GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Direction Respecting Tarmac Delays of Three Hours or Less — 2
Precedence 2 When this Direction takes effect, it supersedes any direction issued or correspondence or other communications sent to the Canadian Transportation Agency by the Minister or the Minister’s representatives with respect to tarmac delays of three hours or less.
Direction Respecting Tarmac Delays of Three Hours or Less — 3
Coming into force 3 This Direction comes into force on the day on which it is registered.
Transportation of Dangerous Goods by Rail Security Regulations — Transportation of Dangerous Goods by Rail Security Regulations
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 27 a and 27.1 b of the Transportation of Dangerous Goods Act, 1992 c , makes the annexed Transportation of Dangerous Goods by Rail Security Regulations .
Transportation of Dangerous Goods by Rail Security Regulations — 1
Definitions 1 (1) The following definitions apply in these Regulations. Act means the Transportation of Dangerous Goods Act, 1992 . ( Loi ) handling site means a facility connected to a railway line where a railway vehicle is placed for the loading or unloading of dangerous goods. ( lieu de manutention ) railway carrier means a person who has possession of dangerous goods for the purposes of transportation by railway vehicle on a main railway line, or for the purposes of storing them in the course of such transportation. ( transporteur ferroviaire ) railway loader means (a) any person that operates a handling site, or (b) any manufacturer or producer of dangerous goods that has possession of dangerous goods at a handling site for the purposes of loading them prior to, or unloading them after, transportation by rail. ( chargeur ferroviaire ) Terminology — Transportation of Dangerous Goods Regulations (2) Unless the context requires otherwise, all other words and expressions used in these Regulations have the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations . SOR/2019-113, s. 32
Transportation of Dangerous Goods by Rail Security Regulations — Transportation of Dangerous Goods by Rail Security Regulations
Act means the Transportation of Dangerous Goods Act, 1992 . ( Loi )
Transportation of Dangerous Goods by Rail Security Regulations — Transportation of Dangerous Goods by Rail Security Regulations
handling site means a facility connected to a railway line where a railway vehicle is placed for the loading or unloading of dangerous goods. ( lieu de manutention )
Transportation of Dangerous Goods by Rail Security Regulations — Transportation of Dangerous Goods by Rail Security Regulations
railway carrier means a person who has possession of dangerous goods for the purposes of transportation by railway vehicle on a main railway line, or for the purposes of storing them in the course of such transportation. ( transporteur ferroviaire )
Transportation of Dangerous Goods by Rail Security Regulations — (a)
railway loader means (a) any person that operates a handling site, or (b) any manufacturer or producer of dangerous goods that has possession of dangerous goods at a handling site for the purposes of loading them prior to, or unloading them after, transportation by rail. ( chargeur ferroviaire )
Transportation of Dangerous Goods by Rail Security Regulations — 2
Objective 2 This Part sets out security requirements for the purposes of section 5 of the Act.
Transportation of Dangerous Goods by Rail Security Regulations — 3
Potential threats and other security concerns 3 (1) A railway carrier must immediately report any potential threat or other security concern by telephone to the Transport Canada Situation Centre. Potential threats and other security concerns include (a) any interference with a train crew; (b) any bomb threats, either specific or non-specific; (c) any reports or discoveries of suspicious items when the report or discovery results in a disruption of railway operations; (d) any suspicious activities observed on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations; (e) the discovery, seizure or discharge of a firearm or other weapon on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations; (f) any signs of tampering with a railway vehicle if the railway carrier determines that security has been compromised; and (g) any information relating to the possible surveillance of a railway vehicle, of infrastructure used in railway operations or of a facility or location used in railway operations. Contents of report (2) The report must include, if applicable and to the extent known, the following information: (a) the railway carrier’s name and contact information, including telephone number and email address; (b) the name of the person who is making the report on behalf of the railway carrier and the person’s title and contact information, including their telephone number and email address; (c) any information that identifies any train that is affected by the potential threat or other security concern, including its itinerary and line or route position; (d) any information that identifies any railway vehicle, infrastructure, facility or location that is affected by the potential threat or other security concern; (e) the classification and quantity of any dangerous goods that are involved in the potential threat or other security concern; and (f) a description of the potential threat or other security concern, including the date and time that the railway carrier became aware of it and the date and time of any incident linked to it.
Transportation of Dangerous Goods by Rail Security Regulations — 4
Objective 4 This Part sets out security requirements for the purposes of section 5 of the Act.
