Part 5

Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:

accidental release
aerosol container
aircraft
capacity
Category A
Category B
certification safety mark
49 CFR
class
compatibility group
consolidation bin SOR/2014-159
culture
cylinder
dangerous goods
flash point
gas
gross mass
handling
IMDG Code
IMDG Code, 29th Amendment SOR/2002-306
import
infectious substance
in standard
in transport
large means of containment
liquid
means of containment
means of transport
net explosives quantity
offer for transport
packing group
person
public safety
railway vehicle
road vehicle
safety requirements
safety standards
small means of containment
standardized means of containment
subsidiary class
substance
tube
Type 1A means of containment
Type 1B means of containment
Type 1C means of containment
UN Recommendations
UN standardized means of containment
vessel SOR/2017-253

5.1 Interpretation – Crude Oil, Oil and Refined Petroleum Products SOR/2017-137

For the purposes of this Part

(a) crude oil
means
1. (i) oil, other than refined petroleum products,
2. (ii) a blend of oils, other than refined petroleum products, or
3. (iii) a blend of oils, other than refined petroleum products, with refined petroleum products;
(b) oil
means
1. (i) crude oil produced at a wellhead in liquid form, and
2. (ii) any other hydrocarbons, except coal and gas, including hydrocarbons that may be extracted or recovered from deposits of oil sand,bitumen, bituminous sand, oil shale or from any other types of deposits on the surface or subsurface or the seabed or its subsoil; and
(c) refined petroleum products
means
1. (i) gasoline-type fuels for use in internal combustion engines,
2. (ii) oil for use as a component in the blending of gasoline-type fuels referred to in subparagraph (i),
3. (iii) middle distillates, including the products commercially known as kerosene, solvents, stove oil, diesel fuel, furnace oil, diesel oil, gas oil, distillate heating oil, engine distillates and Nos. 1, 2, and 3 fuel oils, and
4. (iv) heavy fuel oils, including Nos. 4, 5 and 6 fuel oils, bunker “C” oil, “C” grade oil, residual fuel oil, heavy bunker oil, intermediate and thin bunker fuels and any blend of heavy fuel oils.

SOR/2017-137

5.1.1 Selecting and Using Means of Containment SOR/2017-137

(1) A person must not handle, offer for transport, transport or import dangerous goods in a means of containment unless the means of containment is required or permitted by this Part to be used for the transportation of the dangerous goods.

(2) A person must not handle, offer for transport or transport dangerous goods in a standardized means of containment unless the standardized means of containment is in standard.

(3) A person must not handle, offer for transport or transport dangerous goods in a means of containment that is required or permitted by this Part unless the means of containment is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no release of the dangerous goods that could endanger public safety.

SOR/2017-137

5.2 Requirements for a Standardized Means of Containment to Be in Standard

A standardized means of containment is in standard with a specific safety standard if it has displayed on it the certification safety marks required by the standard and

(a) was in compliance with the requirements of the standard when each certification safety mark was first displayed; and
(b) remains in compliance with the requirements of the standard that had to be complied with when each certification safety mark was first displayed.

5.3 Certification Safety Marks on a Means of Containment

Any mark required by a safety standard is a certification safety mark and must be visible and legible when it is displayed on a means of containment.

Under section 8 of the Act, a person must not sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it has displayed on it all the applicable prescribed safety marks.

5.4 Loading and Securing

A person must load and secure dangerous goods in a means of containment and must load and secure the means of containment on a means of transport in such a way as to prevent, under normal conditions of transport, damage to the means of containment or to the means of transport that could lead to an accidental release of the dangerous goods.

5.5 Filling Limits

(1) A person filling a means of containment with dangerous goods must not exceed the maximum quantity limit specified in a safety standard or safety requirement applicable to that means of containment.

(2) If the maximum quantity limit for a means of containment is not specified in a safety standard or safety requirement, the person filling the means of containment with dangerous goods

(a) must not exceed the maximum quantity limit established by the manufacturer for the means of containment; and
(b) must ensure that the means of containment could not become liquid full at any temperature less than or equal to 55°C.

