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SOR/2014-152 June 13, 2014

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)

P.C. 2014-677 June 12, 2014

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 (Update of Standards), substantially in the annexed form, was published in the Canada Gazette, Part I, on November 16, 2013 and a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Safety Standard TP14877: Containers for Transport of Dangerous Goods by Rail), substantially in the annexed form, was published in the Canada Gazette, Part I, on January 11, 2014, and a reasonable opportunity was given 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 sections 27 (see footnote c) and 27.1 (see footnote d) of the Transportation of Dangerous Goods Act, 1992 (see footnote e), makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards).

REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (UPDATE OF STANDARDS)

AMENDMENTS

1. (1) The entry for section 1.10 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is struck out.

(2) The entry for section 1.44 in the Table of Contents of Part 1 of the Regulations is replaced by the following:

Residue of Dangerous Goods in a Drum Exemption ...................................................... 1.44

2. The portion of section 1.3.1 of the Regulations after the title is replaced by the following:

A document set out in column 2 of the table to this section is a safety standard or a safety requirement. If the document is referred to in these Regulations, it is referred to by the short form set out in column 1.

Because the short forms are set out alphabetically in each language, the corresponding item number in the French-language table is shown in parentheses under the English-language item number.

Some documents set out in the table are not mentioned in these Regulations; they are, however, referred to in documents that are mentioned in these Regulations.

TABLE

Item Column 1

Short Form
Column 2

Safety Standard or Safety Requirement
1 (22) ASTM Corrosion Test ASTM G 31-72, “Standard Practice for Laboratory Immersion Corrosion Testing of Metals”, May 30, 1972, as reapproved in 1995, published by the American Society for Testing and Materials (ASTM)
2
(1)
ASTM D 1200 ASTM D 1200-94, “Standard Test Method for Viscosity by Ford Viscosity Cup”, August 15, 1994, published by the American Society for Testing and Materials (ASTM)
3
(2)
ASTM D 4359 ASTM D 4359-90, “Standard Test Method for Determining Whether a Material Is a Liquid or a Solid”, July 1990, published by the American Society for Testing and Materials (ASTM)
4
(3)
ASTM F 852 ASTM F 852-86, “Standard Specification for Portable Gasoline Containers for Consumer Use”, June 1986, published by the American Society for Testing and Materials (ASTM)
5
(4)
49 CFR Parts 171 to 180 of Title 49 of the “Code of Federal Regulations” of the United States, 2010, but does not include Subpart B of Part 107 when that subpart is referenced in Parts 171 to 180
6
(5)
CGA P-20 “Standard for Classification of Toxic Gas Mixtures”, Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA)
7
(6)
CGSB-32.301 National Standard of Canada CAN/CGSB-32.301-M87, “Canola Meal”, April 1987, published by the Canadian General Standards Board (CGSB)
8
(7)
CGSB-43.123 Canadian General Standards Board, CGSB-43.123-2010, “Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods”, June 2010, published by the Canadian General Standards Board (CGSB)
9
(8)
CGSB-43.125 National Standard of Canada CAN/CGSB-43.125-99, “Packaging of Infectious Substances, Diagnostic Specimens, Biological Products and Biomedical Waste for Transport”, May 1999, published by the Canadian General Standards Board (CGSB)
10 (9) CGSB-43.126 Canadian General Standards Board, CGSB-43.126-2008, “Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods”, September 2008, published by the Canadian General Standards Board (CGSB)
11 (10) CGSB-43.146 National Standard of Canada CAN/CGSB-43.146-2002, “Design, Manufacture and Use of Intermediate Bulk Containers for the Transportation of Dangerous Goods”, January 2002, published by the Canadian General Standards Board (CGSB)
12 (11) CGSB-43.151 National Standard of Canada CAN/CGSB-43.151-97, “Packing of Explosives (Class 1) for Transportation”, December 1997, published by the Canadian General Standards Board (CGSB)
13 (13) CSA B339 CSA Standard B339-08, “Cylinders, spheres, and tubes for the transportation of dangerous goods”, March 2008, published by the Canadian Standards Association (CSA)
14 (14) CSA B340 CSA Standard B340-08, “Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2”, March 2008, published by the Canadian Standards Association (CSA)
15 (15) CSA B341 CSA Standard B341-09, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”, March 2009, published by the Canadian Standards Association (CSA)
16 (16) CSA B342 CSA Standard B342-09, “Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2”, March 2009, published by the Canadian Standards Association (CSA)
17 (17) CSA B620 CSA Standard B620-09, “Highway tanks and TC portable tanks for the transportation of dangerous goods”, January 2009, published by the Canadian Standards Association (CSA)
18 (18) CSA B621 CSA Standard B621-09, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”, January 2009, published by the Canadian Standards Association (CSA)
19 (19) CSA B622 CSA Standard B622-09, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”, January 2009, published by the Canadian Standards Association (CSA)
20 (20) CSA B625 CSA Standard B625-08, “Portable tanks for the transport of dangerous goods”, July 2008, published by the Canadian Standards Association (CSA)
21 (21) CSA B626 CSA Standard B626-09, “Portable tank specification TC 44”, February 2009, published by the Canadian Standards Association (CSA)
22 (23) ICAO Technical Instructions “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2011-2012 Edition, published by the International Civil Aviation Organization (ICAO)
23 (12) IMDG Code Volumes 1 and 2 of the “International Maritime Dangerous Goods Code”, 2010 Edition, including Amendment 35-10, published by the International Maritime Organization (IMO)
24 (24) ISO 2431 International Standard ISO 2431, “Paints and varnishes — Determination of flow time by use of flow cups”, Fourth Edition, February 15, 1993, including Technical Corrigendum 1, 1994, published by the International Organization for Standardization (ISO)
25 (25) ISO 2592 International Standard ISO 2592:2000(E), “Determination of flash and fire points — Cleveland open cup method”, Second Edition, September 15, 2000, published by the International Organization for Standardization (ISO)
26 (26) ISO 9328-2 International Standard ISO 9328-2, “Steel plates and strips for pressure purposes — Technical delivery conditions — Part 2: Unalloyed and low-alloyed steels with specified room temperature and elevated temperature properties”, First Edition, December 1, 1991, published by the International Organization for Standardization (ISO)
27 (27) ISO 10156 International Standard ISO 10156, “Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets”, Second Edition, February 15, 1996, published by the International Organization for Standardization (ISO)
28 (28) ISO 10298 International Standard ISO 10298, “Determination of toxicity of a gas or gas mixture”, First Edition, December 15, 1995, published by the International Organization for Standardization (ISO)
29 (30) Manual of Tests and Criteria “Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria”, Fifth Revised Edition, 2009, published by the United Nations (UN)
30 (31) MIL-D-23119G MIL-D-23119G, “Military Specification: Drums, Fabric, Collapsible, Liquid Fuel, Cylindrical, 500-Gallon Capacity”, July 15, 1992, published by the United States Department of Defense
31 (32) MIL-T-52983G MIL-T-52983G, “Military Specification: Tanks, Fabric, Collapsible: 3,000, 10,000, 20,000 and 50,000 Gallon, Fuel”, May 11, 1994, published by the United States Department of Defense
32 (29) OECD Guidelines OECD Guidelines for Testing of Chemicals No. 404, “Acute Dermal Irritation/Corrosion”, July 17, 1992, published by the Organization for Economic Co-operation and Development (OECD)
33 (34) Supplement to the ICAO Technical Instructions Supplement to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2011-2012 Edition, published by the International Civil Aviation Organization (ICAO)
34 (35) TP14850 Transport Canada Standard TP14850E, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and, 9, a Transport Canada Standard”, 2nd Edition, October 2010, published by the Department of Transport
35 (36) TP14877 Transport Canada Standard TP14877E, “Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard”, December 2013, published by the Department of Transport
36 (37) ULC Standard S504 National Standard of Canada CAN/ULC-S504-02, “Standard for Dry Chemical Fire Extinguishers”, Second Edition, August 14, 2002, as amended January 2007, August 2007 and April 2009, published by Underwriters’ Laboratories of Canada
37 (38) ULC Standard S507 National Standard of Canada CAN/ULC-S507-05, “Standard for Water Fire Extinguishers”, Fourth Edition, February 28, 2005, as amended January 2007, published by Underwriters’ Laboratories of Canada
38 (39) ULC Standard S512 National Standard of Canada CAN/ULC-S512-M87, “Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers”, April 1987, as amended March 1989, March 1990, April 1993, September 1996, September 1997 and April 1999, and reaffirmed February 2007, published by Underwriters’ Laboratories of Canada
39 (40) ULC Standard S554 National Standard of Canada CAN/ULC-S554-05, “Standard for Water Based Agent Fire Extinguishers”, Second Edition, February 28, 2005, and reaffirmed 2010, published by Underwriters’ Laboratories of Canada
40 (33) UN Recommendations “Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN)

