TDG – Unit 6

Forbidden Goods, Exemptions and Special Provisions

In this section of the course we will be reviewing information on forbidden goods, exemptions, and special provisions found in various parts of the Act and Regulations. We will also review the sections in the Act and regulations which deal with situations where the regulations may be changed at the request of a consignor, Part 14 (Permit for Equivalent Level of Safety), or at the request of the government, Part 13 (Protective Direction).

Forbidden dangerous goods

A person must not handle, offer for transport or transport dangerous goods by any means when they are "forbidden" for transport under Schedule 1. Forbidden dangerous goods can be found in alphabetical order in Schedule 3 (Column 4), and in Schedule 1 under column 3.

Forbidden Dangerous Goods

Normally, dangerous goods forbidden for transport do not have a UN number and are included only in Schedule 3. However, there are dangerous goods forbidden for transport that are also included in Schedule 1.

Some dangerous goods that are not completely forbidden for transport are forbidden for transport by the means of transport indicated in the heading of column 8 (Passenger Carrying Ship Index) or column 9 (Passenger Carrying Road Index). These columns may also express a quantity limit.

In addition to the other requirements of these Regulations, when there is a special provision in Schedule 2 (Special Provisions) for dangerous goods, that special provision applies. If there is a conflict between a special provision in Schedule 2 and other provisions in these Regulations, the special provision applies. When the Regulations do not apply to specific dangerous goods, Schedule 2 does not apply either.

Exemptions and Special Provisions

The TDG Act and Regulations contain many changes with respect to exemptions and special provisions. We will be examining many of these exemptions throughout this section. It is important to note that the circumstances involved in the application of these exemptions are often dependant on the specific mode of transport.

Paragraph 27(1)(e) of the TDG Act provides for the provision of exemptions.

Exemptions can include an exemption from the application of the Act and Regulations, or any of the provisions, for the handling, offering for transport, transporting or importing of dangerous goods in any quantities or concentrations, in any circumstances, at any premises, facilities or other places for any purposes or in any means of containment.

Exemptions and Special Provisions

If there is no exemption in Schedule 2 (Special Provisions) or Part 1 (Special Cases) then a dangerous good is considered fully regulated.

Parts 9 (Road), 10 (Rail), 11(Marine) and 12 (Rail) of the Regulations deal specifically with the mode of transport. These parts may provide additional requirements or exemptions.

Special Provisions

Special Provisions may provide an exemption from certain parts or sections of the regulations. Special Provisions are found in Schedule 2 of the Regulations.

Special provisions always apply, in addition to other requirements, unless the regulations have exempted the dangerous goods. Where there is a conflict between a requirement in the regulations and a special provision, the special provision applies. If dangerous goods are exempted from the regulations, special provisions do not apply.

Special Cases (Exemptions)

Sections 1.15 to 1.46 of Part 1 of the regulations, Special Cases, provide exemptions to the general public, industry, emergency responders and government employees. Some of the exemptions listed are partial and may be exempt from certain sections or parts of the Regulations with conditions.

The use of these exemptions is optional. A person may choose to comply with all requirements of the Regulations instead of taking advantage of an exemption. Most of the time exemptions have conditions attached to them. All conditions must be followed, otherwise, full compliance with the Regulations is required.

The following sections of the Regulations, and some of the special provisions included in Schedule 2 (Special Provisions), provide an exemption for dangerous goods that are "in transport". Exemptions extend to handling, offering for transport and to the means of containment used.

Exemption for Personal Use

The Regulations do not apply to dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage, if the dangerous goods:

o are transported between a retail outlet and the residence of the purchaser,a retail outlet and the purchaser's place of use, the residence of the purchaser and a place of use, or two residences;

o are contained in one or more means of containment each of which has a gross mass less o are not for resale, or for commercial or industrial use; ando are in a quantity and concentration available to the general public at retail outlets.

Examples: gasoline jerrican, BBQ propane cylinders, pool chemicals, etc.Examples of a retail outlet: hardware store, automotive industry store, pool supply store or farm co-op.

Exemption for Personal Use

This exemption does not apply to explosives except for explosives identified in Schedule 1. This may apply to things like ammunition and fireworks. In addition, this does not apply to dangerous goods in a quantity greater than 150 kg gross mass that are in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage, or to radioactive materials that are required to be licensed by the Canadian Nuclear Safety Commission.

The 500 kg Exemption

The Regulations do not apply to dangerous goods in a quantity less than or equal to 500 kg gross mass in transport on land on a road vehicle or railway vehicle if:

1. the dangerous goods are contained in one or more means of containment, (a gross mass less than or equal to 30 kg);

2. the dangerous goods are accompanied by a shipping document that includes the following information:

the primary class of the dangerous goods in each means of containment following the word "Class";

the subsidiary class or classes, in parentheses, and; the number of means of containment related to each primary class, following the

words "number of means of containment".

