Transportation of Dangerous Goods Regulations (SOR/2001-286)

Limited Access Location — Class 2.1

• 12.31 (1) Dangerous goods that have a primary class of Class 2.1, except UN1950, AEROSOLS, may be offered for transport, handled or transported in accordance with section 12.30 if Table 3-1 does not forbid the transport of the dangerous goods.

• (2) Despite the word “FORBIDDEN” set out in columns 10 and 11 of Table 3-1, dangerous goods may be offered for transport, handled or transported on board a passenger aircraft in accordance with section 12.30 if

  • (a) the dangerous goods are

    • (i) UN1001, ACETYLENE, DISSOLVED,

    • (ii) UN1011, BUTANE,

    • (iii) UN1012, BUTYLENE,

    • (iv) UN1049, HYDROGEN, COMPRESSED,

    • (v) UN1055, ISOBUTYLENE,

    • (vi) UN1060, METHYLACETYLENE AND PROPADIENE MIXTURE, STABILIZED,

    • (vii) UN1077, PROPYLENE,

    • (viii) UN1954, COMPRESSED GAS, FLAMMABLE, N.O.S.,

    • (ix) UN1969, ISOBUTANE,

    • (x) UN1971, METHANE, COMPRESSED or NATURAL GAS, COMPRESSED, or

    • (xi) UN1978, PROPANE;

  • (b) the dangerous goods are contained in a cylinder with a water capacity of less than or equal to 110 L; and

  • (c) the total water capacity of all cylinders containing the dangerous goods transported on board the aircraft is less than or equal to 132 L.

• (3) The dangerous goods referred to in subparagraphs (2)(a)(ii), (iii), (v), (vii), (ix) and (xi) may be identified by UN1075 and the shipping name PETROLEUM GASES, LIQUEFIED instead of the UN number and shipping name identified for them.

Limited Access Location — Class 2.2

12.32 Dangerous goods that have a primary class of Class 2.2, except UN1950, AEROSOLS, may be offered for transport, handled or transported in accordance with section 12.30 if Table 3-1 does not forbid the transport of the dangerous goods.

Limited Access Location — Class 3

• 12.33 (1) Any of the following dangerous goods may be offered for transport, handled or transported in accordance with section 12.30:

  • (a) UN1170, ETHANOL or ETHANOL SOLUTION or ETHYL ALCOHOL or ETHYL ALCOHOL SOLUTION;

  • (b) UN1202, DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT;

  • (c) UN1203, GASOLINE or MOTOR SPIRIT or PETROL;

  • (d) UN1219, ISOPROPANOL or ISOPROPYL ALCOHOL;

  • (e) UN1223, KEROSENE;

  • (f) UN1230, METHANOL;

  • (g) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S., Packing Groups II and III only;

  • (h) UN1863, FUEL, AVIATION, TURBINE ENGINE, Packing Groups II and III only;

  • (i) UN1987, ALCOHOLS, N.O.S.

• (2) Despite the packing instructions and quantity limits set out in columns 10 to 13 of Table 3-1, the dangerous goods referred to in subsection (1) may be offered for transport, handled or transported by aircraft if they are in a large means of containment — that is a tank, container or apparatus that is an integral part of the aircraft or is attached to the aircraft — or in one of the following means of containment:

  • (a) for quantities less than or equal to 25 L, a small means of containment that is

    • (i) designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there is no release of the dangerous goods that could endanger public safety, and

    • (ii) capable of withstanding, without leakage, a pressure differential of not less than 95 kPa; or

  • (b) for quantities greater than 25 L, a UN standardized means of containment that is

    • (i) a jerrican with the packaging code UN 3A1, UN 3B1 or UN 3H1 and a capacity of less than or equal to 60 L, or

    • (ii) a drum with the packaging code UN 1A1, UN 1B1, UN 1N1 or UN 1H1 and a capacity of less than or equal to 220 L.

• (3) If the dangerous goods referred to in subsection (1) are transported on board a passenger aircraft and the total capacity of all the means of containment referred to in paragraphs 2(a) and (b) on board the aircraft is less than or equal to 230 L, one of the following letters must be displayed on the means of containment referred to in paragraph (2)(b):

  • (a) in the case of Packing Group I or II, the letter “X”, or

  • (b) in the case of Packing Group II, the letter “Y”.