Transportation of Dangerous Goods by Rail Security Regulations — 5
Rail security coordinator 5 (1) A railway carrier must, at all times, have an employee designated as a rail security coordinator or an acting rail security coordinator. Contact information (2) The railway carrier must provide the Minister with (a) the name and job title of the rail security coordinator or acting rail security coordinator; and (b) 24-hour contact information for the rail security coordinator or acting rail security coordinator.
Transportation of Dangerous Goods by Rail Security Regulations — 6
Duties 6 A railway carrier must ensure that the rail security coordinator or acting rail security coordinator (a) coordinates security matters within the railway carrier’s organization; and (b) acts as the principal contact between the railway carrier, law enforcement and emergency response agencies and the Minister with respect to security matters.
Transportation of Dangerous Goods by Rail Security Regulations — 7
Security inspection — railway vehicle accepted 7 (1) If a railway carrier accepts a railway vehicle that contains dangerous goods for transport in a train and a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations , the railway carrier must carry out a visual security inspection of the railway vehicle when it is accepted for transport and when it is placed in the train. Security inspection — dangerous goods accepted (2) If a railway carrier accepts dangerous goods for transport in a railway vehicle in a train and a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations , the railway carrier must carry out a visual security inspection of the railway vehicle when it is placed in the train. Tampering or suspicious items (3) If a railway carrier that is carrying out an inspection under subsection (1) or (2) discovers signs of tampering or a suspicious item, the railway carrier must take measures to determine whether security has been compromised. Compromise of security (4) If the railway carrier determines that security has been compromised, the railway carrier must take measures to address the situation before transporting the dangerous goods.
Transportation of Dangerous Goods by Rail Security Regulations — 8
Prescribed persons 8 A railway carrier, or a person who is employed by or is acting directly or indirectly for a railway carrier, is a prescribed person for the purposes of section 7.3 of the Act.
Transportation of Dangerous Goods by Rail Security Regulations — 9
Application — security-sensitive dangerous goods 9 (1) Sections 10 to 13 apply only to railway carriers that transport and railway loaders that offer for transport or handle any of the security-sensitive dangerous goods set out in Schedule 1. Precision (2) For greater certainty, paragraph 10 (1)(g) does not apply to railway loaders. SOR/2019-113, s. 33
Transportation of Dangerous Goods by Rail Security Regulations — 11
Persons required to undergo security plan training 11 (1) A person who is employed by or is acting directly or indirectly for a railway carrier or railway loader to which this section applies is required to undergo training on the security plan if that person (a) offers for transport, handles or transports by railway vehicle, in Canada, any of the dangerous goods set out in Schedule 1; or (b) is responsible, in Canada, for implementing the security plan or any portion of it but does not perform any of the duties referred to in paragraph (a). Provision of training (2) The railway carrier or railway loader must ensure that training on the security plan is provided to the person (a) before the day on which the person initially undertakes the duties referred to in paragraph (1)(a), unless the person has, before that date, received training that meets the requirements of section 12 ; (b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the responsibility referred to in paragraph (1)(b), unless the person has, before that date, received training that meets the requirements of section 12 ; and (c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any training received before the coming into force of this subsection that meets the requirements of section 12 . Supervision (3) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (1)(b) undergoes training on the security plan, the person performs their duties under the supervision of a person who has undergone training on the components of the plan that are relevant to the duties of the person being supervised. SOR/2019-113, s. 34
Transportation of Dangerous Goods by Rail Security Regulations — 12
Training topics 12 Training on the security plan must cover the following topics: (a) the railway carrier’s or railway loader’s security objectives; (b) the railway carrier’s or railway loader’s organizational structure with respect to security; (c) the railway carrier’s or railway loader’s security procedures; (d) the security duties of the person who is undergoing the training and any other security duties that are relevant to their duties; and (e) the security plan measures that, in the event of a security incident, are relevant to the duties of the person undergoing the training. SOR/2019-113, s. 34
Transportation of Dangerous Goods by Rail Security Regulations — 13
Training on revised plan 13 If a railway carrier or railway loader revises the security plan under subsection 10 (2) in a way that significantly affects the duties referred to in subsection 11 (1), it must ensure that a person with those duties is provided with training on the revisions as soon as possible but not later than 90 days after the day on which the plan is revised. SOR/2019-113, s. 34
Transportation of Dangerous Goods by Rail Security Regulations — 14
