Who regulates the transportation of dangerous goods in Canada?

• Regulations on the transportation of dangerous goods are maintained by Transport Canada, Transportation of Dangerous Goods (TDG) Directorate which serves as the primary source of information for all TDG stakeholders.
• Transport Canada is Canada’s federal transportation agency responsible for regulating air, marine, rail, and road transportation.
• In Canada, the dangerous goods regulatory requirements apply to anyone transporting dangerous goods, even if the dangerous goods are being transported for personal use.

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):

• Transportation of Dangerous Goods (TDG) regulations, and
• Commercial Vehicle Driver’s Hours of Service regulations.

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.

Means of containment for dangerous goods

• Means of containment in Canada are defined as large (with a capacity greater than 450 liters) and small (with a capacity less than or equal to 450 liters).
• Regulations for the means of containment for dangerous goods vary based on the method of transport including road, rail, marine or air.
• There are set limits to the total net explosives quantity of all explosives that may be transported together in a road vehicle.

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:

• The information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, if applicable, the information relating to the approved Emergency Response Assistance Plan (ERAP); and
• The person complies with the following provisions in Part 3 (Documentation):
  • Section 3.2, Carrier responsibilities,
  • Paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
  • Section 3.7, Location of a shipping document: road, and
  • Section 3.10, Location of a shipping document: storage in the course of transportation.

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:

• The information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes, if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1); and
• The person complies with the following provisions in Part 3 (Documentation):
  • Section 3.2, Carrier responsibilities,
  • Paragraph 3.5(1)(f) and subsection 3.5(2), concerning a 24-hour number on a shipping document,
  • Section 3.7, Location of a shipping document: road, and
  • Section 3.10, Location of a shipping document: storage in the course of transportation.

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:

• 25 kilograms if any of the explosives are UN0190, SAMPLES, EXPLOSIVE;
• 2,000 kilograms if any of the explosives are included in Class 1.1A; and
• 20,000 kilograms.

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.

Are there any exceptions to the dangerous goods regulations?

• There are several exceptions to the Transportation of Dangerous Goods (TDG) regulations.
• Exemptions to the TDG regulations include a 150-kilogram gross mass exemption, the 500-kilogram gross mass exemption, and a limited quantities exemption.
• Some gross mass exemptions don’t apply to certain types of materials.

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:

• In the case of:
  • Dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment), except that, in the case of dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, the requirement in section 8.1.7 of CGSB-43.123 that aerosol containers and gas cartridges be tightly packed in a strong outer packaging does not apply; or
  • Dangerous goods not included in Class 2, Gases, they are in one or more small means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety;
• Except for dangerous goods included in Class 2, Gases, the dangerous goods are contained in one or more means of containment each of which has a gross mass less than or equal to 30 kg (66 pounds);
• The gross mass of all dangerous goods:
  • Transported on the road vehicle or the railway vehicle is less than or equal to 150 kilograms (330 pounds); and
  • Transported on the vessel on a domestic voyage is less than or equal to 150 kilograms (330 pounds), excluding dangerous goods in a road vehicle or railway vehicle being transported on the vessel; and
• The dangerous goods are in a quantity or concentration available to the general public and are transported:
  • By a user or purchaser of the dangerous goods; or
  • By a retailer to or from a user or purchaser of the dangerous goods.

The 150-kilogram gross mass exemption doesn’t apply to certain types of materials. These materials include dangerous goods that:

• Are in a quantity or concentration that requires an Emergency Response Assistance Plan (ERAP);
• Require a control or emergency temperature;
• Are included in Class 1, Explosives, except for UN numbers UN0012, UN0014, UN0044, UN0055, UN0105, UN0131, UN0161, UN0173, UN0186, UN0191, UN0197, UN0276, UN0312, UN0323, UN0335 if classified as a consumer firework, UN0336, UN0337, UN0351, UN0373, UN0378, UN0404, UN0405, UN0431, UN0432, UN0454, UN0499, UN0501, UN0503, UN0505 to UN0507, UN0509 and UN0510;
• Are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;
• Are included in Class 2.3, Toxic Gases;
• Are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;
• Are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6(a) of Schedule 1;
• Are liquids included in Class 6.1, Toxic Substances, and Packing Group I;
• Are included in Class 6.2, Infectious Substances; or
• Are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.