• (4) If the dangerous goods referred to in subsection (1) are contained in a large means of containment that is transported suspended from a helicopter, the large means of containment must be a collapsible fabric tank that is constructed of material and seamed in accordance with MIL-T-52983G.

Limited Access Location — UN0312, CARTRIDGES, SIGNAL (Bear Bangers)

• 12.34 (1) Despite the word “FORBIDDEN” set out in columns 10 and 11 of Table 3-1, bear bangers that are UN0312, CARTRIDGES, SIGNAL may be offered for transport, handled or transported in accordance with section 12.30 if

  • (a) the bear bangers are in an outer means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there is no release of the dangerous goods that could endanger public safety;

  • (b) the words “Bear bangers” or “Artifices d’effarouchement d’ours” are displayed on the means of containment; and

  • (c) in the case of an aircraft that has a baggage or cargo compartment that is separate from the passenger cabin, the bear bangers are transported in that compartment.

• (2) Despite subsection 12.2(1) of these Regulations, Chapter 3 of Part 5 of the ICAO Technical Instructions does not apply if dangerous goods that are bear bangers are transported in accordance with this section.

Limited Access Location — UN1950, AEROSOLS and Bear Sprays

• 12.35 (1) Dangerous goods that are UN1950, AEROSOLS may be offered for transport, handled or transported in accordance with section 12.30 of these Regulations if Table 3-1 does not forbid the transport of the dangerous goods.

• (2) If the dangerous goods referred to in subsection (1) are bear sprays,

  • (a) the dangerous goods must be in an outer means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there is no release of the dangerous goods that could endanger public safety;

  • (b) the words “Bear spray” or “Répulsif à ours” must be displayed on the outer means of containment; and

  • (c) in the case of an aircraft that has a baggage or cargo compartment that is separate from the passenger cabin, the dangerous goods are transported in that compartment.

• (3) Despite subsection 12.2(1) of these Regulations, Chapter 3 of Part 5 of the ICAO Technical Instructions does not apply if dangerous goods that are bear sprays are transported in accordance with this section.

Limited Access Location — UN1263, PAINT or PAINT RELATED MATERIAL

• 12.36 (1) Dangerous goods that are UN1263, PAINT or PAINT RELATED MATERIAL may be offered for transport, handled or transported in accordance with section 12.30.

• (2) Despite the quantity limits set out in Packing Instruction Y341 of section 5.1 of Part 4 of the ICAO Technical Instructions and column 11 of Table 3-1, dangerous goods that are UN1263, PAINT or PAINT RELATED MATERIAL and are included in Packing Group II may be offered for transport, handled or transported under subsection (1) in limited quantities in a metal inner packaging with a capacity of 5 L or less and if the total quantity of dangerous goods per means of containment is less than or equal to 5 L.

Limited Access Location — Wet Batteries

• 12.37 (1) Dangerous goods that are UN2794, BATTERIES, WET, FILLED WITH ACID, UN2795, BATTERIES, WET, FILLED WITH ALKALI or UN2800, BATTERIES, WET, NON-SPILLABLE may be offered for transport, handled or transported in accordance with section 12.30.

• (2) Despite the requirements related to outer packaging in Packing Instruction 870 in section 10.12 of Part 4 of the ICAO Technical Instructions, dangerous goods that are offered for transport, handled or transported in accordance with subsection (1) may be transported in an outer packaging that is not listed in that Packing Instruction and does not meet Packing Group II performance requirements if the outer packaging

  • (a) is rigid, is a wooden slatted crate or is a pallet; and

  • (b) is designed, constructed, secured and maintained so that under normal conditions of transport, including handling, there is no release of the dangerous goods that could endanger public safety.

• (3) Despite the quantity limits set out in Packing Instruction 870 in section 10.12 of Part 4 of the ICAO Technical Instructions and column 11 of Table 3-1, the total quantity per means of containment of dangerous goods that are UN2794, BATTERIES, WET, FILLED WITH ACID or UN2795, BATTERIES, WET, FILLED WITH ALKALI must not exceed 120 kg if these dangerous goods are transported on board a passenger aircraft.