3. The person transporting the dangerous goods has received training.

The 500 kg Exemption

In absence of the above, for this exemption to apply, each means of containment must have the dangerous goods safety marks, or the shipping name of the dangerous goods, and the marks required by one of the following Acts and regulations:

o the "Explosives Act" and its regulations,o the "Pest Control Products Act" and its regulations,o the "Hazardous Products Act" and its regulations, oro the "Packaging and Transporting of Nuclear Substances Regulations".

The 500 kg Exemption

There are a number of restrictions involved with the 500kg exemption. The 500kg exemption does not apply to dangerous goods that:

o are forbidden for transport in the Schedules;

o require a control or emergency temperature;

o are primary or subsidiary Class 1 Explosives, (except for Class 1.4S);o are Class 2.1 Gases in a cylinder that has a capacity greater than 46 L;o are included in Class 2.3 Gases;o are included in Class 4 and Packing Group I;o are included in Class 5.2 Organic Peroxides, unless they are limited quantities in

accordance with section 1.17 of the regulations;o are liquids included in Class 6.1 and Packing Group I;o are included in Class 6.2; oro are included in Class 7 and are required to be licensed by the Canadian

Nuclear Safety Commission.

Limited Quantities

Part 1 of the regulations provides an exemption for dangerous goods transported in a limited quantity, or in more than one limited quantity. In small quantities, these dangerous goods present a limited hazard when transported. This exemption is used mainly for the transport of dangerous goods from distributors and manufacturers to retail sale outlets.

There are conditions that apply to these goods. For example, the means of containment must be clearly and properly marked. Also, when an accumulation of dangerous goods exceeds 500 kg gross mass and is offered for transport by one consignor to one destination, the dangerous goods must be accompanied by a document.

Limited Quantities

Dangerous goods, other than explosives, are considered in "limited quantity" if:

the consignment has a gross mass less than or equal to 30 kg and under normal conditions of transport (including handling), there will be no accidental release that could endanger public safety; and the dangerous goods are:

solid, have a mass in kg less than or equal to the number shown for them in column 6 of Schedule 1,

liquid, have a volume in litres less than or equal to the number shown for them in column 6 of Schedule 1, or

gas, including a gas in a liquefied form, are contained in a means of containment that has a water capacity in litres less than or equal to the number shown for them in column 6 of Schedule 1.

Limited Quantities

The means of containment of a limited quantity of dangerous goods in transport must be marked on one side, (other than the side to rest or be stacked), with the words "Limited Quantity" or "quantité limitée" or the abbreviation "Ltd. Qty." or "quant. ltée".

Limited Quantities – Accumulations

An accumulation of limited quantities is exempt if the limited quantities are in one or more means of containment, each of which is marked on one side as a limited quantity.

When a limited quantity is in a means of containment that is inside another means of containment which has a gross mass that is less than or equal to 30 kg, and the outer means of containment is marked "limited quantity", the inside means of containment is considered to be marked with the words "limited quantity".

When the gross mass of an accumulation of limited quantities offered for transport by one consignor to one destination is greater than 500 kg, the consignor must give the carrier a shipping document that includes the words "Limited Quantity" and a list of the classes of dangerous goods in the accumulation.

Exemption : Transportation within a Facility

The Regulations do not apply to dangerous goods that are transported solely within a manufacturing or processing facility to which public access is controlled.

Transportation Between Two Properties

The Regulations do not apply to dangerous goods, other than Explosives, and Radioactive Materials, that are in transport on a road vehicle between two properties owned or leased by a manufacturer or user of a dangerous good. The dangerous goods can only be transported less than or equal to 3 km on a public road and the vehicle must display the placard for the primary class of the dangerous goods, or the DANGER placard. In this circumstance the appropriate provincial authority must be advised of the nature of the dangerous goods in advance of the transport.

Exemption: Medical Device or Article

Part 1 of the regulations provide an exemption for the following medical devices:

o a medical devices attached to or implanted in an individual or an animal;o a wheelchair or medical articles;o a medical cylinders for personal use; oro a radio-pharmaceutical that has been injected in or ingested by an individual or an animal.

Exemption: Samples

The Regulations do not apply to samples of goods which are believed to be dangerous goods and are transported under the direct supervision of a federal, provincial or municipal government employee acting in the course of employment as long as the goods are contained in an appropriate means of containment.

Samples in a quantity less than or equal to 10kg., which are in transport for the purposes of classifying, analyzing, testing or demonstrating are exempt. These goods must not contain explosives, infectious substances or radioactive materials for this exemption.

