Canada Gazette, Part I, Volume 146, Number 48: Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks)
December 1, 2012
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.)
Issue and objectives
The Transportation of Dangerous Goods Regulations (TDG Regulations) require dangerous goods safety marks such as labels, placards, signs and marks to be displayed on a means of containment containing dangerous goods in transport. The dangerous goods safety marks identify the presence of the dangerous goods and the nature of the risk they pose.
There have been different interpretations and enforcement practices across provincial jurisdictions particularly regarding the DANGER placard. When used as is currently permitted, the DANGER placard can leave first responders uncertain as to the risks involved when they are called to the scene of an accident.
The objective of the proposed amendments is to modify several sections of the TDG Regulations to clarify the existing requirements for the display of labels on overpacks and modify the placarding scheme for large means of containment.
Description and rationale
Notable proposed amendments to the TDG Regulations, as detailed below, would
- introduce the notion of overpack with applicable requirements for the display of labels on overpacks;
- propose a new way to deal with placarding large means of containment, which would require the placarding of any shipment of dangerous goods and provide a relaxation for some classes of dangerous goods transported in quantities of 500 kg or less. This would significantly improve reciprocity with the United States Code of Federal Regulations, Title 49 (49 CFR);
- modify the requirements for the display of a DANGER placard to streamline placarding options for vehicles and also align with the 49 CFR; and
- introduce new safety marks for dangerous goods included in Class 5.2, Organic Peroxides, for marine pollutants and for limited quantities of dangerous goods, to harmonize with the UN Recommendations for the Transport of Dangerous Goods (UN Recommendations) and the 49 CFR.
Overpack
It is proposed to add a definition for “overpack” along with new provisions to establish the labelling and marking requirements of the overpack. Since the concept of overpack is not recognized under the current Regulations, an overpack transiting to or through Canada is considered by definition to be a large means of containment; because an overpack is not a standardized means of containment, it is not permitted for use in the transportation of dangerous goods. This creates a gap in the TDG Regulations and is causing enforcement problems, which would be solved through the proposed harmonization with the UN Recommendations, the International Civil Aviation Organization (ICAO) Technical Instructions, the International Maritime Dangerous Goods Code (IMDG Code) and the requirements of 49 CFR. Further, this harmonized placarding option would simplify selection and recognition of placarding for both the user and enforcement authorities.
New placarding scheme
This amendment proposes a change from requiring the display of placards only when a certain quantity of dangerous goods is present, to requiring the display of safety marks for any quantity of dangerous goods. This proposed change further recognizes that even though a placarded shipment of dangerous goods is in a quantity that could be exempted from placarding, it cannot be held to be out of compliance with the TDG Regulations either as to the presence of danger or to the nature of the danger. For instance, under the present Regulations, a driver must remove the placards when the remaining quantity of dangerous goods no longer requires them. This amendment would allow this same driver to retain the placards until the last delivery is completed and the vehicle no longer contains any of the dangerous goods indicated by the placard. As is the case with the proposed overpack requirements, this proposed amendment would align our Regulations with those of 49 CFR and would be helpful to emergency personnel and inspectors in both countries.
500 kg exemption: It is proposed to exempt some dangerous goods from the placarding requirements of section 4.15. This relaxation would not apply to dangerous goods transported by road or railway vehicle such as Class 2.3, Toxic Gases, Class 4.3, Water-reactive Substances included in Packing Group I, Class 5.2, Organic Peroxides, Class 7, Radioactive Materials for which a Category III – Yellow label is required or Class 2.1, Flammable Gases, when destined to be transported by ship. This exemption would also not apply to dangerous goods that require control or emergency temperatures or for which the display of a UN number is required. The proposed changes enhance harmonization with 49 CFR and with international recommendations.
To clarify the requirements for the 500 kg exemption, new placarding requirements are proposed that will replace section 4.15 in its entirety, including the table. The new section 4.15 proposes that the primary class placard for each class of dangerous goods be affixed on a large means of containment such as a truck, a rail car or an intermediate bulk container (IBC). In section 4.16.1 some dangerous goods would be exempted from this requirement. These new requirements would be fully harmonized with 49 CFR and would be a significant improvement to cross-border trade in all modes of transport.
DANGER placard: The requirements for the display of the DANGER placard would be in a new section 4.16. Since the United States and Canada are the only two countries that include a DANGER placard in their respective regulations and trade between the two countries is substantial, the requirements in section 4.16 are harmonized with the requirements in the U.S. regulations, 49 CFR.
