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Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 9)

For public consultation

1. Items 10, 12, 22 and 34 of the Table to section 1.3.1 of the Transportation of Dangerous Goods Regulations are replaced by the following:

Item Column 1
Short Form
Column 2
Safety Standard or Safety Requirement
10
(9)
CGSB-43.126 Canadian General Standards Board CGSB-43.126-2008, "Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods", September 2008, published by the Canadian General Standards Board (CGSB)
12
(11)
CGSB-43.147 National Standard of Canada CAN/CGSB-43.147-2005, "Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transporting of Dangerous Goods by Rail", May 2005, as amended in July 2008, published by the Canadian General Standards Board (CGSB)
22
(23)
ICAO Technical Instructions "Technical Instructions for the Safe Transport of Dangerous Goods by Air", 2009-2010 Edition, but does not include Chapter 5 of Part 1, published by the International Civil Aviation Organization (ICAO)
34
(35)
Supplement to the ICAO Technical Instructions Supplement to the "Technical Instructions for the Safe Transport of Dangerous Goods by Air", 2009-2010 Edition, published by the International Civil Aviation Organization (ICAO)

2. The definitions of "ICAO Technical Instructions" and "Supplement to the ICAO Technical Instructions in section 1.4, Definitions, of the Regulations are replaced by the following:

ICAO Technical Instructions means the "Technical Instructions for the Safe Transport of Dangerous Goods by Air", 2009-2010 Edition, but does not include Chapter 5 of Part 1, published by the International Civil Aviation Organization (ICAO). (Instructions techniques de l'OACI)
Supplement to the ICAO Technical Instructions means the Supplement to the "Technical Instructions for the Safe Transport of Dangerous Goods by Air", 2009-2010 Edition, published by the International Civil Aviation Organization (ICAO). (Supplément aux Instructions techniques de l'OACI)

3(1) Part 5, Means of Containment, of the Regulations is amended by adding, after section 5.8, the following section:

5.9 Changes to CGSB-43.147

For the purposes of this part

(a) section 4.11.3 c. of CGSB-43.147 does not apply; and

(b) the following section is added to section 4.6 of CGSB-43.147:

4.6.4 Tank Car Defects That Could Endanger Public Safety

a. A tank car must not be used for the transportation of dangerous goods if:

i. the tank shell has any deformation that results in a change of cross sectional circumference prescribed in the design of that tank car by greater than 19 mm (0.75 inch) or 0.75 per cent of the inside diameter, whichever is the lowest, or

ii. a tank end has any deformation that results in a change in the profile of its elliptical surface, prescribed in the design of that end, of 25 mm (1 inch) or more;

b. The prescribed design, including the value of the inside diameter, is the one indicated in the tank car's original Certificate of Construction or subsequent modification approved by the Committee; and

c. When a deformed area includes a tank weld, the acceptable amount of deformation indicated in paragraph a must be divided by two.

(2) Subsection 5.12(1) of the Regulations is replaced y the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a UN standardized means of containment selected and used in accordance with sections 2, 3, 12 and 13 of CGSB-43.146 or sections 2 and 3 of Part I and sections 12 to 17 of Part II of CGSB-43.150.

(3) Subsection 5.12(2) of the Regulations is replaced by the following:

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

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

(b) for a plastic drum, the requirements for reconditioning, remanufacturing and repair of plastic drums in Part III of CGSB-43.126 are complied with and the drum reconditioning, remanufacturing and repair facility is registered with Transport Canada in accordance with the requirements of Appendix A of CGSB-43.126.