Samples must be accompanied by a shipping document that includes the name and address of the consignor and the words "test samples" and the means of containment must be marked with the words "test samples".

Exemption: National Defense

The transportation of dangerous goods is under the sole direction or control of the Minister of National Defense if it is done by, or in the presence of, and under the direction or control, of any of the following:

a member of the Canadian Forces;

a member of NATO country; or a member of a military force of a country designated by the Minister.

Exemption: Agriculture

These sections of the Regulations permit the transport of large quantities (up to 3000kg gross mass) of dangerous goods for agricultural purposes with limited requirements. Some classes of dangerous goods are excluded from these exemptions.

Exemption: Emergency Response

The Regulations do not apply to dangerous goods that are in quantities necessary to respond to an emergency and that are dedicated to emergency response. This does not apply if the dangerous goods are forbidden for transport in Schedule 1 or Schedule 3.

Exemption: Operation of a Means of Transport

The Regulations do not apply to dangerous goods that are necessary for the safety of individuals on a means of transport, or for the operation or safety of a means of containment or transport, unless the goods are forbidden for transport in Schedule 1 or Schedule 3.

This section of the Regulations is intended to apply to goods like gasoline in the fuel tank of

a means of transport, batteries or refrigeration units installed in vehicles and equipment such as fire extinguishers that are required in accordance with operating regulations for a means of transport.

Dangerous Goods in an Instrument or in Equipment

The Regulations do not apply to dangerous goods that are in transport on a road vehicle, rail vehicle, or a ship (domestic voyage), if the dangerous goods are contained in an instrument or a piece of equipment that is not a dangerous good itself. The function of the equipment must be other than solely to contain dangerous goods.

Exemption: Marine

The requirements of the Regulations that relate solely to the handling, offering for transport or transporting of dangerous goods by ship do not apply to dangerous goods in transport on a road vehicle or railway vehicle that is being transported on board a short-run ferry.

Exemption: Class 1, Explosives

The Regulations do not apply to Explosives transported on land if the net explosives quantity of all the explosives is less than or equal to the lowest number shown in column 6 of Schedule 1. The explosives must be in an appropriate means of containment and display the class, compatibility group and UN number of the explosives contained inside it.

Exemption: Class 2, Gases

The Regulations do not apply to dangerous goods that are liquefied compressed gases (Class 2.2, Non-flammable, Non-toxic Gases), in use as a refrigerant in a refrigerator or freezer if the quantity of dangerous goods is less than 12 kg.

Flammable Liquids: General Exemption

The Regulations do not apply to dangerous goods classified as Flammable Liquids, in transport on a road vehicle, a rail vehicle, or ship on a domestic voyage, if the dangerous goods:

(a) have no subsidiary class;

(b) are included in Packing Group III and have a flash point greater than 37.8 ° C;

(c) are contained in a small means of containment that under normal conditions of transport, including handling, will present no hazard of accidental release.

Class 3, Flammable Liquids:

Substances that have a flash point greater than 60.5 ° C but less than or equal to 93 ° C, may be transported on a road vehicle, a rail vehicle, or a

ship on a domestic voyage, as Class 3, Flammable Liquids, and Packing Group III. In this case, the requirements of these Regulations that relate to flammable liquids that have a flash point less than or equal to 60.5 ° C must be complied with.

GASOLINE Exemption

Part 3, Documentation, the UN number requirements in Part 4, Dangerous Goods Safety Marks, and Part 6, Training, do not apply to UN1202, DIESEL FUEL, or UN1203, GASOLINE, if:

the dangerous goods are in one or more means of containment, each of which has displayed the label required for the dangerous goods;

each means of containment is secured to the vehicle so that the label is visible from outside the road vehicle during transport; and

the total capacity of all means of containment is less than or equal to 2 000 L.

Alcoholic Beverage Exemption (Flammable Liquid)

The Regulations do not apply to an alcoholic beverage in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the alcoholic beverage contains 24 per cent or less by volume of alcohol, and:

is in a means of containment with a capacity less than or equal to 5 L. is included in Packing Group III and is in a means of containment with a capacity less

than or equal to 250 L.

Alcohol Exemption (Flammable Liquid)

The Regulations do not apply to an aqueous solution of alcohol in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage, if the solution contains 50 per cent or less of alcohol by volume, and 50 per cent or more of water by volume.

Flammable Liquids: Polyester Resin Kit Exemption

The Regulations do not apply to a polyester resin kit that consists of a substance included in Class 3, Packing Group II or III, and a substance included in Class 5.2, Type C, D, E or F, and that does not require temperature control if:

the kit is in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage;

the gross mass of the kit is less than or equal to 30 kg; the quantity of Class 3 substance in the kit is less than or equal to:

o 1 L for Packing Group II substances, ando 5 L for Packing Group III substances; ando the quantity of Class 5.2 substance in the kit is less than or equal to 125 ml for liquids, and

500 g for solids.

