Amendment No. 2

From: Transport Canada

TDG

Amendment No. 2 was published in Canada Gazette Part II on August 13, 2003. The unofficial version is available here.

You can obtain the official version of Amendment No. 2 after August 13, 2003 by contacting
Canadian Government Publishing,
Communication Canada,
Ottawa, ON
K1A 0S9
Tel. # 1-800-635-7943 or
(613) 956-4800.

Alternate format

 

 

Whereas, pursuant to subsection 30(1) of the Transportation of Dangerous Goods Act, 1992 Emergency Response Task Force , a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on July 20, 2002 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

 

 

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 of the Transportation of Dangerous Goods Act, 1992 Emergency Response Task Force , hereby makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations.

10000-563

(SOR/DORS)

REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS

AMENDMENTS

1. (1) Subsections 1.17(2) to (5) of the Transportation of Dangerous Goods Regulations1 are replaced by the following:

(2) These Regulations do not apply to a limited quantity of dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the means of containment is marked on one side, other than the side on which it is intended to rest or to be stacked during transport, with the words “Limited Quantity” or “quantité limitée”, the abbreviation “Ltd. Qty.” or “quant. ltée” or the words "Consumer Commodity" or "bien de consommation" and the words are legible and displayed against a background of contrasting colour.

(3) These Regulations do not apply to an accumulation of limited quantities of dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the limited quantities are in one or more means of containment, each of which is marked on one side, other than the side on which it is intended to rest or to be stacked during transport, with the words “Limited Quantity” or “quantité limitée”, the abbreviation “Ltd. Qty.” or “quant. ltée” or the words "Consumer Commodity" or "bien de consommation" and the words are legible and displayed against a background of contrasting colour.

(4) When a limited quantity is in a means of containment that is inside another means of containment that has a gross mass less than or equal to 30 kg and the outer means of containment is marked in accordance with subsection (2) or (3), the inside means of containment is considered to be marked in accordance with that subsection.

(5) When the gross mass of an accumulation of limited quantities offered for transport by one consignor to one destination is greater than 500 kg, the consignor must give to the carrier a document that includes the words “Limited Quantity” or “quantité limitée”, the abbreviation “Ltd. Qty.” or “quant. ltée” or the words "Consumer Commodity" or "bien de consommation".

(2)Section 1.17 of the Regulations is amended by adding the following after subsection (5):

This section does not differentiate between limited quantities and consumer commodities for domestic transport by road, rail or ship.  However, consignors need to comply with the requirements for international ship transport in Part 11, Marine, and with the requirements for domestic and international transport by air in Part 12, Air.  If a means of containment is marked "Consumer Commodity" and is transported to the United States, the consignor needs to comply with the definition of "Consumer Commodity" in 49 CFR.

2. Paragraph 1.19(2)(f) of the Regulations is replaced by the following:

(f) the means of containment has marked on it the words "test samples" or "échantillons d'épreuve" and the words are legible and displayed against a background of contrasting colour.

3. Section 1.20 of the Regulations is replaced by the following:

1.20 National Defence

For the purposes of paragraph 3(4)(a) of the Act, any activity or thing related to the transportation of dangerous goods is under the sole direction or control of the Minister of National Defence if the dangerous goods are in or on a means of transport

(a) owned and operated by the Department of National Defence or operated on behalf of the Department of National Defence by

(i) an employee of the Department of National Defence,

(ii) a member of the Canadian Forces, or

(iii) civilian personnel who are not employed by the Department of National Defence if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department of National Defence or a member of the Canadian Forces;

(b) owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization or operated on behalf of such an establishment by

(i) military or civilian personnel of that establishment, or

(ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment; or

(c) owned and operated by the military establishment of another country under an agreement with the Department of National Defence or operated on behalf of such an establishment by

(i) military or civilian personnel of that establishment, or

(ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.

4. Paragraphs 1.35(a) to (c) of the Regulations are replaced by the following:

(a) the dangerous goods are in one or more means of containment, each of which is visible from outside the vehicle and each of which has displayed on it

(i) the label or placards required for the dangerous goods by Part 4, Dangerous Goods Safety Marks, or

(ii) if a side or end of the means of containment is not visible from outside the vehicle, the label or placards required for the dangerous goods by Part 4, Dangerous Goods Safety Marks, other than a placard on the side or end that is not visible from outside the vehicle;

(b) each means of containment is secured to the vehicle so that the required label or at least one of the required placards displayed on it is visible from outside the vehicle during transport; and

(c) the total water capacity of all the means of containment is less than or equal to 2 000 L.

5. Section 4.1 of the Regulations is renumbered as subsection 4.1(1) and is amended by adding the following:

(2) Despite subsection (1), a person may, before August 15, 2005, offer for transport, transport or import a small means of containment that contains dangerous goods if each dangerous goods safety mark required by the "Transportation of Dangerous Goods Regulations" in force on August 14, 2002 has, in accordance with those Regulations, been displayed on it since that date.

6. Section 5.10 of the Regulations is amended by adding the following after subsection (5):

(6) Despite clause 2 of CSA B339, for the purposes of this section every reference in CSA B339 to CGA Publication C-1 must be read as a reference to CGA Publication C-1—1996, "Methods for Hydrostatic Testing of Compressed Gas Cylinders", Seventh Edition, published by the Compressed Gas Association, Inc.

7. (1) The italicized text after subsection 5.12(1) of the Regulations is struck out.

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

(3) A person may, before August 15, 2005, offer for transport or transport dangerous goods in a small means of containment required or permitted by the "Transportation of Dangerous Goods Regulations" in force on August 14, 2002 if the dangerous goods were placed in the small means of containment on or before August 14, 2002.

8. In the table following subsection 8.1(5) of the Regulations, the reference to “the local police and the Public Emergency Programme at 1‑800-663-3456” beside the  reference to “British Columbia” is replaced by “the local police and the Provincial Emergency Program at 1-800-663-3456”.

9. (1) The portion of subsection 12.8(2) of the Regulations before paragraph (b) is replaced by the following:

(2) The person who offers for transport the dangerous goods must, on each small means of containment that contains the dangerous goods,

(a) mark the words "Air Transport, 12.8, Consumer commodity" or "Transport aérien, 12.8, produit de consommation" in letters at least 25 mm high and in a colour that contrasts with the background colour of the means of containment; and

(2) Section 12.8 of the Regulations is amended by adding the following after subsection (2):

(3) Despite subsection (2), the dangerous goods safety marks that are required by that subsection to be marked or displayed on a small means of containment are not required to be marked or displayed on a small means of containment that is inside another small means of containment if the other small means of containment is not opened during loading or unloading or while the dangerous goods are in transport.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

 

 

FOOT NOTES

 

 

a.  S.C. 1992, c. 34

1.  SOR/2001-286

 

 

 

 

 

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