Security awareness training 14 (1) A railway carrier or railway loader must ensure that security awareness training is provided on the following topics: (a) the security risks that are posed by the dangerous goods that the railway carrier or railway loader offers for transport, handles or transports; (b) the measures that are designed to enhance rail security; and (c) the recognition of and response to potential threats and other security concerns. Persons required to undergo training (2) A person who is employed by or is acting directly or indirectly for the railway carrier or railway loader is required to undergo the security awareness training if the person (a) offers for transport, handles or transports dangerous goods by railway vehicle, in Canada; or (b) has duties, in Canada, regarding the security of the transportation of dangerous goods by railway vehicle but does not perform any of the duties referred to in paragraph (a). Provision of training (3) The railway carrier or railway loader must ensure that the security awareness training is provided to the person (a) before the day on which the person initially undertakes the duties referred to in paragraph (2)(a), unless the person has, before that date, received an equivalent training; (b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the duties referred to in paragraph (2)(b), unless the person has, before that date, received an equivalent training; and (c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any equivalent training received before the coming into force of this subsection. Supervision (4) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (2)(b) undergoes security awareness training, the person performs their duties under the supervision of a person who has undergone that training. SOR/2019-113, s. 34
Transportation of Dangerous Goods by Rail Security Regulations — 15
Training records 15 (1) A railway carrier or railway loader must have a training record for each person who has undergone training under section 11 , 13 or 14 . Contents of training record (2) The training record must include (a) the person’s name and details of the most recent training session that the person has received under each section, namely the date, the duration, the course title, the delivery method, the components of the security plan that were covered, if applicable, and the name of the training provider; and (b) the title and date of each training session that the person has previously followed under each section. Retention period (3) The railway carrier or railway loader must retain the record for at least two years after the day on which the person ceases to be employed by or act directly or indirectly for the railway carrier or railway loader. SOR/2019-113, s. 34
Transportation of Dangerous Goods by Rail Security Regulations — 16
Various exemptions 16 Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from all or a portion of the Transportation of Dangerous Goods Regulations in accordance with one or more of the provisions of those Regulations that are set out in Schedule 2.
Transportation of Dangerous Goods by Rail Security Regulations — 17
Limited quantities 17 Parts 1 to 3 do not apply in respect of dangerous goods that are in a limited quantity as determined in accordance with subsection 1.17(1) of the Transportation of Dangerous Goods Regulations .
Transportation of Dangerous Goods by Rail Security Regulations — 18
Excepted quantities 18 Parts 1 to 3 do not apply in respect of dangerous goods if (a) they are in an excepted quantity as determined in accordance with subsections 1.17.1(1) and (2) of the Transportation of Dangerous Goods Regulations or are in an excepted quantity that is specified in subsection 1.17.1(8) of those Regulations; and (b) the requirement set out in subsection 1.17.1(5) of those Regulations is met.
Transportation of Dangerous Goods by Rail Security Regulations — 19
Samples for classifying, analysing or testing 19 Parts 2 and 3 do not apply in respect of samples of goods that a railway loader reasonably believes to be dangerous goods if (a) the classification or the exact chemical composition of the goods is unknown and cannot be readily determined; and (b) the conditions set out in paragraphs 1.19.1(a) to (d) of the Transportation of Dangerous Goods Regulations are met.
Transportation of Dangerous Goods by Rail Security Regulations — 20
Dangerous goods in apparatus, piece of equipment or piece of machinery 20 Part 2 and sections 9 to 13 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 167 of those Regulations.
Transportation of Dangerous Goods by Rail Security Regulations — 21
Flammable liquids 21 Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.33 of those Regulations.
Transportation of Dangerous Goods by Rail Security Regulations — 22
Engines or machinery containing dangerous goods 22 Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 154 of those Regulations.
Transportation of Dangerous Goods by Rail Security Regulations — 23
Human or animal specimens 23 Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.42 of those Regulations.
Transportation of Dangerous Goods by Rail Security Regulations — 24
Medical or clinical waste 24 Parts 1 to 3 do not apply in respect of dangerous goods that are medical waste or clinical waste if the conditions set out in paragraphs 1.42.3(a) and (b) of the Transportation of Dangerous Goods Regulations are met.
Transportation of Dangerous Goods by Rail Security Regulations — 25
Radioactive materials 25 Parts 2 and 3 do not apply in respect of dangerous goods that are radioactive materials included in Class 7 if the conditions set out in paragraphs 1.43(a) and (b) of the Transportation of Dangerous Goods Regulations are met.
Transportation of Dangerous Goods by Rail Security Regulations — 26
Residue in drum 26 (1) Subject to subsection (2), Part 2 and sections 9 to 13 do not apply in respect of a residue of dangerous goods contained in a drum if the conditions set out in paragraphs 1.44(a) and (b) of the Transportation of Dangerous Goods Regulations are met. Exception (2) This exemption does not apply in respect of dangerous goods that are included in Packing Group I or that are contained in a drum for which a Class 1, 4.3, 6.2 or 7 label is required under the Transportation of Dangerous Goods Regulations .