3. The definitions “49 CFR”, “ICAO Technical Instructions”, “IMDG Code”, “IMDG Code, 29th Amendment”, “Manual of Tests and Criteria”, “Supplement to the ICAO Technical Instructions” and “UN Recommendations” in section 1.4 of the Regulations are repealed.

4. The portion of section 1.9 of the Regulations after the title is replaced by the following:

A person who is required or permitted by these Regulations to comply with all or a portion of the ICAO Technical Instructions, the IMDG Code or 49 CFR may comply with the most recent version of those documents rather than the version set out in the table to section 1.3.1.

5. Section 1.10 of the Regulations is repealed.

6. (1) Subparagraph 1.15(1)(a)(i) of the Regulations is replaced by the following:

(i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, except that, in the case of dangerous goods that are UN1950, AEROSOLS, the requirement for aerosol containers to be tightly packed in a wood, fibreboard or plastic box does not apply to a user or purchaser, or

(2) The italicized text after subparagraph 1.15(1)(a)(i) of the Regulations is struck out.

7. The title of section 1.44 of the Regulations is replaced by the following:

1.44 Residue of Dangerous Goods in a Drum Exemption

8. Paragraph 1.44(b) of the Regulations is replaced by the following:

(b) the drum is being transported for the purpose of reconditioning or reuse in accordance with section 5.12 of Part 5, Means of Containment;

9. The Table of Contents of Part 2 of the Regulations is amended by adding the following after the entry for section 2.2:

Proof of Classification .............................................................................................. 2.2.1

10. The italicized list after the heading “Definitions” in Part 2 of the Regulations is amended by adding the following in alphabetical order:

technical name

11. Subsection 2.2(3) of the Regulations is amended by adding “or” after paragraph (a) and by repealing paragraphs (c) and (d).

12. Part 2 of the Regulations is amended by adding the following after section 2.2:

2.2.1 Proof of Classification

(1) A consignor who allows a carrier to take possession of dangerous goods for transport or who imports dangerous goods into Canada must, during a five-year period that begins on the date that appears on the shipping document, make a proof of classification available to the Minister on reasonable notice given by the Minister.

(2) For the purposes of this section, a proof of classification is

  • (a) a test report;
  • (b) a lab report; or
  • (c) a document that explains how the dangerous goods were classified.

Figures 10.5 and 20.2 of the Manual of Tests and Criteria are examples of test reports.

A safety data sheet (SDS) is an acceptable proof of classification if it is accompanied by an explanation, under the heading “Transportation Information”, that describes how the dangerous goods were classified.

(3) A proof of classification must include the following information:

  • (a) the date on which the dangerous goods were classified;
  • (b) if applicable, the technical name of the dangerous goods;
  • (c) the classification of the dangerous goods; and
  • (d) if applicable, the classification method used under this Part or under Chapter 2 of the UN Recommendations.

13. The Table of Contents of Part 3 of the Regulations is amended by adding the following after the entry for section 3.6:

Consignor’s Certification ............................................................................................ 3.6.1

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

  • 49 CFR
  • ICAO Technical Instructions
  • IMDG Code

15. Part 3 of the Regulations is amended by adding the following after section 3.6:

3.6.1 Consignor’s Certification

(1) Beginning on July 15, 2015, a shipping document must include, after the information required under section 3.5, one of the following certifications:

  • (a) “I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, are properly classified and packaged, have dangerous goods safety marks properly affixed or displayed on them, and are in all respects in proper condition for transport according to the Transportation of Dangerous Goods Regulations.”;
  • (b) the certification set out in section 172.204 of 49 CFR;
  • (c) the certification set out in section 5.4.1.6 of the ICAO Technical Instructions;
  • (d) the certification set out in section 5.4.1.6 of the IMDG Code; or
  • (e) the certification set out in section 5.4.1.6 of the UN Recommendations.

(2) The certification must be made by an individual who is the consignor or by an individual acting on behalf of the consignor and must set out that individual’s name.

(3) This section does not apply in respect of an empty large means of containment that contained dangerous goods but has not been cleaned or purged.

16. (1) The Table of Contents of Part 5 of the Regulations is amended by adding the following after the entry for section 5.5:

Application of Clause 10.5.3 of TP14877 ...................................................................... 5.5.1

(2) The entry for section 5.11 in the Table of Contents of Part 5 of the Regulations is replaced by the following:

UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES ................................................... 5.11

(3) The entry for section 5.13 in the Table of Contents of Part 5 of the Regulations is struck out.

(4) The entries for sections 5.14.1 to 5.15.1 in the Table of Contents of Part 5 of the Regulations are struck out.

17. The Regulations are amended by adding the following after section 5.5:

5.5.1 Application of Clause 10.5.3 of TP14877

The requirements of clause 10.5.3 of TP14877 also apply to tank cars used in the handling, offering for transport, or transporting of the following dangerous goods included in packing group III:

(a) UN1267, PETROLEUM CRUDE OIL; and

(b) UN1268, PETROLEUM PRODUCTS, N.O.S.

18. Subparagraph 5.6(a)(iii) of the Regulations is replaced by the following:

(iii) sections 2 and 3 and Part 1 of TP14850; or

19. (1) Subsection 5.10(1) of the Regulations is replaced by the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 2, Gases, in a means of containment unless the means of containment is manufactured, selected and used in accordance with

  • (a) for transport by road vehicle,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a),
    • (iii) CSA B342,
    • (iv) CSA B622, except clause 4.3, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,
    • (v) CSA B625, or
    • (vi) TP14877, if the means of containment is a ton container;
  • (b) for transport by railway vehicle,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) TP14877,
    • (iii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a),
    • (iv) CSA B342, or
    • (v) CSA B625;
  • (c) for transport by aircraft,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a), or
    • (iii) CSA B342; and
  • (d) for transport by ship,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) TP14877,
    • (iii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a),
    • (iv) CSA B342,
    • (v) CSA B622, except clause 4.3, and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (vi) CSA B625.

