Protective Direction No.35

I,  Marc Garneau, Minister of Transport, am issuing this Protective Direction under section 32 of the Transportation of Dangerous Goods Act, 1992 (Act) and considering it necessary to deal with an emergency that involves a danger to  public safety, do hereby direct that

1. Every air carrier shall immediately cease transporting the dangerous goods UN3480, lithium ion batteries as cargo on passenger carrying aircraft.
2. No person shall offer for transport by air or transport by air the dangerous goods UN3090, lithium Metal batteries and UN3480, lithium ion batteries unless they meet the provisions of Packing Instruction 965 or 968, as the case may be, of the ICAO Technical Instructions.
3. Items (1) and (2) do not apply to the dangerous goods UN3090, lithium Metal batteries and UN3480, lithium ion batteries in transport by air at the time this Protective Direction takes effect provided that the dangerous goods arrive at their final destination within seven days of the day this Protective Direction takes effect

The following definitions apply in this Protective Direction.

“air carrier” means a person who, whether or not for hire or reward, has possession of dangerous goods while they are in transport by air. (transporteur aérien)

“cargo” means any property carried on an aircraft other than mail and accompanied or mishandled baggage. (fret)

“ICAO Technical Instructions” means 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. (Instructions techniques de l’OACI)

“passenger” means any person carried on board an aircraft but does not include

1. a crew member,
2. a person who is accompanying dangerous goods or other cargo,
3. an operator, owner or charterer of the aircraft,
4. an employee of the operator, owner or charterer of the aircraft, who is acting in the course of employment, or
5. a person carrying out inspection or investigation duties under an Act of Parliament or of a provincial legislature. (passager)

“passenger carrying aircraft” means an aircraft that is carrying one or more passengers. (aéronef de passagers)

This Protective Direction takes effect on April 1 2016. It remains in effect until the earliest of

• the day it is cancelled in writing by  the Minister of Transport, or
• the day on which a regulation respecting the above mentioned subject matter is made under section 27 of the Act.

SIGNED AT OTTAWA, ONTARIO, this 22 day of March 2016.

The Honourable Marc Garneau