Vol. 146, No. 25 — December 5, 2012

Registration

SOR/2012-245 November 23, 2012

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 Ⅰ, 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).

REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (AMENDMENT 11)

AMENDMENTS

1. (1) The entry for section 1.32 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is replaced by the following:

Class 2, Gases, or Ammonia Solutions (Class 8), in Refrigerating Machines Exemption..........1.32

(2) The entry for section 1.32.2 in the Table of Contents of Part 1 of the Regulations is replaced by the following:

Class 2, Gases, Absolute Pressure Between 101.3 kPa and 280 kPa..........1.32.2

2. The second paragraph of italicized text after subparagraph 1.3(2)(j)(ii) of the French version of the Regulations is replaced by the following:

Un autre exemple serait des marchandises dangereuses placées dans un emballage combiné conforme à la Loi et au présent règlement, tel qu’un contenant de type 1A pour les matières infectieuses. L’emballage extérieur est le contenant minimal exigé, car, si cet emballage et tous les autres contenants dans lesquels cet emballage est placé étaient enlevés, les marchandises dangereuses ne seraient plus dans un contenant conforme à la Loi et au présent règlement.

3. The portion of items 16 and 17 of the table to section 1.3.1 of the French version of the Regulations in column 2 is replaced by the following:

Article

Colonne 1

Forme abrégée

Colonne 2


Norme de sécurité ou règle de sécurité

16
(15)

CSA B339

Norme nationale du Canada CAN/CSA B339-02, « Bouteilles et tubes utilisés pour le transport des marchandises dangereuses », juin 2003, modifiée en novembre 2003 et en février 2005, et publiée par l’Association canadienne de normalisation (CSA)

17
(16)

CSA B340

Norme nationale du Canada CAN/CSA B340-02, « Sélection et utilisation de bouteilles, tubes et autres récipients utilisés pour le transport des marchandises dangereuses, classe 2 », juin 2003, modifiée en janvier 2004 et en février 2005, et publiée par l’Association canadienne de normalisation (CSA)

4. (1) The italicized text after the definition “gross mass” in section 1.4 of the Regulations is replaced by the following:

Reference to the minimum required means of containment (see paragraph 1.3(2)(j)) clarifies that, when dangerous goods are in portable tanks required or permitted by Part 5, Means of Containment, and the portable tanks are being transported in an ISO container or in a rail boxcar, the gross mass of the dangerous goods includes the dangerous goods and the portable tank but does not include the mass of the ISO container or the rail boxcar.

(2) The definition “person” in section 1.4 of the Regulations is replaced by the following:

person
(from the Act)

means an individual or an organization. (personne)

(3) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:

organization
(This definition reproduces the definition of “organization” in section 2 of the Criminal Code as incorporated in section 2 of the Act.)

means

  • (a) a public body, body corporate, society, company, firm, partnership, trade union or municipality; or

  • (b) an association of persons that
    • (i) is created for a common purpose,

    • (ii) has an operational structure, and

    • (iii) holds itself out to the public as an association of persons. (organisation)

5. Paragraph 1.8(a) of the Regulations is replaced by the following:

  • (a) are in direct contact with a large means of containment, except when the explosives are to be transported by road vehicle in quantities that are allowed for explosives in section 9.5, Part 9, Road, in Schedule 1 or in any special provision in Schedule 2; or

6. 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 named in the table to section 1.3.1 and in the definitions in section 1.4.

7. (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 in subsection 5.11(6) 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, or
  • Note that subsection 5.11(6) includes two requirements, one for a valve protection cap and one for containment, and that the exemption for aerosol containers in subparagraph (i) applies only to the containment requirement in that subsection; the requirement for a valve protection cap continues to apply.

(2) Paragraph 1.15(2)(f) of the Regulations is replaced by the following:

  • (f) are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;

8. (1) The portion of paragraph 1.16(1)(e) of the Regulations before subparagraph (i) is replaced by the following:

  • (e) any document referred to in paragraph (d), other than a shipping document, includes the following information in the following order:

(2) Paragraph 1.16(2)(f) of the Regulations is replaced by the following:

  • (f) are included in Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances that on Contact with Water Emit Flammable Gases (Water-reactive Substances); and in Packing Group I;

9. The portion of paragraph 1.18(a) of the Regulations before subparagraph (i) is replaced by the following:

  • (a) a medical device, wheelchair or medical article if

10. The title of section 1.32 of the Regulations is replaced by the following:

1.32 Class 2, Gases, or Ammonia Solutions (Class 8) in Refrigerating Machines Exemption

11. (1) The portion of subsection 1.32.1(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