(2) The portion of subsection 5.10(2) of the Regulations before paragraph (a) is replaced by the following:

(2) In addition to complying with the requirements set out in subparagraphs (1)(a)(ii), (b)(iii), (c)(ii) and (d)(iii), a person who uses a means of containment that is a cylinder or tube to handle, offer for transport or transport dangerous goods included in Class 2, Gases, must use a cylinder or tube that was

(3) Subsections 5.10(3) and (4) of the Regulations are replaced by the following:

(3) A person must not handle, offer for transport or transport in Canada a cylinder that contains any dangerous goods listed in Table 7 of CSA B340 that are in pure form or that are part of mixtures included in Class 2.3 if the means of containment is an aluminum alloy cylinder manufactured before August 1990.

(4) An independent inspector referred to in CSA B339 who prepares a certificate of compliance and test report that is referred to in clause 4.19 of that standard must give a copy of the report to the manufacturer of the means of containment. The independent inspector and the manufacturer must each keep a copy of the report for 3 years for a means of containment that is a specification TC-39M cylinder and for 15 years for all other means of containment.

20. Section 5.11 of the Regulations is replaced by the following:

5.11 UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES

Despite section 5.10, a person must not handle, offer for transport or transport dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, unless they are contained in a means of containment that is manufactured, selected and used in accordance with CGSB-43.123.

21. (1) The italicized text after the title of section 5.12 of the Regulations is struck out.

(2) Subsection 5.12(1) of the Regulations is replaced by the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a UN standardized means of containment that is selected and used in accordance with sections 2, 3 and 12 of CGSB-43.146 or a means of containment that is selected and used in accordance with sections 2 and 3 and Part 2 of TP14850.

(3) Subsection 5.12(3) of the Regulations is repealed.

22. Section 5.13 of the Regulations is repealed.

23. Subsection 5.14(1) of the Regulations is replaced by the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a large means of containment unless it is manufactured, selected and used in accordance with

  • (a) for transport by road vehicle,
    • (i) the requirements of sections 2, 3, 12 and 13 of CGSB-43.146, if the means of containment is a UN standardized means of containment,
    • (ii) CSA B621, except clause 8.2(b), and, despite any indication to the contrary in CSA B620, Annex B of CSA B620,
    • (iii) CSA B625, or
    • (iv) TP14877, if the means of containment is a ton container;
  • (b) for transport by railway vehicle,
    • (i) the requirements of sections 2, 3, 12 and 13 of CGSB-43.146, if the means of containment is a UN standardized means of containment,
    • (ii) TP14877, or
    • (iii) CSA B625;
  • (c) for transport by aircraft, Part 12, Air, of these Regulations; and
  • (d) for transport by ship,
    • (i) the requirements of sections 2, 3, 12 and 13 of CGSB-43.146, if the means of containment is a UN standardized means of containment,
    • (ii) TP14877,
    • (iii) CSA B621, except clause 8.2(b), and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (iv) CSA B625.

24. Sections 5.14.1 to 5.15.1 of the Regulations are repealed.

25. Subsection 7.1(12) of the Regulations is replaced by the following:

(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 subsection 2.2(4) of that Part.

26. Paragraph 10.7(4)(a) of the Regulations is replaced by the following:

(a) a visual inspection and a structural integrity inspection in accordance with clause 9.5.6(a) and clause 9.5.7 of TP14877; and

27. Subparagraph 11.1(2)(c)(iv) of the Regulations is replaced by the following:

(iv) section 5.10, Means of Containment for Class 2, Gases, and section 5.11, UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES; and

28. The entry for section 12.8 in the Table of Contents of Part 12 of the Regulations is replaced by the following:

Packing Instruction Y963 ........................................................................................ 12.8

29. The portion of section 12.3 of the Regulations after the title is replaced by the following:

Despite subsection 12.1(1), the following text replaces subsection 4.1.5 in section 4.1, Information to the pilot-incommand, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions:

“4.1.5 The information provided to the pilot-in-command must be presented on a dedicated form and not by means of air waybills, dangerous goods transport documents, invoices, etc.”

30. Subsection 12.4(2) of the Regulations is replaced by the following:

(2) Despite paragraph 1.1.2(n) of Chapter 1, Provisions for dangerous good carried by passengers or crew, of Part 8, Provisions Concerning Passengers and Crew, of the ICAO Technical Instructions, ammunition, or ammunition loaded in a firearm, with the UN number and shipping name UN0012, CARTRIDGES FOR WEAPONS, INERT PROJECTILE, or CARTRIDGES, SMALL ARMS, or UN0014, CARTRIDGES FOR WEAPONS, BLANK, or CARTRIDGES, SMALL ARMS, BLANK, may be transported on board an aircraft by a peace officer as defined in section 3 of the “Canadian Aviation Security Regulations, 2012” or by an in-flight security officer.

31. (1) The portion of subsection 12.5(1) of the Regulations before paragraph (a) is replaced by the following:

(1) A person may handle, offer for transport or transport by aircraft within Canada explosives that are forbidden for transport in any of columns 10 to 13 of Table 3-1, Dangerous Goods List, in Chapter 2, Arrangement of the dangerous goods list (Table 3-1), of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities, of the ICAO Technical Instructions if

(2) Subparagraph 12.5(1)(a)(ii) of the Regulations is replaced by the following:

(ii) the quantity limits and the packing instructions set out in columns 10 to 13 of Table S-3-1, Supplementary Dangerous Goods List, in Chapter 2, Dangerous goods list, of Part S-3, Dangerous Goods List and Limited Quantities Exceptions, of the Supplement to the ICAO Technical Instructions, and

(3) Subparagraph 12.5(1)(c)(iv) of the Regulations is replaced by the following:

  • (iv) are in a means of containment that is required for them by the packing instructions set out in Chapter 3, Class 1 — Explosives, of Part S-4, Packing Instructions, of the Supplement to the ICAO Technical Instructions; and

32. (1) The title of section 12.8 of the Regulations is replaced by the following:

12.8 Packing Instruction Y963

(2) Subparagraph 12.8(1)(a)(ii) of the Regulations is replaced by the following:

  • (ii) the ICAO Technical Instructions, other than Chapter 2, Package markings, Chapter 3, Labelling, and Chapter 4, Documentation, of Part 5, Shipper’s Responsibilities, and paragraphs (j) and (l) of Packing Instruction Y963 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions;

(3) Paragraph 12.8(2)(b) of the Regulations is replaced by the following:

(b) for liquids, except flammable liquids in a quantity less than or equal to 120 mL, display on two opposite sides of the means of containment a package orientation label illustrated in Figure 5-26 of Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions.

33. (1) Subparagraph 12.9(1)(b)(v) of the English version of the Regulations is replaced by the following:

  • (v) section 4.2, Information to be provided to employees, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities,

(2) Subparagraph 12.9(1)(b)(vii) of the Regulations is replaced by the following:

  • (vii) Table 7-1, “Segregation between packages”, of Chapter 1, Acceptance procedures, of Part 7, Operator’s Responsibilities;

(3) Subparagraph 12.9(1)(c)(iii) of the Regulations is replaced by the following:

(iii) contained in a means of containment that has displayed on it the package markings and labels required by Chapter 2, Package markings, except for section 2.4.2, and required by Chapter 3, Labelling, except for section 3.2.12, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions;

(4) Subsection 12.9(7) of the Regulations is replaced by the following:

(7) Dangerous goods that are UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED, or ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED, or VEHICLE, FLAMMABLE GAS POWERED, or VEHICLE, FLAMMABLE LIQUID POWERED, or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED, or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED, or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED, or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED, must be handled, offered for transport or transported in accordance with the following requirements in the ICAO Technical Instructions:

  • (a) Special Provision A87 of Chapter 3, Special provisions, of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities;
  • (b) Packing Instruction 950 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of
    • (i) UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED,
    • (ii) UN3166, VEHICLE, FLAMMABLE LIQUID POWERED,
    • (iii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED, or
    • (iv) UN3166, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED; and
  • (c) Packing Instruction 951 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of
    • (i) UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED,
    • (ii) UN3166, VEHICLE, FLAMMABLE GAS POWERED,
    • (iii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED, or
    • (iv) UN3166, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED.