The purpose of placards on a large means of containment is to allow, as much as possible, immediate identification of the primary class of dangerous goods and, when required, the subsidiary class, in the event of an accident or incident. If the UN number is also required to be displayed, emergency responders base their immediate response on that number. The DANGER placard does not provide the information that primary class and subsidiary class placards and UN numbers provide. Consequently, the use of a DANGER placard would be restricted to certain dangerous goods and to groupings of small means of containment.
Section 4.18 of the current TDG Regulations allows a mixed load of gases to be identified by the DANGER placard with the most dangerous of the gases identified by the appropriate class placard. The placarding options currently in effect create various possibilities for compliance, which can be confusing for first responders. These options would be removed through this new placarding scheme to be consistent with 49 CFR.
New Safety Marks
This amendment proposes to introduce new dangerous goods safety marks for dangerous goods included in Class 5.2, Organic Peroxides, for marine pollutants and also for dangerous goods offered for transport under the limited quantity exemption. The new dangerous goods safety marks have already been introduced in the UN Recommendations and the 49 CFR and would therefore facilitate movements of dangerous goods transported under the IMDG Code, the ICAO Technical Instructions and 49 CFR. A transitional period is also proposed to allow the Limited Quantity marking to be used until May 1, 2015, so that stakeholders can liquidate their pre-marked stock.
Other proposed modifications
- It is recommended to include a relaxation for placarding large means of containment that are intermediate bulk containers (IBCs) with a capacity greater than 450 litres but less than or equal to 3 000 litres. The relaxation would allow either placards and the UN number of the dangerous goods on two opposite sides of an IBC or one label and the UN number of the dangerous goods on each side of the IBC. This relaxation would eliminate the need for over 100 Equivalency Certificates (permits) currently in place. Since certificates are valid for two years, this equates to an annual reduction of approximately $6 500 in administrative burden. The cost of applying for an Equivalency Certificate is based on an average requirement of three hours at $43.14 per hour;
- It is proposed to clarify when the dangerous goods safety marks must be removed. The determination of when to change or remove safety marks is left to the person responsible for the means of containment in the current Regulations. It is proposed to specify that the safety marks could remain until the danger indicated by the dangerous goods safety marks is no longer present;
- It is proposed to add a marking requirement on the means of containment for certain dangerous goods in transport to indicate that the contents are toxic by inhalation. This amendment aligns the requirements with those of 49 CFR;
- It is suggested to allow 50 calibre cartridges to be transported under the 150 kg Gross Mass Exemption to align with Natural Resources Canada’s Explosives Regulations; and
- It is proposed to harmonize the text of section 4.21, Fumigation Sign, with the UN Recommendations, the IMDG Code and 49 CFR.
The proposed amendment could require the display of more placards and, consequently, the use of more placard holders. This will represent a cost, albeit very small, to industry. A placard costs between $0.95 and $2.50 (permanent, adhesive or reusable), and a placard holder costs approximately $17.00. A placard is required to be displayed on each side and each end of a large means of containment resulting in four placards. The cost of an additional placard would be up to $80.00 per large means of containment due to the exclusion of some dangerous goods from identification by the DANGER placard. Such a cost would primarily impact carriers of mixed loads of dangerous goods, mostly the “Less than truckload” or LTL shipping companies currently displaying the DANGER placard for dangerous goods that, in the proposed amendment, would not be allowed to be identified by a DANGER placard. Because most LTL carriers also do business in the United States under the 49 CFR and because the new requirements set out in the TDG Regulations will be fully harmonized with the 49 CFR, it is believed that their trucks are already equipped with enough placard holders to comply with the proposed amendment and would add little or no cost to these carriers.
Consultation
Consultation included the identification of issues and concerns involving groups and organizations engaged in transporting dangerous goods or responsible for public safety. Clarity and presentation of the texts, costs and benefits, alternatives, and enforcement policies were discussed. The proposed amendments were presented to the following:
- the members of the Federal/Provincial/Territorial TDG Task Force, spring 2009 and 2010, winter 2011;
- the members of the Transportation of Dangerous Goods General Policy Advisory Council, spring 2009 and 2010, winter 2011;
- the members of the Multi-Association Committee on Transportation of Dangerous Goods (MACTDG), spring 2009 and 2010, winter 2011;
- the general public through the Transportation of Dangerous Goods Website, spring 2009 and 2010; and
- the five TDG regional offices, spring 2009 and 2010, winter 2011.
Comments were received from provincial authorities, carriers, industry, and enforcement personnel. Commenters generally supported the proposed changes.