SOR/2012-245

5.5.1 Repealed SOR/2015-100

5.6 UN Standardized Means of Containment

A means of containment is a UN standardized means of containment if it has displayed on it the applicable UN marks illustrated in Chapter 6.1, Chapter 6.3 and Chapter 6.5 of the UN Recommendations and
SOR/2002-306

(a) it is in compliance with
1. (i) sections 2 and 3 and Part I of CGSB-43.125 for a Type P620 means of containment,
  SOR/2017-137
2. (ii) sections 2 and 3 and Part I of CGSB-43.146, or
  SOR/2017-137
3. (iii) sections 2 and 3 and Part 1 of TP14850; or
  SOR/2014-152
(b) it was manufactured outside Canada in compliance with Chapter 6.1, 6.3 or 6.5 of the UN Recommendations and with the national regulations of the country of manufacture.

Class 1, Explosives

5.7 Compatibility Groups

(1) A person must not load or transport with other explosives in the same means of transport, except for a vessel, explosives that have a compatibility group letter listed in column 1 of a row in the following table unless the compatibility group letter of the other explosives is listed in column 2 of the same row:
SOR/2017-253

Table
SOR/2008-34

Column 1	Column 2
A	A
B	B, S
C	C, D, E, N, S
D	C, D, E, N, S
E	C, D, E, N, S
F	F, S
G	G, S
H	H, S
J	J, S
K	K, S
L	L
N	C, D, E, N, S
S	B, C, D, E, F, G, H, J, K, N, S

(2) For a mixed load of two or more explosives with compatibility groups C, D, E, N or S, the compatibility group of the mixed load is the first compatibility group of E, D, C, N or S present in the mixed load.
SOR/2008-34

(3) Despite subsection (1), detonators in compatibility group B may be loaded or transported in the same road vehicle with explosives in compatibility group D or N. The compatibility group of the mixed load is D.
SOR/2008-34

(4) Despite subsection (1), explosive articles included in compatibility group G, except for fireworks with UN number UN0333, UN0334, UN0335 or UN0336, may be loaded or transported in the same road vehicle together with explosive articles included in compatibility group C, D or E. The compatibility group of the mixed load is E.
SOR/2008-34

(5) For a mixed load of two explosives with one of the compatibility groups being S, the compatibility group of the mixed load is that of the other compatibility group.
SOR/2008-34

5.8 Means of Containment for Class 1, Explosives

A person must not handle, offer for transport or transport dangerous goods included in Class 1, Explosives, unless they are in a means of containment that is selected and used in accordance with CGSB-43.151.
SOR/2014-306

5.9 Repealed SOR/2008-34

Class 2, Gases

5.10 Means of Containment for Class 2, Gases

(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

(a) for transport by road vehicle,
1. (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
2. (ii) CSA B340,
3. (iii) CSA B342,
4. (iv) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,
5. (v) CSA B625, or
6. (vi) TP14877, if the means of containment is a ton container;
(b) for transport by railway vehicle,
1. (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
2. (ii) TP14877,
3. (iii) CSA B340,
4. (iv) CSA B342, or
5. (v) CSA B625;
(c) for transport by aircraft,
1. (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
2. (ii) CSA B340, or
3. (iii) CSA B342; and
(d) for transport by vessel,
SOR/2017-253
1. (i) CGSB-43.123, if the gas is included in Class 2.1, Flammable Gases or Class 2.2, Non-flammable and Non-toxic Gases,
2. (ii) TP14877,
3. (iii) CSA B340,
4. (iv) CSA B342,
5. (v) CSA B622, except clause 4.3 of that standard, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
6. (vi) CSA B625.

(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

(a) was manufactured in accordance with a container specification that is designated by the prefix “CTC”, “ICC”, “TC” or “DOT” and is listed in Table 29 of CSA B339;
(b) is an equivalent container as defined in CSA B340 and was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT”;
(c) was manufactured in accordance with a container specification that is designated by the prefix “BTC”, “CRC”, “ICC” or “DOT” followed by “3”, “3A480X”, “3B”, “3BN”, “4B240FLW”, “8”, “8AL” or “8WC”;
(d) has the letters “CRC”, “BTC”, “CTC” or “TC” displayed on it and was manufactured before January 1, 1993 in accordance with the conditions of a special permit that was issued under the regulations for the transportation of dangerous goods by rail in force before December 5, 1991; or
(e) has the letters “ICC” or “DOT” displayed on it and was manufactured before January 1, 1993 in accordance with a packaging or handling exemption that was issued under Subpart B of Part 107 of 49 CFR.

