammables, sous cette appellation réglementaire, sans que les épreuves et les critères d’inclusion dans la classe 4.1, Solides inflammables, ne leur soient d’abord appliqués si les conditions suivantes sont réunies :

127. The list of italicized UN numbers after special provision 69 of Schedule 2 to the Regulations is replaced by the following:

UN1331, UN1944, UN1945, UN2254

128. (1) Special provision 91 of Schedule 2 to the Regulations is repealed.

(2) The list of italicized UN numbers that follows special provision 91 of Schedule 2 to the Regulations is struck out.

129. Paragraph (1)(a) of special provision 123 of Schedule 2 to the French version of the Regulations is replaced by the following:

130. Schedule 2 to the Regulations is amended by adding the following after special provision 151:

152 Plastic moulding compounds that are made from polystyrene, poly(methyl methacrylate) or other polymeric material may be offered for transport, handled or transported under this shipping name.

UN3314

153

(1) This shipping name applies to polyester resin kits that consist of

(2) The quantity of the base material in an inner means of containment must

UN3269, UN3527

154

(1) These shipping names apply to engines or machinery that include internal combustion systems or fuel cells that run on and contain fuels that are dangerous goods. The engines or machinery include combustion engines, generators, compressors, turbines and heating units.

(2) Engines or machinery containing fuels that are included in Class 3, may be imported, offered for transport, handled or transported under UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED, as appropriate.

(3) Engines or machinery containing fuels that are included in Class 2.1 and engines or machinery that run on both a flammable gas and a flammable liquid may be imported, offered for transport, handled or transported under UN3529, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3529, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or UN3529, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3529, MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED, as appropriate.

(4) Engines or machinery containing liquid fuels that are included in Class 9 but do not meet the classification criteria of any other class, may be imported, offered for transport handled or transported under UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION, as appropriate.

(5) A person must not import, offer for transport, handle or transport an engine or a piece of machinery under one of these shipping names unless it

(6) A person must not transport an engine or piece of machinery under one of these shipping names unless all valves and openings, including venting devices, are closed during transport.

(7) If an engine or piece of machinery is imported, offered for transport, handled or transported under one of these shipping names, the label or placards that are required on its fuel tank under sections 4.10 and 4.15 of Part 4 (Dangerous Goods Safety Marks) must be displayed on the engine or piece of machinery in positions that are equivalent to the positions that they would be in on its fuel tank.

(8) An engine or piece of machinery must not be imported, offered for transport, handled or transported under one of these shipping names unless

(9) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED, UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED, UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED, UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED, UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION, that are on a road vehicle, a railway vehicle or a ship on a domestic voyage if

(10) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to dangerous goods other than fuel that are contained in an engine or piece of machinery and that are required for the functioning or safe operation of the engine or piece of machinery if the engine or piece of machinery is on a road vehicle, a railway vehicle or a ship on a domestic voyage. The dangerous goods other than fuel include batteries, fire extinguishers, compressed gas accumulators and safety devices.

UN3528, UN3529, UN3530

155

(1) These dangerous goods must be offered for transport, handled and transported in accordance with section 7.1.6 of the UN Recommendations.

(2) If chemical stabilization is employed, the person offering the means of containment for transport must ensure that the level of stabilization will prevent a dangerous polymerization of the dangerous goods at a bulk mean temperature of 50°C or, in the case of a means of containment that is a portable tank, at a bulk mean temperature of 45°C.

(3) If chemical stabilization may become ineffective at lower temperatures within the anticipated duration of transport, temperature control is required. In determining whether chemical stabilization may become ineffective at lower temperatures, the person offering the means of containment for transport must take at least the following the factors into consideration:

UN1010, UN1051, UN1060, UN1081, UN1082, UN1085 to UN1087, UN1092, UN1093, UN1143, UN1167, UN1185, UN1218, UN1246, UN1247, UN1251, UN1301 to UN1304, UN1545, UN1589, UN1614, UN1724, UN1829, UN1860, UN1917, UN1919, UN1921, UN1991, UN2055, UN2200, UN2218, UN2227, UN2251, UN2277, UN2283, UN2348, UN2352, UN2383, UN2396, UN2452, UN2521, UN2527, UN2531, UN2607, UN2618, UN2838, UN3022, UN3073, UN3079, UN3531 to UN3534

156 If a vehicle is powered by an internal combustion engine that runs on a flammable liquid and a flammable gas, the vehicle must be offered for transport, handled and transported under UN3166 VEHICLE, FLAMMABLE GAS POWERED.

