Archives - Regulatory Notices
Canadian Regulatory Activity Spreadsheet
2013 Archives - Regulatory Archives
Changes to Transport Canada's Air Cargo Security Program Effective Dec. 31 -Increased Security Procedures and Registered Shippers
On December 31 2013, revisions to Transport Canada’s Security Measures Respecting Air Cargo go into effect that will require that 100 percent of cargo being transported on passenger flights out of airports under the Canadian Air Transport Security Authority (CATSA) have increased security procedures under the Air Cargo Security (ACS) Program.
Under this measure, all cargo transported onboard a domestic, international or transborder passenger flight departing a CATSA-designated Canadian airport must be secured, and must receive confirmation by the air carrier as having met the following security requirements:
- For domestic and international passenger flights, cargo must come from a Registered Shipper or be actively screened using approved methods by either an Approved Participant or the air carrier. Registered shipper cargo may pass directly to an air carrier or through an Approved Participant in the Air Cargo Security Program.
- Currently, for passenger flights to the United States, cargo must come from a Registered Shipper (directly or through an Approved Participant in the ACSProgram) and be actively screened using approved methods by an Approved Participant or the air carrier.
To ensure limited disruption to domestic, international and transborder shipments, it is recommended that shippers contact Transport Canada and obtain information on how to become a Registered Shipper.
For further information regarding the Transport Canada Air Cargo Security (ACS) Program see the following websites or contact your local Expeditors.
http://www.tc.gc.ca/eng/aviationsecurity/asc-41.htm
http://www.tc.gc.ca/eng/aviationsecurity/asc-62.htm#compliance
(December 19 - Expeditors Newsflash)
Proposed Amendment to Part 4, - Safety Marks
A proposed amendment to Part 4, Safety Marks, of the Transportation of Dangerous Goods Regulations (TDG Regulations) has been published in Part 1 of the Canada Gazette on December 1st, 2012. It appears on pages 3210 to 3228 of the Canada Gazette, (pages 28 to 46 of the pdf file). The amendment can be viewed at the following URL:
http://www.gazette.gc.ca/rp-pr/p1/2012/2012-12-01/html/reg2-eng.html
This proposed amendment includes the following:
- To harmonize Part 4 of the TDG Regulations with international and US regulations;
- To replace the existing placarding scheme to one that requires safety marks to be affixed at all times, though exemptions for some dangerous goods would be retained;
- The addition of a definition for "overpack";
- To redefine the conditions under which a DANGER placard may be displayed on a large means of containment;
- The adoption of new markings for organic peroxides, marine pollutants and a new limited quantity mark;
- To allow the use of four labels or two placards on intermediate bulk containers of up to 3000 litres;
- To require additional markings on means of containment used for the transportation of dangerous goods that are toxic by inhalation.
Comments are requested, in writing on or before February 14th, 2013. Please send comments to:
Geneviève Sansoucy
Analyst, Regulatory Affairs Branch
Transport Dangerous Goods
Transport Canada
Place de Ville, Tower, 330 Sparks Street, 9th Floor
Ottawa, Ontario, Canada, K1A 0N5
Tel: 613-990-5766 Fax: 613-993-5925
Email: TDGRegulatoryProposalTMDPropositionReglementaire@tc.gc.ca
2012 Archives - Regulatory Notices
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 11)
P.C. 2012-1545 November 22, 2012
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 (Amendment 11), substantially in the annexed form, was published in the Canada Gazette, Part, on March 10, 2012 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 (see footnote c) of the Transportation of Dangerous Goods Act, 1992 (see footnote d) , makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 11).
Issue and objectives
In February of 2008, Amendment 6 (SOR/2008-34) to the Transportation of Dangerous Goods Regulations (TDG Regulations) introduced some changes in the text of the TDG Regulations which caused inconsistency and lack of clarity. In some cases, the changes in the text of the TDG Regulations as a result of Amendment 6 led to the issuance of permits and increased placarding requirements.
The objective of this amendment is to provide consistency in the regulatory text and clarity in the regulatory requirements.
Amendments under Development
Comments requested on or before May 12, 2012
This proposed amendment is provided for informal comment which means that it has not been published in the Canada Gazette.
Part 8 of the Transportation of Dangerous Goods Regulations (TDG Regulations) set out the requirements for the Immediate Reporting and also for the 30-Day Follow-up Report of releases and anticipated releases of dangerous goods in transport.
The proposed amendment to Part 8 includes a revision of the reporting requirements and also incorporates new provisions of the TDG Act on the declaration of dangerous goods that have been lost, stolen or unlawfully interfered with. An explanation of the proposed changes can also be consulted.
Input Sought for Work Plan of U.S.-Canada Group on Dangerous Goods Transport. The Department of Transportation is inviting through April 25 comments and suggestions relative to the draft work plan of the Transportation Dangerous Goods Working Group of the U.S.-Canada Regulatory Cooperation Council. Full Article...