Commenters unanimously welcomed the addition of the concept of overpack in the TDG Regulations. While the current TDG Regulations require dangerous goods safety marks to be visible, the Regulations do not contain a definition for “overpack” or specific requirements for labelling and marking an overpack and this has caused inconsistencies in the application of the TDG Regulations in the provincial, territorial and federal jurisdictions.
Throughout informal consultation, commenters have expressed a desire to harmonize the definition and the labelling and marking requirements with international recommendations and U.S. regulations. The Directorate agrees with the commenters and proposes to harmonize the overpack definition and marking requirements with international recommendations and with the requirements of 49 CFR. The industry would greatly benefit from this proposed harmonization, which is consistent with one of the objectives of the Regulatory Cooperation Council, namely to develop smarter and more effective approaches to regulation to enhance economic competitiveness.
Stakeholders requested that clearer direction be given in section 4.9, Removal of Dangerous Goods Safety Marks. Consequently, the wording of the section would be clarified. For example, the proposed text would allow placards to remain displayed until the danger indicated by the placard is no longer present.
Many stakeholders supported the new proposed placarding criteria, which were seen as a significant improvement over the current Regulations. Specifically for the 500 kg or less placarding exemption, the current wording has sometimes been interpreted by industry and the various jurisdictions enforcing the TDG Regulations as meaning that the placard must not be displayed for quantities of 500 kg or less, which is not the intent of the Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992).
One commenter objected to restricting the use of the DANGER placard for the transport of mixed loads of gases and suggested maintaining the options that are presently in place. However, these have proven to be confusing, leaving the emergency responders to guess which placarding option was used for a given shipment. This amendment proposes to align the placarding requirements of gases with those of other dangerous goods and also with the 49 CFR.
Another commenter agrees with the new restrictions for the use of the DANGER placard, stating that adequate information must be available to first responders about the risks they face. The commenter also agrees with the principle of harmonization with U.S. practices.
Other comments suggesting minor changes were incorporated where possible to
- Recognize that an overpack could be used to consolidate a single means of containment for ease of transportation;
- Allow the transport of limited quantities of dangerous goods prepared in accordance with the ICAO Technical Instructions even if they are not intended to be transported by aircraft; and
- Allow for a reduction of the Limited Quantity Mark size for smaller means of containment.
Implementation, enforcement and service standards
Compliance with the TDG Act, 1992, and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces that inspect all modes of transport and all consignors of dangerous goods.
Contact
For further information on the amendments to the TDG Regulations, please contact
Geneviève Sansoucy
Analyst
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Transport Canada
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, pursuant to subsection 30(1) (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), that the Governor in Council, pursuant to section 27 (see footnote c) of that Act, proposes to make the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks).
Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 75 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, Legislation and Regulations, 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: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca).
Ottawa, November 22, 2012
JURICA ČAPKUN
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (PART 4, DANGEROUS GOODS SAFETY MARKS)
AMENDMENTS
1. (1) The entry for section 1.39 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is replaced by the following:
Class 6.2, Infectious Substances, UN3373,
BIOLOGICAL SUBSTANCE, CATEGORY B
Exemption ....................................................................................... 1.39
(2) The Table of Contents to Part 1 of the Regulations is amended by adding the following after the entry for section 1.43:
Class 7, Radioactive Materials,
Labelling Exemption ........................................................................ 1.43.1
| Item | Column 1 Short Form |
Column 2 Safety Standard or Safety Requirement |
|---|---|---|
| 39 (34) | UN Recommendations | “Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN) |
| Term | Definition |
|---|---|
| UN Recommendations | means the “Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN). (Recommandations de l’ONU) |
| Term | Definition |
|---|---|
| overpack | means an enclosure that is used by a single consignor to consolidate one or more small means of containment for ease of handling but that is not a minimum required means of containment. This definition does not include a large means of containment or a unit load device, as defined in the ICAO Technical Instructions, that is intended for transport by aircraft. (suremballage) Examples of overpacks include
|
4. Subparagraphs 1.15(2)(c)(i) and (ii) of the Regulations are replaced by the following:
- (i) UN numbers UN0027, UN0028, UN0044, UN0105, UN0131, UN0161, UN0173, UN0186, UN0191, UN0197, UN0276, UN0312, UN0323, UN0335 if classified as a consumer firework, UN0336, UN0337, UN0351, UN0373, UN0404, UN0405, UN0431, UN0432, UN0454 and UN0499, and
- (ii) UN numbers UN0012, UN0014 and UN0055 if the cartridges are for shotguns or, in the case of cartridges for rifles or pistols, if the calibre is less than or equal to 12.7 mm (50 calibre);
5. The portion of section 1.17 of the Regulations after the title is replaced by the following:
(1) A quantity of dangerous goods, other than explosives, is a limited quantity if
- (a) the dangerous goods are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and
- (b) each outer means of containment has a gross mass that is less than or equal to 30 kg and the dangerous goods in the inner means of containment
- (i) if solids, have a mass that is less than or equal to the number shown in column 6 of Schedule 1 when that number is expressed in kilograms,
- (ii) if liquids, have a volume that is less than or equal to the number shown in column 6 of Schedule 1 when that number is expressed in litres, or
- (iii) if gases, including a gas in a liquefied form, are contained in one or more means of containment each of which has a capacity that is less than or equal to the number shown in column 6 of Schedule 1 when that number is expressed in litres.