(5) Clauses 12.9(11)(a)(ii)(A) and (B) of the Regulations are replaced by the following:

(A) for batteries with the UN number UN2794 or UN2795, Packing Instruction 870, and

(B) for batteries with the UN number UN2800, Packing Instruction 872; and

(6) Subparagraph 12.9(13)(d)(i) of the English version of the Regulations is replaced by the following:

  • (i) complies with section 4.3, Information to be provided by the pilot-in-command in case of in-flight emergency, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, or

34. (1) Paragraph 12.12(3)(f) of the English version of the Regulations is replaced by the following:

(f) when an in-flight emergency occurs and circumstances permit, the pilot-in-command complies with section 4.3, Information to be provided by the pilot-in-command in case of in-flight emergency, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions; and

(2) Subparagraph 12.12(3)(g)(ii) of the Regulations is replaced by the following:

  • (ii) segregates the means of containment that contain dangerous goods that could react dangerously with one another in case of an accidental release, in accordance with Table 7-1, “Segregation between packages”, of Chapter 1, Acceptance procedures, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions.

35. Subparagraph 12.13(c)(ii) of the Regulations is replaced by the following:

  • (ii) the activity of the measuring instrument does not exceed the applicable exception limit set out in the column entitled “Item limits” in Table 2-15, “Activity limits for excepted packages”, of Chapter 7, Class 7 — Radioactive material, of Part 2, Classification of Dangerous Goods, of the ICAO Technical Instructions.

36. Subsection 12.14(3) of the Regulations is amended by adding “and” after paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).

37. Schedule 1 to the Regulations is amended by striking out the number “26” in column 5 for UN Number UN3244.

38. Schedule 1 to the Regulations is amended by striking out the number “81” in column 5 for UN Numbers UN1841, UN1845, UN1921, UN1931, UN2807, UN2969, UN2990, UN3072, UN3166, UN3171 and UN3245.

39. Schedule 1 to the Regulations is amended by striking out the number “83” in column 5 for UN Numbers UN1133, UN1210, UN1263 and UN1866.

40. Schedule 1 to the Regulations is amended by striking out the number “89” in column 5 for UN Number UN1999.

41. The portion of UN Numbers UN1202 and UN1203 in column 5 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number
Col. 5

Special Provisions
UN1202 82, 88, 91
   
UN1203 17, 82, 88,91

42. The portion of UN Number UN1223 in column 5 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number
Col. 5

Special Provisions
UN1223 38, 91

43. The portion of UN Numbers UN1267 and UN1268 in column 5 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number
Col. 5

Special Provisions
UN1267 92
   
UN1268 92

44. The portion of UN Number UN1863 in column 5 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number
Col. 5

Special Provisions
UN1863 17, 82, 91
17, 82, 91
17, 82, 91

45. The portion of each entry with the UN Number UN3166 in column 2 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number
Col. 2

Shipping Name and Description
UN3166 ENGINE, INTERNAL COMBUSTION, or VEHICLE, FLAMMABLE GAS POWERED, or VEHICLE, FLAMMABLE LIQUID POWERED, or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED, or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED, or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED, or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED

46. (1) Special provision 26 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 26 of Schedule 2 to the Regulations is struck out.

47. Paragraph (a) of special provision 32 of Schedule 2 to the Regulations is replaced by the following:

(a) the large means of containment is in standard with CSA B621 for transport by road vehicle or with TP14877 for transport by railway vehicle; and

48. Special provision 80 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

80 Despite section 1.17 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, a person must not offer for transport or transport these dangerous goods unless they are in a means of containment that is in compliance with section 5.11 of Part 5, Means of Containment, except that the requirement for aerosol containers to be tightly packed in a wood, fibreboard or plastic box does not apply to a user or purchaser who transports no more than six aerosol containers.

For a similar rule respecting aerosol containers, see subparagraph 1.15(1)(a)(i) of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases.
UN1950

49. (1) Special provision 81 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 81 of Schedule 2 to the Regulations is struck out.

50. (1) Special provision 83 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 83 of Schedule 2 to the Regulations is struck out.

51. (1) Special provision 89 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 89 of Schedule 2 to the Regulations is struck out.

52. Schedule 2 to the Regulations is amended by adding the following after special provision 90:

91 Despite paragraph 13.1.5(c) of CGSB-43.146, these dangerous goods may, after January 1, 2010, be handled, offered for transport or transported in a means of containment on a road vehicle, a railway vehicle or a ship on a domestic voyage if the means of containment was manufactured before January 1, 2003 and the following information is set out on a metal label in a holder that is welded to the tank head or to another readily visible location on the tank:

  • (a) the name of the tank’s manufacturer;
  • (b) the metal thickness of the tank in millimetres;
  • (c) the capacity of the tank in litres;
  • (d) the year that the tank was manufactured;
  • (e) the label of the Underwriters’ Laboratories of Canada (ULC);
  • (f) the words “Mobile Refuelling Tank – UCL/ORD-C142.13”;
  • (g) the words “Not Authorized for Transport of Dangerous Goods Requiring a Specification Tank”;
  • (h) in the case of a tank designed for mounting on a truck or trailer platform, the words “This Tank Shall Be Secured to the Truck or Trailer Platform by the Means Provided By the Tank Manufacturer”; and
  • (i) in the case of a skid-equipped tank that provides clearances of at least 300 mm to grade, the words “Suitable for Towing over Graded Surfaces Only”.
  • UN1202, UN1203, UN1223 and UN1863

92

(1) The consignor must classify these dangerous goods on the basis of samples.

(2) The consignor must make available to the Minister, on reasonable notice given by the Minister, a document that explains the sampling method and includes the following information:

  • (a) the scope of the method;
  • (b) the sampling apparatus;
  • (c) the sampling procedures;
  • (d) the frequency and conditions of sampling; and
  • (e) a description of the quality control management system in place.
  • Many methods are available for the sampling of petroleum products. An example can be found in American Society for Testing and Materials Standard ASTM D4057-12, “Standard Practice for Manual Sampling of Petroleum and Petroleum Products”.
  • The frequency and conditions of sampling should allow for the variability of the dangerous goods to ensure representativeness. The classification assigned to the dangerous goods should reflect the properties of the dangerous goods during transport.
  • UN1267, UN1268

TRANSITIONAL PROVISION

53. A person may, for a period of six months that begins on July 15, 2014, comply with the Transportation of Dangerous Goods Regulations as they read on July 13, 2014.

COMING INTO FORCE

54. These Regulations come into force on July 15, 2014.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

There is a need for Canada to update the requirements for the design, manufacture and selection of tank cars for the transportation of dangerous goods by rail. The adoption of the new rail tank car manufacturing requirements, specifically for the DOT-111 tank car, needs to be accelerated because these tank cars will soon be manufactured in Canada, there is an increase in petroleum crude oil transport by rail, and there is a regulatory misalignment causing an administrative burden on industry.

Previously, the Transportation of Dangerous Goods Regulations (TDG Regulations) did not require consignor certification. Consignor certification is an international requirement and adopting it in Canada makes it easier for inspectors to find a contact person when a consignment is not compliant with the Regulations.