(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

(a) CSA B339, if the requalification is performed in Canada;
(b) Part 180 of 49 CFR, if the requalification is performed in the United States; or
(c) CSA B339 or Part 180 of 49 CFR, if the requalification is performed outside both Canada and the United States.

(4) For the purposes of this section, clause 5.1.4 of CSA B340 must be read as requiring

(a) 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 the applicable special permit or exemption; and
(b) the requalification to be performed by a facility that is registered in accordance with CSA B339 or approved in accordance with Subpart I of Part 107 of 49 CFR.

(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, 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:

(a) the person who prepares the report must give a copy of it to the owner of the means of containment;
(b) the person who prepares the report and the owner must each keep a copy of the report for 10 years; and
(c) the owner must, during the 10-year period, give a copy of the report to any person to whom ownership of the means of containment is transferred.

(7) 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,

(a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;
(b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or
(c) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(8) 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,

(a) the UN pressure receptacle must be firmly secured within the outer packaging; and
(b) one or more inner packagings may be enclosed in the outer packaging, unless otherwise specified in clause 5 of CSA B342.

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

(a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture;
(b) to comply with the design, construction, initial inspection, and testing requirements set out in an edition of CSA B341 that was not yet incorporated by reference in these Regulations at time of manufacture but for which early implementation was authorized by an equivalency certificate issued by the Minister; or
(c) to be marked with the letters “USA”, denoting the United States as the country of approval, in accordance with section 178.75(j)(1) of 49 CFR, and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(10) 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

(a) to comply with the design, construction, initial inspection, and testing requirements set out in the edition of CSA B341 that was incorporated by reference in these Regulations at the time of manufacture; or
(b) to be marked with the letters “USA” in accordance with section 178.71(q)(3) of 49 CFR and to comply with the design, construction, initial inspection, and testing requirements set out in Subpart C of Part 178 of 49 CFR.

(11) For the purposes of this section, a person who uses a standardized means of containment in accordance with CSA B622 must use a means of containment that

(a) is manufactured in accordance with CSA B620 if it was manufactured in Canada on or after August 31, 2008; and
(b) is tested and inspected in accordance with CSA B620 if its most recent periodic re-test or periodic inspection was performed in Canada on or after August 31, 2008.

(12) Despite paragraph 11(a), a standardized means of containment that is a TC 51 portable tank and that is used in accordance with CSA B622 may be manufactured in accordance with CSA B620-09.

(13) For the purposes of subsection (12), the following requirements of CSA B622 do not apply:

(a) the requirement in clause 4.2 respecting TC 51 portable tanks; and
(b) the requirement in the footnote respecting TC 51 portable tanks after Table 1 to clause 4.4.3.

SOR/2017-137

5.11 UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES SOR/2014-152

Despite section 5.10, a person must not handle, offer for transport or transport dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, unless they are contained in a means of containment that is manufactured, selected and used in accordance with CGSB-43.123.

SOR/2014-152

Classes 3, 4, 5, 6.1, 8 and 9 Dangerous Goods

5.12 Small Means of Containment

(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.
SOR/2017-137

(2) A person must not reuse a steel or plastic drum with a capacity greater than or equal to 150 L to handle, offer for transport or transport dangerous goods that are liquid and are included in Class 3, 4, 5, 6.1, 8 or 9 unless
SOR/2011-60

(a) for a steel drum, the requirements for the reconditioning, remanufacturing and repair in Part II of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126; or
SOR/2011-60
(b) for a plastic drum, the requirements for the reconditioning, remanufacturing and repair in Part III of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126.
SOR/2011-60

(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 intermediate bulk container (IBC) manufactured in Canada must provide a notice to the initial user in accordance with clause 4.8 of CGSB-43.146.
SOR/2017-137

(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 clause 12.6 of CGSB-43.146.
SOR/2017-137

(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 clauses 12.2, 12.3 and 12.4 of CGSB-43.146.
SOR/2017-137

5.13 Repealed SOR/2014-152

5.14 Large Means of Containment
SOR/2008-34

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a large means of containment unless it is manufactured, selected and used in accordance with

