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Transport Canada regulates the transportation of dangerous goods in Canada. Dangerous goods, also called hazardous materials or hazmat, are any materials that can be dangerous when transported. To minimize the risks they present to those who work with and around them, dangerous goods must be identified and clearly marked. They must also be packaged, handled, and stored according to Transport Canada’s Transportation of Dangerous Goods regulations.
In Canada, the transportation of dangerous goods by highway, air, water, and rail are regulated under the Transportation of Dangerous Goods Act, 1992, and the Transportation of Dangerous Goods regulations.
Canada’s Act and regulations help to ensure dangerous goods transportation does not adversely affect people, property, or the environment.
Regulations on the transportation of dangerous goods are maintained by Transport Canada, Transportation of Dangerous Goods (TDG) Directorate. The TDG Directorate is responsible for regulatory development and serves as the primary source of information and guidance for all TDG stakeholders, including the general public, the TDG industry, and government.
While the regulations are federal, each Canadian jurisdiction is responsible for enforcing the dangerous goods regulations.
Transport Canada
Transport Canada is Canada’s federal transportation agency. The agency is responsible for regulating air, marine, rail, and road transportation.
In the United States, the Federal Motor Carrier Safety Administration (FMCSA) is responsible for promulgating regulations that help reduce commercial vehicle accidents and deaths. Canada, however, doesn’t have an FMCSA equivalent. Transport Canada has delegated most of its authority to regulate motor carriers to the jurisdictional governments.
Transport Canada has retained its authority to enact the following regulations (of interest to commercial motor vehicle operators):
Enforcement
Contrary to what some might believe, Canada’s federal transportation agency, Transport Canada, does not function in the same manner as the United States Department of Transportation with regards to commercial vehicle enforcement. In fact, Transport Canada does not have an enforcement branch nor do they enforce commercial transportation on a large scale. Transport Canada has fully delegated its commercial vehicle enforcement authority to the provincial and territorial governments (collectively called “jurisdictions”).
Who must comply with the regulations?
The short answer is: Everyone. In Canada, the dangerous goods regulatory requirements apply to anyone transporting dangerous goods, even if the dangerous goods are being transported for personal use.
There are exceptions when transporting dangerous goods in small quantities and in specific situations. These are referred to as “special cases” in the Transportation of Dangerous Goods (TDG) regulations.
Is a permit required to transport dangerous goods in Canada?
A permit or registration with Transport Canada is not required to transport dangerous goods in Canada.
Canada-United States reciprocity
With the amount of materials going back and forth between the two countries, it is only logical that Canada and the United States have reciprocity, so the country of origin may use its own set of regulations to transport dangerous goods/hazardous materials. And, of course, there is reciprocity.
However, reciprocity does not always apply. Differences do exist and additional training may be needed. If a dangerous good is regulated in Canada, but not in the United States, it must be shipped according to the TDG Clear Language Regulations. Likewise, if a hazardous material is regulated in the United States, but not in Canada, it must be shipped according to 49 CFR.
If a substance is regulated in the United States by 49 CFR but is not regulated in Canada, Canada’s regulations allow a person to transport the substance between Canada and the United States by road vehicle or railway vehicle in accordance with all or part of 49 CFR.
There are two general types of containment in Canada, large means of containment and small means of containment.
A large means of containment is a containment with a capacity greater than 450 liters.
A small means of containment is a containment with a capacity less than or equal to 450 liters.
Loading and unloading dangerous goods
Handling means loading, unloading, packing, or unpacking dangerous goods, and includes storing them, in a means of containment during the transportation process.
Loading and securing means of containment is addressed in Part V of the Transportation of Dangerous Goods (TDG) Clear Language regulations.
Road/highway
Despite the requirements in Part 2 (Classification), Part 3 (Documentation), and Part 4 (Dangerous Goods Safety Marks), if transport has been or is to be by aircraft, a person may handle or transport dangerous goods by road vehicle to or from an aircraft, an aerodrome, or an air cargo facility in accordance with the classification, marking, labelling, and documentation requirements of the International Civil Aviation Organization (ICAO) Technical Instructions, if:
This allowance does not apply if Canada’s dangerous goods regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the ICAO Technical Instructions but are regulated by Canada’s dangerous goods regulations.