Transport Canada Publishes Proposed Amendment 11 On March 10, 2012, Transport Canada published a proposed amendment to the Transportation of Dangerous Goods Regulations (TDGR) in Canada Gazette 1. This amendment, called Amendment 11, will, when finalized, address a number of problematic points in the current TDG System. Read more »
Canada to Begin Transition to Electronic Reporting by Marine Carriers on Sept. 1
The Canada Border Services Agency announced recently its plan for implementing mandatory electronic export reporting for marine carriers. Full Article... (March 5 - Sandler, Travis & Rosenberg)
The TDG Regulations have been consolidated to include SOR/2011-210 (Amendment 10) and SOR/2011-239 (Amendment 8). Disclaimer: These documents are not the official versions (more details).
The TDG Regulations have been consolidated to include
SOR/2011-210 (Amendment 10) and SOR/2011-239 (Amendment 8).
Disclaimer: These documents are not the official versions.
Users of this consolidated material are advised that it has been prepared for use as a ready reference and has no legal force or effect. For all purposes of interpreting and applying the law users should consult:
a. the Acts as passed by Parliament, which are published in the "Assented to" Acts service, Canada Gazette, Part III and the annual Statutes of Canada, and
b. the regulations, as registered by the Clerk of the Privy Council and published in Canada Gazette, Part II and the Consolidated Regulations of Canada, 1978. TRANSPORTATION OF DANGEROUS GOODS REGULATIONS TABLE OF CONTENTS
Transport Canada’s Fall newsletter is available. PDF
2011 Archives - Regulatory Notices
Regulations Amending the Transportation of Dangerous Goods Regulations
Amendment 8 - SOR/2011-239
Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 8) have been published in the November 9 2011 Canada Gazette Part II, Vol. 145, No. 23 as SOR/2011-239. Amendment 8 includes the following:
In subsection 1.15(1), a clarification of the conditions which must be met when a purchaser, a user or a retailer use the 150 kg exemption.
Section 7.1. deals with the requirements for an Emergency Response Assistance Plan (ERAP). This section has been re organized and some new provisions have been added to the regulatory text.
Editorial changes were made to Schedules 1, 2 and 3.
Transport Canada has published a Guide to the Proposed Amendments in Amendment 12 .
Amendment 12 (Formerly Amendment Z)
The spring 2011 TDG Newsletter is now available. Click here
Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 9). Amendment 9 to the TDG Regulations has been published in Gazette II.
http://www.gazette.gc.ca/rp-pr/p2/index-eng.html
Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 10)
Issue and objectives. Complete Text
2010 Archives - Regulatory Notices
Ethanol and gasoline mixture - classification and emergency response
July 2010
Transport Canada advises:
- shippers and carriers of the shipping names and UN numbers they should use in Canada for fuel mixtures of ethanol (or ethyl alcohol) and gasoline; and
- emergency responders on how to treat spills and fires involving these mixtures.
Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 9) Complete Text
Amendments under Development
Comments requested on or Before April 16th 2010
This proposed amendment is provided for informal comment which means that it has not been published in Part I of the Canada Gazette. Amendment [xx] was posted on our website some time ago for informal comment but changes have been made to the text and so that another informal comment period is necessary. These changes are highlighted in the proposed text.
Since its first appearance on our Consultation Page, the following are two of the most significant changes which have been made to the text:
- Changes to Part 4 Dangerous Goods Safety Marks, were removed from this version and included in Amendment [Z], already on the website;
- an amendment which proposes a change to subparagraph 1.15(1)(a)(i) to allow a person to transport up to 6 aerosol containers without packing them in a wood, fiberboard or plastic box
Transport Canada issued a news release stating that it has proposed regulations to implement the Long-Range Identification and Tracking (LRIT) requirements for Canada. Comments on the proposal should be submitted within 30 days. (September 25 - Bryant's Maritime Blog)
2009 Archives - Regulatory Notices
Regulations Amending the Transportation of Dangerous Goods Regulations Amendment [Z], Dangerous Goods Safety Marks - For public consultation
8 September 2009 Complete text
Transport Canada Alert - Enforcement of 4.15(2)
July 2009
Placards and UN numbers must be displayed on a large means of containment in compliance with Part 4, Dangerous Goods Safety Marks of the Transportation of Dangerous Goods (TDG) Regulations. In February 2008, new requirements came into effect with the adoption of Amendment No. 6.
This alert is designed to address issues regarding the applicability of subsection 4.15(2) of the TDG Regulations. Different interpretations of this subsection were made because of the ambiguity of its wording. Accordingly, subsection 4.15(2) can be interpreted to allow placards and UN numbers to be displayed two different ways when dangerous goods are contained in a large means of containment and are placed inside another large means of containment such as a trailer.
An amended Transportation of Dangerous Goods Act, 1992
Marie-France Dagenais, Director General Transport DG Directorate
As you may be aware, the amended Transportation of Dangerous Goods Act, 1992, received royal assent on May 14, 2009 and came into force June 16, 2009. The amended Transportation of Dangerous Goods Act, 1992, remains focused on the prevention of incidents when dangerous goods are imported, handled, offered for transport and transported but also expands the response capability of the Canadian Government in the event of a security incident involving dangerous goods.
The main safety amendments include:
- A new definition of dangerous goods release;
- Reinforcing and strengthening the Emergency Response Assistance Plan Program;
- Reconfirming that inspectors are able to inspect anywhere a means of containment is being manufactured, repaired or tested, unless it is a private dwelling, in which case a warrant is required;
- Modifying the concept of importer to clarify who is the person in Canada responsible for the dangerous goods;
- Changing the name of Permits of Equivalent Level of Safety to Equivalency Certificates and adding the notion of a "Temporary Certificate" to replace the use of Estoppels.
The amended Act now provides for security requirements during the importation, handling, offering for transport and transportation of dangerous goods. The legislative provisions on which the prevention and response security program will be based include:
- Requiring security plans and security training;
- Enabling the use of Security Measures and Interim Orders;
- Enabling regulations to be made to require that dangerous goods are tracked during transport or reported if lost or stolen;
- Reinforcing the existing Emergency Response Assistance Program to equally address responses to security incidents and accidents during the transportation of dangerous goods;
- Enabling the development of a program to require transportation security clearances for dangerous goods. (This section will come into effect at a later date)
These enabling authorities will allow the Transport Dangerous Goods’ directorate to develop new policies and regulations using our regular consultation process in order to enhance the safety and security for Canadians during the transportation of dangerous goods.
Click here for a copy of An Act to amend the Transportation of dangerous Goods Act, 1992
Canada – amendments to Marine Liability Act. Transport Canada issued a media release stating that legislation amending the Marine Liability Act has received royal assent. The legislation will increase the potential liability for oil spills, allowing Canada to ratify the Supplementary Fund Protocol of 2003 to the 1992 International Oil Pollution Compensation Fund and the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. It will also allow Canada to adopt regulations to require commercial passenger vessels to carry liability insurance to compensate passengers in the event of injury or loss of life. The legislation creates a new maritime lien for Canadian businesses that provide supplies to ships (chandlers), putting Canada on a par with the maritime lien regime in the United States. The various changes will come into effect on September 21, except for the changes in the limits of liability and compensation, which will come into effect when Canada ratifies the two international conventions. (6/25/09).
An Act to Amend the Transportation of Dangerous Goods Act, 1992
Order Fixing June 16, 2009 as the Date of the Coming into Force of the Act, Except Section 5
P.C. 2009-953 June 11, 2009
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 37 of An Act to Amend the Transportation of Dangerous Goods Act, 1992, chapter 9 of the Statutes of Canada, 2009, hereby fixes June 16, 2009 as the day on which that Act, other than section 5, comes into force.
EXPLANATORY NOTE (This note is not part of the Order.)
The Order fixes June 16, 2009 as the day on which An Act to Amend the Transportation of Dangerous Goods Act, 1992, chapter 9 of the Statutes of Canada, 2009, comes into force. Section 5 of the enactment, described in paragraph (b) below, is not however being brought into force at this time.
The enactment amends the Transportation of Dangerous Goods Act, 1992, in order to enhance public safety - the safety of human life and health and of property and the environment. The main amendments fall into two categories: new security requirements and safety amendments. These amendments include the following:
(a) requirements for security plans and security training;
(b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances;
(c) the creation of a choice of instruments - regulations, security measures and interim orders - to govern security in relation to dangerous goods;
(d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation;
(e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen;
(f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings;
(g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and
(h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.
Canada’s Transport Minister, John Baird, announced that Bill C-9, an Act to amend theTransportation of Dangerous Goods Act, 1992, has received royal assent and came into force on June 16, 2009.Please find attached the news release “Legislation to Better Protect Canadians from Dangerous Goods Comes Into Force” from Transport Canada.
A change to the shipping paper requirements for hazardous materials being imported into the US took effect this week. As from May 4, the shipper or its agent must provide the initial carrier in the US with the shipper's certification as required by §172.204 of 49 CFR. This will particularly affect shipments from Canada and Mexico; shipping papers prepared in accordance with the Canadian TDG Regulations will have to carry a supplementary statement on the same page as the shipper's signature to certify or declare that the goods being shipped are properly classified, described, packaged, marked and labelled and are in proper condition for transport.
Regulations Amending the Transportation of Dangerous Goods Regulations
May 2, 2009
Issue and objectives
The Transportation of Dangerous Goods Act, 1992 (TDG Act, 1992) and the Transportation of Dangerous Goods Regulations (TDG Regulations) are intended to promote public safety in the transportation of dangerous goods in Canada.
The proposed Regulations Amending the Transportation of Dangerous Goods Regulations would address the following issues, raised after the publication in Part II of the Canada Gazette of Amendment 6 (SOR/2008-34, February 20, 2008), related to a 150 kg exemption for dangerous goods that are available to the general public and the provisions that specify when an Emergency Response Assistance Plan (ERAP) is required.
(1) 150 kg exemption
Issues raised by industry regarding the risk that up to 150 kg of exempted dangerous goods could be introduced into the transport chain without any associated documentation or marking;
(2) ERAP requirements
(a) Interpretation, implementation, and enforcement issues raised regarding the requirements for a person to have an approved ERAP; and
(b) Safety risks raised by industry, Transportation Safety Board of Canada and emergency responders regarding the accumulation of large quantities of dangerous goods in interconnected means of containment.
Interested persons may make representations concerning the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 75 days after the date of publication of this notice.
Click here to view the flow chart provided by Transport Canada to assist with determining ERAP under current regulations. Also available on the International Regulatory Information page on the Members Only site.
Click here to review the flow chart from Transport Canada - to assist with determining ERAP under current regulations.
Regulatory Proposals under Development
Amendments under Development
Request for comments on Proposal To Amend Section 1.15, 150 Kg Gross Mass Exemption.
Proposed Amendment 8 of the TDG Regulations
Request for comments on Schedule 3
2008 Archives - Regulatory Notices
A NEW BILL - AMENDING THE TRANSPORTATION OF DANGEROUS GOODS ACT
On May 26, 2008, the Minister of Transport, Infrastructure and Communities tabled an amended Transportation of Dangerous Goods Act, 1992, in the House of Commons. The legislation will strengthen the Government of Canada’s ability to enhance the safety and security for Canadians during the transportation of dangerous goods.
An amended Transportation of Dangerous Goods Act, 1992 would remain focused on prevention of incidents during the offering, handling, transporting and importing of dangerous goods. It would also enable a prevention program and a response capability for the Government of Canada in the event of a security incident involving dangerous goods.
Following the coming into force of the legislation, the public, industry, first responders and provincial and territorial governments would continue to be fully consulted during the development of new regulations.
PROPOSED AMENDMENTS TO THE ACT
The main amendments to the 1992 Act fall into two categories safety amendments and new security requirements. For a summary of the more significant items click here.
Canadian Regulatory Activity Spreadsheet - March 2, 2008
Canadian Transport Dangerous Goods Regulations
Amendment 6 to the Canadian TDG Regulations has at last been published in Part II of Canada Gazette. The amendment, which is very extensive, updates the Canadian rules to the 14th revised edition of the UN model regulations and further changes have been made to take account of more recent amendments, particularly in the air mode. Publication in Part I of Canada Gazette was back in September 2006 and a lot of international amendments have taken place since then; in addition, the original proposals have been amended in light of comments from industry. The rulemaking is effective immediately. For a summary of the changes click here.
New credentials for Transport Canada inspectors. (February 2008) Transport Canada issued a news release stating that it has commenced implementation of a new format for identification credentials for its inspectors. Among other things, the credentials include state-of-the-art security features.
Reclassification of anhydrous ammonia. Transport Canada issued a news releasestating that it has reclassified anhydrous ammonia from non-flammable, non-toxic gas to toxic gas. This action has been taken to harmonize the regulations with recent changes to the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations. (2/20/08).
Transport Dangerous Goods Canada - Amendment 6
Transport Dangerous Goods Canada, Summary Amendment 6 - February 19, 2008
TDG Clear Language Regulations - Amendment 5
Transport Canada has updated their website to include TDG Clear Language Regulations consolidated to include Amendment 5.
Click here for Amendment Number 5 - Published in Part II of the Canada Gazette September 21, 2005
Transport Canada - Amendment 4 in Gazette II
Transport Canada published Amendment 4 in Gazette II on July 13. Amendment 4 updates standards and allows for the alternate order of the shipping description in shipping papers.
Gazette II
Word File
Copy of TDG Amendment Number 6
Proposed Changes Draft 2 of Amendment 6 to TDG
Transport Canada has announced that Draft 2 of Amendment 6, dated 26 April 2005, is available for review and comment. An explanation of changes made to Schedule 1 is also available.
TDG Canada Clear Language Regulations - http://www.tc.gc.ca/acts-regulations/GENERAL/T/tdg/regulations/tdg001/part_1.htm
TDG Canada Clear Language Regulations Updates -
April 15, 2003
Amendment No. 2 to the TDGR Canada and ICAO Update
Amendment 2 Explanatory Document
Amendment [ICAO Update]
Transport Canada - Basic competency checklist for transporting dangerous goods