(a) for transport by road vehicle,
1. (i) the requirements of Part II of CGSB-43.146, if the means of containment is a UN standardized means of containment,
  SOR/2017-253
2. (ii) CSA B621, except clause 8.2(b), and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,
3. (iii) CSA B625, or
4. (iv) TP14877, if the means of containment is a ton container;
(b) for transport by railway vehicle,
1. (i) the requirements of Part II of CGSB-43.146, if the means of containment is a UN standardized means of containment,
  SOR/2017-253
2. (ii) TP14877, or
3. (iii) CSA B625;
(c) for transport by aircraft, Part 12, Air, of these Regulations; and
(d) for transport by vessel,
SOR/2017-253
1. (i) the requirements of Part II of CGSB-43.146, if the means of containment is a UN standardized means of containment,
  SOR/2017-253
2. (ii) TP14877,
3. (iii) CSA B621, except clause 8.2(b), and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
4. (iv) CSA B625.

SOR/2014-152

(1.1) If there is a conflict between sections 5.14.1 to 5.15.6 and subparagraph (1)(b)(ii), sections 5.14.1 to 5.15.6 prevail to the extent of the conflict.
SOR/2015-100

(2) In addition to the requirements of subparagraphs (1)(a)(ii) and (d)(iii), a person who uses a standardized means of containment that is required by CSA B621 to offer for transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 must use a means of

(a) manufactured in accordance with CSA B620 if the means of containment was manufactured in Canada on or after August 31, 2008; and
(b) tested and inspected in accordance with CSA B620 when the most recent periodic re-test or periodic inspection is performed in Canada on or after August 31, 2008.

SOR/2008-34

(3) Repealed SOR/2017-137

(4) Repealed SOR/2017-137

Tank Cars for Flammable Liquids SOR/2015-100

5.14.1 Clause 10.5.3 of TP14877 SOR/2015-100

The requirements of clause 10.5.3 of TP14877 do not apply in respect of the importing, offering for transport, handling or transporting of any dangerous goods included in Class 3, Flammable Liquids, Packing Group I, II or III, in a tank car.
SOR/2015-100

5.14.2 Clause 10.1 of TP14877 SOR/2017-137

The exception set out in clause 10.1 of TP14877 does not apply in respect of the importing, offering for transport, handling or transporting of any of the following dangerous goods in a tank car:
SOR/2017-137

(a) UN1170, ETHANOL more than 24% ethanol, by volume;
(b) UN1267, PETROLEUM CRUDE OIL;
(c) UN1268, UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are crude oil;
SOR/2017-137
(d) UN1987, ALCOHOLS, N.O.S.;
(e) UN1993, FLAMMABLE LIQUID, N.O.S.;
(f) UN3475, ETHANOL AND GASOLINE MIXTURE with more than 10% ethanol, ETHANOL AND MOTOR SPIRIT MIXTURE with more than 10% ethanol, or ETHANOL AND PETROL MIXTURE with more than 10% ethanol; and
(g) UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC.

SOR/2015-100

5.14.3 Clause 10.1 of TP14877 – May 1, 2025 SOR/2015-100

Starting on May 1, 2025, the exception set out in clause 10.1 of TP14877 does not apply in respect of the importing, offering for transport, handling or transporting of dangerous goods included in Class 3, Flammable Liquids, Packing Group I, II or III, in a tank car.
SOR/2015-100

5.15 Tank Car Selection SOR/2017-137

(1) A person must not import, offer for transport, handle or transport any of the dangerous goods listed in subsection (2) and included in Packing Group I, II or III in a tank car unless the tank car
SOR/2017-137

(a) is a Class 105, 112, 115 or 120 tank car that is in compliance with the requirements of TP14877 for the tank car’s class and that is equipped with a jacket that
(b) SOR/2017-137
1. (i) is made of ASTM A1011 steel, or steel of an equivalent standard,
2. (ii) has a thickness equal to or greater than 3 mm (11 gauge), and
3. (iii) is weather-resistant;
(c) is an enhanced Class 111 tank car with a jacket;
(d) is an enhanced Class 111 tank car without a jacket;
(e) is a TC 117R tank car;
(f) is a TC 117 tank car; or
(g) is a TC 117P tank car.