Dangerous Goods Handling and Transportation Regulation

Dangerous Goods Handling and Transportation Regulation, M.R. 55/2003 The Dangerous Goods Handling and Transportation Act , C.C.S.M. c. D12 Regulation 55/2003 Registered March 18, 2003 bilingual version (HTML) Adoption of Transportation of Dangerous Goods Regulations , SOR/2001-286 1 Subject to the amendments set out in the Schedule, the following parts of the Transportation of Dangerous Goods Regulations , SOR/2001-286, made under the Transportation of Dangerous Goods Act, 1992 (Canada), are adopted as regulation under The Dangerous Goods Handling and Transportation Act : (a) Parts 1 to 10; and (b) the Schedules. Repeal of Manitoba Regulation 172/85 2 Manitoba Regulation 172/85, Being A Regulation Under The Dangerous Goods Handling and Transportation Act Respecting the Handling, Offering for Transport and Transporting of Dangerous Goods , is repealed. SCHEDULE (Section 1) Amendments to the Transportation of Dangerous Goods Regulations , SOR/2001-286 1 Section 1.4 is amended (a) by replacing the definitions "import", "inspector", "offer for transport", "prescribed" and "safety standards" with the following: import means import into Manitoba, and includes transporting goods that originate from outside Manitoba and pass through Manitoba to a destination outside Manitoba, except when the goods are being transported on a ship or aircraft not registered in Canada. (importer) inspector means a person so designated or appointed under The Dangerous Goods Handling and Transportation Act . (inspecteur) offer for transport means presenting, placing, positioning, or otherwise preparing goods for transportation on a highway. (demande de transport ) prescribed means (a) prescribed by the Act or regulations under the Act; and (b) prescribed by The Dangerous Goods Handling and Transportation Act or a regulation made under that Act. safety standards means standards regulating the design, construction, equipping, functioning or performance of containers, packaging or vehicles used in the transporting or transferring of dangerous goods. (normes de sécurité) 2 The following is added after section 1.4: 1.4.1 Additional Interpretation Provisions (1) If there is a conflict or substantive inconsistency between a definition in section 1.4 and a definition in The Dangerous Goods Handling and Transportation Act , the definition in that Act takes precedence. (2) Subsection (1) does not apply to the definition "minister" in section 1.4. (3) In these Regulations, (a) a reference to "between Canada" and another place is to be read as "between Manitoba" and that place; (b) a reference to "in Canada" is to be read as "in Manitoba"; (c) a reference to "into Canada" is to be read as "into Manitoba"; (d) a reference to "outside Canada" is to be read as "outside Manitoba"; (e) a reference to "through Canada" is to be read as "through Manitoba"; and (f) a reference to "within Canada" is to be read as "within Manitoba". (4) Subsection (3) does not apply to the following provisions: (a) in section 1.1 of the French version; (b) in section 1.3 of the French version; (c) the definition "import" in section 1.4; (d) the definitions "passenger" and "train" in section 1.4 of the French version; (e) section 1.14 of the French version; (f) paragraphs 3.5(1)⁠(a) and (d); (g) subparagraph 3.11(3)⁠(b)⁠(ii); (h) clause 4.22(2)⁠(b)⁠(ii)⁠(B); (i) paragraph 5.6(b); (j) paragraph 5.10(2)⁠(b); (k) subsection 9.4(1); (l) subsection 10.4(1); (m) subsection 16(2) of Schedule 2 of the French version. (5) In these Regulations, (a) a reference to "offer for transport" is to be read as "offer for transport or offer for transfer"; and (b) a reference, in relation to a dangerous good, (i) to "transport" is to be read as "transport or transfer", (ii) to "transportation" is to be read as "transportation or transfer", (iii) to "transported" is to be read as "transported or transferred", (iv) to "transporting" is to be read as "transporting or transferring", and (v) to "transports" is to be read as "transports or transfers". 1.4.2 Application of Regulations to Provincially Regulated Railways Without limiting the generality of any provision of these regulations, a person who offers for transfer or transfers dangerous goods by a railway to which The Provincial Railways Act applies or in a means of containment or container that is moved or intended to be moved by such a railway must comply with the requirements of these regulations relating to safety marks and shipping documents to the same extent as if the goods were offered for transport, transported, or intended to be transported. 3 Section 1.7 is amended in the part before paragraph (a) by striking out " As provided for in section 5 of the Act, a " and substituting " A ". 4 Sections 1.12 and 1.13 are struck out. 5 Section 1.20 is replaced with the following: 1.20 National Defence This regulation does not apply in relation to an activity or thing that is, within the meaning of the Act, under the sole direction or control of the Minister of National Defence. 6 Section 4.2 is amended by striking out " As provided for in section 6 of the Act, a " and substituting " A ".