Transportation of Dangerous Goods by Rail Security Regulations — 27
Marine pollutants 27 Part 2 and sections 9 to 13 do not apply in respect of substances that are classified as marine pollutants in accordance with subparagraph 2.43(b)(ii) of the Transportation of Dangerous Goods Regulations .
Transportation of Dangerous Goods by Rail Security Regulations — 28
Life-saving appliances 28 Parts 1 to 3 do not apply in respect of dangerous goods that are determined, in accordance with subsections (1) and (2) of special provision 21 of the Transportation of Dangerous Goods Regulations , to be either UN2990, LIFE-SAVING APPLIANCES, SELF-INFLATING or UN3072, LIFE-SAVING APPLIANCES NOT SELF-INFLATING, if the conditions set out in subsection (3) of that special provision are met.
Transportation of Dangerous Goods by Rail Security Regulations — 29
Molten sulphur 29 Parts 1 to 3 do not apply in respect of dangerous goods that are UN2448, MOLTEN SULFUR, MOLTEN SULPHUR, SULFUR, MOLTEN or SULPHUR, MOLTEN, if the dangerous goods are transported in a large means of containment and the conditions set out in paragraphs (a) and (b) of special provision 32 of the Transportation of Dangerous Goods Regulations are met.
Transportation of Dangerous Goods by Rail Security Regulations — 30
Lithium cells and batteries 30 Parts 1 to 3 do not apply in respect of dangerous goods that are UN3090, LITHIUM METAL BATTERIES (including lithium alloy batteries), UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT (including lithium alloy batteries) or LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT (including lithium alloy batteries), UN3480, LITHIUM ION BATTERIES (including lithium ion polymer batteries) or UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT (including lithium ion polymer batteries) or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT (including lithium ion polymer batteries), if (a) the conditions set out in subsection (1) of special provision 34 of the Transportation of Dangerous Goods Regulations are met; and (b) in the case of cells and batteries that are installed in equipment, the requirements of subsections (2) to (4) of special provision 34 of those Regulations are met.
Transportation of Dangerous Goods by Rail Security Regulations — 31
Neutron radiation detectors 31 (1) Parts 1 to 3 do not apply in respect of a neutron radiation detector, including one with solder glass joints, that (a) does not contain more than 1 g of boron trifluoride gas; (b) may be transported under the UN number and shipping name UN1008, BORON TRIFLUORIDE, in accordance with subsection (1) of special provision 145 of the Transportation of Dangerous Goods Regulations ; and (c) is packed in accordance with subsection (2) of special provision 145 of those Regulations. Radiation detection systems (2) Parts 1 to 3 do not apply in respect of a radiation detection system that contains a neutron radiation detector, including one with solder glass joints, if (a) the neutron radiation detector meets the conditions set out in paragraphs (1)(a) and (b); and (b) the radiation detection system is packed in accordance with subsection (3) of special provision 145 of the Transportation of Dangerous Goods Regulations .
Transportation of Dangerous Goods by Rail Security Regulations — 35
One month after registration 35 (1) Subject to subsections (2) to (4), these Regulations come into force on the day that, in the first month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that first month has no day with that number, the last day of that first month. Three months after registration (2) Sections 4 to 7 come into force on the day that, in the third month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that third month has no day with that number, the last day of that third month. Nine months after registration (3) Sections 8 to 15 come into force on the day that, in the ninth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that ninth month has no day with that number, the last day of that ninth month. First anniversary of registration (4) Sections 19 and 32 to 34 come into force on the first anniversary of the day on which these Regulations are registered.
Transportation of Dangerous Goods by Rail Security Regulations — (a)
Any of the following dangerous goods included in Class 3 that are included in Packing Group III, are in a single means of containment and are in a quantity that exceeds 10 000 L: (a) UN1170, ETHANOL with more than 24% ethanol, by volume, ETHANOL SOLUTION with more than 24% ethanol, by volume, ETHYL ALCOHOL with more than 24% ethanol, by volume, or ETHYL ALCOHOL SOLUTION with more than 24% ethanol, by volume; (b) UN1202, DIESEL FUEL, GAS OIL or HEATING OIL, LIGHT; (c) UN1267, PETROLEUM CRUDE OIL; (d) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S.; (e) UN1863, FUEL, AVIATION, TURBINE ENGINE; (f) UN1987, ALCOHOLS, N.O.S.; (g) UN1993, FLAMMABLE LIQUID, N.O.S.; (h) UN3295, HYDROCARBONS, LIQUID, N.O.S.; and (i) UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC