Changes to the Federal Transportation of Dangerous Goods Regulations

Hazardous substances probably pose the greatest risk to health, safety and the environment when they’re being transported from one place to another by truck, rail, ship or air. A federal law called the Transportation of Dangerous Goods Act (TDGA) is the principal source of regulation to control the dangers posed by the shipping of hazardous materials within and to and from Canada. The Consolidated Transportation of Dangerous Goods Regulations (TDG Regulations) provide the crucial details about how the TDGA is implemented. Recently, a number of important changes to the TDG Regulations took effect. And even though the provinces and territories have their own laws on the transportation of dangerous goods, provincial and territorial requirements typically parallel the federal provisions. Consequently, the changes to the TDG Regulations will have an impact on companies all across Canada.

OVERVIEW OF THE CHANGES

When They Took Effect: The changes took effect on Feb. 20, 2008.

What They Cover: The changes affect 12 of the 16 parts of the TDG Regulations as well as three of its Schedules. Highlights:

Part 1 (General). This part was modified to include new interpretations, update the table of documents referring to safety standards and requirements and the list of definitions. It was also changed to clarify exemptions to certain parts of the TDG Regulations.

Part 2 (Classification). The key change in this part involves infectious substances, which are now classifi ed into two categories (instead of four). This change was made to harmonize the TDG classifi cations with recent changes made to the UN Recommendations.

Part 3 (Documentation). The principal changes to this part relate to the way subsidiary classes and packing groups must be shown on shipping documents.

Part 4 (Safety Marks). Fourteen sections in this part were changed, including those concerning the carrier’s responsibilities and requirements relating to the size and colour of the UN number. A new requirement was added for the display of subsidiary class placards in certain circumstances. Other changes clarify the requirements for Class 2, Gases.

Part 5 (Means of Containment). Modifications were made in the means of containment part to the table that’s used to determine which explosives can be stored or transported together in the same means of transport. There are also new requirements for cylinders containing Class 2, Gases and for Infectious Substances of Class 6.2.

Part 7 (ERAPs). Section 7.1 of this part was modified to have nine subsections that better define the requirements for emergency response assistance plans (ERAPs). There are also new requirements regarding the responsibility of the person responsible for the ERAP and clarifi cations of the classification requirements of dangerous goods.

Part 9 (Road). The key change to this part: As of August 31, 2008, the placards and labels displayed in means of containment transporting dangerous goods in Class 2.3, Toxic Gases and Class 6.1, Toxic Substances, must be those required by the TDG Regulations. Other changes relate to the description of dangerous goods on shipping documents for goods transported from the U.S. to Canada or through Canada and to the display of dangerous goods marks when goods are transported by road vehicle.

Part 10 (Rail). The same changes made to Part 9 were made to this part as it relates to the transport of dangerous goods by rail. Part 11 (Marine). Changes made to this part affect the requirements regarding means of containment for dangerous goods during international and home-trade voyage. Part 12 (Air). Changes were made to clarify certain existing requirements and to align the TDG Regulations with recent changes in the International Civil Aviation Organization (ICAO) Technical Instructions. Part 16 (Inspectors). Three new sections were added imposing new requirements for the detention of dangerous goods or means of containment, orders to remedy non-compliance and orders not to import or return dangerous goods or means of containment.

ANALYSIS

Changes to the TDGA and TDG Regulations are driven by two forces: Technology and international regulation. As new hazards are identified or deficiencies in the current law are uncovered, the law must adapt to stay current and relevant. The shipping of dangerous goods is also a subject of international regulation. When UN and other international standards change, member countries must rework their own laws to adapt. To that end, the above changes were made to the TDG Regulations to:

• Clarify certain requirements;
  
• Address safety issues;
  
• Continue to improve safety in the transportation of dangerous goods; and
  
• Align the regulations with international recommendations, modal requirements and U.S. dangerous goods regulations.