Canada

Canada Regulatory Information

IVODGA actively monitors the Transport Dangerous Goods Regulations in Canada, and submits comments as appropriate for the membership.

TDG Regulations

The Act (with updated highlighted)

TDG Newsletters

Safety Awareness Materials and FAQ

Canada-U.S. Regulatory Cooperation Council (RCC)

TDG Enforcement Actions Summaries

Transportation of Dangerous Goods Directorate

 

News:

Regulations Amending the Explosives Regulations, 2013 (Restricted Components). An amendment to the Regulations Amending the Explosives Regulations, 2013 (Restricted Components) was published in Part I of the Canada Gazette on May 18, 2019. Issue is presented below. Please see complete proposed update here: http://www.gazette.gc.ca/rp-pr/p1/2019/2019-05-18/html/reg1-eng.html.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jean-Luc Arpin, Director, Chief Inspector of Explosives, Natural Resources Canada, 580 Booth Street, 10th Floor, Room: D1-2, Ottawa, Ontario K1A 0E4 (tel.: 613‑948‑5200; fax: 613‑948‑5195; email: jean-luc.arpin@canada.ca). (May 18, 2019)

Transport Canada – Consultation on International harmonization Updates to the TDG Regulations. The deadline for comments has been extended and IVODGA is preparing comments in response to Transport Canada's request on their proposed amendments to the Transport of Dangerous Goods Regulations related to international harmonization. While the topics being considered are based on the 20th Revised Edition of the UN Model Regulations and the texts that draw information from this document, Transport Canada is also be reviewing recently agreed items in the 21st Revised Edition. A table comparing the domestic regulations for Canada, the UN and US has been prepared for your reference.

Comparison Table

Consultation Document

Below are a list of highlighted topics being considered as identified by Transport Canada. We do not believe this is an all-inclusive list:

Highlights of the proposed amendments:

  • Reducing regulatory barriers on cross-border trade with the United States by:
    • allowing U.S. placards when dangerous goods are reshipped by road or rail in Canada;
    • adopting the U.S. exemption for pressurized tanks used in water pump systems; and
    • introducing requirements to mark means of containment that carry non-odourized liquefied petroleum gases.
  • Reducing the compliance burden on industry by:
    • allowing the display of reduced size labels on a cylinder such as “banana labels”; and
    • allowing the transportation of UN3175, SOLIDS CONTAINING FLAMMABLE LIQUID,  N.O.S. using flexible intermediate bulk containers 13H3 and 13H4.
  • Referencing the 2018 version of Transport Canada Standard TP 14850E for small containers, which:
    • updates packing instructions to align with the 20th edition of the UN Recommendations; and
    • allows the use non-standardized containers that exceed 450 litres in volume to transport batteries.
  • Improving hazard communication of dangerous goods by:
    • requiring the display of the marine pollutant or lithium battery marks on overpacks; and
    • requiring the display of orientation arrows for liquid dangerous goods.

Transportation of Dangerous Goods by Rail Security Regulations. Transport Canada (TC) has advised that the Transportation of Dangerous Goods by Rail Security Regulations were published in the Canada Gazette, Part II on May 15, 2019.

Transport Canada is introducing these regulations to enhance the security of the transportation of dangerous goods by rail in Canada.  The regulations apply to railway carriers and loaders that handle, offer for transport, or transport dangerous goods in a railway vehicle, and will require them to proactively engage in security planning processes and manage security risks. The new regulations include the six key components below in order to allow regulated entities the flexibility to adopt security practices tailored to their operations and proportionate to their risks:

  • Security awareness training,
  • Development of a security plan and risk assessment,
  • Security plan training,
  • Identification of a rail security coordinator,
  • Security inspection, and
  • Reporting potential threats and other security concerns.  

The official registration date for these Regulations was May 6, 2019. 

For more information on the implementation of these Regulations, please visit Transport Canada’s website or the Regulations on Canada Gazette. (May 2019)

Amendment to the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan). Transport Canada (Transportation Dangerous Goods Directorate) published an amendment entitled Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) in Part II of the Canada Gazette on May 1, 2019.

This amendment addresses the recommendations of the Emergency Response Task Force (ERTF) to improve the Emergency Response Assistance Plan (ERAP) program and enhance public safety in the event of an incident during the transportation of dangerous goods.

The amendment also sets out new requirements that will come into force on June 1, 2019. Industry will have a transition period of 9 months to comply with the changes (by March 1, 2020). 

The Regulatory Impact Analysis Statement (RIAS) that precedes the regulatory text explains the updates in plain language, the rationale for the changes, and outlines the expected costs and benefits that may result from this amendment.