If dangerous goods are transported to or from an aircraft, an aerodrome, or an air cargo facility, by a road vehicle, then the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it.
Transporting dangerous goods to or from a vessel, a port facility or a marine terminal
Despite the requirements in Part 2 (Classification), Part 3 (Documentation), and Part 4 (Dangerous Goods Safety Marks), if transport has been or is to be by vessel, a person may handle or transport by road vehicle an international consignment of dangerous goods to or from a vessel, a port facility or a marine terminal in accordance with the classification, marking, labelling, placarding and documentation requirements of the International Maritime Dangerous Goods (IMDG) Code if:
This allowance does not apply if Canada’s dangerous goods regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the IMDG Code but are regulated by these Canada’s dangerous goods regulations.
If dangerous goods are transported in a large means of containment to or from a vessel, a port facility or a marine terminal, the large means of containment must have placards displayed on it in accordance with Part 4 (Dangerous Goods Safety Marks) or the IMDG Code.
Reshipping in Canada
When a consignment of dangerous goods is transported from a place outside Canada to a place in Canada and is reshipped within Canada by road vehicle, the dangerous goods safety marks displayed in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code at the time of entry into Canada may continue to be displayed, except that the large means of containment containing the dangerous goods must have placards displayed on it in accordance with Part 4 (Dangerous Goods Safety Marks).
The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code, if they differ from the ones required to be displayed by Part 4 (Dangerous Goods Safety Marks).
Maximum net explosives quantity in a road vehicle
The total net explosives quantity of all explosives that are transported together in a road vehicle must be less than or equal to the following limits:
Rail
See the Transportation of Dangerous Goods Regulations, Part 10 for provisions regarding the transportation of dangerous goods by rail.
Marine
See the Transportation of Dangerous Goods Regulations, Part 11 for provisions regarding the transportation of dangerous goods by vessel.
Air
See the Transportation of Dangerous Goods Regulations, Part 12 for provisions regarding the transportation of dangerous goods by air.
Like many regulatory requirements, there are always exceptions. The Transportation of Dangerous Goods (TDG) regulations are no different.
Exceptions exist to help provide relief from the TDG’s regulatory requirements.
150-kilogram (330-pound) gross mass exemption
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport, or transporting of dangerous goods on a road vehicle, a railway vehicle, or a vessel on a domestic voyage if all of the following are met:
The 150-kilogram gross mass exemption doesn’t apply to certain types of materials. These materials include dangerous goods that:
500-kg (1,102-pound) gross mass exemption
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle, or a vessel on a domestic voyage if:
The 500-kilogram gross mass exemption doesn’t apply to certain types of materials. These materials include dangerous goods that:
Limited quantities exemption
A quantity of dangerous goods, other than explosives, is a limited quantity if:
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 (Reporting 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 vessel 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 following:
<<More information on the markings can be found in the Limited Quantities marking within the Dangerous Goods, Markings, Placards, Labels outline >>>
The Transportation of Dangerous Goods Act requires that a person offering or transporting certain dangerous goods must have an approved Emergency Response Assistance Plan (ERAP). Part VII and Column 7 of Schedule I of the Transportation of Dangerous Goods (TDG) Regulations identify the dangerous goods and the concentration or quantity for which an ERAP is required.
ERAPs are not required for all dangerous goods; they are only required for the dangerous goods listed in Column 7 of Schedule I of the TDG Regulations. The materials listed are dangerous goods that are more harmful than others and may present significant hazards in the event of an accident. Response to this type of an accident may require special equipment or specially trained personnel. Explosives, toxic gases, flammable gases, and poisons are examples of such dangerous goods.
A person who offers for transport or imports more than one consignment of dangerous goods at the same time must have an approved ERAP if the consignments are in more than one large means of containment (MOC), and the total quantity of dangerous goods in all the required large MOC exceeds the ERAP limit.
The intent of an ERAP is to provide onsite assistance to local authorities in the event of an accident involving the dangerous goods. The assistance provided might include the provision of emergency response advice first by telephone, by a knowledgeable person attending the accident site, and the supply of specialized equipment and a response team to mitigate the effect of the dangerous goods at the accident site.
There are a number of options for filing ERAPS; securing adequate response capabilities may entail several factors such as the nature of the dangerous goods, specialized training, equipment, mode of transportation, geographic area to cover, and means of containment.
There are three basic options:
The person required to file or cause a summary to be filed is responsible for all aspects of the ERAP before the ERAP is approved. It is also the responsibility of the person requiring the ERAP to verify and ensure that a contractor is capable of providing the required response.
Transport Canada has an active program to register, inspect, and approve ERAPs.
Be sure to review Part 7 of the TDG Regulations for updates and new information.
Anyone who handles, offers for transport, or transports dangerous goods must:
An employee must not handle, offer for transport or transport dangerous goods unless the employee:
“Adequately trained” means the person has a sound knowledge of all the topics listed below that directly relate to the person’s duties and to the dangerous goods handled, offered for transport or transported.
The topics include:
For air transport, additional training must include the aspects of training set out in Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions for the persons named in that chapter and the requirements in Part XII, Air.
For marine transport, additional training must include the requirements set out in the International Maritime Dangerous Goods (IMDG) Code and the “Dangerous Goods Shipping Regulations,” as applicable, and the requirements in Part XI, Marine.
See Part 6 of the Transportation of Dangerous Goods Regulations for complete training requirements.
Driver training
Dangerous Goods training is an important part of driver training in Canada, and the Transportation of Dangerous Goods (TDG) regulations reflect that importance. Not only are Canadian drivers expected to learn everything there is to know about transporting dangerous goods in Canada, drivers coming across the border are also expected to be trained at a high level, too.
Adequate training
How much training is required? The TDG Regulations state that a person is adequately trained if the person has a sound knowledge of the following topics that relate directly to the person’s duties and to the dangerous goods the person is expected to handle, offer for road transport or transport by road:
Schedule 1 contains information that is necessary to correctly identify, label, mark, and placard dangerous goods. Schedule 1 is sorted by UN number and not alphabetically as in 49 CFR; an alphabetical list is in Schedule 3.
The schedule is broken down into 10 columns:
Special provisions in Schedule 1
Special provision means an item of Schedule 2 referred to in Column 5 of Schedule 1.
Schedule 2 gives the text of the special provisions that apply to dangerous goods; the numbers of the special provisions in Schedule 2 correspond to the numbers in Column 5 of Schedule 1. Each UN number that has the special provision against it is included in italics at the end of each special provision.
When there is a special provision in Schedule 2 for dangerous goods, that special provision applies.
If there is a conflict between a special provision in Schedule 2 and other provisions in the regulations, the special provision applies.
When the regulations do not apply to specific dangerous goods, then Schedule 2 does not apply.
The consignor is responsible for determining the classification of dangerous goods.
This activity is normally done by a person who understands the nature of the dangerous goods such as:
The dangerous goods are divided into nine classes according to the type of danger they present. Some of the nine classes are further subdivided into divisions.
If the name of a dangerous goods is shown as a shipping name in Schedule 1, that name must be used as the shipping name. The shipping name and the corresponding data in Schedule 1 must be used as the classification of the dangerous goods.
For example, the name ACETONE is shown in Column 2 of Schedule 1. ACETONE is the shipping name. The class, 3, is shown in Column 3, the UN number, UN1090, is shown in Column 1 and the packing group, II, shown in Column 4.
If a substance meets the criteria for more than one class or packing group, the substance is a dangerous goods and its classification is determined in the following manner:
Dangerous goods segregation requirements
In Canada, the Transportation of Dangerous Goods (TDG) regulations have segregation rules for Class 1, Explosives.
In Part V - Means of Containment, explosives are assigned Compatibility Groups, designated by letters following the division number. Explosives may not be transported together in the same means of transport unless the compatibility group letters for the materials match.
Even though there are no other restrictions, different types of dangerous goods should be separated so that there would not be a mixing of materials if an incident or accident occurred.
Refer to the 49 CFR 177.848 Segregation of hazardous materials for guidance. <<refer to US regs here>>
Dangerous goods packing groups
In the TDG regulations, packing group means a group number assigned to a particular dangerous good, based on the inherent danger of the material:
In Part 2 Classification of the TDG regulations, it states if a substance is included in only one class and one packing group, the substance is dangerous goods and the shipping name in Column 2 of Schedule I that most precisely describes the dangerous goods and that is most consistent with the class and the packing group determined by the criteria and tests must be selected as the shipping name. That shipping name and the corresponding data for that shipping name in Columns 1, 3, and 4 of Schedule 1 must be used as the classification of the dangerous goods.