Under the previous Regulations, there is a lack of information on the sampling methods used by petroleum crude oil consignors and carriers for classification tests and the selection of the proper containers for their transport. The method used to sample the crude oil is very important in determining its classification because its composition depends on many factors. Petroleum crude oil is typically non-homogeneous, containing some percentage of sediment, water and volatile light ends.

The lack of a proof of classification in the TDG Regulations posed a challenge for inspectors trying to validate the classification information provided by the consignor for dangerous goods being offered for transport. The Transportation Safety Board (TSB) of Canada also made a recommendation in September 2013 to review classification procedures and processes.

There was also a need to update the following standards which either were no longer current or needed to be introduced in the TDG Regulations:

  • Several new standards in relation to new types of means of containment were not previously addressed in the TDG Regulations. These stem from the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), and include UN portable tanks and UN cylinders.
  • A number of safety standards on the manufacture, selection and use of means of containment for dangerous goods had been updated by organizations, such as the Canadian Standards Association (CSA) and the Canadian General Standards Board (CGSB). These safety standards, referenced in the TDG Regulations needed to be updated.
  • A safety standard for small means of containment that aligns the TDG Regulations with international and U.S. requirements was included in the TDG Regulations.
  • The references to the United States Code of Federal Regulations (49 CFR), the UN Recommendations, the UN Manual of Tests and Criteria, the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and its supplement also required updating, to facilitate understanding on the part of users, and simplify enforcement of the TDG Regulations.

Background

The TDG Regulations include requirements for the manufacture and use of means of containment for the handling, offering for transport and transporting of dangerous goods, primarily by referencing safety standards.

Transport Canada, in collaboration with standards developing organizations accredited by the Standards Council of Canada (SCC), develops safety standards, which are incorporated by reference in the TDG Regulations. The TDG Regulations also incorporate by reference international recommendations, such as the UN Recommendations, the IMDG Code and the ICAO Technical Instructions. These documents must be kept up to date with advances in technology, take into account actual service experience, respond to issues brought forward by stakeholders, and be kept harmonized with requirements in the United States and other countries. These standards are developed by consensus within standards committees.

These Regulations combine new requirements that were published at different times under two separate regulatory proposals in the Canada Gazette, Part I. The Regulations Amending the Transportation of Dangerous Goods Regulations (Safety Standard TP14877: Containers for Transport of Dangerous Goods by Rail) [http://gazette.gc.ca/rp-pr/p1/2014/2014-01-11/pdf/g1-14802.pdf], published January 11, 2014, proposed the adoption of a new standard for the manufacture and use of tank cars for the transportation of dangerous goods by rail, along with new requirements for the classification of dangerous goods. The proposal published on November 16, 2013, Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards) [http:// gazette.gc.ca/rp-pr/p1/2013/2013-11-16/pdf/g1-14746.pdf], sought to update standards incorporated by reference in the Regulations for the design, manufacture, selection and use of other means of containment such as highway tanks, portable tanks and cylinders. Since both proposals deal with updating technical standards, they have been combined into a single package in order to accelerate their adoption into the TDG Regulations.

Objectives

The modifications had two main objectives. First, the introduction of new and revised safety standards enhances safety by requiring the use of sturdier means of containment for the transport of dangerous goods in Canada.

Second, incorporating by reference more recent versions of international recommendations and Regulations, such as 49 CFR, addresses comments received during the consultations held under the Regulatory Cooperation Council and those of the Red Tape Initiative. This also increases reciprocity between Canada and the United States regarding means of containment regulatory requirements and reduces administrative burden on industry.

Description

The Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards) adopt the TP14877 standard published by Transport Canada, Containers for the Transport of Dangerous Goods by rail.

The amendment also introduces new requirements for documentation relating to the procedures and processes for classification of dangerous goods. This will help inspectors validate the classification of the dangerous goods, ensuring that they are transported in the proper means of containment and increasing safety. A document explaining the sampling methods used by consignors and carriers of petroleum crude oil is also required to be presented upon request, assisting Transport Canada in confirming that the petroleum products were correctly classified and that the proper tank car for transport by rail was chosen. This amendment also adds a requirement to include a consignor’s certification on the shipping document that will provide inspectors and emergency responders with the name of the individual who prepared the consignment, in order to obtain information about the dangerous goods offered for transport in a timely manner in the case of an incident or for enforcement purposes.

References to safety standards, to 49 CFR, to the UN Recommendations and to the UN Manual of Tests and Criteria, the IMDG Code and the ICAO Technical Instructions and its supplement have been updated.

The TDG Regulations adopt six new standards for new types of means of containment and update nine standards for means of containment already incorporated by reference in the TDG Regulations.

NEW STANDARDS
Rail tank cars

The TDG Regulations incorporate Transport Canada Standard Containers for the Transport of Dangerous Goods by rail, TP14877, by reference, replacing CGSB43.147-2005, amended in July 2008, to update certain tank car design requirements, and certain selection and use requirements to bring them into harmonization with current U.S. regulations.

The TDG Regulations introduce a new standard with the following requirements:

  • New requirements for half head shields, increased thickness of the shell and heads, and top-fitting protection for new DOT-111 tank cars;
  • Two new designs for cryogenic tank cars, as well as a new design for tank cars carrying liquefied natural gas or ethylene refrigerated liquid; these tank cars were both only allowed in Canada through an equivalency certificate;
  • Addition of a requirement for stub sill inspection;
  • Additional safety features on tank cars carrying between 120 000 to 130 000 kg (i.e. 263 000 to 286 000 lb.) of dangerous goods; and
  • Increase the requirements regarding pressure relief valves on aluminum tank cars to reduce non-accidental releases of dangerous goods, thereby reducing a worker’s risk of being exposed to the dangerous goods.
Small means of containment

Transport Canada publication TP14850, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9, a Transport Canada Standard”

This standard establishes requirements for the manufacture, selection and use of small means of containment for the transport of dangerous goods in Classes 3, 4, 5, 6.1, 8, and 9.

This amendment replaces the CGSB 43.150 standard with the new TP14850 standard. TP14850 is harmonized with the 16th revised edition of the UN Recommendations and covers the manufacture and use of a wide variety of small means of containment for the transport of dangerous goods, as well as addressing certain “special cases” that had been addressed to date through equivalency certificates. These small means of containment include containers for dangerous goods transported for disposal from collection facilities serving the general public, alternative combinations packaging also known as “lab packs,” and containers used to apply tar as sealant for roads and structures. Including this standard in the TDG Regulations eliminates the need to apply for and obtain an equivalency certificate for these activities, thereby reducing administrative burden.

TP14850 was developed as a Transport Canada publication; therefore, it is available to the public through the Transport Canada online store at no charge in electronic form, or at nominal charge as a paper document.

Portable tanks

CSA Standard B625-08, “Portable tanks for the transport of dangerous goods”

Incorporating this CSA Standard by reference establishes requirements in the TDG Regulations governing the selection, use and periodic testing of UN portable tanks in Canada. This Standard also addresses the manufacture of UN portable tanks in Canada, although there are currently no known manufacturers in Canada.

Although UN portable tanks now represent the majority of tanks in international transport, in the absence of this new standard in the TDG Regulations, UN tanks in Canada were permitted only on a case-by-case basis, through the issuance of an equivalency certificate. The adoption of this new standard in the TDG Regulations reduces administrative burden on users of UN portable tanks and retest facilities, while establishing a more transparent regulatory framework governing this type of means of containment.