The RIAS also includes information on the consultations held by Transport Canada on this amendment and explains how comments received have been addressed.

It is strongly suggested that you also visit the ERAP website, which has been updated to reflect this amendment and help you understand the new requirements. (May 2019)

Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail). SOR/2019-75. The Transportation of Dangerous Goods Regulations (TDGR) has amended the Transport Canada Standard (TP 14877), Containers for Transport of Dangerous Goods by Rail. The amendment will be incorporated into the 2018 edition of the regulations by reference. The changes aim to consolidate and clarify standards; allow the use of certain new technologies and best management practices; align TDGR with U.S. and International regulations where appropriate; and reduce the risk of transporting toxic inhalation hazard (TIH) standards by rail. Overall, the amendment is expected to reduce safety risks during the transport of dangerous goods by rail, while saving stakeholders upwards of $191 million between 2021-2068.

There are several of instances in which TDGR harmonized their regulations with the U.S. The requirement for one-time movement approvals for non-conforming tank cars and other railway vehicles for purposes such as; cleaning, repairing, testing, dismantling, or unloading has been aligned with U.S. transportation regulations under 49 CFR. 304L and 316L stainless steel varieties will be allowed for the construction of tank cars. The U.S. HM-246 interim TIH tank standard will be adopted as the permanent standard in TDGR. In addition, the service life of tank cars will be extended to 50 years to match U.S. regulations.

Other significant changes include but aren’t limited to:

All tank cars transporting TIH substances will be required to be made of normalized steel. The thickness of any new pressure tank car constructed of carbon steel (483 to 558 MPa minimum tensile strength) has been increased to 16.7 mm (21/32 inch). The use of an enhanced Class 111 tank car is required for transporting Packing Group I and II substances (excluding flammable liquids and TIH substances), if the car was built after October 1, 2015.  The requirements from Corrigendum – June 2015, PD NO. 34, PD NO. 37, PD NO. 38, and TDGR, Part 5 have been consolidated under TP 14877. Twelve equivalency certificates were removed from the list of certificates required for tank cars authorized to exceed 119 295 kg but not to exceed 129 727 kg. Hydrogen peroxide (UN2014/UN2015) has a new special provision (no. 85) that addresses requirements for grounding cables and electrical circuits.

Dates to remember:

The rule is effective as of July 2, 2019

The requirement for all tank cars transporting TIH substances to be made of normalized steel is effective as of July 2, 2021.

The full publication can be found here: http://gazette.gc.ca/rp-pr/p2/2019/2019-04-03/html/sor-dors75-eng.html

Transport Canada Modernizing Fees for Marine Cargo Services. Please take a moment to carefully read the information below from Transport Canada . The proposed adjustment in fees may add additional expenses to your operations and we will want to respond to their request for comments.

Transport Canada is proposing to simplify and adjust fees for marine cargo services. IVODGA will be collecting member comments, once you have reviewed the proposal, please send your comments to IVODGA no later than April 1, 2019 - mail@ivodga.com 

About Transport Canada Marine Transportation
Canada’s marine transportation sector relies on, and benefits from, services that Transport Canada provides. Their marine safety inspectors ensure higher-risk marine cargo is safely loaded and stowed. They:

  • Conduct mandatory inspections for regulated cargo (grain, concentrates and timber on deck)
  • Inspect solid bulk dangerous goods and packaged dangerous goods, under international standards and upon request
  • Check marine shippers’ procedures, for cargoes which may liquefy, to ensure they comply with international standards

Vessel operators directly benefit from these inspections that are offered 24 hours a day, seven days a week.

Changes to marine cargo service fees
Under the existing system, vessel operators are subject to a complex fee structure for marine cargo services. There are 40 different fees that are authorized by three separate regulations. This is confusing and makes it hard for industry to know what they will have to pay. Under the new Marine Cargo Fee Modernization Proposal, we propose to:

  • Consolidate and simplify the fee structure
  • Amend and add new fees to better reflect the cost of delivering services
  • Ensure those who benefit most from the services pay a greater share of the cost
  • Create service standards consistent with requirements from the Service Fees Act

Submit You Comments:

  1. Read the Marine Cargo Fee Modernization Proposal to learn more about the proposed changes.
  2. Send your comments to IVODGA no later than April 1, 2019 - mail@ivodga.com (March 28, 2019 - Transport Canada)

Transport Canada – Consultation on International harmonization Updates to the TDG Regulations.

