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
o
o
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;
are contained in one or more means of containment each of which has a gross mass less
are not for resale, or for commercial or industrial use; and
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:



3.
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".
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
o
o
o
the "Explosives Act" and its regulations,
the "Pest Control Products Act" and its regulations,
the "Hazardous Products Act" and its regulations, or
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
o
o
o
o
o
o
o
o
o
are forbidden for transport in the
Schedules;
require a control or emergency
temperature;
are primary or subsidiary Class 1
Explosives, (except for Class 1.4S);
are Class 2.1 Gases in a cylinder that has
a capacity greater than 46 L;
are included in Class 2.3 Gases;
are included in Class 4 and Packing Group I;
are included in Class 5.2 Organic Peroxides, unless they are limited quantities in
accordance with section 1.17 of the regulations;
are liquids included in Class 6.1 and Packing Group I;
are included in Class 6.2; or
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
o
o
o
a medical devices attached to or
implanted in an individual or an animal;
a wheelchair or medical articles;
a medical cylinders for personal use; or
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
o
1 L for Packing Group II substances, and
5 L for Packing Group III substances; and
o
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 CGSB43.125, 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
o
o
o
the primary class of the dangerous goods in each means of containment following the
word "Class" or "Classe",
the subsidiary class or classes, if any, in parentheses, and
the number of drums related to each primary class, following the words "number of drums"
or "nombre de fûts", and
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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