The requirements of CSA B625 are harmonized with the UN Recommendations.

CSA Standard B626-09, “Portable tank specification TC 44”

Incorporating this new CSA standard by reference introduces the specification for TC 44 portable tanks for transport of diesel fuel by road vehicle. It provides the requirements for design and manufacture that are specific to TC 44 tanks and makes reference to the CSA B620 standard for the general requirements applicable to all highway and TC portable tank specifications under the CSA B620.

The development of this standard was driven by industry requirements, particularly hydrocarbon drillers. The design methodology prescribed for TC 44 portable tanks is applicable not only to round or oval tanks but also to square and rectangular tanks with flat sides. A square or rectangular tank shape for the transport of diesel fuel responds to a need of certain industries for space efficiency aboard road vehicles when the tanks are integrated with large motorized equipment such as oil drilling equipment.

Pressure receptacles

CSA Standard B341-09, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”

CSA Standard B342-09, “Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2”

These two new standards establish requirements for Canada in relation to UN cylinders, tubes and multiple element gas containers (MEGCs) for the transport of gases in Class 2. The UN refers to these container types collectively as “pressure receptacles.” These standards are harmonized with the UN Recommendations.

Between Canada and the United States, the issue of mutual recognition of regulatory approvals for UN pressure receptacles has been addressed. CSA B342 recognizes UN pressure receptacles bearing the country of approval mark “USA,” applied in accordance with the 49 CFR, for use in Canada; UN cylinders with the “CAN” country of approval mark are recognized for use in the United States.

Users of UN “CAN” or UN “USA” cylinders therefore benefit from reciprocal recognition of regulatory approvals. This increases flexibility and reduces costs to users while maintaining a high degree of safety.

NEW EDITION OF CONTAINER STANDARDS ALREADY IN THE TDG REGULATIONS
Cylinders

(1) CSA Standard B339-08, “Cylinders, spheres and tubes for the transportation of dangerous goods”

(2) CSA Standard B340-08, “Selection and use of cylinders, spheres, tubes and other containers for the transportation of dangerous goods, Class 2”

These standards together constitute the current Canadian regulatory framework in relation to cylinders, spheres and tubes for transport of gases. The 2008 editions of CSA B339 and B340 are new editions replacing the 2002 editions. These updated versions incorporate new specifications for carbon fibre reinforced cylinders and revised specifications for specification cylinders TC-4LM, used for refrigerated liquefied gases, to improve their applicability for the transport of refrigerated liquefied helium. Based on consultation with industry, a transition provision was considered necessary only in the case of pressure receptacles for helium, refrigerated liquid.

The 2008 edition of CSA B340 better aligns with the 49 CFR in relation to the salvage containers that may be used to contain a leaking or defective cylinder for transport to a facility for remediation.

Aerosol containers

(3) CGSB Standard 43.123-2010, “Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods”

This new edition of the standard on aerosol containers replaces the 1986 edition. This new edition addresses the use and manufacturing requirements for aerosol containers which now allows stakeholders to refer only to the standard and not to both the standard and the TDG Regulations, as was previously the case.

It also amends the TDG Regulations to clarify that dangerous goods classified as an aerosol must be contained in an aerosol container meeting the new standard. The new text of section 5.11 states that a person must not handle, offer for transport or transport dangerous goods that are UN1950, AEROSOLS or UN2037, GAS CARTRIDGES, unless they are contained in a means of containment that is manufactured, selected and used in accordance with CGSB-43.123-2010. It clarifies the previous regulatory text, which could have been interpreted to mean that the use of a means of containment that is compliant with CGSB-43.123-2010 is optional.

The standard incorporates new designs for aerosols along with new provisions for the transport of aerosol containers and gas cartridges intended for disposal; its adoption eliminates the need to obtain equivalency certificates to transport waste aerosol containers.

Highway tanks (tank trucks) and TC portable tanks

(4) CSA B620-09, “Highway tanks and TC portable tanks for the transportation of dangerous goods”

(5) CSA B621-09, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”

(6) CSA B622-09, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”

These standards together constitute the Canadian regulatory framework in relation to the manufacture, selection and use of highway tanks (tank trucks) and TC portable tanks. The 2009 editions of the standards replace the 2003 versions.

The CSA B620-2009 standard contains several new and modified definitions that are intended to clarify the scope of application of the various requirements of the Standard, such as new definitions and new specifications for highway tanks used for compressed and refrigerated liquefied gases.

The new CSA B621-2009 and CSA B622-2009 clarify periodic inspection requirements and also recognize tests done in the United States under 49 CFR. The adoption of the standards ensures reciprocity for TC highway and portable tank users from the United States who wish to use their highway tank in Canada. The 49 CFR regulations accept equivalent TC highway tanks for use in the United States.

In CSA B621-2009, the specific requirement SR 4(a) in clause 8.4 has been modified to exclude tanks of 3 000 L or less capacity. SR 4(a) is a provision that allows most dangerous goods that are solids, as well as dangerous goods that are liquids in Class 4 Packing Group (PG) III, Class 6.1 PG III, Class 8 PG III and Class 9, to be transported in non-standardized tanks that meet only general requirements, and are not required to be periodically inspected and tested. Tanks of 3 000 L or less capacity are, however, addressed in the CAN/CGSB 43.146-2002 standard on intermediate bulk containers, which is also incorporated by reference in the TDG Regulations. With this change to the CSA B621 standard, users of tanks of 3 000 litres or less capacity are required to use either a TC standardized highway or portable tank under SR 4(b) of CSA B621, or to select an intermediate bulk container (IBC) authorized under CAN/CGSB 43.146-2002. Given that most users of tanks of 3 000 litres capacity and less already followed the provisions in CAN/CGSB 43.146, it is expected that the cost impact of this change is negligible.

Other amendments
  • Exemption for mobile refuelling tanks — A relaxation from CGSB-43.146 for IBC allows for the continued transport of diesel in IBC that comply with standard ULC/ORD-C142.13 and were manufactured before 2003. The CGSB-43-146 includes a sunset date of 2010, after which the use of an IBC authorized under ULC/ORD-C142.13 was no longer authorized. Transport Canada recognizes the equivalent level of safety and has granted 314 equivalency certificates since 2010 to allow the transport of diesel in existing tanks manufactured before 2003. This relaxation benefits the forestry and mining industries that use these tanks for refuelling of equipment in remote areas.
  • Since the referenced versions of the IMDG Code, the ICAO Technical Instructions, the supplement to the ICAO Technical Instructions and the UN Manual of Tests and Criteria appear in the table to section 1.3, the Amendments eliminate duplication by repealing the entries in the definitions.
  • The title of section 5.11 has been changed to “UN1959, AEROSOLS, and UN2037, GAS CARTRIDGES”. Gas cartridges were not previously addressed in the aerosol container standard.
  • Part 12 includes numerous consequential amendments to correctly reference the 2011–2012 version of the ICAO Technical Instructions and supplement; these include new section numbers as well as revised packing instruction numbers and descriptions.
  • The references to CGA P-20 and ISO 2592 in the table to section 1.3 has been updated to their more recent versions.
  • The reference to ULC Standard S507 in the table to section 1.3 has been updated to the 2007 version.
  • While ULC S512 and S554 remain unchanged, the references in the table to section 1.3 have been updated to the versions that were reaffirmed in 2007 and 2010 respectively.
  • The title of section 1.44 has been amended to clarify that this article is intended to exempt only drums containing residues of dangerous goods.
  • As subsection 5.11(6) has been repealed, amendments were required to section 1.15 and special provision 80 to remove the reference to this subsection, which relates to aerosols in limited quantity.