UN3166

157

(1) This shipping name applies to vehicles that are powered by internal combustion engines or fuel cells that run a flammable liquid or gas.

(2) For the purposes of this special provision, vehicles are self-propelled apparatus designed to carry persons or goods. Examples include cars, motorcycles, trucks, locomotives, scooters, three- and four-wheeled vehicles or motorcycles, lawn tractors, self-propelled farming and construction equipment, boats and aircraft.

(3) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply to dangerous goods other than fuels that are contained in integral components of a vehicle if those components are securely installed and are necessary for the operation of the vehicle or for the safety of its operator or passengers. Examples include fire extinguishers, compressed gas accumulators and other safety devices.

UN3166, UN3171

158

(1) These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply in respect of anhydrous ammonia that is adsorbed or absorbed on a solid material that is contained in an ammonia dispensing system or in a pressure receptacle that is intended to form part of an ammonia dispensing system if

(2) The mechanical strength properties set out in subsection (1) must be tested

UN1005, UN3516

159

(1) Subject to subsection (2), the label and placard to be used for these dangerous goods is the one illustrated under the heading “Class 9, Lithium Batteries” in the appendix to Part 4 (Dangerous Goods Safety Marks).

(2) The generic Class 9 label may be used until December 31, 2018.

UN3090, UN3091, UN3480, UN3481

160 These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and Part 2 (Classification), do not apply in respect of the offering for transport, handling or transporting of table tennis balls that are manufactured from celluloid if the net mass of each table tennis ball is less than or equal to 3 g and the total net mass of table tennis balls is less than or equal to 500 g per package.

UN2000

161

(1) Before loading, these dangerous goods must be cooled to ambient temperature, unless they have been calcined to remove moisture.

(2) During transport, a large means of containment containing bulk loads of these dangerous goods must be ventilated and protected against ingress of water.

UN3170

162

(1) Uranium hexafluoride must not be offered for transport, handled or transported under this shipping name unless the requirements of the “Packaging and Transport of Nuclear Substances Regulations, 2015” have been met.

(2) Section 4.10 of Part 4 (Dangerous Goods Safety Marks) does not apply to a means of containment that contains uranium hexafluoride.

UN3507

163 These Regulations, except for Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases), Part 2 (Classification), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment), do not apply to the offering for transport, handling or transporting of safety matches and wax “Vesta” matches if the outer packaging has a gross mass less than or equal to 25 kg.

UN1944, UN1945

164

(1) Other dangerous goods must not be packed in the same packaging as these dangerous goods unless the other dangerous goods are necessary for maintaining the viability of, for stabilizing or preventing the degradation of or for neutralizing the hazards of these dangerous goods.

(2) Despite subsection (1), other dangerous goods may be packed in a primary receptacle that contains these dangerous goods if

(a) the other dangerous goods are included in Class 3, 8 or 9;

(b) the quantity of the other dangerous goods does not exceed 30 mL; and

(c) the other dangerous goods are packed in accordance with the applicable packing instruction set out for them in CGSB-43.125.

UN2814, UN2900, UN3373

165 Despite section 4.2 of Part 4 (Dangerous Goods Safety Marks) or section 6.1 of the Act, the marking for a Type P650 packaging that is set out in CGSB-43.125 may be displayed on an empty packaging.

UN3373

166 Dangerous goods that are included in Class 6.1 due to inhalation toxicity in accordance with paragraph 2.28(c) of Part 2 (Classification) must, as applicable, be offered for transport, handled or transported under UN3381, UN3382, UN3383, UN3384, UN3385, UN3386, UN3387, UN3388, UN3389 or UN3390.

