UPDATE: Status of New TDGA Security Regulations

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The TDGA laws set out safety requirements that apply to the shipping and receiving of dangerous goods. In the Oct. 2009 issue of the Insider, we told you about a new law that gave the federal government authority to add new security requirements to the TDGA regulations covering:

  • Security clearance applications, suspensions and revocations;
  • Security training, including its content and implementation;
  • Security requirements for equipment, systems and processes;
  • Reporting of lost or stolen dangerous goods; and
  • Tracking of dangerous goods during transport.

A year later, Transport Canada still hasn’t released these new regulations. So we contacted Transport Canada to get an update on their status.

What Security Regulations Will Cover

According to senior advisor Maryse Durette, “Transport Canada is currently at the early stage of developing a comprehensive policy framework to implement a range of security provisions under the amended Act. These provisions could include, but are not limited to, creating security regulations, establishing mandatory requirements with respect to security plans and training, reinforcing the Emergency Response Action Plan (ERAP) and developing a program to require transportation security clearances for dangerous goods…This policy framework will be developed in consultation with relevant stakeholders from both governments and industry.”

We do know that the new security regulations will flesh out the following new sections of the TDGA:

Security plans and training. Sec. 7.3 says that no one shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration specified by regulation (or within a specified range of quantities or concentrations) before that person has:

  • Undergone security training in accordance with the regulations;
  • Developed a security plan that meets the requirements; and
  • Implemented that plan in accordance with the regulations.

The security plan must include measures to prevent dangerous goods from being stolen or unlawfully interfered with while being imported, offered for transport, handled or transported. (If such goods are stolen or lost, you must report their loss or theft.)

Security clearances. Sec. 5.2 bars persons from importing, offering for transport, handling or transporting dangerous goods in a prescribed quantity or concentration (or within a prescribed range of quantities or concentrations) without a transportation security clearance.

Use of security measures and interim orders. The TDGA now spells out how the Minister may use security measures and interim orders to ensure the security of dangerous goods.

When New Regulations Will Take Effect

When will the regulations be issued and when will companies have to start implementing them? “At this stage, it is premature to determine the timelines in terms of the implementation of security requirements,” said Durette. The Insider will stay on top of the security regulations and let you know when they’re finally released.