Infectious Substances: Risk Group 2 Exemption

The Regulations do not apply to infectious substances included in Risk Group 2, other than those set out in subsection (2), if they are contained in a means of containment required or permitted by Part 5, Means of Containment.

Infectious Substances: Risk Group 3 Exemption

The Regulations do not apply to infectious substances included in Risk Group 3 if they are contained in a means of containment required or permitted by Part 5 of the Regulations.

Biological Products

The Regulations do not apply to finished biological products, live vaccines, unfinished biological products or attenuated live vaccines if they are prepared in accordance with the requirements set out under the "Food and Drugs Act"; and contained in a Type 1B means of containment that is in compliance with CGSB-43.125, or a means of containment is 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.

Substances Believed Not to Contain Infectious Substances

The Regulations do not apply to substances in cultures, diagnostic specimens or other similar substances that are "reasonably believed" to not contain infectious substances if the substances are in a means of containment specified in the Regulations, or, are in a means of containment that under normal conditions of transport, including handling, will release no substance.

Radioactive Materials

The Regulations do not apply to Class 7, Radioactive Materials if the radioactive materials satisfy the conditions for an excepted package in the "Packaging and Transport of Nuclear Substances Regulations" and they are accompanied by a shipping document that includes the shipping name and UN number of the radioactive materials.

Residue of Dangerous Goods in a Drum

The regulations concerning Classification, Documentation, and Safety Marks, do not apply to a residue of dangerous goods contained in a drum that is in transport on a road vehicle if:

the drum has been emptied to the maximum extent possible in the course of normal use and is less than 10 per cent full;

the drum is being transported for the purpose of reconditioning or refilling when more than 10 drums are on the road vehicle, the road vehicle has displayed on it the

DANGER placard; the driver of the road vehicle has a shipping document that includes the following information in the

following order:

o the primary class of the dangerous goods in each means of containment following the word "Class" or "Classe",

o the subsidiary class or classes, if any, in parentheses, ando the number of drums related to each primary class, following the words "number of drums"

or "nombre de fûts", ando if the primary class and subsidiary class or classes, if any, are not known, the words

"Residue Drum — Content Unknown" or "fût de résidu — contenu inconnu", followed by the number of drums.

Fumigation of Means of Containment

These Regulations, with exceptions, (subsection 3.5(3) of Part 3, Documentation, and section 4.21 of Part 4, Dangerous Goods Safety Marks), do not apply to a means of containment, or the contents of a means of containment, that is being fumigated with dangerous goods and that is in transport if the fumigant is the only dangerous goods in transport in the means of containment.

Miscellaneous Special Cases

The Regulations list a variety of "Miscellaneous Special Cases" which provide specific circumstances where the regulations do not apply to certain dangerous goods.

For Example: ammoniating fertilizer solutions; charcoal or carbons; ferricyanides and ferrocyanides; mercurous chloride; or wood or wood products treated with wood preservatives.

Permits for Equivalent Level of Safety

If a consignor wants to transport a dangerous good outside of the rules contained in the regulations they may apply for a permit to do so. A permit may allow relief from certain requirements of the Act and Regulations. In this circumstance, the conditions of the permit must be strictly adhered to. Two types of permit exist :

Permit for Equivalent Level of Safety - when conducting an activity in a manner that is as safe or safer than complying with the Act and Regulations.

Emergency Permit - when dealing with an emergency in which there is a danger to public safety.

Permits of Equivalent Level of Safety

If a person wishes to carry on an activity related to the transportation of dangerous goods in a way that is not in compliance with the Regulations, they may apply for a permit following the information requirements in Part 14 of the TDG Regulations. They must show that the way in which the activity will be carried on will provide a level of safety equivalent that complies with the Regulations.

"Transitional Provision": Permit for Equivalent Level of Safety

The Clear Language Regulations contain a transitional provision for this permit. A permit for equivalent level of safety that was issued under section 31 of the old Act is valid for two years after the date of the publishing of the current Regulations in Part II of the Canada Gazette, or, until the expiry date on the permit.

Protective Direction

A protective direction is an order issued under section 32 of the TDG Act to reduce any danger to public safety. A protective direction is an order to:

cease an activity relating to the transportation of dangerous goods

to conduct activities in another manner

An example of the need for a protective direction would be a situation involving a suspected problem with a standardized means of containment.

Effective Date and Expiry of a Protective Direction

A protective direction takes effect on the date on which it is signed by the Minister, or a designated person, or at a later date indicated in the protective direction. A protective direction expires on the expiry date specified in it. If no expiry date is specified in the protective direction, it expires 12 months after the date on which it is signed.

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