(2) Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan) and Part 8 (Accidental Release and Imminent Accidental Release Report Requirements) do not apply to the handling, offering for transport or transporting of limited quantities of dangerous goods on a road vehicle, a railway vehicle or a ship on a domestic voyage if each means of containment is legibly and durably marked on one side, other than a side on which it is intended to rest or to be stacked during transport, with the mark illustrated in subsection (5).
(3) When a limited quantity of dangerous goods is in a means of containment that is inside another means of containment, the inner means of containment is not required to be marked if
- (a) the gross mass of the outer means of containment is less than or equal to 30 kg;
- (b) the outer means of containment is not intended to be opened during transport; and
- (c) the outer means of containment is legibly and visibly marked, on a contrasting background, with the mark illustrated in subsection (5).
(4) When a limited quantity of dangerous goods is in a means of containment that is inside an overpack, the following information must be displayed on the overpack unless the labels on the small means of containment are visible through the overpack:
- (a) the word “Overpack” or “Suremballage”; and
- (b) the mark illustrated in subsection (5), legibly and visibly marked on a contrasting background.
(5) The mark is a square on point and the line forming the square on point must be at least 2 mm wide. The top and bottom portions must be black with the centre area white or a contrasting colour. Each side of the mark must be at least 100 mm long. The letter “Y” may be displayed in the centre of the mark if the limited quantity is in compliance with the ICAO Technical Instructions. If the size of the means of containment so requires, the length of each side may be reduced to not less than 50 mm, provided that the mark remains clearly visible.
(6) Until May 1, 2015, instead of being marked with the mark illustrated in subsection (5), a means of containment may have displayed on it the UN number of each limited quantity of dangerous goods, preceded by the letters “UN”, placed within a square on point. The line forming the square on point must be black and be at least 2 mm wide. If the dangerous goods have different UN numbers, the square on point must be large enough to include each UN number, but in any case each side must be not less than 50 mm long. The UN numbers and letters must be at least 6 mm high. The line, UN numbers and letters must be on a contrasting background.
(7) When the gross mass of an accumulation of limited quantities of dangerous goods offered for transport by one consignor to one destination is greater than 500 kg,
- (a) the consignor must give to the carrier a document that includes
- (i) the words “Limited Quantity” or “quantité limitée”,
- (ii) the abbreviation “Ltd. Qty.” or “quant. ltée”, or
- (iii) the words “Consumer Commodity” or “bien de consommation”; and
- (b) despite subsection (2), the reporting requirements in Part 8, Accidental Release and Imminent Accidental Release Report Requirements, must be complied with.
6. (1) The portion of section 1.39 of the Regulations before paragraph (b) is replaced by the following:
1.39 Class 6.2, Infectious Substances, UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B Exemption
Part 3, Documentation, and Part 4, Dangerous Goods Safety Marks, except section 4.22.1, do not apply to the handling, offering for transport or transporting of infectious substances that are included in Category B if
- (a) one external surface of the means of containment for the substances measures at least 100 mm × 100 mm;
(2) Subparagraph 1.39(b)(ii) of the French version of the Regulations is replaced by the following:
- (ii) l’appellation réglementaire, sur un fond d’une couleur contrastée, d’une hauteur d’au moins 6 mm et apposée à côté de la marque;
(3) Paragraph 1.39(c) of the French version of the Regulations is replaced by the following:
- c) le numéro de téléphone 24 heures exigé à l’alinéa 3.5(1)f) est apposé sur le contenant, à côté de l’appellation réglementaire.