“One-for-One” Rule

The One-for-One Rule applies to the amendment and contains elements considered to be both “IN” and “OUT.”

The “IN” (new requirement to obtain authorization) is from the updated standard for aerosol containers and gas cartridges (CGSB 43.123-2010) which introduces a new requirement for registration of companies to obtain an approval for the manufacturing of aerosols and gas cartridges. Based on a survey circulated to the seven companies that this new requirement affects, it was estimated that the initial registration process could require up to 15 hours, and the renewal process could take up to 3 hours to complete every 5 years after the initial registration. The registration requirement under standard CGSB 43.123-2010 represents an annualized IN of $498 or a total of $3,501 over 10 years.

Of the seven companies that took part in the survey, three offered a range of comments regarding these calculations; the first opined that our estimates were based on statistics and forecasts that seemed reasonable; the second stated the numbers were close for initial registration, close for recertification, but low on labour rates; and the third stated that this amendment imposes no great burden on the company.

The “OUTS” (relief from need to request authorization) are equivalency certificates that are no longer required now that the standards are adopted in the TDG Regulations. Previously, the industry had to apply for an equivalency certificate to manufacture or use means of containments not then allowed under the TDG Regulations (e.g. portable tanks, lab packs). To estimate the administrative burden associated with applying for an equivalency certificate, it was estimated that it could take up to 3 hours to fill out and mail one application and would take 3 hours as well to submit a request for a renewal every 2 years. A total of 719 equivalency certificates will no longer be required with this amendment. This portion represents an annualized OUT of $28,111 or a reduction in administrative burden of $197,442 over 10 years.

The net total of the amendments represent an OUT of $27,613 annualized average or a reduction in administrative burden of $193,941 over 10 years. This estimate is also based on a 7% discount rate and a wage of $29.80.

Small business lens

The small business lens does not apply to this amendment.

Consultation

Regulations Amending the Transportation of Dangerous Goods Regulations (TP14877 — Containers for the transport of dangerous goods by rail)

The new requirements pertaining to the classification of dangerous goods and the information on the shipping document are the result of the TSB’s recommendation to review the classification procedures and process, in response to the events that occurred in Lac-Mégantic. Consequently, there is an increased need to quickly incorporate these new requirements.

Given comments received regarding the recent Protective Direction No. 31 addressed to consignors and importers of petroleum crude oil in Canada, it was evident that clarification on classification documents accepted as proof of classification was necessary.

The proposed Regulations on the adoption of the TP14877 standard were published in the Canada Gazette, Part I, on January 11, 2014, followed by a 30-day comment period. Thirty-one comments were received from various groups such as the chemical manufacturing industry, the petroleum industry, dangerous goods carriers as well as from provincial authorities.

Proof of classification

During the comment period, and of the 31 comments received, 11 supported the proof of classification requirement. Amongst those, eight suggested that safety data sheets (SDS) be permitted as proof of classification, and some also proposed that a classification rationale be added in the appropriate section of the SDS.

Of the comments received, 12 were against the changes, as people commenting felt that the modification to require a proof of classification applied mostly to petroleum products and that it increases administrative burden.

In light of these comments, Transport Canada is clarifying that proof of classification must be made available on reasonable notice given by the Minister and will only be requested under specific circumstances. In addition, the SDS is considered a valid proof of classification providing that it is accompanied by an explanation, under the transportation section, describing the classification procedure used.

Sampling method document

Out of the 31 comments received, five addressed the quality management system for the sampling of petroleum crude oil question specifically. All were supportive of this requirement. Commenters felt that petroleum products, as they are not manufactured products, could present variability in their chemical and physical composition. Requiring a sampling method will therefore help ensure appropriate classification.

Proposed standard

Of the 31 comments received, 6 indicated that they were in favor of the standard published by Transport Canada, Containers for the Transport of Dangerous Goods by Rail, TP14877. However, those who commented did express interest in seeing Canada and the U.S. adopt harmonized regulations for the transport of dangerous goods by rail. One commenter felt that the new requirements for flammable liquids will add costs to tank car leasing companies and railway shipping rates while two commenters felt that the new requirements for the DOT-111 tank car did not address the proven safety deficiencies adequately and suggested enhanced safety requirements for a new specification of tank car. Another commenter had concerns with stub sill inspection frequency and thermal conductance requirements.

Standard TP14877 requires that stub sill inspections be conducted by tank car facilities, generally at the time of the structural integrity inspection. Minimum frequency for both inspections in Canada is based on the time elapsed between inspections, whereas the stub sill inspection frequency in the Unites States for AAR’s CPC-1094 is based on the distance travelled by the tank car. This distinction is consistent with previous requirements and harmonization is not currently a consideration.

As for thermal conductance, a commenter was concerned that cars being built to enhanced specifications for the past several years would not meet the lower thermal conductance requirement prescribed under TP14877. However, these cars, built to the requirements of previous Canadian standards or to the 49 CFR are permitted under equivalency clause 4.3 of TP14877.

Consignor certification

Of the 17 comments received regarding consignor certification, all were in favor of harmonization with U.S. and international requirements. However, three commenters requested that the six-month transition period be prolonged. One commenter has stated that a longer period would help reduce the economic impact as they could liquidate their existing stock of manifests and would allow ample time to perform software and hardware updates. In response to these comments, the requirement for consignor certification will come into force on July 15, 2015.

Regulations Amending the Transportation of Dangerous Goods Regulations (Update to standards)

Safety standards are developed within technical committees composed of members of the container manufacturing industry (such as tank car manufacturers), user industry (such as tank car owners or leasers, shippers, or carriers), as well as regulatory bodies (such as the Federal Railroad Administration). Standards represent the consensus view of stakeholders in their development.

Extensive consultations were also held with provincial authorities, industry, carriers and enforcement personnel; they support the adoption of these standards and it should be well received.

Through the Regulatory Cooperation Council, Canada and the United States are identifying regulatory requirements for which enhanced reciprocity could be achieved, including specification requirements for means of containment that are reflected in the standards to be incorporated by reference.

The proposed Regulations on the Update to standards were published in the Canada Gazette, Part I, on November 16, 2013, followed by a 75-day comment period. Six comments were received from industry. Four comments supported the initiative, while two had concerns.

One commenter had an issue with the tank securement requirement of CSA B620, more specifically they thought that it may be unrealistic and too prescriptive. Over the years, it became apparent that the tank securement was not prescriptive enough, as evidenced by accident reports where tank separation from the frame occurred in a dangerous manner. As a result of these accidents and the insufficient general nature of the tank securement requirement, the CSA B620 technical committee reviewed the issue, reached a consensus and approved the new tank securement requirement in 2009.

Another commenter suggested that the transitional period be increased from 6 months to 12 months to allow for the lengthy design process of tank trailers. Since 2009, Transport Canada has processed many design review against the standard in anticipation of its adoption. This is aimed at providing a seamless transition from B620-03 to B620-09 and this long transition period, along with the 6-month regulatory adoption period, should be sufficient for the industry.

Transport Canada has also provided guidance on the issue, as evidenced by the Transport Canada Registration Number (TCRN) guide published on the Web site www.tc.gc.ca/eng/tdg/mochighway-tcrn-1141.htm, posted in March 2012.

Rationale

Standard TP14877

The standard includes a requirement for all new tank cars used for the transport of dangerous goods in packing groups I and II (PG I and II) to implement features for increased safety. These features are already in place for new tank cars carrying some dangerous goods, including those for crude oil and ethanol.