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:

• In the case of:
  • Dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5 (Means of Containment); or
  • Dangerous goods not included in Class 2, Gases, they are in one or more means of containment:
    • Each of which has a gross mass less than or equal to 30 kg and that is designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; or
    • That are drums in compliance with the requirements of section 5.12 of Part 5 (Means of Containment), for transporting dangerous goods in drums;
• The gross mass of all dangerous goods:
  • Transported on the road vehicle or the railway vehicle is less than or equal to 500 kg; and
  • Transported on the vessel on a domestic voyage is less than or equal to 500 kg, excluding the dangerous goods in a road vehicle or railway vehicle being transported on the vessel;
• Each means of containment has displayed on one side, other than a side on which it is intended to rest or to be stacked during transport:
  • The dangerous goods safety marks required by Part 4 (Dangerous Goods Safety Marks), or
  • For dangerous goods, other than dangerous goods included in Class 2, Gases, the shipping name of the dangerous goods and the marks required for them in one of the following Acts and regulations, as long as those marks are legible and visible during handling and transporting in the same manner as dangerous goods safety marks:
    • (A) the Pest Control Products Act and its regulations; or
    • (B) the Hazardous Products Act and its regulations;
• The dangerous goods are accompanied by a shipping document or document that is located, for a road or railway vehicle or a vessel, in accordance with the requirements for location of a shipping document in sections 3.7 to 3.9 of Part 3 (Documentation); and
• Any document referred to in paragraph (d), other than a shipping document, includes the following information in the following order:
  • The primary class of the dangerous goods, following the word “Class” or “Classe”, and
  • The total number of means of containment, on which a dangerous goods safety mark is required to be displayed, for each primary class, following the words “number of means of containment” or “nombre de contenants.”

The 500-kilogram gross mass exemption doesn’t apply to certain types of materials. These materials include dangerous goods that:

• Are in a quantity or concentration that requires an Emergency Response Assistance Plan (ERAP);
• Require a control or emergency temperature;
• Are included in Class 1, Explosives, except for:
  • Explosives included in Class 1.4S; or
  • UN numbers UN0191, UN0197, UN0276, UN0312, UN0336, UN0403, UN0431, UN0453 and UN0493;
• Are included in Class 2.1, Flammable Gases, and are in a cylinder with a capacity greater than 46 L;
• Are included in Class 2.3, Toxic Gases;
• Are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;
• Are included in Class 5.2, Organic Peroxides, unless they are allowed to be transported as limited quantities in accordance with section 1.17 and column 6(a) of Schedule 1;
• Are liquids included in Class 6.1, Toxic Substances, and Packing Group I;
• Are included in Class 6.2, Infectious Substances; or
• Are included in Class 7, Radioactive Materials, and are required to be licensed by the Canadian Nuclear Safety Commission.

Limited quantities exemption

A quantity of dangerous goods, other than explosives, is a limited quantity if:

• The dangerous goods are in one or more means of containment designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of the dangerous goods that could endanger public safety; and
• Each outer means of containment has a gross mass that is less than or equal to 30 kg and the dangerous goods in the inner means of containment:
  • If solids, have a mass that is less than or equal to the number shown in column 6(a) of Schedule 1, when that number is expressed in kilograms;
  • If liquids, have a volume that is less than or equal to the number shown in column 6(a) of Schedule 1, when that number is expressed in litres; or
  • If gases, including a gas in a liquefied form, are contained in one or more means of containment each of which has a capacity less than or equal to the number shown in column 6(a) of Schedule 1, when that number is expressed in litres.

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 >>>

Emergency Response Assistance Plan (ERAP)

• 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).
• 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 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:

1. Registering a personal ERAP summary with complete response capability that includes an alerting mechanism, personnel, means of transport and equipment.
2. Registering a personal ERAP summary that may include some personal resources and some contracted resources.
3. A response contractor or trade association may be contacted to file an ERAP summary.

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.

Dangerous goods training requirements

• Anyone who handles or transports dangerous goods must be adequately trained and hold a training certificate or perform the activities under the supervision of a person who holds a training certificate.
• To be adequately trained means the person has a sound knowledge of a number of topics that directly relate to the person’s duties and to the dangerous goods handled, offered for transport or transported.
• Additional training is required for marine transport or air transport of dangerous goods.

