Added to List of Dangerous Goods Schedule 2 - Special Provisions

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1 Canadian T.D.G. Regulations Up-date Amendment #11 - Canada Gazette Part II - November 23, 2012 Section: Title: Comments: PART 1 - Coming into Force, Repeal, Interpretation, General Provisions and Special Cases 1.4 Definitions Clarify definition for "gross mass". Replace the definition for "person" with "means an individual or organization". NEW: "Organization means (a) a public body, body corporate, society, company firm, partnership, trade union or municipality; or (b) an association of persons,that (i) is created for a common purpose, (ii) has an operational structure, and (iii) holds itself out to the public as an association of persons." 1.15 Allows for aersols to be transported without outer packagings (up to 150 kg Gross Mass six aerosol containers) to or from a retail outlet provide protective caps are in-place. PART 5 - Means of Containment 5.5 Filling Limits Clarifies that means of containment must not exceed the maximum limit specified in a Safety Standard or Safety Requirement or if not specified, must not exceed the limit specified by the manufacturer and not be liquid full at 55 C. 5.1O Means of Containment for Up-dates CSA B622 (Cylinders) Class 2, Gases 5.14 Large Means of Containment Up-dates CSA B621(Tank Trucks) PART 9 - Road 9.3(3) Transporting DG to or Placards to be displayed must be in compliance with Part 4, from a Ship Dangerous Goods Safety Marks or the IMDG Code. PART 10 - Rail 10.3(3) Transporting DG to or Placards to be displayed must be in compliance with Part 4, from a Ship Dangerous Goods Safety Marks or the IMDG Code. Schedule 1 - List of Dangerous Goods UN 3373 Biological Substances, Category B Added to List of Dangerous Goods Schedule 2 - Special Provisions SP 16(2) Technical Name the technical name for the following dangerous goods is not required to be shown on a shipping document or on a small means of containment when Canadian law for domestic transport or an international convention for international transport prohibits the disclosure of the technical name. SP 80 Aerosols Allows for aersols to be transported without outer packagings (up to six aerosol containers) to or from a retail outlet provide protective caps are in-place. Amendment to Part 4 - Dangerous Goods Safety Marks (formerly Amendment #12) Canada Gazette, Part I - December 1, 2012 PART 1 - Coming into Force, Repeal, Interpretation, General Provisions and Special Cases Table/1.4 Definitions UN Recommendations "means the "Recommendations on the Transport of Dangerous Goods", Seventeenth Revised Edition, 2011, published by the United Nations (UN). 1

2 1.4 (def'n) Overpack (NEW) "means an enclosure that is used by a single consignor to consolidate one or more means of containment for ease of handling but that is not a minimum means of containment, This definition does not include a large means of containment or a unit load device, as defined in the ICAO Technical Instructions, that is intended for transport by aircraft. Examples of overpacks include (a) a pallet on which are placed or stacked one or more small means of containment that are secured by straps, shrink wrap, stretch wrap, nets or other similar means, and (b) a box, crate or bin in which one or more means of containment are placed NEW kg Gross Mass Limited Quantities Class 6.2, Infectious Substance, UN 3373, BIOLOGICAL SUBSTANCES, CATERGORY B, Misleading Dangerous Goods Safety Marks Removal of Dangerous Goods Safety Marks Safety Marks on Overpacks provisions added to allow for the carriage of fireworks and ammunition (Class 1) from retail outlets. Allows ammunition for rifles or pistols up to 12.7 mm or 50 calibre. Provision amended to require the "new" international mark on limited quantities. Also allows for continuing use of UN Number in a Diamond until May 1, There is no provision to allow the use of the "LTD QTY" or "Consumer Commodity" marks. Amendment remedies an oversight and clarifies that a Class 6.2, Infectious Substances hazard label is NOT required on Category B packages. PART 4 - Dangerous Goods Safety Marks New note added: The quantity - or, in the case of radioactive materials, the emission level, of dangerous goods identified by a safety mark is not an indication that the dangerous goods safety mark is misleading. For example, a person who displays placards on a road vehicle that is transporting 220 kg of dangerous goods is not displaying misleading placards as long as the placards accurately indicate the presence of dangerous goods and the nature of the danger posed by the dangerous goods and are displaye in accordance with this Part. (1) marks must remain displayed until means of containment has been neutralize through unloading, unpacking, cleaning or purging (2) the person who neutralizes the means of containment must remove the safety marks (3) when DANGER placard is permitted, it may remain to be displayed until the large means of containment no longer contains dangerous goods. Requires "Overpack" marking and reproducing of hazard labels (primary & subsidiary); Shipping Names & UN Numbers and if overpack is > or equal to 1.8m³ (64 cu ft) then markings required on two opposite sides Placards and UN Numbers Placards are required for each dangerous goods contained in a large means of containment (other than a ship or aircraft) on both ends and two sides if two dangerous goods with different UN Numbers but of the same class, only one set of placards is required. 2

3 Subsidiary Placards Subsidiary Placards are required for: (a) subsidiary class of Class 1, Explosives, (b) Class 4.3, Water-reactive Substances, (c ) Class 6.1 PG I due to inhalation toxicity or (d) Class 8, Corrosives if UN 2877, RAM, URANIUM HEXAFLUORIDE,, FISSILE, UN Numbers Placards and UN Numbers Visibility of Labels, Placards and UN Numbers 4.16(1) DANGER Placard 4.16(2) DANGER Placard Not Permitted Placarding for Dangerous Goods with 500 kg Gross Mass or Less UN Numbers are required to be displayed for (a) A quantity or concentration that requires an ERAP or (b) liquids or gases in direct contact with large means of containment. details how Placards and UN Numbers are to be displayed and allows for labels to be displayed on IBC's between 450 L and 3,000 L. i.e. closed cargo units vs. flatbed units. Although not mandatory, a DANGER placard may be displayed if (a) the large means of containment contains two or more dangerous goods that require different placards; (b) the dangerous goods are contained in two or more small means of containment DANGER Placard must not be displayed for (a) dangerous goods that (i) have a gross mass < 1,000 kg, (ii) are included in only one class and (iii) are offered by one consignor at one location. (b) dangerous goods that are required to display a subsidiary placard; (c) dangerous goods that require the display of a UN Number; (d) DG that require a Control or Emergency Temperature; (e) Class 1, Explosives; (f) Class 2.3, Toxic Gases; (g) Class 4.3, Waterreactive Substances; (h) Class 5.2, Organic Peroxides; (i) Class 6.1, PG I - Inhalation Toxicity; (j) Class 7, Radioactive Material, Category III Yellow. Placards are not required for dangerous goods in quantities of 500 kg or less except for dangerous goods that (a) require the display of a UN Number; (b) require a control or emergency temperature; (c ) require the display of a subsidiary placard; (d) Class 1, Explosives, (e) Class 2.1, Flammable Gases if road vehicle or railway vehicle is to be transported by ship; (f) Class 2.3, Toxic Gases; (g) Class 4.3, Water-reactive Substances, PG I; (h) Class 5.2, Organic Peroxides, or (I) Class 7, Radioactive Material, Category III Yellow Class 1, Explosives Provides for optional placarding for Explosives Class 2, Gases ANHYDROUS AMMONIA to be placarded with a) Class 2.3 Placard and UN1005 or b) ANHYDROUS AMMONIA placard (2 sides) and "Anhydrous Ammonia - Inhalation Hazard" Gases: Placards for Oxidizing Gas Placard (Yellow) req'd for UN1072, UN1073, Oxidizing Gases UN3156 and UN3157 instead of 2.2(5.1) Class 2, Gases: Placards for Tube Trailers Single units with inner-connected tubes to be placarded as one large means of containment. 4.19(2)(b) Compartmentalized large means of containment When different flammable liquids are contained in a compartmentalized large means of containment, the UN number for the goods with the lowest flash point must be displayed. 3

4 4.19(3) UN 3475, ETHANOL AND GASOLINE MIXTURE UN 3475 must be displayed in addition to the UN number for the material with the lowest flash point 4.21 Fumigation Sign Category B Mark add: "instead of the Class 6.2 Infectious Substances label" 4.23(1) Other than Anhydrous Ammonia, UN1005, TIH materials (i.e. SP Toxic - Inhalation Hazard 23) must be marked "Toxic Inhalation Hazard" 4.23(2) Large means of containment must be mark with TIH markings (ie. Toxic - Inhalation Hazard SP 23) Appendix to Part 4 New Labels/Placards Transition period: Six months after amendment is published in Canada Gazette, Part II FUTURE WORK: Amendment to UN 17th Edition (For Public Consultation - December 2012) COMMENTS BEFORE: March 8, 2013 PART 1 - Coming into Force, Repeal, Interpretation, General Provisions and Special Cases "new": Fuel Cell; Fuel Cell Cartridge; Fuel Cell Engine; Lithium 1.4 Definitions Content and Watt-hour / Wh Schedule 1: Quantity Add "per means of containment" in paragraphs (1) and (2) Limits in Columns 8 and kg Gross Mass (new) Excepted Quantities Agriculture: Anhydrous Ammonia (new) Foreign Cylinder Aerosols clarifies definition of an aerosol Add the following UN Numbers to paragraph (2)(c )(i): "UN 0503, UN 0505, UN 0506, UN 0507 and UN 0509" Introduces the concept of Excepted Quantities where inner and outer quantity E codes are shown in column 6(b) of Schedule 1 and a new Table to will be added explain E codes. EQ mark will be introduced. Allows for foreign cylinders (i.e. non-tc cylinders) to be filled and transported if they were or intended to be installed as permanent part of a vessel or aircraft PART 2 - Classification Aerosols Exempts Carbonated Beverages, sports balls, tires and light bulbs. 2.36(4) 2.43(1) Medical Waste or Clinical Waste OECD Guidelines Miscellaneous Dangerous Goods Waste containing Category A Pathogens must be consigned as UN 2814 or UN 2900 as appropriate. Category B waste must be consigned as UN 3291 OECD Guidelines 430 and 431 introduced for determination of "full thickness skin destruction". A substance is included in Class 9, Miscellaneous Products, Substances or Organisms if it (a) is included in Class 9 in column 3 of Schedule 1; or (b) is not included in Class 9 in column 3 of Schedule 1 and does not meet the criteria for Classes 1 to 8 and (i) meets the criteria of section of the UN Recommendations for environmentally hazardous substances or is listed as a marine pollutant in column 4 of Schedule 3; or (ii) except for asphalt or tar, is offered for transport as a temperature greater than or equal to 100 C if liquid or a temperature of 240 C if in solid state. 4

5 2.43(2) Cells and Batteries 3.5(1)(c )(i) 3.5(5) 4.11(2) SP 23 SP 34 SP 36 SP 50 to SP 53 SP 56 SP 60 Shipping Names Quantity of Dangerous Goods Technical Name on Small Means of Containment Toxic Inhalation Hazard Lithium Batteries Not Permitted in Bulk Marine Pollutants Flammable Liquids in Solids Class 4.1 if less than 11.5 kg per package and not more than 10% water Indentifies both Lithium metal and Lithium ion cells and batteries and cells and batteries packed in and with equipment. Adherence to Chapter 38.3 of Part III of the UN Manual of Tests and Criteria; short circuit prevention etc PART 3 - Documentation (A) re: technical name (when required) at least one, but not more than two constituants to be shown (B) "Not Odorized" for LPG when required and (C ) "Toxic By Inhalation" when required by SP 23. If the quantity or number of means of containment of dangerous goods changes during transport, the carrier must show on the shipping document or a document attached to the shipping document the change in (a) quantity (b) number of means of containment or (c) both the quantity and number of means of containment if both change. PART 4 - Dangerous Goods Safety Marks re: technical name (when required) at least one, but not more than two constituants to be shown SCHEDULE 1 - List of Dangerous Goods (Numerical) Editiorial Changes to the Legend to Schedule 1 Column 6 (Explosive Limit and Limited Quantity Index) divided into 6a and 6b with 6b showing E Codes Add UN 3359 through 3506 SCHEDULE 2 - Special Provisions SP 3 UN 0337 FIRWORKS Repealed SP 10 re: Class 4.1 add UN 3364, UN 3365, UN 3366, UN 3367 and UN 3368 SP 11 Explosives Packaging Repealed SP 16 Technical Name One but not more than two constituants Except for UN 1005, ANHYDROUS AMMONIA, TIH materials must have words "Toxic By Inhalation" or "Toxic Inhalation Hazard" added to Proper Shipping Name. (Package and Document). Aligns Lithium Battery requirements and exemptions to UN 17t Edition.(Marking requirements per UN as opposed to the Li Battery handling label per ICAO) add: UN 1050, UN 1364, UN 1472, UN 1913, UN 1970, UN 2036, UN 2186, UN 2814, UN 2900, UN 3111, UN 3118, UN 3231 to UN 3241, UN 3364 to UN 3370, UN 3373, UN 3376, UN 3379, UN 3380, UN 3401, UN 3402, UN 3417, UN 3448, UN 3450, UN 3474, UN 3482, UN Repealed May be shipped as UN 3175, SOLIDS CONTAINING FLAMMABLE LIQUIDS and extends an exemption for "sealed packets of less than 10 ml" Repealed SP 63 Aviation Regulated DG's Add: UN 3334 and UN 3335 (Aviation Regulated Liquid/Solid) SP 64 Regulated Only by Ship Add: UN 1327 (Bhusa, Hay or Straw) 5

6 SP 67 SP 68 SP 81 SP 91 to 133 Vehicles Forbidden by Ship if they contain: Non-Spec Packaging Permitted NEW (1) This shipping name applies to (a) a vehicle powered by wet batteries, sodium batteries, lithium metal batteries or lithium ion batteries transported with batteries installed, and (b) equipment powered by wet batteries or sodium batteries transported with these batteries installed. (2) Equipment powered by lithium batteries must be consigned as UN 3091 or UN (3) Hybrid vehicles powered by an internal combustion engine...un 3166 (4) Fuel Cell vehicles...un3166 (5) Lithium Battery Powered Vehicle, UN Add: AMMONIUM HYPOCHLORITE; AMMONIUM NITRATESL ETHYL NITRITE, pure; HYDROGEN CHLORIDE, REFRIGERATED LIQUID; MERCURY OXYCYANIDE, pure; METHYL NITRITEL PERCHLORIC ACID with more than 72 per cent acid by mass; Silver Picrate DRY; ZINC AMMONIUM NITRITE. Add: UN 1841; UN 1931; UN 2807; UN 2969; UN 2990; UN 3072; UN 3166, UN 3171 New Special Provisions (see attachment) OTHER INITIATIVES Formerly: New: Subject: RCC SCHEDULE 3 - Alphabetical List Amends to the Legend to Schedule 3. Schedule 3 now includes Cloumn 4 - Marine Pollutants. Regulatory Co-operation Council Prime Minister Stephen Harper & President Barack Obama signed an agreement to improve mutual reciprocity amongst several regulatory agencies to expediate trade and border issues. TDG Directorate and PHMSA to sign MOU and focus on four main items: 1) cylinder reciprocity; 2) recognition of Canadian truck standards; 3) truckloads (i.e. placarding) and 4) Classification of Explosives. Amend. A Part 5 Eliminates CGSB and replaces it with TP Amend xxxx Part 12 Domestic Air Amend S Part 8 Reporting requirements including Lost, Stolen and Unlawfully Interference??? Part 14 Review and up-date of procedures for Temporary & Emergency Certificates??? The Act Alignment of Regulations to the amended Act (2009) SIMS D.G. Security Surface Intermodal Security Directorate (SIMS) is heading the development of DG Security requirements to align, where possible, with US DHS/DOT requirements. SIMS is working in conjunction with the Minister's Advisory Council and is likely prepared for public consultation in Spring of