On the other hand, if a substance meets the criteria for inclusion in more than one class or packing group, the substance is dangerous goods and its classification is determined in the following manner:
Packing groups are addressed in the requirements regarding the various hazard classes in Part 2 Classification.
Shipping documents
Dangerous goods in transport must be accompanied by physical documentation that provides basic information about them.
The documentation is prepared by the consignor before the carrier takes possession of the dangerous goods and the dangerous goods are in transport. The documentation must be kept in specific locations while the dangerous goods are in transport.
When information required by Part III - Documentation is recorded on paper, that paper becomes the shipping document. A shipping document may be in any form, including a waste manifest or a company-designed form, as long as it contains all the information required by Part III - Documentation.
When information required by Part III - Documentation is recorded electronically, the resulting document is an electronic copy of a shipping document.
A shipping document and an electronic copy of it are both shipping records.
When documentation is required to be kept, it may be in the form of a shipping record, that is, on paper or in electronic form.
The term “master” is used in Part III - Documentation and is not defined in Part I, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases but is defined in the “Canada Shipping Act.”
Refer to Part III of the TDG Regulations for all documentation requirements.
The Transportation of Dangerous Goods (TDG) regulations define accidental release as an unplanned or accidental discharge, emission, explosion, outgassing, or other escape of dangerous goods, or any component or compound evolving from dangerous goods; or emission of ionizing radiation that exceeds a level established under the “Nuclear Safety and Control Act.”
The TDG regulations mirror requirements that 49 CFR has for releases (incidents) in 171.15 and 171.16 of the Hazardous Materials Regulations (HMR).
Part 8.1 of the TDG Regulations focuses on immediate reporting requirements; 8.2 specifies what information must be included in an immediate report; and 8.3 details what must be included in the 30-day follow-up report.
Part 8.1 not only includes quantities of releases and emissions that qualify for immediate reporting, but also lists provincial authorities to be contacted when a reportable release occurs.
Permits for equivalent level of safety
A permit for equivalent level of safety is an authorization issued under section 31 of the TDG Act to conduct an activity in compliance with the conditions of that authorization instead of with the requirements of the TDG Clear Language Regulations. There is no obligation for anyone to apply for a permit for equivalent level of safety to handle, offer for transport, or transport dangerous goods. However, if a person wants to conduct an activity in a way that is not consistent with the Act or the Regulations, the person must apply for a permit for equivalent level of safety to do so under section 31 of the Act.
Under subsection 31(1) of the Act, the Minister or a designated person may issue a permit for equivalent level of safety if the Minister or designated person is satisfied that the activity authorized by the permit will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the Act and the Regulations.
The persons designated to issue a permit for equivalent level of safety are those people in the Transport Dangerous Goods Directorate, Transport Canada, who hold the following positions:
Director General
Director, Regulatory Affairs Branch
Chief, Permits and Approvals Division
Additional information and requirements are available at Part XIV Permit for Equivalent Level of Safety of the Regulations.
There is reciprocity to a certain extent for hazardous materials or dangerous goods transported by road from the United States into or through Canada.
Road/highway
Despite the requirements in Part 2 (Classification), Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks), a person may handle or transport dangerous goods by road vehicle from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada in accordance with the classification, marking, labelling, placarding and documentation requirements of 49 CFR, if:
The allowance outlined above does not apply to dangerous goods that are forbidden for transport by Canada’s dangerous goods regulations, are not regulated by 49 CFR but are regulated by these regulations, or are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by Canada’s dangerous goods regulations.
A person who handles or transports dangerous goods by road vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada if the exemption number appears on the shipping document. If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and this exemption, the exemption prevails to the extent of the conflict.
Rail
See the Transportation of Dangerous Goods Regulations, Part 10 for provisions regarding the transportation of dangerous goods by rail and reciprocity with the United States.
Marine
See the Transportation of Dangerous Goods Regulations, Part 11 for provisions regarding the transportation of dangerous goods by vessel and reciprocity with the United States.
Air
See the Transportation of Dangerous Goods Regulations, Part 12 for provisions regarding the transportation of dangerous goods by air and reciprocity with the United States.