Pursuant to Association of American Railroads (AAR) rules, all DOT-111 tank cars ordered on or after October 1, 2011, for petroleum, crude oil and ethanol included in PG I and II must have additional safety features that are being added in the Canadian regulations. They include top-fitting protection, half head shields, increased thickness of the heads and the shell for non-jacketed tank cars and mandatory use of normalized steel.

All members of the AAR have to follow these rules for tank cars destined to interchange between railways in Canada and the United States. In Canada, most rail carrier companies are members of the AAR, so they already comply with the changes to DOT-111 tank cars destined to the transport of petroleum crude oil assigned to packing groups I and II.

The new requirements are fully aligned with the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the United States’ proposed Petition 1577, which has been published through an advance notice of proposed rule-making. For the purposes of this cost-benefit analysis, it is assumed that this petition will be adopted within 12 to 18 months of this standard coming into effect. No incremental costs to industry are anticipated beyond this 18-month period, as the costs associated with this standard has already been absorbed by industry because of voluntary adherence to the new standard.

The cost-benefit analysis focused on the increased cost to purchase new tank cars in the service of dangerous goods in packing groups I and II, excluding those for crude oil and ethanol, over the identified period of March 2014 to September 2015, as well as the number of cars that would be impacted.

Industry has estimated that each new tank car would cost an additional $18,000. This cost may be mitigated, however, as a consignor would be able to transport an additional 6 000 to 7 000 kg (13 000 to 16 000 lb.) of product in an enlarged tank car. Industry has also estimated that 40 000 tank cars will be manufactured in North America during the next 18 to 24 months. Of those, 30 000 are destined for crude oil or ethanol service. The remaining 10 000 are for all other services. It is estimated that 1 000 (or 10%) of those are destined for the Canadian market. Due to a lack of data on the distribution of new tank cars by commodity, it is assumed that all are destined for dangerous goods service. In reality, however, some tank cars are expected to be purchased for non-dangerous goods service.

In order to determine what percentage of the 1 000 tank cars would incur an incremental cost resulting from the new requirement, a commodity volume analysis was conducted. The analysis looked at the transported volumes of dangerous goods in packing groups I and II for the approximately 27.3 million tonnes of transported dangerous goods in 2012 (excluding crude oil and ethanol, and those not transported in the DOT-111 tank cars). Tank cars transporting sulphuric acid, gasoline, sodium hydroxide and hydrochloric acid would be impacted by the new requirement, and these commodities represented 25% of the identified volume. Applying this ratio to the estimated new 1 000 tank cars, it is estimated that approximately 250 tank cars would incur an incremental cost.

The estimated incremental cost for industry of implementing the new requirement over the identified period would be approximately $4.5 million. Calculated as present value, the estimated total cost would be $4.2 million. As noted above, this cost estimate does not account for potentially significant mitigating factors, such as the increased revenue potential of a larger tank car, as well as the assumption that all new tank cars would be used for transporting dangerous goods.

It should also be noted that the consultation period for Petition 1577 closed on November 5, 2013. It is anticipated that this consultation process will result in additional information from industry and other stakeholders on the potential costs and benefits of implementing TP14877.

Proof of classification

The new requirement for consignors to keep a record of classification addresses a gap in the information available to inspectors to validate the classification of dangerous goods. It also addresses a recommendation from the TSB, made on September 11, 2013, to review classification procedures and processes.

The proof of classification is available from the consignor of dangerous goods, and carriers are able to ask consignors to provide such proof to them. The amendment eliminates confusion and uncertainty about what actually constitutes proof of classification.

Sampling method document

The classification of flammable liquids is based on the flash point and boiling point of the liquid.

Petroleum crude oil is typically non-homogeneous, and its stratification affects the volatility and flammability and can pose a challenge for inspectors, as petroleum crude oil is a naturally occurring mixture of various substances for which the representativeness of a given sample varies greatly, based on many factors. The new requirements allow Transport Canada inspectors to validate classification and confirm that the samples used for the assignment of the packing group are suitable and representative of the dangerous goods present in the means of containment.

The risk of not adopting this new requirement is that there would be uncertainty about the validity of classification tests and the only way for inspectors to validate classification would be to perform the tests themselves, which would be costly and inefficient.

Consignor’s certification

A consignor’s certification is a statement that is added to the shipping document that includes the name of the person preparing the consignment. Their name will appear on the shipping document certifying that the consignment has been prepared as per the applicable regulations. The International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code (IMDG Code) and the United States Code of Federal Regulations, Title 49 (49 CFR) already require consignor’s certification, so adopting this requirement creates harmonization with international regulations.

A consignor’s certification eliminates the challenge imposed on inspectors trying to identify the contact person for acquiring information on the consignment of dangerous goods.

Update of standards for containers used in the transport of dangerous goods

A number of standards harmonize the TDG Regulations with the 16th edition of the UN Recommendations. Updating the 16th edition of the UN Recommendations is helpful to Canadian industry involved in the transportation of dangerous goods in small means of containment, particularly when consigning the goods for international transport. It is also helpful to manufacturers of UN means of containment in Canada who may wish to export their products to other countries that follow the UN Recommendations. It ensures that the level of small means of containment integrity demanded for Canadian domestic transport meets the minimum requirements for safety established by the international community. These new editions reflect use and safety experience, and advances in technology and industrial practices.

The new CSA and CGSB standards address types of means of containment not previously authorized for dangerous goods transport in Canada. Adoption of new standards in the TDG Regulations increases the variety of means of containment available to shippers and transporters of dangerous goods in Canada. It removes barriers to trade by authorizing certain types of means of containment already in use internationally but for which no Canadian regulations existed; it also reduces administrative burden and aligns with the objectives of the Regulatory Cooperation Council.

The amendments are expected to have minimal economic impact since industry is already complying with the safety standards that are incorporated by reference. The update of standards incorporated by reference in the TDG Regulations benefits manufacturers of means of containment and shippers of dangerous goods worldwide. It also impacts Canadian reviewers and requalifiers, as it harmonizes most Canadian technical requirements with international requirements including those of the United States.

Most of the standards benefit industry since they offer additional options for the transport of dangerous goods in Canada; this is the case for TC and UN portable tanks, UN pressure receptacles and for the selection and use of highway tanks.

Furthermore, the restrictions on the transportation of refrigerated liquids in non-standardized means of containment are introduced with the adoption of the revised standard for the selection and use of cylinders, spheres and tubes (CSA B340-08).

Overall, these amendments allow cutting red tape for industry that voluntarily complied with the new standards and harmonizes Canadian requirements for means of containment with the United States and the UN Recommendations.

Implementation, enforcement and service standards

To minimize the economic impact, the revised standard for the selection and use of gases (CSA B340-08) allows for a transitional period of 30 years for companies involved in the transportation of helium. This allows non-standardized means of containment of up to 550 litres capacity and manufactured before January 2008 to be used for transportation of helium before being replaced with the standardized TC-4LM specification cylinders. This 30-year transition period will be sufficient to ensure that all existing means of containment utilized for the transportation of helium remain useable for their entire lifespan, thus ensuring no additional cost to industry.

To further minimize the economic impact, a 12-month transition period will be permitted for compliance with the consignor certification requirement. This is to allow sufficient time to liquidate existing waste manifest stock and integrate changes required to software and printing equipment.

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.

Contact

Geneviève Sansoucy
Analyst
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C
330 Sparks Street, 9th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5766
Fax: 613-993-5925
Email: TDGRegulatoryProposalTMDPropositionReglementaire@tc.gc.ca