Transport Canada is currently accepting comments on their proposed amendments to the Transport of Dangerous Goods Regulations related to international harmonization. While the topics being considered are based on the 20th Revised Edition of the UN Model Regulations and the texts that draw information from this document, Transport Canada will also be reviewing recently agreed items in the 21st Revised Edition. Consultation Document

Below are a list of highlighted topics being considered as identified by Transport Canada. We do not believe this is an all-inclusive list:

Highlights of the proposed amendments:

  • Reducing regulatory barriers on cross-border trade with the United States by:
    • allowing U.S. placards when dangerous goods are reshipped by road or rail in Canada;
    • adopting the U.S. exemption for pressurized tanks used in water pump systems; and
    • introducing requirements to mark means of containment that carry non-odourized liquefied petroleum gases.
  • Reducing the compliance burden on industry by:
    • allowing the display of reduced size labels on a cylinder such as “banana labels”; and
    • allowing the transportation of UN3175, SOLIDS CONTAINING FLAMMABLE LIQUID,  N.O.S. using flexible intermediate bulk containers 13H3 and 13H4.
  • Referencing the 2018 version of Transport Canada Standard TP 14850E for small containers, which:
    • updates packing instructions to align with the 20th edition of the UN Recommendations; and
    • allows the use non-standardized containers that exceed 450 litres in volume to transport batteries.
  • Improving hazard communication of dangerous goods by:
    • requiring the display of the marine pollutant or lithium battery marks on overpacks; and
    • requiring the display of orientation arrows for liquid dangerous goods.

Comments on the proposals will be accepted until May 27, 2019. Please send comments to IVODGA by March 22, 2019 - julie@ivodga.com

Transportation of Dangerous Goods Client Identification Database (TDG CID)

On November 28, 2018, Transport Canada (TC) distributed a report to the members of the General Policy Advisory Council (GPAC) entitled “What We Heard” about the Transportation of Dangerous Goods Client Identification Database. TC requested comments on the report by December 31, 2018, please submit your comments to mail@ivodga.com no later than Friday, December 21, 2018.

As a reminder, the TDG CID will change how businesses that handle, offer for transport, transport, or import dangerous goods in Canada interact with Transport Canada, as those businesses will be required to register with Transport Canada and provide “identifying information and information about their dangerous goods activities.”

On November 29, 2018,  during the General Policy Advisory Council (GPAC) meeting, Transport Canada officially presented the “What We Heard” report and mentioned they had additional questions for stakeholders that they would be sending out the next week. The questions were sent out on December 13, 2018.

Transport Canada has established a deadline of January 23, 2019 for providing answers to those questions. Please note that the consultation date for comments on the “What We Heard” report remains the same (December 31, 2018).

Take a moment to read the “What We Heard” report and the IVODGA Comments, and respond to the three questions in the TC email below entitled “Follow-up E-mail for Stakeholders”. Please make a copy of your comments and forward them to IVODGA (mail@ivodga.com) by Friday, December 21, 2018 so that we can also submit them as a whole to Transport Canada.

If you are a trade association or belong to a trade association, please ask them to share this message and encourage members to submit comments and to send a letter to Transport Canada voicing members’ concerns. You can use the attached answer sheet for submitting your comments.

 

Follow-up E-mail for Stakeholders

Dear Stakeholders,

We are engaging you once more following our update on the Transportation of Dangerous Goods Client Identification Database (TDG CID) at the General Policy Advisory Council meeting on November 30, 2018.

As you know, TDG CID is envisioned as a database that will require all those who handle, offer for transport, transport, or import dangerous goods by any mode of transportation in Canada to register with Transport Canada (TC) by providing identifying information and information about their dangerous goods activities (except those exempt under Part 1 – Exemptions (Section 1.15 – 1.50) and in Schedule I of the Transportation of Dangerous Goods Regulations).

TDG held policy consultations with stakeholders between February and April 2018, and we were pleased to release the summary of our findings to you on November 29 in the What We Heard report (attached). 

We are reaching out to you today, because we have heard that the administrative burden of registering for TDG CID may be greater than anticipated. In order to better understand your concerns, we are asking for more information on what resources you anticipate using in order to comply with TDG CID registration requirements.

To respond to this request, we ask that you please populate the attached table by providing information about three categories of resources that you expect your company would use to complete initial registration and annual profile renewal. The three resource categories are the following:

  • Personnel:  What personnel (e.g., working level, administrative, management, etc.) are most likely to coordinate and conduct data collection, management, and registration with TDG CID?
    • Please make special mention of whether new staff will need to be hired.
  • Time:  Based on current business practices, how many hours would be required to collect, manage and register the information required for TDG CID initially and at renewal/amendment of registration?
    • Please make special mention of any impacts on business practices that registering with TDG CID may incur.
  • Financial:  Based on current operating and salary costs, what do you estimate your company’s expenditures over one year?
    • Please make special mention of any investments, personnel, capital investments (e.g., IM/IT costs) and materials/other costs that your company would require specifically for the purpose of complying with TDG CID.  Exclude what is already done for other provincial or federal governmental reporting requirements.

Please let us know how these considerations would affect the business impact of TDG CID on you, especially in light of your business size and particular dangerous goods activities.

Your answers will help us to determine the most efficient way to implement the TDG CID.

Please submit your answers via email to: TC.TDGPolicyProposal-PropositionpolitiquesTMD.TC@tc.gc.ca by Wednesday, January 23, 2019.

Canada-U.S. Regulatory Cooperation Council (RCC) meeting Dec 4-5 WDC. We have been notified that the 2018 Canada-U.S. Regulatory Cooperation Council (RCC)  Stakeholder Forum will be held December 4-5, 2018 at the Walter E. Washington Convention Center in Washington, D.C. IVODGA will have be drafting a list of key issues and we plan to participate in the meeting.

“The event will bring together senior regulatory officials, industry, and other members of the public on both sides of the border to provide progress reports on existing RCC work plans and to discuss new opportunities for regulatory cooperation. In the coming weeks you will receive an invitation including details on how to register.

We would like to take this opportunity to thank you for participating in our consultation on regulatory cooperation last winter. A report highlighting what we heard from stakeholders, as well as the submissions received can be found at: What We Heard Report on Regulatory Cooperation stakeholder consultations.

The U.S. is currently conducting its own consultation process on the RCC to which you may consider making a submission. Further information on how to comment can be found here: https://www.regulations.gov/document?D=OMB-2018-0006-0001

Thank you for your ongoing interest in the RCC. We look forward to seeing you in Washington, D.C. on December 4-5.“

Consultation on Fee Modernization for the TDG Means of Containment Facilities Registration Program

Transport Canada (TC) is undertaking an ambitious transformation agenda to modernize its programs and services to support industry innovation and better serve Canadians. Some services have been provided to individuals and industry free of charge, while others have not updated their fees in over 20 years and do not reflect what it costs the department to deliver those services.

Over the next few years, the department is moving forward with a plan to introduce new fees, modernize existing fees and streamline fees for some services across the department.  We believe that fee modernization will enable TC to continue to provide the quality of services that industry and Canadians expect from us.

As part of these efforts, TC is proposing to introduce new fees and service standards for TDG’s Means of Containment Facilities Registration Program. This program ensures that all Means of Containment used in transporting dangerous goods are designed, manufactured, certified, repaired and maintained according to safety standards referenced in the Transportation of Dangerous Goods Regulations.  We are currently in the early policy development and consultation stages.

TC invites you to provide feedback on this initiative to introduce new fees and service standards for TDG’s Means of Containment Facilities Registration Program, as it wants to ensure that fees are implemented in the most efficient and effective way possible. Thus TC would like to hear from you about the impacts that fees may have on you and your business, and encourage you to review the discussion document and Frequently Asked Questions (FAQs) to learn about this initiative.  

The discussion document outlines three (3) main topics that we are considering:

  • a four tier fee design;
  • a price range; and
  • two options for new service standards.  

Please provide your comments and answers to the questions found in the discussion document via email to: julie@ivodga.com by October 16, 2018.

Anyone interested in an online information session about this initiative should notify TC by email before October 16, 2018 (TC.TDGPolicyProposal-PropositionpolitiquesTMD.TC@tc.gc.ca). (October 10, 2018)

 

Transport Canada Notice – 60 Day Consultation period – Updated Safety Standard CGSB‑43.126. 

Introduction
The Canadian General Standards Board (CGSB) has released the draft of the updated safety standard CGSB-43.126, “Reconditioning, remanufacturing and repair of drums for the transportation of dangerous goods” for a 60-day consultation. Once the safety standard has been finalized and published, a notice will be issued specifying the coming into force date of the updated standard. 

What is the scope of the standard?
The safety standard sets out the requirements for the reconditioning, remanufacturing, and repair of steel and plastic drums for the transportation of dangerous goods. Minor changes have been made to improve the clarity of the requirements for facilities registered with Transport Canada to recondition steel and plastic drums. This Standard only applies to drums that have a capacity greater than or equal to 150 L which are used to transport liquid dangerous goods of Classes 3, 4, 5, 6.1, 8 or 9, pursuant to subsection 5.12 (2) of the Transportation of Dangerous Goods Regulations.

This updated version of the standard also aligns with requirements of the 20th edition of the UN Recommendations. However, no new technical requirements have been introduced. 

Draft Safety Standard
A obtain a copy of the draft safety standard, please contact the Canadian General Standards Board (CGSB) directly via Robert Long at robert.long@tpsgc-pwgsc.gc.ca. 

Transport Canada – Protective Direction 39
Signed PD

On September 19, 2018, at 12:00pm, Transport Canada released Protective Direction No. 39 regarding the accelerated phase out of unjacketed CPC 1232 and DOT 111 tank cars in crude oil and condensate service.

Protective Direction No. 39 accelerates this phase out timeline for unjacketed CPC 1232 tank cars in crude oil service to November 1, 2018, and DOT 111 and unjacketed CPC 1232 tank cars in condensate service to January 1, 2019. All other provisions relating to the remaining phase-out schedule in the Regulations Amending the Transportation of Dangerous Goods Regulations (TC 117 Tank Cars) published in Canada Gazette Part II in May 2015 remain in effect. Find below an overview of the new timelines.

The complete text of Protective Direction No.39 can be consulted on the Transport Canada website, and questions can be directed to: TC.TDGStakeholderInformation-InformationsintervenantsTMD.TC@tc.gc.ca.

Legacy DOT-111 and CPC-1232 tank cars removed from service

Commodity

Tank Car Type
Removed from Service

Last Day to Use Tank Cars Specified
in Column 2 in Service for Commodity in Column 1

Before
Coming into Force of
Protective Direction 39

After
Coming into Force of
Protective Direction 39

Crude oil

DOT-111 Non-jacketed

October 31, 2016

Tank cars already removed from service

DOT-111 Jacketed

October 31, 2016

Tank cars already removed from service

CPC-1232 Non-jacketed

March 31, 2020

October 31, 2018

Condensates

DOT-111 Non-jacketed

April 30, 2025

December 31, 2018

 

DOT-111 Jacketed

April 30, 2025

December 31, 2018

 

DOT-111 Non-jacketed

April 30, 2025

December 31, 2018

(September 20, 2018)

Transport Canada FAQ - Amendments to the marine provisions in the TDG Regulations. Transport Canada updates the Transportation of Dangerous Goods Regulations (TDG Regulations) on a regular basis to harmonize them, to the greatest extent possible, with the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions (ICAO TI), the International Maritime Dangerous Goods Code (IMDG Code), as well as to align requirements with the United States (U.S.) under the Regulatory Cooperation Council (RCC) work plan.

Below you will find answers to some Frequently Asked Questions (FAQ) related to the amendments to the marine provisions in the TDG Regulations.

General Terminology Short-Run Ferry Transportation of Gasoline and Propane in Highway Tanks on board Passenger Carrying Vessels Other Amendments Changes to Part 11 (Marine) (September 5, 2018 - Transport Canada)

Transport Canada Regulatory Reform Agenda. Transport Canada has distributed notification to industry regarding a new consultation recently launched by the “Government of Canada on regulatory reviews and modernization. The consultation is a partnership between the Treasury Board of Canada Secretariat and a number of government departments and agencies. The consultation and more information on Canada’s regulatory modernization agenda can be found in the Canada Gazette and will run from July 28th to September 15th. IVODGA submitted comments on September 14, 2018.

TDG Newsletter. Transport Canada has also announced that latest edition of the TDG Newsletter is now available on the Transport Canada website at the following address: http://www.tc.gc.ca/eng/tdg/newsletter-2018-1330.html

Transport Canada: New editions of CSA B339, CSA B340, CSA B341, and CSA B342 have been published. New editions of the following standards have been developed by the Canadian Standards Association’s (CSA) Technical Committee on Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods and were published in June 2018. 

CSA B339Cylinders, spheres, and tubes for the transportation of dangerous goods

CSA B340 Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2”

CSA B341 "UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods

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

Read more... (July 17, 2018 - Transport Canada)

Transport Canada Notice of migration TP14850
The purpose of this notice is to inform you of developments relating to the TP 14850 Standard: Small Containers for Transportation of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9. Transport Canada, in collaboration with a Technical Committee of experts, has been working on the development of a new edition of the TP14850 Standard. This process is nearing completion.

Recently, Transport Canada signed an agreement with the Canadian General Standards Board (CGSB) to return the TP14850 standard to a National Standard of Canada under the CGSB (CAN/CGSB-43.150). The intent is that the new CAN/CGSB 43.150 Standard be published by March 2020.