Regulations on the transportation of dangerous goods are maintained by Transport Canada, Transportation of Dangerous Goods (TDG) Directorate. The TDG Directorate is responsible for regulatory development and serves as the primary source of information and guidance for all TDG stakeholders, including the general public, the TDG industry, and government.
While the regulations are federal, each Canadian jurisdiction is responsible for enforcing the dangerous goods regulations.
Transport Canada
Transport Canada is Canada’s federal transportation agency. The agency is responsible for regulating air, marine, rail, and road transportation.
In the United States, the Federal Motor Carrier Safety Administration (FMCSA) is responsible for promulgating regulations that help reduce commercial vehicle accidents and deaths. Canada, however, doesn’t have an FMCSA equivalent. Transport Canada has delegated most of its authority to regulate motor carriers to the jurisdictional governments.
Transport Canada has retained its authority to enact the following regulations (of interest to commercial motor vehicle operators):
Enforcement
Contrary to what some might believe, Canada’s federal transportation agency, Transport Canada, does not function in the same manner as the United States Department of Transportation with regards to commercial vehicle enforcement. In fact, Transport Canada does not have an enforcement branch nor do they enforce commercial transportation on a large scale. Transport Canada has fully delegated its commercial vehicle enforcement authority to the provincial and territorial governments (collectively called “jurisdictions”).
Who must comply with the regulations?
The short answer is: Everyone. In Canada, the dangerous goods regulatory requirements apply to anyone transporting dangerous goods, even if the dangerous goods are being transported for personal use.
There are exceptions when transporting dangerous goods in small quantities and in specific situations. These are referred to as “special cases” in the Transportation of Dangerous Goods (TDG) regulations.
Is a permit required to transport dangerous goods in Canada?
A permit or registration with Transport Canada is not required to transport dangerous goods in Canada.
Canada-United States reciprocity
With the amount of materials going back and forth between the two countries, it is only logical that Canada and the United States have reciprocity, so the country of origin may use its own set of regulations to transport dangerous goods/hazardous materials. And, of course, there is reciprocity.
However, reciprocity does not always apply. Differences do exist and additional training may be needed. If a dangerous good is regulated in Canada, but not in the United States, it must be shipped according to the TDG Clear Language Regulations. Likewise, if a hazardous material is regulated in the United States, but not in Canada, it must be shipped according to 49 CFR.
If a substance is regulated in the United States by 49 CFR but is not regulated in Canada, Canada’s regulations allow a person to transport the substance between Canada and the United States by road vehicle or railway vehicle in accordance with all or part of 49 CFR.
There are two general types of containment in Canada, large means of containment and small means of containment.
A large means of containment is a containment with a capacity greater than 450 liters.
A small means of containment is a containment with a capacity less than or equal to 450 liters.
Loading and unloading dangerous goods
Handling means loading, unloading, packing, or unpacking dangerous goods, and includes storing them, in a means of containment during the transportation process.
Loading and securing means of containment is addressed in Part V of the Transportation of Dangerous Goods (TDG) Clear Language regulations.
Road/highway
Despite the requirements in Part 2 (Classification), Part 3 (Documentation), and Part 4 (Dangerous Goods Safety Marks), if transport has been or is to be by aircraft, a person may handle or transport dangerous goods by road vehicle to or from an aircraft, an aerodrome, or an air cargo facility in accordance with the classification, marking, labelling, and documentation requirements of the International Civil Aviation Organization (ICAO) Technical Instructions, if:
This allowance does not apply if Canada’s dangerous goods regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the ICAO Technical Instructions but are regulated by Canada’s dangerous goods regulations.
If dangerous goods are transported to or from an aircraft, an aerodrome, or an air cargo facility, by a road vehicle, then the road vehicle, or any means of containment visible from outside the road vehicle, must have placards displayed on it.
Transporting dangerous goods to or from a vessel, a port facility or a marine terminal
Despite the requirements in Part 2 (Classification), Part 3 (Documentation), and Part 4 (Dangerous Goods Safety Marks), if transport has been or is to be by vessel, a person may handle or transport by road vehicle an international consignment of dangerous goods to or from a vessel, a port facility or a marine terminal in accordance with the classification, marking, labelling, placarding and documentation requirements of the International Maritime Dangerous Goods (IMDG) Code if:
This allowance does not apply if Canada’s dangerous goods regulations forbid the transport of the dangerous goods or if the dangerous goods are not regulated by the IMDG Code but are regulated by these Canada’s dangerous goods regulations.
If dangerous goods are transported in a large means of containment to or from a vessel, a port facility or a marine terminal, the large means of containment must have placards displayed on it in accordance with Part 4 (Dangerous Goods Safety Marks) or the IMDG Code.
Reshipping in Canada
When a consignment of dangerous goods is transported from a place outside Canada to a place in Canada and is reshipped within Canada by road vehicle, the dangerous goods safety marks displayed in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code at the time of entry into Canada may continue to be displayed, except that the large means of containment containing the dangerous goods must have placards displayed on it in accordance with Part 4 (Dangerous Goods Safety Marks).
The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the ICAO Technical Instructions or the IMDG Code, if they differ from the ones required to be displayed by Part 4 (Dangerous Goods Safety Marks).
Maximum net explosives quantity in a road vehicle
The total net explosives quantity of all explosives that are transported together in a road vehicle must be less than or equal to the following limits:
Rail
See the Transportation of Dangerous Goods Regulations, Part 10 for provisions regarding the transportation of dangerous goods by rail.
Marine
See the Transportation of Dangerous Goods Regulations, Part 11 for provisions regarding the transportation of dangerous goods by vessel.
Air
See the Transportation of Dangerous Goods Regulations, Part 12 for provisions regarding the transportation of dangerous goods by air.
Like many regulatory requirements, there are always exceptions. The Transportation of Dangerous Goods (TDG) regulations are no different.
Exceptions exist to help provide relief from the TDG’s regulatory requirements.
150-kilogram (330-pound) gross mass exemption
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), and Part 8 (Reporting Requirements) do not apply to the handling, offering for transport, or transporting of dangerous goods on a road vehicle, a railway vehicle, or a vessel on a domestic voyage if all of the following are met:
The 150-kilogram gross mass exemption doesn’t apply to certain types of materials. These materials include dangerous goods that:
500-kg (1,102-pound) gross mass exemption
Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment) do not apply to the handling, offering for transport or transporting of dangerous goods on a road vehicle, a railway vehicle, or a vessel on a domestic voyage if:
The 500-kilogram gross mass exemption doesn’t apply to certain types of materials. These materials include dangerous goods that:
Limited quantities exemption
A quantity of dangerous goods, other than explosives, is a limited quantity if:
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 (Reporting 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 vessel 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 following:
<<More information on the markings can be found in the Limited Quantities marking within the Dangerous Goods, Markings, Placards, Labels outline >>>
The Transportation of Dangerous Goods Act requires that a person offering or transporting certain dangerous goods must have an approved Emergency Response Assistance Plan (ERAP). Part VII and Column 7 of Schedule I of the Transportation of Dangerous Goods (TDG) Regulations identify the dangerous goods and the concentration or quantity for which an ERAP is required.
ERAPs are not required for all dangerous goods; they are only required for the dangerous goods listed in Column 7 of Schedule I of the TDG Regulations. The materials listed are dangerous goods that are more harmful than others and may present significant hazards in the event of an accident. Response to this type of an accident may require special equipment or specially trained personnel. Explosives, toxic gases, flammable gases, and poisons are examples of such dangerous goods.
A person who offers for transport or imports more than one consignment of dangerous goods at the same time must have an approved ERAP if the consignments are in more than one large means of containment (MOC), and the total quantity of dangerous goods in all the required large MOC exceeds the ERAP limit.
The intent of an ERAP is to provide onsite assistance to local authorities in the event of an accident involving the dangerous goods. The assistance provided might include the provision of emergency response advice first by telephone, by a knowledgeable person attending the accident site, and the supply of specialized equipment and a response team to mitigate the effect of the dangerous goods at the accident site.
There are a number of options for filing ERAPS; securing adequate response capabilities may entail several factors such as the nature of the dangerous goods, specialized training, equipment, mode of transportation, geographic area to cover, and means of containment.
There are three basic options:
The person required to file or cause a summary to be filed is responsible for all aspects of the ERAP before the ERAP is approved. It is also the responsibility of the person requiring the ERAP to verify and ensure that a contractor is capable of providing the required response.
Transport Canada has an active program to register, inspect, and approve ERAPs.
Be sure to review Part 7 of the TDG Regulations for updates and new information.
Anyone who handles, offers for transport, or transports dangerous goods must:
An employee must not handle, offer for transport or transport dangerous goods unless the employee:
“Adequately trained” means the person has a sound knowledge of all the topics listed below that directly relate to the person’s duties and to the dangerous goods handled, offered for transport or transported.
The topics include:
For air transport, additional training must include the aspects of training set out in Chapter 4, Training, of Part 1, General, of the ICAO Technical Instructions for the persons named in that chapter and the requirements in Part XII, Air.
For marine transport, additional training must include the requirements set out in the International Maritime Dangerous Goods (IMDG) Code and the “Dangerous Goods Shipping Regulations,” as applicable, and the requirements in Part XI, Marine.
See Part 6 of the Transportation of Dangerous Goods Regulations for complete training requirements.
Driver training
Dangerous Goods training is an important part of driver training in Canada, and the Transportation of Dangerous Goods (TDG) regulations reflect that importance. Not only are Canadian drivers expected to learn everything there is to know about transporting dangerous goods in Canada, drivers coming across the border are also expected to be trained at a high level, too.
Adequate training
How much training is required? The TDG Regulations state that a person is adequately trained if the person has a sound knowledge of the following topics that relate directly to the person’s duties and to the dangerous goods the person is expected to handle, offer for road transport or transport by road:
Schedule 1 contains information that is necessary to correctly identify, label, mark, and placard dangerous goods. Schedule 1 is sorted by UN number and not alphabetically as in 49 CFR; an alphabetical list is in Schedule 3.
The schedule is broken down into 10 columns:
Special provisions in Schedule 1
Special provision means an item of Schedule 2 referred to in Column 5 of Schedule 1.
Schedule 2 gives the text of the special provisions that apply to dangerous goods; the numbers of the special provisions in Schedule 2 correspond to the numbers in Column 5 of Schedule 1. Each UN number that has the special provision against it is included in italics at the end of each special provision.
When there is a special provision in Schedule 2 for dangerous goods, that special provision applies.
If there is a conflict between a special provision in Schedule 2 and other provisions in the regulations, the special provision applies.
When the regulations do not apply to specific dangerous goods, then Schedule 2 does not apply.
The consignor is responsible for determining the classification of dangerous goods.
This activity is normally done by a person who understands the nature of the dangerous goods such as:
The dangerous goods are divided into nine classes according to the type of danger they present. Some of the nine classes are further subdivided into divisions.
If the name of a dangerous goods is shown as a shipping name in Schedule 1, that name must be used as the shipping name. The shipping name and the corresponding data in Schedule 1 must be used as the classification of the dangerous goods.
For example, the name ACETONE is shown in Column 2 of Schedule 1. ACETONE is the shipping name. The class, 3, is shown in Column 3, the UN number, UN1090, is shown in Column 1 and the packing group, II, shown in Column 4.
If a substance meets the criteria for more than one class or packing group, the substance is a dangerous goods and its classification is determined in the following manner:
Dangerous goods segregation requirements
In Canada, the Transportation of Dangerous Goods (TDG) regulations have segregation rules for Class 1, Explosives.
In Part V - Means of Containment, explosives are assigned Compatibility Groups, designated by letters following the division number. Explosives may not be transported together in the same means of transport unless the compatibility group letters for the materials match.
Even though there are no other restrictions, different types of dangerous goods should be separated so that there would not be a mixing of materials if an incident or accident occurred.
Refer to the 49 CFR 177.848 Segregation of hazardous materials for guidance. <<refer to US regs here>>
Dangerous goods packing groups
In the TDG regulations, packing group means a group number assigned to a particular dangerous good, based on the inherent danger of the material:
In Part 2 Classification of the TDG regulations, it states if a substance is included in only one class and one packing group, the substance is dangerous goods and the shipping name in Column 2 of Schedule I that most precisely describes the dangerous goods and that is most consistent with the class and the packing group determined by the criteria and tests must be selected as the shipping name. That shipping name and the corresponding data for that shipping name in Columns 1, 3, and 4 of Schedule 1 must be used as the classification of the dangerous goods.
On the other hand, if a substance meets the criteria for inclusion in more than one class or packing group, the substance is dangerous goods and its classification is determined in the following manner:
Packing groups are addressed in the requirements regarding the various hazard classes in Part 2 Classification.
Shipping documents
Dangerous goods in transport must be accompanied by physical documentation that provides basic information about them.
The documentation is prepared by the consignor before the carrier takes possession of the dangerous goods and the dangerous goods are in transport. The documentation must be kept in specific locations while the dangerous goods are in transport.
When information required by Part III - Documentation is recorded on paper, that paper becomes the shipping document. A shipping document may be in any form, including a waste manifest or a company-designed form, as long as it contains all the information required by Part III - Documentation.
When information required by Part III - Documentation is recorded electronically, the resulting document is an electronic copy of a shipping document.
A shipping document and an electronic copy of it are both shipping records.
When documentation is required to be kept, it may be in the form of a shipping record, that is, on paper or in electronic form.
The term “master” is used in Part III - Documentation and is not defined in Part I, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases but is defined in the “Canada Shipping Act.”
Refer to Part III of the TDG Regulations for all documentation requirements.
The Transportation of Dangerous Goods (TDG) regulations define accidental release as an unplanned or accidental discharge, emission, explosion, outgassing, or other escape of dangerous goods, or any component or compound evolving from dangerous goods; or emission of ionizing radiation that exceeds a level established under the “Nuclear Safety and Control Act.”
The TDG regulations mirror requirements that 49 CFR has for releases (incidents) in 171.15 and 171.16 of the Hazardous Materials Regulations (HMR).
Part 8.1 of the TDG Regulations focuses on immediate reporting requirements; 8.2 specifies what information must be included in an immediate report; and 8.3 details what must be included in the 30-day follow-up report.
Part 8.1 not only includes quantities of releases and emissions that qualify for immediate reporting, but also lists provincial authorities to be contacted when a reportable release occurs.
Permits for equivalent level of safety
A permit for equivalent level of safety is an authorization issued under section 31 of the TDG Act to conduct an activity in compliance with the conditions of that authorization instead of with the requirements of the TDG Clear Language Regulations. There is no obligation for anyone to apply for a permit for equivalent level of safety to handle, offer for transport, or transport dangerous goods. However, if a person wants to conduct an activity in a way that is not consistent with the Act or the Regulations, the person must apply for a permit for equivalent level of safety to do so under section 31 of the Act.
Under subsection 31(1) of the Act, the Minister or a designated person may issue a permit for equivalent level of safety if the Minister or designated person is satisfied that the activity authorized by the permit will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the Act and the Regulations.
The persons designated to issue a permit for equivalent level of safety are those people in the Transport Dangerous Goods Directorate, Transport Canada, who hold the following positions:
Director General
Director, Regulatory Affairs Branch
Chief, Permits and Approvals Division
Additional information and requirements are available at Part XIV Permit for Equivalent Level of Safety of the Regulations.
There is reciprocity to a certain extent for hazardous materials or dangerous goods transported by road from the United States into or through Canada.
Road/highway
Despite the requirements in Part 2 (Classification), Part 3 (Documentation) and Part 4 (Dangerous Goods Safety Marks), a person may handle or transport dangerous goods by road vehicle from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada in accordance with the classification, marking, labelling, placarding and documentation requirements of 49 CFR, if:
The allowance outlined above does not apply to dangerous goods that are forbidden for transport by Canada’s dangerous goods regulations, are not regulated by 49 CFR but are regulated by these regulations, or are given dangerous goods safety mark or packaging exceptions in 49 CFR that are not permitted by Canada’s dangerous goods regulations.
A person who handles or transports dangerous goods by road vehicle in accordance with an exemption issued under Subpart B of Part 107 of 49 CFR may do so from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada if the exemption number appears on the shipping document. If there is a conflict between the requirements of Part 2 (Classification), Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) or Part 5 (Means of Containment) and this exemption, the exemption prevails to the extent of the conflict.
Rail
See the Transportation of Dangerous Goods Regulations, Part 10 for provisions regarding the transportation of dangerous goods by rail and reciprocity with the United States.
Marine
See the Transportation of Dangerous Goods Regulations, Part 11 for provisions regarding the transportation of dangerous goods by vessel and reciprocity with the United States.
Air
See the Transportation of Dangerous Goods Regulations, Part 12 for provisions regarding the transportation of dangerous goods by air and reciprocity with the United States.