7. The Regulations are amended by adding the following after section 1.43:
1.43.1 Class 7, Radioactive Materials, Labelling Exemption
Paragraph 4.10(1)(c) of Part 4, Dangerous Goods Safety Marks, does not apply to a person who handles, offers for transport or transports dangerous goods included in Class 7, Radioactive Materials, if the person complies with the marking requirements in subsection 16(5) of the “Packaging and Transport of Nuclear Substances Regulations” and the radioactive material is
- (a) contained in an exposure device, as defined in the “Nuclear Substances and Radiation Devices Regulations”; or
- (b) LSA-I material as defined in subsection 1(1) of the “Packaging and Transport of Nuclear Substances Regulations”.
8. (1) The entries for sections 4.9 and 4.10 in the Table of Contents of Part 4 of the Regulations are replaced by the following:
Removal of Dangerous Goods Safety Marks ................................. 4.9
Labels on a Small Means of Containment ..................................... 4.10
Safety Marks on Overpack ....................................................... 4.10.1
(2) The entries for sections 4.15 to 4.19 in the Table of Contents of Part 4 of the Regulations are replaced by the following:
Placards on a Large Means of Containment .................................. 4.15
Subsidiary Class Placards on a Large
Means of Containment ............................................................ 4.15.1
UN Numbers on a Large Means of Containment ............................ 4.15.2
Placards and UN Numbers on a
Large Means of Containment .................................................... 4.15.3
Visibility of Labels, Placards and UN Numbers
on a Large Means of Containment ............................................. 4.15.4
DANGER Placard ..................................................................... 4.16
Placarding Exemption for Dangerous Goods
Having a Gross Mass of 500 kg or Less ...................................... 4.16.1
Class 1, Explosives ................................................................ 4.17
Class 2, Gases: Placards for UN1005,
ANHYDROUS AMMONIA .......................................................... 4.18
Class 2, Gases: Placards for Oxidizing Gases .............................. 4.18.1
Class 2, Gases: Placards for Tube Trailers ................................. 4.18.2
Placards and UN Numbers on a Compartmentalized
Large Means of Containment .................................................. 4.19
(3) The Table of Contents of Part 4 of the Regulations is amended by adding the following after the entry for section 4.22.1:
Toxic — Inhalation Hazard ...................................................... 4.23
9. The italicized list after the heading “Definitions” in Part 4 of the Regulations is amended by adding the following in alphabetical order:
overpack
10. The portion of section 4.2 of the Regulations after the title is replaced by the following:
- (1) A person must not display a dangerous goods safety mark on a means of containment or a means of transport if the mark is misleading as to the presence or nature of any danger.
- The quantity — or, in the case of radioactive materials, the emission level — of the dangerous goods identified by a dangerous goods safety mark is not an indication that the dangerous goods safety mark is misleading. For example, a person who displays placards on a road vehicle that is transporting 220 kg of dangerous goods is not displaying misleading placards as long as the placards accurately indicate the presence of dangerous goods and the nature of the danger posed by the dangerous goods and are displayed in accordance with this Part.
- (2) A person must not display a mark other than a dangerous goods safety mark on a means of containment or a means of transport if the other mark is likely to be mistaken for a dangerous goods safety mark or is misleading as to the presence or nature of any danger.
11. Section 4.9 of the Regulations is replaced by the following:
4.9 Removal of Dangerous Goods Safety Marks
- (1) When a dangerous goods safety mark is displayed on a means of containment in accordance with this Part, it must remain displayed until the person who has the charge, management or control of the means of containment has neutralized the contents of the means of containment or has unloaded, unpacked, cleaned or purged the means of containment so that the danger indicated by the dangerous goods safety mark is no longer present in the means of containment.
- (2) The person who neutralizes the contents of the means of containment or who unloads, unpacks, cleans or purges it must cover or remove the dangerous goods safety mark when the danger indicated by the dangerous goods safety mark is no longer present in the means of containment.
- (3) When the DANGER placard is permitted to be displayed on a large means of containment, a person may continue to display that placard, in place of any other placard, until the large means of containment no longer contains any of the dangerous goods identified by that placard.
12. The title of section 4.10 of the Regulations is replaced by the following:
4.10 Labels on a Small Means of Containment
13. Part 4 of the Regulations is amended by adding the following after section 4.10:
4.10.1 Safety Marks on Overpack
When an overpack is used and a label is required by this Part to be displayed on a small means of containment that is inside the overpack, the person who prepares the overpack must display on it, unless the label on the small means of containment is visible through the overpack,
- (a) the word “Overpack” or “Suremballage”;
- (b) the primary class label and each subsidiary class label for each of the dangerous goods contained in the overpack, except that only one label is required for dangerous goods that are included in the same class;
- (c) the shipping name and UN number of the dangerous goods; and
- (d) labels on two opposite sides of the overpack if the overpack has a capacity that is greater than or equal to 1.8 m3 (64 cubic feet).
14. Subsection 4.11(1) of the French version of the Regulations is replaced by the following:
- (1) Lorsque des marchandises dangereuses sont en transport dans un petit contenant qui doit porter une étiquette indiquant leur classe primaire, l’appellation réglementaire des marchandises dangereuses doit être apposée sur le petit contenant à côté de l’étiquette indiquant leur classe primaire.
15. Sections 4.15 and 4.16 of the Regulations are replaced by the following:
4.15 Placards on a Large Means of Containment
- (1) The primary class placard for each of the dangerous goods contained in a large means of containment, other than a ship or an aircraft, must be displayed on each side and on each end of the large means of containment.
- (2) If two dangerous goods have different UN numbers but are identified by the same primary class placard, that placard is required to be displayed only once on each side and on each end of a large means of containment.
4.15.1 Subsidiary Class Placards on a Large Means of Containment
A subsidiary class placard for dangerous goods must be displayed, next to the primary class placard for the dangerous goods, on each side and on each end of a large means of containment if the dangerous goods require an emergency response assistance plan and
- (a) have a subsidiary class of Class 1, Explosives, in which case the placard is the one illustrated for Class 1.1, 1.2 or 1.3 in the appendix to this Part;
- (b) have a subsidiary class of Class 4.3, Water-reactive Substances, in which case the placard is the one illustrated for Class 4.3 in the appendix to this Part;
- (c) have a subsidiary class of Class 6.1, Toxic Substances, are included in Packing Group I due to inhalation toxicity and are subject to special provision 23, in which case the placard is the one illustrated for Class 6.1 in the appendix to this Part; or
- (d) have a subsidiary class of Class 8, Corrosives, and are UN2977, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, FISSILE or UN2978, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, non-fissile or fissile excepted, in which case the placard is the one illustrated for Class 8 in the appendix to this Part.
4.15.2 UN Numbers on a Large Means of Containment
UN numbers, except UN numbers for dangerous goods included in Class 1, Explosives, must be displayed on a large means of containment in accordance with subsection 4.8(2) if the dangerous goods
- (a) are in a quantity or concentration for which an emergency response assistance plan is required; or
- (b) are a liquid or a gas in direct contact with the large means of containment.
4.15.3 Placards and UN Numbers on a Large Means of Containment
A placard, or a placard and UN number, must be displayed on each side and on each end of a large means of containment, except that
- (a) in the case of a large means of containment that is permanently connected to a frame, such as a truck frame or a supporting frame for the means of containment, the placard, or the placard and UN number, may be displayed on the frame if the resulting position of the placard, or the placard and UN number, is equivalent on each side and on each end of the means of containment;
- (b) in the case of a large means of containment that is a trailer unit, the placard, or the placard and UN number, may be displayed on the front of the truck that is attached to the trailer unit rather than on the leading end of the trailer unit; and
The trailer unit of a truck includes a tank. - (c) in the case of a large means of containment that is an intermediate bulk container (IBC) with a capacity greater than 450 L but less than or equal to 3 000 L,
- (i) a placard and UN number may be displayed on two opposite sides of the IBC, or
- (ii) a label and UN number may be displayed on each side of the IBC.
When IBCs that have labels on them are inside a road vehicle or railway vehicle or are loaded onto a road vehicle or railway vehicle, the requirements of this Part for the display of placards on the road vehicle or railway vehicle still apply.
4.15.4 Visibility of Labels, Placards and UN Numbers on a Large Means of Containment
- (1) When a large means of containment that has labels or placards displayed on it is inside another large means of containment and the labels or placards are not visible, the placards required by this Part must be displayed on the outer large means of containment. The UN numbers that are required by this Part must also be displayed on the outer large means of containment.
- (2) When a large means of containment that has labels, placards, labels and UN numbers, or placards and UN numbers displayed on it is loaded onto another large means of containment and the labels, placards, labels and UN numbers, or placards and UN numbers are visible, the placards, or placards and UN numbers, are not required to be displayed on the other large means of containment.
- For example, IBCs carried on a flatbed truck.
4.16 DANGER Placard
The display of a DANGER placard is not mandatory, but if it is not displayed, compliance with section 4.15 is required and the primary class placards for the dangerous goods must be displayed. However, compliance with section 4.15 is always required for dangerous goods that are not allowed to be identified by the DANGER placard but that may be loaded into the same large means of containment.
