ARCHIVED — Vol. 145, No. 23 — November 9, 2011

Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Registration

SOR/2011-239 October 27, 2011

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Regulations Amending the Transportation of Dangerous Goods Regulations

P.C. 2011-1270 October 27, 2011

Whereas, pursuant to subsection 30(1) (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations, substantially in the annexed form, was published in the Canada Gazette, Part Ⅰ, on May 2, 2009 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 (see footnote c) of the Transportation of Dangerous Goods Act, 1992 (see footnote d), hereby makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations.

REGULATIONS AMENDING THE TRANSPORTATION
OF DANGEROUS GOODS REGULATIONS

AMENDMENTS

1. Subsection 1.15(1) of the Transportation of Dangerous Goods Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) the dangerous goods are in a quantity or concentration available to the general public and are transported
    1. (i) by a user or purchaser of the dangerous goods, or
    2. (ii) by a retailer to or from a user or purchaser of the dangerous goods.

2. The last paragraph of italicized text before the heading “ UN2814, Category A — Virus and Bacteria ” in Appendix 3 to Part 2 of the Regulations is replaced by the following:

Substances with an asterisk “*” against them in column 3 of the Category A list require an Emergency Response Assistance Plan in accordance with subsection 7.1(7) of Part 7, Emergency Response Assistance Plan.

3. The italicized list after the heading “ Definitions ” in Part 7 of the Regulations is amended by adding the following in alphabetical order:

class
ICAO Technical Instructions
IMDG Code
infectious substance
packing group
shipping document
small means of containment
special provision
UN number

4. Section 7.1 of the Regulations and any italicized text are replaced by the following:

7.1  Requirement for an Emergency Response Assistance Plan (ERAP)

Subsection (1) deals with a quantity of dangerous goods that have the same UN number and that are contained in a single minimum required means of containment (see paragraph 1.3(2)(j) of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, for an explanation of a minimum required means of containment). If the quantity of dangerous goods in a single means of containment exceeds the ERAP limit, an ERAP is required regardless of the size of the means of containment.

(1)  A person who offers for transport or imports dangerous goods that have the same UN number and that are contained in a single means of containment must have an approved ERAP if the quantity of those dangerous goods in the single means of containment exceeds the ERAP limit referred to in subsection (8).

Subsection (2) deals with an accumulation of means of containment containing dangerous goods included in Class 3 with a subsidiary class of Class 6.1, in Class 4, in Class 5.2, Type B or Type C, or in Class 6.1 included in Packing Group I.

(2)  A person who offers for transport or imports, in a road vehicle or a railway vehicle, dangerous goods that have the same UN number, that are included in one of the following classes and that are contained in more than one means of containment must have an approved ERAP if the total quantity of those dangerous goods in all the means of containment exceeds the ERAP limit referred to in subsection (8):

  • (a) Class 3, Flammable Liquids, with a subsidiary class of Class 6.1, Toxic Substances;
  • (b) Class 4, Flammable Solids, Substances Liable to Spontaneous Combustion, Substances That on Contact with Water Emit Flammable Gases (Water-reactive substances);
  • (c) Class 5.2, Organic Peroxides, that are Type B or Type C; and
  • (d) Class 6.1, Toxic Substances, that are included in Packing Group Ⅰ.

Subsection (3) deals with an accumulation of large means of containment containing dangerous goods that require an ERAP.

(3)  A person who offers for transport or imports, in a road vehicle or a railway vehicle, dangerous goods that have the same UN number and that are contained in more than one large means of containment must have an approved ERAP if the total quantity of those dangerous goods in all the large means of containment exceeds the ERAP limit referred to in subsection (8).

Subsection (4) deals with dangerous goods included in Class 1, Explosives, that require an ERAP.

(4)   A person who offers for transport or imports, in a road vehicle or a railway vehicle, dangerous goods included in Class 1, Explosives, and contained in one or more means of containment must have an approved ERAP if the total quantity of explosives with an ERAP index in Col. 7 of Schedule 1 exceeds the ERAP limit referred to in subsection (8) for the explosives with the lowest index number. If the quantities of explosives are expressed in net explosives quantity and number of articles, one kilogram net explosives quantity must be counted as 100 articles and each 100 articles must be counted as one kilogram net explosives quantity.

Subsection (5) deals with an accumulation of interconnected means of containment with a capacity greater than 225 L that contain dangerous goods included in Class 2, Gases.

(5)   A person who offers for transport or imports dangerous goods included in Class 2, Gases, that have the same UN number, that are contained in more than one means of containment, each of which has a capacity greater than 225 L, that are a single unit as a result of being interconnected through a piping arrangement, and that are permanently mounted on a structural frame for transport must have an approved ERAP if the total quantity of those dangerous goods in the interconnected means of containment exceeds the ERAP limit referred to in subsection (8).

Subsection (6) deals with tank cars that contain dangerous goods included in Class 3, Flammable Liquids, and that have the UN number UN1202, UN1203 or UN1863.

(6)   A person who offers for transport or imports rail tank cars that contain dangerous goods having the UN number UN1202, UN1203 or UN1863 must have an approved ERAP if

  • (a) the rail tank cars are interconnected in such a way that the loading or unloading of more than one rail tank car can be done from the first or last of those rail tank cars; and
  • (b) 17 or more of the rail tank cars are each filled to 70 per cent or more of their capacity.

Subsection (7) deals with dangerous goods included in Class 6.2, Infectious Substances, that require an ERAP.

(7)  A person who offers for transport or imports any quantity of the following dangerous goods, included in Class 6.2, Infectious Substances, or any substance that exhibits characteristics similar to these dangerous goods, must have an approved ERAP:

  • (a) Crimean-Congo Hemorrhagic fever virus;
  • (b) Ebola virus;
  • (c) Foot and mouth virus cultures;
  • (d) Guanarito virus;
  • (e) Hendra virus;
  • (f) Herpes B virus (Cercopithecine Herpesvirus-1) cultures;
  • (g) Junin virus;
  • (h) Kyasanur Forest virus;
  • (i) Lassa virus;
  • (j) Machupo virus;
  • (k) Marburg virus;
  • (l) Nipah virus;
  • (m) Omsk hemorrhagic fever virus;
  • (n) Russian Spring-Summer encephalitis virus;
  • (o) Sabia virus; and
  • (p) Variola (smallpox) virus.

(8)  A quantity of dangerous goods exceeds the ERAP limit if the dangerous goods have an index number in Col. 7 of Schedule 1 and

  • (a) if a solid, have a mass that is greater than the index number when that number is expressed in kilograms;
  • (b) if a liquid, have a volume that is greater than the index number when that number is expressed in litres;
  • (c) if a gas, including a gas in a liquefied form, are contained in a means of containment that has a capacity greater than the index number when that number is expressed in litres; or
  • (d) if an explosive
    1. (i) not subject to special provision 86, have a net explosives quantity that is greater than the index number when that number is expressed in kilograms, or
    2. (ii) subject to special provision 86, are in a quantity that is greater than the number of articles listed for the explosive.

(9)  For the purposes of subsections (1) to (7), a person, other than a manufacturer or producer, who offers for transport or imports dangerous goods for which an approved ERAP is required is not required to apply for approval of an ERAP in accordance with section 7.2 if the person shows on a shipping document

  • (a) the ERAP reference number and the telephone number to call to activate the approved ERAP held by a manufacturer, producer or distributor of the dangerous goods, and
    1. (i) the approved ERAP applies to the dangerous goods, the mode of transport, the means of containment and the area in which the dangerous goods are to be transported,
    2. (ii) the person who holds the approved ERAP gives permission in writing for the approved ERAP to be used and for the reference number of that approved ERAP and the telephone number to call to activate the approved ERAP to be shown on the other person’s shipping document, and
    3. (iii) the person who holds the approved ERAP agrees to respond to an emergency on behalf of the other person; or

The written permission required under subparagraph (a)(ii) from the person who holds an approved ERAP to another person to use that ERAP is required only once. However, the written permission may be in a notation on a shipping document that indicates that the holder of the approved ERAP gives permission, for example, to a carrier to use the approved ERAP.

  • (b) the ERAP reference number and the telephone number to call to activate the approved ERAP held by any other person, if the dangerous goods originate outside Canada and
    1. (i) the dangerous goods are transported through Canada to a destination outside Canada, and
    2. (ii) the person who offers for transport or imports the dangerous goods complies with the conditions set out in subparagraphs (a)(i) to (iii).

A distributor is not referred to in the portion of subsection (9) before paragraph (a) because a manufacturer or producer must always have an approved ERAP if one is required. This is not the case for a distributor, who may hold an approved ERAP but may also use the approved ERAP of a manufacturer or producer.

(10) The person who holds an approved ERAP and gives permission to another person to use that ERAP in accordance with subsection (9) must

  • (a) when that permission is given, notify the Director General in writing of the name of the person who will use the approved ERAP and the ERAP reference number; and
  • (b) when that permission is rescinded, notify the Director General in writing.

(11) Whether or not another person’s ERAP number is shown on a shipping document in accordance with subsection (9), the person who is required to have an approved ERAP in accordance with subsection 7(1) of the Act remains responsible for emergency response assistance as required under the Act.

(12) Any substance that would require an ERAP if its classification were determined in accordance with Part 2, Classification, requires an approved ERAP if its classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used as permitted under section 1.10 of Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases.

5. Col. 7 after the heading “LEGEND” in Schedule 1 to the Regulations and any italicized text are replaced by the following:

Col. 7 ERAP Index. This column gives the ERAP (emergency response assistance plan) quantity limit above which there must be an ERAP for the dangerous goods in accordance with section 7.1 of Part 7, Emergency Response Assistance Plan. The quantity limit is expressed in kilograms for solids, litres for liquids and, for gases, as the capacity in litres of the means of containment of the gases. For Class 1, Explosives, the quantity is expressed in kilograms of net explosives quantity or, for those explosives subject to special provision 86, the number of articles. For Class 3, Flammable Liquids, with a UN number of UN1202, UN1203 or UN1863, see subsection 7.1(6) of Part 7, Emergency Response Assistance Plan, which sets out the ERAP requirements for those dangerous goods. For Class 6.2, Infectious Substances, see subsection 7.1(7) of Part 7, Emergency Response Assistance Plan, which sets out the ERAP requirements for certain infectious substances.

The ERAP quantity limit applies to the row in this Schedule on which it appears so that, for example, UN1986 may require an ERAP for Packing Group Ⅰ but not for Packing Group Ⅱ or Ⅲ.

If no index number is shown, an ERAP is not required except for those dangerous goods subject to special provision 82 or 84 (see subsection 7.1(8) of Part 7, Emergency Response Assistance Plan).

In Col. 7 of this Schedule, “SP” means “special provision”.

6. The portion of the data for UN0083 of Schedule 1 to the Regulations in Col. 2 to Col. 10 is replaced by the following:

Col. 1

UN Number

Col. 2
Shipping Name
and Description

Col. 3

Class

Col. 4
Packing Group/ Category

Col. 5
Special Provisions

UN0083

EXPLOSIVE, BLASTING TYPE C

1.1D

1


Col. 6

Explosive Limit and Limited Quantity Index

Col. 7

ERAP Index

Col. 8

Passenger Carrying
Ship Index

Col. 9
Passenger Carrying
Road Vehicle or
Passenger Carrying Railway Vehicle Index

Col. 10

Marine Pollutant

25

75

10

Forbidden

 

7. The portion of the data for UN1418 of Schedule 1 to the English version of the Regulations in Col. 2 to Col. 10 is replaced by the following:

Col. 1

UN Number

Col. 2
Shipping Name and Description

Col. 3

Class

Col. 4
Packing Group/Category

Col. 5
Special Provisions

UN1418

MAGNESIUM ALLOYS, POWDER; or
MAGNESIUM POWDER

4.3 (4.2)



38


Col. 6

Explosive Limit and Limited Quantity Index

Col. 7

ERAP Index

Col. 8

Passenger Carrying Ship Index

Col. 9
Passenger Carrying Road Vehicle or Passenger Carrying Railway Vehicle Index

Col. 10

Marine Pollutant

0

0

0

1 000

 

Forbidden

15

25

 

8. The portion of the data for UN1978 of Schedule 1 to the Regulations in Col. 2 to Col. 10 is replaced by the following:

Col. 1

UN Number

Col. 2
Shipping Name
and Description

Col. 3

Class

Col. 4
Packing
Group/ Category

Col. 5
Special
Provisions

UN1978

PROPANE

2.1

 

88


Col. 6

Explosive Limit and Limited Quantity Index

Col. 7

ERAP Index

Col. 8

Passenger Carrying Ship Index

Col. 9
Passenger Carrying Road Vehicle or Passenger Carrying Railway Vehicle Index

Col. 10

Marine Pollutant

0.125

3 000

65

Forbidden

 

9. The italicized text after special provision 38 of Schedule 2 to the Regulations is replaced by the following:

UN1001, UN1045, UN1058, UN1081, UN1194, UN1204, UN1222, UN1259, UN1261, UN1308, UN1310, UN1320, UN1321, UN1322, UN1324, UN1336, UN1337, UN1344, UN1347, UN1348, UN1349, UN1354, UN1355, UN1356, UN1357, UN1360, UN1378, UN1380, UN1383, UN1389, UN1391, UN1392, UN1396, UN1404, UN1407, UN1409, UN1410, UN1411, UN1413, UN1414, UN1415, UN1418, UN1419, UN1421, UN1426, UN1427, UN1432, UN1433, UN1436, UN1491, UN1504, UN1510, UN1517, UN1556, UN1557, UN1569, UN1571, UN1575, UN1582, UN1589, UN1612, UN1614, UN1660, UN1693, UN1697 to UN1701, UN1714, UN1748, UN1749, UN1854, UN1855, UN1859, UN1865, UN1868, UN1870, UN1889, UN1911, UN1953, UN1955, UN1957, UN1959, UN1967, UN1975, UN1982, UN1994, UN2006, UN2008, UN2010, UN2011, UN2012, UN2013, UN2188, UN2189, UN2190, UN2192, UN2194 to UN2199, UN2202, UN2203, UN2204, UN2417, UN2418, UN2420, UN2421, UN2451, UN2463, UN2466, UN2471, UN2480, UN2545, UN2546, UN2547, UN2548, UN2555, UN2556, UN2557, UN2626, UN2627, UN2676, UN2741, UN2806, UN2813, UN2846, UN2852, UN2870, UN2881, UN2901, UN2907, UN2956, UN2988, UN3048, UN3064, UN3083, UN3094, UN3095, UN3096, UN3101 to UN3108, UN3124, UN3125, UN3129, UN3130, UN3131, UN3132, UN3134, UN3135, UN3148, UN3160, UN3162, UN3221 to UN3230, UN3248, UN3249, UN3303 to UN3310, UN3317, UN3355

10. The italicized text after special provision 39 of Schedule 2 to the Regulations is replaced by the following:

UN2800

11. Special provision 82 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

82 These dangerous goods require an emergency response assistance plan in accordance with subsection 7.1(6) of Part 7, Emergency Response Assistance Plan.

UN1202, UN1203, UN1863

12. Special provision 84 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

84 The infectious substances identified in subsection 7.1(7) of Part 7, Emergency Response Assistance Plan, require an emergency response assistance plan.

UN2814, UN2900

13. The portion of English Sequence Number 182 of Schedule 3 to the English version of the Regulations in Col. 4 is replaced by the following:

Col. 1
English Sequence Number

Col. 4
Primary Class

182

8

14. The portion of English Sequence Number 223 of Schedule 3 to the English version of the Regulations in Col. 4 is replaced by the following:

Col. 1
English Sequence Number

Col. 4
Primary Class

223

2.3

15. The portion of French Sequence Number 262 of Schedule 3 to the French version of the Regulations in Col. 2 is replaced by the following:

Col. 1
Numéro d’ordre français

Col. 2
Numéro d’ordre anglais

262

145 ou 223

16. The portion of French Sequence Number 489 of Schedule 3 to the French version of the Regulations in Col. 3 is replaced by the following:

Col. 1
Numéro d’ordre français

Col. 3
Description

489

ESSENCE

COMING INTO FORCE

17. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992) and the Transportation of Dangerous Goods Regulations (TDG Regulations) are intended to promote public safety in the transportation of dangerous goods in Canada.

Recent amendments to the TDG Regulations extended an exemption beyond the general public to include all persons handling, offering for transport or transporting up to 150 kg of certain dangerous goods (e.g., flammable liquids) with the result that these exempted dangerous goods could be offered to a carrier without the carrier being aware of them. This could lead to a potential risk to public safety as well as an economic disadvantage for those who incur additional costs by fully complying with the TDGR.

Section 7.1 (Requirement for an Emergency Response Assistance Plan (ERAP)) was also changed in recent amendments and enforcement personnel, industry groups, the Transportation Safety Board of Canada and emergency responders have raised concerns about those changes regarding interpretation, implementation, and enforcement and, in particular, the accumulation of large quantities of gases in interconnected means of containment (usually referred to as a tube trailer). Each individual means of containment could have a capacity greater than 225 L. Consequently, a clear indication was required regarding the need for an ERAP if the capacity of each means of containment exceeds 225 L.

Description and rationale

150 kg exemption

The amendment to section 1.15 requires that the dangerous goods must be in a quantity or concentration available to the general public and that only the user or purchaser of the dangerous goods transport them or that a retailer transport the dangerous goods to or from the user or purchaser of the dangerous goods.

This amendment is not intended to limit the scope of the exemption or to prevent industry from taking advantage of the exemption. The amendment is intended to remove the possibility of a transferable exemption that could lead to situations where carriers, including air carriers, are unaware they are transporting dangerous goods. The dangerous goods do not have to be purchased at a retail outlet. A contractor may obtain the dangerous goods, for example, at a place that is not open to the general public but that sells the dangerous goods in a quantity or concentration the general public could purchase elsewhere.

ERAP requirements

Section 7.1 of the TDG Regulations deals with the requirements for an ERAP. The section has been re-organized and some new provisions have been added either to respond to stakeholder concerns or to improve the clarity of the regulatory text. The notable changes are outlined below:

  • an approved ERAP is required for dangerous goods in an accumulation of large means of containment. Recent amendments introduced the complex concept of an accumulation of dangerous goods in means of containment where each means of containment has a capacity greater than 10 per cent of the ERAP limit. This amendment eliminates this complex concept because it is an administrative burden and is difficult to enforce, especially in pick-up and delivery scenarios where the total quantity of dangerous goods fluctuates below or above the ERAP limit;
  • an approved ERAP is required for an accumulation of explosives that have an ERAP index number in column 7 of Schedule 1. The concept of basing the ERAP requirement on the explosives with the lowest index number in column 7 of Schedule 1 is added for clarification. These changes are based on the possibility that, in the event of an accident, the explosives, for which an ERAP is required, would all explode en masse despite having different UN numbers. This assures that shipments of explosives in quantities requiring an ERAP do, in fact, have one;
  • an approved ERAP is required for the accumulation of interconnected means of containment, containing dangerous goods included in Class 2, Gases, when each means of containment has a capacity greater than 225 L. This is intended to capture cylinders and tubes that are interconnected (transported in what is usually referred to as a tube trailer). This change recognizes that a trailer with an accumulation of dangerous goods in interconnected cylinders and tubes poses a risk similar to a trailer with a single load of the same dangerous goods, when the quantity exceeds the ERAP limit, and would be treated in the same manner. This change addresses the acute danger to the public and the intervention efforts required to mitigate an accidental release of the dangerous goods transported in this manner;
  • the Regulations pre-published in Part Ⅰ of the Canada Gazette lowered the number of rail tank cars carrying certain flammable liquids to a “string” of 17 or more that are 50 per cent or more full. As a result of comments, 50 per cent has been changed to 70 per cent. The intent of subsection 7.1(6) is to avoid combinations of strings or rail cars where the average quantity of flammable liquids would be less than 70 per cent and, therefore, an ERAP would not be required.
  • subsection 7.1(8), is changed by deleting the reference to dangerous goods with the same UN number and the 100 L threshold for gases. This threshold for the accumulation of gases in means of containment that have a capacity less than, equal to or greater than 100 L creates confusion in interpretation, implementation and enforcement. The text returns to the wording before Amendment 6;
  • the intent of subsection 7.1(9) is to state the circumstances under which a person who is required to have an approved ERAP, but does not have one, may show the number of another person’s approved ERAP on a shipping document. A reference to distributors is added in paragraph (a) to allow persons who offer for transport or import dangerous goods to use a distributor’s approved ERAP when the dangerous goods are being returned to the distributor. A distributor is not mentioned in the portion of subsection 7.1(9) before paragraph (a) because the manufacturer or producer must always have an approved ERAP when one is required. That is not the case for a distributor. A distributor may hold an approved ERAP but may also use the approved ERAP of a manufacturer or producer;
  • the person who holds an approved ERAP and who allows another person to use that ERAP is required to advise the Director General, in writing, of the name of the person who will use the approved ERAP. This is considered necessary for safety purposes to determine, in the event of an incident, which ERAP should be activated.

There are also editorial changes to Schedules 1, 2 and 3 that align shipping names, classes, packing groups, and special provisions between the schedules, and in some cases aligns the English and French texts in the schedules.

The amendments are expected to enhance the functioning of the transportation of dangerous goods regulatory program. It is anticipated that the amendments will have a minimal but positive impact on the way consignors and carriers of dangerous goods do business.

Consultation

Consultation included the identification of issues and concerns, and a major effort to obtain a wide consensus, involving groups and organizations responsible for public safety. Clarity and presentation of the text, costs and benefits, alternatives, enforcement policies and public safety initiatives were raised and discussed. The proposed amendments were presented to the following:

(1) members of the Federal/Provincial/Territories TDG Task Force, spring 2008;

(2) members of the Transportation of Dangerous Goods General Policy Advisory Council, spring 2008;

(3) members of the Multi-Association Committee on Transportation of Dangerous Goods (MACTDG), summer 2008;

(4) the general public through the Transportation of Dangerous Goods Web site, spring and summer 2008; and

(5) the five TDG regional offices, spring and summer 2008;

Comments were received from provincial authorities, road, rail, marine and air transport, chemical industries, training facilities, and designated inspectors.

The proposed Amendment was pre-published in the Canada Gazette, Part Ⅰ, on May 2, 2009, followed by a 75-day comment period. Nineteen comments were received.

Stakeholders generally supported the amendment in Part Ⅰ of the Canada Gazette.

In the Spring 2010, changes to the text of the amendment, based on comments received from the pre-publication in Part Ⅰ of the Canada Gazette were provided to the Federal/Provincial/ Territories TDG Task Force, to the Transportation of Dangerous Goods General Policy Advisory Council and to the general public on the Transportation of Dangerous Goods Web site.

As a result of comments, editorial changes have been made to several subsections to assure that the Regulatory intent is clear.