Anyone who handles, offers for transport, or transports dangerous goods must:

• Be adequately trained and hold a training certificate, or
• Perform the activities in the presence and under the direct supervision of a person who is adequately trained and who holds a training certificate.

An employee must not handle, offer for transport or transport dangerous goods unless the employee:

• Is adequately trained and holds a training certificate, or
• Performs the activities in the presence and under the direct supervision of a person who is adequately trained and who holds a training certificate.

“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:

• The classification criteria and test methods in Part II, Classification;
• Shipping names;
• The use of Schedules I, II, and III;
• The shipping document and train consist requirements in Part III, Documentation;
• The dangerous goods safety marks requirements in Part IV, Dangerous Goods Safety Marks;
• The certification safety marks requirements, safety requirements and safety standards in Part V, Means of Containment;
• The emergency response assistance plan requirements in Part VII, Emergency Response Assistance Plan;
• The report requirements in Part VIII, Accidental Release and Imminent Accidental Release Report Requirements;
• Safe handling and transportation practices for dangerous goods, including the characteristics of the dangerous goods;
• The proper use of any equipment used to handle or transport the dangerous goods; and
• The reasonable emergency measures the person must take to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from an accidental release of the dangerous goods.

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:

• The classification criteria and test methods in Part II, Classification;
• Shipping names;
• Use of Schedules I, II, and III;
• The shipping document and train consist requirements in Part III, Documentation;
• The dangerous goods safety marks requirements in Part IV, Dangerous Goods Safety Marks;
• Certification safety marks requirements, safety requirements, and safety standards in Part V, Means of Containment;
• The emergency response assistance plan requirements in Part VII, Emergency Response Assistance Plan;
• The report requirements in Part VIII, Accidental Release and Imminent Accidental Release Report Requirements;
• Safe handling and transportation practices for dangerous goods, including the characteristics of the dangerous goods;
• Proper use of any equipment used to handle or transport the dangerous goods;
• Reasonable emergency measures the person must take to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from an accidental release of the dangerous goods;
• Additional training may be required for transport by air or water, as outlined in the TDG Regulations.

Schedule 1 table

• The Schedule 1 table contains information that is necessary to correctly identify, label, mark and placard dangerous goods.
• The schedule is broken down into 10 columns that identify specific regulations.
• There are special provisions to various schedules and if there is a conflict between a special provision and other provisions in the regulations, the special provision applies.

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:

• Column 1 - UN Number - Provides the UN numbers for the shipping names of dangerous goods.
• Column 2 - Shipping Name and Description - Shipping names are written in upper case letters and descriptive text is written in lower case. The word “or” between shipping names indicates that there is more than one shipping name for the dangerous goods; each shipping name shown may be used.
• Column 3 - Class - The primary class is provided with any subsidiary class, or classes, shown in parentheses. The word “Forbidden” indicates the dangerous goods must not be transported.
• Column 4 - Packing Group/Risk Group - This column gives the packing groups or risk groups for dangerous goods. Class 6.2, Infectious Substances, has risk groups, not packing groups. There are only two entries for infectious substances, UN2814, INFECTIOUS SUBSTANCES, AFFECTING HUMANS, and UN2900, INFECTIOUS SUBSTANCES, AFFECTING ANIMALS.
• Column 5 - Special Provisions - Special Provisions provided can be found in Schedule II.
• Column 6 - Explosive Limit and Limited Quantity Index - Indicates the quantity of dangerous goods at or below the level that may be handled, offered for transport or transported in accordance with section 1.17 or section 1.31 of Part I - Coming into Force, Repeal, Interpretation, General Provisions, and Special Cases.
• Column 7 - ERAP Index - Dangerous goods in greater quantity than the ERAP (emergency response assistance plan) quantity limit listed must have a plan, according to section 7.1 of Part 7, Emergency Response Assistance Plan. If no index number is shown, no ERAP is needed, according to subsection 7.1(4) of Part VII.
• Column 8 - Passenger Carrying Ship Index - Provides the quantity limits for a consignment of dangerous goods transported onboard a passenger carrying ship. “Forbidden” means the dangerous goods must not be transported in any quantity onboard a passenger carrying ship. If no index number is shown, there is no quantity limit.
• Column 9 - Passenger Carrying Road Vehicle or Passenger Carrying Railway Vehicle Index - Provides quantity limits for a consignment of dangerous goods transported on a passenger carrying road vehicle or a passenger carrying railway vehicle. See section 1.6 of Part I. “Forbidden” indicates the dangerous goods must not be transported in any quantity on a passenger carrying road vehicle or a passenger carrying railway vehicle. If no index number is shown, there is no quantity limit.
• Column 10 - Marine Pollutant - “P” indicates a marine pollutant; “PP” indicates a severe marine pollutant. The symbol “.” indicates a potential marine pollutant.