(1) Except in the case of the dangerous goods listed in subsection (2) or a flammable gas referred to in subsection (3), a DANGER placard may be displayed on a large means of containment instead of any other placard required by section 4.15, if
- (a) the large means of containment contains two or more dangerous goods that require different placards; and
- (b) the dangerous goods loaded into the large means of containment are contained in two or more small means of containment.
(2) The DANGER placard referred to in subsection (1) must not be displayed on a large means of containment for
- (a) dangerous goods that
- (i) have a gross mass greater than 1 000 kg,
- (ii) are included in one class only, and
- (iii) are offered for transport by one consignor at one location;
- (b) dangerous goods that require the display of a subsidiary class placard in accordance with section 4.15.1;
- (c) dangerous goods that require the display of a UN number in accordance with section 4.15.2;
- (d) dangerous goods that require a control or emergency temperature;
- (e) dangerous goods included in Class 1, Explosives;
- (f) dangerous goods included in Class 2.3, Toxic Gases;
- (g) dangerous goods included in Class 4.3, Water-reactive Substances;
- (h) dangerous goods included in Class 5.2, Organic Peroxides;
- (i) dangerous goods included in Class 6.1, Toxic Substances, that are included in Packing Group I due to inhalation toxicity and that are subject to special provision 23; and
- (j) dangerous goods included in Class 7, Radioactive Materials, that require a Category III – Yellow label.
(3) If a road vehicle or railway vehicle to be transported by ship contains a flammable gas, the flammable gas placard illustrated in the appendix to this Part must be displayed on the road vehicle or railway vehicle.
4.16.1 Placarding Exemption for Dangerous Goods Having a Gross Mass of 500 kg or Less
Subsection (1) provides an exemption from placarding requirements if the dangerous goods in or on a road vehicle or railway vehicle have a gross mass that is less than or equal to 500 kg. Subsection (2) sets out which dangerous goods cannot be counted in the 500 kg and are, therefore, subject to the placarding requirements. For example, a road vehicle contains 2 300 kg of dangerous goods. Of that quantity, 2 000 kg are dangerous goods that meet one of the conditions in subsection (2) and 300 kg are dangerous goods that do not meet any of the conditions in subsection (2). The 2 000 kg of dangerous goods that meet one of the conditions in subsection (2) require a placard, but the remaining 300 kg of dangerous goods do not require a placard.
(1) Except in the case of the dangerous goods listed in subsection (2), a placard is not required to be displayed on a road vehicle or railway vehicle if the dangerous goods in or on the road vehicle or railway vehicle have a gross mass that is less than or equal to 500 kg.
(2) The exemption set out in subsection (1) does not apply to dangerous goods
- (a) that require the display of a UN number;
- (b) that require a control or emergency temperature;
- (c) that require the display of a subsidiary class placard in accordance with section 4.15.1;
- (d)included in Class 1, Explosives, except for
- (i) explosives referred to in subsection 4.17(1), and
- (ii) explosives included in Class 1.1, 1.2, 1.3 or 1.5, if
- (A) the explosives are not subject to special provision 85 or 86 and have a net explosives quantity that is less than or equal to 10 kg, or
- (B) the explosives are subject to special provision 85 or 86 and the number of articles of explosives is less than or equal to 1 000;
- (e) included in Class 2.1, Flammable Gases, if the road vehicle or railway vehicle is to be transported by ship;
- (f) included in Class 2.3, Toxic Gases;
- (g) included in Class 4.3, Water-reactive Substances, included in Packing Group I,
- (h) included in Class 5.2, Organic Peroxides; or
- (i) included in Class 7, Radioactive Materials, that require a Category III – Yellow label.
16. (1) The title of section 4.17 of the Regulations is replaced by the following:
4.17 Class 1, Explosives
(2) Subsection 4.17(3) is repealed.
17. Section 4.18 of the Regulations is replaced by the following:
4.18 Class 2, Gases: Placards for UN1005, ANHYDROUS AMMONIA
When UN1005, ANHYDROUS AMMONIA, is contained in a large means of containment, the large means of containment must have displayed on it
- (a) the Class 2.3 placard and a UN number; or
- (b) the anhydrous ammonia placard and, on at least two sides, the words “Anhydrous Ammonia, Inhalation Hazard” or “Ammoniac anhydre, dangereux par inhalation” on a contrasting background in letters at least 6 mm wide and at least 50 mm high.