As a result of comments on the proposed text of subsection 7.1(6) in Part Ⅰ of the Canada Gazette, 50 per cent has been changed to 70 per cent. The intent of this subsection is to avoid combinations of strings of rail tank cars where the average quantity of flammable liquids would be less than 70 per cent and, therefore, an ERAP would not be required.

Some commentors were concerned that allowing a person to use the approved ERAP of another person would compromise financial sustainability of an association when the holder of an approved ERAP belongs to an association and the person who has permission to use the approved ERAP might not be a member of that organization. In addition, some organizations that specialize in emergency response were concerned that they might not have a contract with the person who uses another person’s approved ERAP and might not be aware that the permission has been granted.

This concern is addressed in subsection (9) which includes a requirement for the person who holds an approved ERAP to give permission, in writing, for that ERAP to be used and to be shown on a shipping document and to undertake to respond to an emergency on behalf of that person. The response contractors and associations can further limit the circumstances where a client or member can allow the use of their ERAP through contractual agreements. The limitations imposed by the contractor or association would then also be addressed in the ERAP approval issued by Transport Canada. Any contractual agreements must be included in the ERAP application and will be verified by Transport Canada before an ERAP is approved.

In June 2010, there was a further consultation meeting with members of the Transportation of Dangerous Goods General Policy Advisory Council, regarding specific issues related to bridge traffic and the identification of an importer. Two stakeholders were concerned about the ERAP requirements for “bridge traffic”. Bridge traffic is transporting dangerous goods from a place outside Canada, through Canada to a place outside Canada. The Act sets out when an ERAP is required for dangerous goods identified in the Regulations as requiring an ERAP, that is, for importing, or offering for transport, or, where no other person is required to have an ERAP, for handling or transporting the dangerous goods. The only circumstance where there is no person in Canada who is offering for transport or importing the dangerous goods is bridge traffic. Consequently, the carrier is responsible for having an approved ERAP when an ERAP is required. However, subsection 7.1(9) of the amendment allows the carrier to use another person’s ERAP. This Amendment does not change the ERAP requirements for bridge traffic that have been in effect for many years.

A new subsection (10) was added after pre-publication in Part Ⅰ of the Canada Gazette which requires the person who holds an approved ERAP and who allows another person to use that ERAP to advise the Director General, in writing, of the name of the person who will use the approved ERAP. The addition of this subsection is considered necessary for safety purposes to determine, in the event of an incident, which ERAP should be activated.

The editorial changes to Schedules 1, 2 and 3 were added after pre-publication in Part Ⅰ of the Canada Gazette. These changes respond to numerous requests from stakeholders received before pre-publication of Amendment 8. These editorial changes align shipping names, classes, packing groups, special provisions between the schedules and in some cases aligns the English and French texts.

Implementation, enforcement and service standards

Compliance with the TDG Act, 1992, and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces that inspect all modes of transport and all consignors of dangerous goods. These inspectors assure that the various safety standards, rules and requirements of the TDG Act, 1992 and the TDG Regulations are complied with.

The amendment has minimal impact on the TDG Directorate’s Compliance Strategy, which is based on the premise that dangerous goods are correctly prepared and safely offered for transport. Enforcement focuses on inspection sites that have the greatest impact on levels of compliance. As a result, scheduled inspections under the TDG Program remain focused mainly on those locations where dangerous goods first enter transport and on dangerous goods that present a high risk to public safety if they are released in an uncontrolled manner.

Contact

For further information on the amendments to the TDG Regulations, please contact

Ms. Joanne St-Onge
Legislation and Regulations
Transport Dangerous Goods Directorate
Transport Canada
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-1159
Fax: 613-993-5925
Email: joanne.st-onge@tc.gc.ca

Footnote a
S.C. 2009, c. 9, s. 29(1)

Footnote b
S.C. 1992, c. 34

Footnote c
S.C. 2009, c. 9, s. 25

Footnote d
S.C. 1992, c. 34

Footnote 1
SOR/2001-286