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Manitoba Legislation

Manitoba Transportation of Dangerous Goods (TDG)

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The full text of the Federal TDG Regulation can be found at:
http://www.tc.gc.ca/eng/tdg/clear-tofc-211.htm

The permission to reproduce this material is provided by the Queens Printer for Manitoba. The Queens Printer does not warrant the accuracy or currency of the reproduction of this information.

http://web2.gov.mb.ca/laws/statutes/ccsm/d012e.php

THE DANGEROUS GOODS HANDLING AND
TRANSPORTATION ACT
(C.C.S.M. c. D12)
Dangerous Goods Handling and Transportation Regulation

Regulation 55/2003
Registered March 18, 2003

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Handling and Transportation Act Respecting the Handling, Offering for Transport and Transporting of Dangerous Goods, is repealed.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 transportmeans 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)
(b) in the definition "safety mark",
(i) in paragraph (a), by striking out ", or at facilities used in those activities", and
(ii) in paragraph (b), by striking out "or the facilities"; and
(c) by adding the following definition in alphabetical order:
offer for transfer means presenting, placing, positioning, or otherwise preparing
goods for transfer. (demande de transfert)

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".

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