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.

Dangerous goods classifications

• A consignor is responsible for determining the classification of dangerous goods because they understand the nature of the dangerous goods.
• Dangerous goods are divided into nine classes according to the type of danger they present.
• In the Transportation of Dangerous Goods (TDG) regulations, packing group means a group number assigned to a particular dangerous good, based on the inherent danger of the material.

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:

• A manufacturer;
• A person who formulates, blends, or otherwise prepares mixtures or solutions of goods; or
• In the case of infectious substances, a doctor, scientist, veterinarian, epidemiologist, genetic engineer, microbiologist, pathologist, nurse, coroner, or laboratory technologist or technician.

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:

• The classes of the dangerous goods are ranked in order of precedence to determine the primary class and any potential subsidiary class or classes;
• The packing group (if applicable) is the one with the lowest roman numeral;
• The shipping name in Schedule 1 that most accurately describes the dangerous goods and corresponds with other data for that material in the schedule that are most consistent with the primary class, the potential subsidiary class or classes, and the potential packing group selected; and
• The shipping name and the corresponding data are used as the classification of the dangerous goods.

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:

• Packing Group I indicates great danger;
• Packing Group II indicates medium danger; and
• Packing Group III indicates minor danger.

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:

• The classes in which the dangerous goods are included are ranked in order of precedence in accordance with Section 2.8 to determine the primary class and the potential subsidiary class or classes;
• The potential packing group is the one with the lowest roman numeral;
• The shipping name in Column 2 of Schedule 1 that most precisely describes the dangerous goods and for which the corresponding data in Columns 1, 3, and 4 are the most consistent with the primary class, the potential subsidiary class or classes and the potential packing group are selected; and
• The shipping name and the corresponding data in Columns 1, 3, and 4 of Schedule 1 are used as the classification of the dangerous goods.

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.

Accidental release reporting 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.”
• 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.
• 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 position of Director General; Director, Regulatory Affairs Branch; or Chief, Permits and Approvals Division.

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.

Transporting goods from the United States into or through Canada

• There is reciprocity to a certain extent for hazardous materials or dangerous goods transported by road from the United States into or through Canada.
• A person may handle or transport dangerous goods by road vehicle from the United States to Canada or from the United States through Canada to a place outside Canada provided that certain regulations are met.
• The Transportation of Dangerous Goods (TDG) regulations have varying provisions regarding the transportation of dangerous goods by rail, by vessel or by air and reciprocity with the United States.

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 information required on the shipping document is easy to identify, legible, in indelible print, in English or French and includes:
  • when dangerous goods are transported to a place in Canada, the name and address of the place of business in Canada of the consignor,
  • when dangerous goods are transported from a place in the United States through Canada to a place outside Canada, the name and the address of the place of business of each consignor, except that in this case the name and address may be shown on a separate document attached to the shipping document and is required only while that person is the consignor,
  • (iii) the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name “Consumer commodity”, and
  • (iv) if applicable, the information relating to the approved ERAP referred to in subsection 3.6(1);
• The person complies with the following sections in Part 3 (Documentation):
  • Section 3.2, Carrier responsibilities,
  • Section 3.7, Location of a shipping document: road, and
  • Section 3.10, Location of a shipping document: storage in the course of transportation; and
• The labels and placards displayed for dangerous goods included in Class 2.3 or Class 6.1 are the labels and placards required in Canada’s regulations for these dangerous goods.

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.