UN1583, UN1614, UN1828, UN2285, UN2478, UN2742, UN2983, UN3275, UN3276, UN3278 to UN3281

167

(1) This shipping name applies only to an apparatus, piece of equipment or piece of machinery if it contains dangerous goods as an integral element. This shipping name must not be used for an apparatus, piece of equipment or piece of machinery for which a shipping name already exists in Schedule 1.

(2) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of an apparatus, piece of equipment or piece of machinery under this shipping name if it is in a road vehicle, a railway vehicle or a ship on a domestic voyage and the dangerous goods it contains

(3) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the offering for transport, handling or transporting of an apparatus, piece of equipment or piece of machinery under this shipping name if it is in a road vehicle, a railway vehicle or a ship on a domestic voyage and the dangerous goods it contains

(4) If an apparatus, piece of machinery or piece of equipment is offered for transport, handled or transported under this shipping name and it contains more than one item of dangerous goods, the items must not be capable of reacting dangerously with one another in a way that causes

UN3363

131. Schedule 3 to the Regulations is amended by striking out the following:

Col. 1A

Col. 1B

Col. 2

Col. 3

Col. 4

Shipping or Technical Name

Appellation réglementaire ou technique

Primary Class

UN Number

Marine Pollutant

Isodecyl diphenyl phosphate

Phosphate d’isodécyle et de diphényle

9

See UN3082

P

Tolyl phosphate

Phosphate de tolyle

6.1

See UN2574

P

132. Schedule 3 to the Regulations is amended by striking out “P” in column 4 opposite the following shipping and/or technical names in column 1A:

133. Schedule 3 to the Regulations is amended by replacing the shipping and/or technical names “Desmediphan”, “Drazoxolon (see PESTICIDE, N.O.S.)”, “Ethylene dibromide and methyl bromide, liquid mixture”, “Oxamyl (see PESTICIDE, N.O.S.)” and “POLYESTER RESIN KIT”, in column 1A with “Desmedipham” “Drazoxolon (see ORGANOCHLORINE PESTICIDE)”, “Ethylene dibromide and methyl bromide mixture, liquid”, “Oxamyl (see CARBAMATE PESTICIDE)” and “POLYESTER RESIN KIT, liquid base material”, respectively.

134. Schedule 3 to the Regulations is amended by replacing the shipping and/or technical names “Desmédiphan”, “Drazoxolon (voir PESTICIDE, N.S.A.)”, “Oxamyl (voir PESTICIDE, N.S.A.)”, “Poudre de blanchiment”, “TROUSSE DE RÉSINE POLYESTER”, in column 1B with “ Desmédipham”, “Drazoxolon (voir PESTICIDE ORGANOCHLORÉ)”, “Oxamyl (voir CARBAMATE PESTICIDE)” “Chlorure de chaux” et “TROUSSE DE RÉSINE POLYESTER, constituant de base liquide”, respectively.

135. Schedule 3 to the Regulations is amended by replacing the references to “9” and “UN3166” in columns 2 and 3 opposite the reference to “ENGINE, FUEL CELL, FLAMMABLE GAS POWERED” in column 1A, with references to “2.1” and “UN3529”, respectively.

136. Schedule 3 to the Regulations is amended by replacing the references to “9” and “UN3166” in columns 2 and 3 opposite the reference to “ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED” in column 1A, with references to “3” and “UN3528”, respectively.

137. Schedule 3 to the Regulations is amended by replacing the references to “UN3166” in columns 3 opposite the reference to “ENGINE, INTERNAL COMBUSTION” in column 1A, with a reference to “UN3528”.

138. The portion of the Shipping or Technical Name “Nabam (see THIOCARBAMATE PESTICIDE)” in colums 1A, 1B and 3 of Schedule 3 to the Regulations is replaced by the following:

Col. 1A

Col. 1B

Col. 3

Shipping or Technical Name

Appellation réglementaire ou technique

UN Number

Nabam

Nabame

See Note 1

139. Schedule 3 to the Regulations is amended by adding “P” in column 4 opposite the following shipping or technical names in column 1A:

140. Schedule 3 to the Regulations is amended by adding the following in the alphabetical order of column 1A:

Col. 1A

Col. 1B

Col. 2

Col. 3

Col. 4

Shipping or Technical Name

Appellation réglementaire ou technique

Primary Class

UN Number

Marine Pollutant

Acroleic acid, stabilized

Acide acroléique stabilisé

8

See UN2218

P

2,4-Dichlorophenol

Dichlorophénol-2,4

6.1

UN2020

P

1,3-Dichloropropene

1,3-Dichloropropène

3

UN2047

P

Dodecene

Dodecène

3

See UN2850

P

HALOGENATED MONOMETHYLDIPHENYLMETHANES, LIQUID

MONOMÉTHYLDIPHÉNYLMÉTHANES HALOGÉNÉS LIQUIDES

9

UN3151

P

HALOGENATED MONOMETHYLDIPHENYLMETHANES, SOLID

MONOMÉTHYLDIPHÉNYLMÉTHANES HALOGÉNÉS SOLIDES

9

UN3152

P

Hexane

Hexane

3

UN1208

P

MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED

MACHINE PILE À COMBUSTIBLE CONTENANT DU GAZ INFLAMMABLE

2.1

UN3529

 

MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED

MACHINE PILE À COMBUSTIBLE CONTENANT DU LIQUIDE INFLAMMABLE

3

UN3528

 

MACHINERY, INTERNAL COMBUSTION

MACHINE À COMBUSTION INTERNE

9

UN3530

 

MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED

MACHINE À COMBUSTION INTERNE FONCTIONNANT AU GAZ INFLAMMABLE

2.1

UN3529

 

MACHINERY. INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED

MACHINE À COMBUSTION INTERNE FONCTIONNANT AU LIQUIDE INFLAMMABLE

3

UN3528

 

Methyl disulfide

Disulfure de méthyle

3

See UN2381

P

Methyl disulphide

Disulfure de méthyle

3

See UN2381

P

Methyldinitrobenzenes, liquid

Méthyldinitrobenzènes liquides

6.1

See UN2038

P

Methyldinitrobenzenes, molten

Méthyldinitrobenzènes fondus

6.1

See UN1600

P

Methyldinitrobenzenes, solid

Méthyldinitrobenzènes solides

6.1

See UN3454

P

Methyldithiomethane

Méthyldithiométhane

3

See UN2381

P

2-Methylheptane

Méthyl-2 heptane

3

See UN1262

P

2-Methylpentane

Méthyl-2 pentane

3

See UN1208

P

POLYESTER RESIN KIT, solid base material

TROUSSE DE RÉSINE POLYESTER, constituant de base solide

4.1

UN3527

 

POLYMERIZING SUBSTANCE LIQUID, STABILIZED, N.O.S.

MATIÈRE LIQUIDE QUI POLYMÉRISE, STABILISÉE, N.S.A

4.1

UN3532

 

POLYMERIZING SUBSTANCE, LIQUID, TEMPERATURE CONTROLLED, N.O.S.

MATIÈRE LIQUIDE QUI POLYMÉRISE, AVEC RÉGULATEUR DE TEMPÉRATURE, N.S.A

4.1

UN3534

 

POLYMERIZING SUBSTANCE, SOLID, STABILIZED, N.O.S.

MATIÈRE SOLIDE QUI POLYMÉRISE, STABILISÉE, N.S.A

4.1

UN3531

 

POLYMERIZING SUBSTANCE, SOLID, TEMPERATURE CONTROLLED, N.O.S.

MATIÈRE SOLIDE QUI POLYMÉRISE, AVEC RÉGULATEUR DE TEMPÉRATURE, N.S.A

4.1

UN3533

 

Propenoic acid, stabilized

Acide propénoïque stabilisé

8

See UN2218

P

Propenyl alcohol

Alcool propénylique; ou Propène-2 ol-1

6.1

See UN1098

P

ROCKET MOTORS

PROPULSEURS

1.4C

UN0510

 

Sodium hypochlorite solution

Hypochlorite de sodium en solution

8

See UN1791

P

Tetrapropylene

Propylène, tétramère du; ou Tétramère du propylène

3

UN2850

P

2,2,4-Trimethylpentane

Triméthyl-2,2,4 pentane

3

See UN1262

P

Transitional Provision

141. A person may, for a six month period that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day.

Coming into Force

142. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

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