4.18.1 Class 2, Gases: Placards for Oxidizing Gases
When dangerous goods included in Class 2, Gases, and contained in a large means of containment are oxidizing gases, the oxidizing gas placard illustrated in the appendix to this Part must be displayed on the large means of containment for the following dangerous goods instead of the placard required by section 4.15, but if an emergency response assistance plan is required for the dangerous goods the UN number must also be displayed:
- (a) UN1072, OXYGEN, COMPRESSED;
- (b) UN1073, OXYGEN, REFRIGERATED LIQUID;
- (c) UN3156, COMPRESSED GAS, OXIDIZING, N.O.S.; and
- (d) UN3157, LIQUEFIED GAS, OXIDIZING, N.O.S.
4.18.2 Class 2, Gases: Placards for Tube Trailers
When dangerous goods included in Class 2, Gases, are contained in a combination of tubes that are a single unit as a result of being interconnected through a piping arrangement and are permanently mounted on a structural frame for transport, the combination of tubes may be placarded as if it were one large means of containment.
18. (1) The title of section 4.19 of the Regulations is replaced by the following:
4.19 Placards and UN Numbers on a Compartmentalized Large Means of Containment
(2) Paragraph 4.19(2)(b) of the English version of the Regulations is replaced by the following:
- (b) the UN number of the dangerous goods in a compartment must be displayed on each side of that compartment and on each end of the compartmentalized large means of containment, except that, if all the dangerous goods are included in Class 3, Flammable Liquids, only the UN number of the dangerous goods with the lowest flash point is required to be displayed on each side and on each end of the compartmentalized large means of containment.
(3) Section 4.19 of the Regulations is amended by adding the following after subsection (2):
(3) Despite paragraph (2)(b), if a compartmentalized large means of containment contains UN3475, ETHANOL AND GASOLINE MIXTURE, the UN number “UN3475” 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.
19. The portion of section 4.21 of the Regulations after the title is replaced by the following:
If the fumigation of a large means of containment is done using dangerous goods, the fumigation sign must be displayed at or next to each entryway into the large means of containment through which a person can enter. The consignor must ensure that the fumigation sign is displayed by the person in charge of the fumigation process and that the sign has displayed on it the name of the fumigant, the date and time the fumigant was applied and the date of ventilation.
20. The portion of section 4.22.1 of the Regulations after the title is replaced by the following:
The Category B mark illustrated in the appendix to this Part must be displayed, instead of the Class 6.2, Infectious Substances label, on a small means of containment containing infectious substances included in UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B.
21. The Regulations are amended by adding the following after section 4.22.1:
4.23 Toxic – Inhalation Hazard
- (1) When dangerous goods, other than UN1005, ANHYDROUS AMMONIA, that are subject to special provision 23 are in transport in a small means of containment, the words “toxic by inhalation”, “toxic – inhalation hazard”, “toxique par inhalation” or “toxicité par inhalation” must be displayed on the small means of containment next to the shipping name, unless these words are already part of the shipping name.
- (2) When dangerous goods, other than UN1005, ANHYDROUS AMMONIA, that are subject to special provision 23 are in transport in a large means of containment, the words “toxic by inhalation”, “toxic – inhalation hazard”, “toxique par inhalation” or “toxicité par inhalation” must be displayed on the large means of containment in addition to any placard required by this Part.
22. The appendix to Part 4 of the Regulations is amended by replacing the subheading “Label and Placard for UN1005, ANHYDROUS AMMONIA” after the illustration of the label and placard under the subheading “Class 2.3, Toxic Gases” by the following:
Placard for UN1005, ANHYDROUS AMMONIA
23. The appendix to Part 4 of the Regulations is amended by replacing the illustration, subheading and descriptions of the label and placard after the subheading “Class 5.2, Organic Peroxides” by the following:
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
Yellow: Lower half of the background
Red: Upper half of the background
The symbol is a flame.
24. The appendix to Part 4 of the Regulations is amended by replacing the illustration and descriptions after the subheading “MARINE POLLUTANT MARK” by the following:
Black: Symbol
White: Background
Size: Square on point. For small means of containment, each side must be at least 100 mm in length. For large means of containment, each side must be at least 250 mm in length.
The symbol is a fish and a tree.
25. The appendix to Part 4 of the Regulations is amended by replacing the descriptions after the illustration after the subheading “CATEGORY B MARK” by the following:
Letters, numbers and line: Letters and numbers at least 6 mm high and line at least 2 mm wide
White: Background except that the background may be the colour of the means of containment if it contrasts with the letters, numbers and line
Size: Square on point with each side at least 50 mm in length
TRANSITIONAL PROVISION
26. 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
27. These Regulations come into force on the day on which they are published in the Canada Gazette, Part Ⅱ.
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