Limited Access Location — Vehicles, Engines and Machinery

• 12.38 (1) Any of the following dangerous goods may be offered for transport, handled or transported in accordance with section 12.30:

  • (a) UN3166, VEHICLE, FLAMMABLE GAS POWERED;

  • (b) UN3166, VEHICLE, FLAMMABLE LIQUID POWERED;

  • (c) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED;

  • (d) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED;

  • (e) UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

  • (f) UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED;

  • (g) UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED;

  • (h) UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED;

  • (i) UN3529, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED;

  • (j) UN3529, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED;

  • (k) UN3529, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED;

  • (l) UN3529, MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED;

  • (m) UN3530, ENGINE, INTERNAL COMBUSTION;

  • (n) UN3530, MACHINERY, INTERNAL COMBUSTION.

• (2) Despite the word “FORBIDDEN” set out in columns 10 and 11 of Table 3-1, dangerous goods that are UN3529 may be offered for transport, handled or transported under subsection (1) in accordance with the packing instructions and quantity limits set out in columns 12 and 13 of that Table for those dangerous goods.

Enforcement Officer Exemption

12.39 These Regulations do not apply to the offering for transport, handling or transporting by aircraft of dangerous goods by a federal, provincial or municipal officer if the dangerous goods are in quantities necessary to allow the officer to carry out their duties with respect to the enforcement of federal, provincial or municipal law.

Emergency Response Exemption

12.40 These Regulations do not apply to the offering for transport, handling or transporting by aircraft of dangerous goods in quantities necessary to respond to an emergency that endangers public safety.

PART 13Protective Direction

Effective Date and Expiry of a Protective Direction

• 13.1 (1) A protective direction takes effect on the date on which it is signed by the Minister or at a later date indicated in the protective direction. However, after the effective date of the protective direction, any non-compliance with it must not be enforced against a person unless the person has received the original signed protective direction or an electronic copy of it, or reasonable steps have been taken to make the person aware of the protective direction.

• (2) A protective direction expires on the expiry date specified in it. If no expiry date is specified in the protective direction, it expires 12 months after the date on which it is signed.

Requesting a Review of a Protective Direction

• 13.2 (1) A person may request a review of a protective direction at any time after it is signed.

• (2) The request must be made, in writing, to the Minister and must include the following information:

  • (a) the name and address of the place of business of the person requesting the review;

  • (b) the result the person expects from the review; and

  • (c) all the information necessary to support the request for the review.

13.3 [Repealed, SOR/2023-155, s. 49]

PART 14Equivalency Certificate

Applying for an Equivalency Certificate

14.1 A person must apply to the Minister in writing for an equivalency certificate and must include the following information:

• (a) if the applicant is an individual, the name of the individual;

• (b) if the applicant is a company or an association, the name of the company or association and each association member, as the names appear in letters patent, articles of incorporation or any other document that shows the legal identity of the company or the association and each association member;

• (c) the address of the place of business of the applicant;

• (d) the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;

• (e) if a person submits an application on behalf of a company or an association, the person’s name and position and the telephone number, including the area code, and address of the person’s place of business;

• (f) the classification of the dangerous goods and, if the dangerous goods are in a solution or mixture, the composition and percentage (specified by volume, mass or net explosives quantity) of each chemical;

• (g) the method of packaging the dangerous goods, including a description of the means of containment and the quantity of dangerous goods in each means of containment;

• (h) whether the equivalency certificate is requested for transport by road vehicle, railway vehicle, aircraft or vessel;

• (i) a description of the proposal for an equivalency certificate, including

  • (i) the requirements of the Act or these Regulations that the applicant proposes not to comply with,

  • (ii) the manner in which the activity will be carried out and how that manner will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations, and

  • (iii) drawings, plans, calculations, procedures, test results and any other information necessary to support the proposal;

• (j) the length of time or the schedule of activities for which the equivalency certificate is requested; and

• (k) the name, position and business telephone number, including the area code, of the person who can be contacted regarding the application for an equivalency certificate and who is authorized by the applicant to speak on the applicant’s behalf.