  • (1) The following dangerous goods may be identified by the UN number UN1075 and the shipping name LIQUEFIED PETROLEUM GASES instead of the UN number and shipping name identified for them:

(2) Subsections 1.32.1(2) and (3) of the English version of the Regulations are replaced by the following:

  • (2) The shipping name of the dangerous goods listed in paragraphs (1)(a) to (f) may be shown on the shipping document, in parentheses, following the words LIQUEFIED PETROLEUM GASES.
  • (3) If either UN1077, PROPYLENE, or UN1978, PROPANE, is to be transported on a road vehicle or railway vehicle on board a ship and is identified as LIQUEFIED PETROLEUM GASES on the shipping document in accordance with subsection (1), the shipping name PROPYLENE or PROPANE, as appropriate, must be shown on the shipping document, in parentheses, following the words LIQUEFIED PETROLEUM GASES.

12. Section 1.32.2 of the Regulations is replaced by the following:

  • 1.32.2 Class 2, Gases, Absolute Pressure Between 101.3 kPa and 280 kPa
  • Gases that are at an absolute pressure between 101.3 kPa and 280 kPa at 20°C, other than gases included in Class 2.1 or Class 2.3, may be handled, offered for transport or transported on a road vehicle, a railway vehicle or a ship on a domestic voyage as Class 2.2, Non-flammable, Non-toxic gas. In that case, the requirements of these Regulations that relate to gases included in Class 2.2 must be complied with.

13. Paragraph 1.32.3(c) of the French version of the Regulations is replaced by the following:

  • c) la masse brute des marchandises dangereuses est inférieure ou égale à 500 kg;

14. The portion of section 1.47 of the Regulations after the title and before paragraph (a) is replaced by the following:

  • Paragraphs 5.10(1)(a), (b) and (d) and subsection 5.10(2) of Part 5, Means of Containment, do not apply to the handling, offering for transport or transporting of UN1044, FIRE EXTINGUISHERS, on a road vehicle, a railway vehicle or a ship on a domestic voyage if the fire extinguishers

15. The entry for Appendix 3 in the Table of Contents of Part 2 of the Regulations is replaced by the following:

APPENDIX 3     Guide to Category A and Category B Assignment

16. Subparagraph 2.29(2)(c)(i) of the English version of the Regulations is replaced by the following:

  • (i) Packing Group I if the LC50 (inhalation) is less than or equal to 0.2 mg/L,

17. The portion of item 3 of the table entitled Bacteria under the heading UN2814, Category A – Virus and Bacteria in Appendix 3 to Part 2 of the English version of the Regulations in Column 3 is replaced by the following:

Item

Column 1

Family

Column 2

Genus

Column 3

Species

3 (3)

 

Burkholderia

(a) mallei (formerly: pseudomonas mallei) (Glanders)

(b) pseudomallei (formerly: pseudomonas pseudomallei)

18. Section 4.1 of the Regulations is replaced by the following:

4.1 Requirements for Dangerous Goods Safety Marks

A person must not offer for transport, transport or import a means of containment that contains dangerous goods unless each dangerous goods safety mark required by this Part and illustrated in the appendix to this Part, or illustrated in Chapter 5.2 or 5.3 of the UN Recommendations, is displayed on it in accordance with this Part.

19. Section 5.5 of the Regulations is replaced by the following:

5.5 Filling Limits

  • (1) A person filling a means of containment with dangerous goods must not exceed the maximum quantity limit specified in a safety standard or safety requirement applicable to that means of containment.
  • (2) If the maximum quantity limit for a means of containment is not specified in a safety standard or safety requirement, the person filling the means of containment with dangerous goods
    • (a) must not exceed the maximum quantity limit established by the manufacturer for the means of containment; and
    • (b) must ensure that the means of containment could not become liquid full at any temperature that is less than or equal to 55°C.

20. Subparagraph 5.10(1)(d)(ii) of the Regulations is replaced by the following:

  • (ii) CSA B622 and, despite any indication to the contrary in CSA B620, Appendix B of CSA B620,

21. Subparagraph 5.14(1)(a)(ii) of the Regulations is replaced by the following:

  • (ii) CSA B621 and, despite any indication to the contrary in CSA B620, Appendix B of CSA B620,

22. The portion of section 5.14.1 of the Regulations after the title and before paragraph (a) is replaced by the following:

For the purposes of subparagraphs 5.14(1)(a)(ii) and (d)(iii),

23. Subsection 9.3(3) of the Regulations is replaced by the following:

  • (3) When dangerous goods are transported in a large means of containment to or from a ship, a port facility or a marine terminal, the large means of containment must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks, or the IMDG Code.

24. The following italicized text is added after subsection 9.4(1) of the Regulations:

If the dangerous goods are not regulated in Canada, the placards are not required to be displayed on the large means of containment.

25. Subsection 10.3(3) of the Regulations is replaced by the following:

  • (3) When dangerous goods are transported in a large means of containment to or from a ship, a port facility or a marine terminal, the large means of containment must have placards displayed on it in accordance with Part 4, Dangerous Goods Safety Marks, or the IMDG Code.

26. The following italicized text is added after subsection 10.4(1) of the Regulations:

If the dangerous goods are not regulated in Canada, the placards are not required to be displayed on the large means of containment.

27. Schedule 1 to the Regulations is amended by adding the following after UN Number UN3358:

Col. 1

UN Number

Col. 2

Shipping Name and Description

Col. 3


Class

Col. 4

Packing Group/ Category

Col. 5

Special Provisions

UN3373

BIOLOGICAL SUBSTANCE, CATEGORY B

6.2

Category B

  

Col. 6


Explosive Limit and Limited Quantity Index

Col. 7



ERAP Index

Col. 8


Passenger Carrying Ship Index

Col. 9

Passenger Carrying Road Vehicle or Passenger Carrying Railway Vehicle Index

Col. 10



Marine Pollutant

0

  

4

4

  

28. The portion of subsection (2) of special provision 16 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:

  • (2) Despite subsection (1), the technical name for the following dangerous goods is not required to be shown on a shipping document or on a small means of containment when Canadian law for domestic transport or an international convention for international transport prohibits the disclosure of the technical name:

29. 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 in subsection 5.11(6) 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.
  • Note that subsection 5.11(6) includes two requirements, one for a valve protection cap and one for containment, and that the exemption for aerosol containers in special provision 80 applies only to the containment requirement in that subsection; the requirement for a valve protection cap continues to apply.
  • 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

TRANSITIONAL PROVISION

30. A person may, for a six month period that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day.

COMING INTO FORCE

31. These Regulations come into force on the day on which they are published in the Canada Gazette , Part Ⅱ.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

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.

Description and rationale

Most of the changes are editorial in nature and generally return the regulatory text to wording that existed before Amendment 6.

Some notable changes are described in the following paragraphs

  • The definition of “person” is changed for clarity and a definition of “organization” is added to complement the definition of “person” and to align the Regulations with the revisions to the Transportation of Dangerous Goods Act, 1992 (TDG Act), which received Royal Assent in June 2009. The current wording in the Regulations refers readers to the Criminal Code for the definition of “person,” but in the English version of the Code this term is coupled with two other terms that have the same definition and is difficult to find.
  • Section 1.15 is changed to allow up to six aerosol containers containing a Class 2 gas to be transported without requiring that they be packed in accordance with Part 5, Means of Containment. This change will benefit certain service-oriented industries, currently operating under a permit, that typically carry aerosol containers for servicing computers and other machinery. A related amendment is made to special provision 80 to provide consistency within the regulatory text. Before Amendment 6, section 1.15 did not require compliance with Part 5 for dangerous goods included in Class 2 and permits were not needed.
  • Section 5.5, Filling Limits, before Amendment 6, placed filling limits on means of containment only where those limits were not already specified in a safety standard or safety requirement. This was intended to cover non-standardized means of containment that were permitted for use by the Regulations in some cases but where no filling limits in a safety standard or safety requirement were applicable. The wording of section 5.5 in Amendment 6 resulted in the imposition of a blanket requirement regardless of filling requirements in safety standards or safety requirements. In some cases, the safety standards and safety requirements have different criteria for specific situations and specific dangerous goods that are safe and cost effective. These criteria would be overridden by the current wording of section 5.5. This causes confusion and misinterpretation of requirements for stakeholders and interpretation problems for enforcement personnel. This amendment changes section 5.5 to reflect pre-Amendment 6 wording.
  • In subsection 9.3(3) of Part 9, Road, and subsection 10.3(3) of Part 10, Rail, this amendment reinstates the option, removed in Amendment 6, to display the dangerous goods safety marks required by the IMDG Code for transport to or from a ship, a port facility or a marine terminal. This change eliminates the need to change placards on means of containment. In addition, italicized text is added after subsections 9.4(1) and 10.4(1) to clarify that if dangerous goods are not regulated in Canada, placards are not required to be displayed on large means of containment. This change will reduce confusion for stakeholders and enforcement personnel.

Other changes are editorial in nature and include

  • correcting the publication date for two safety standards in the table to section 1.3.1;
  • correcting typos or references to other requirements in the TDG Regulations in the italicized text following the definition of “gross mass,” in paragraph 1.8(a), in section 1.9, in paragraph 1.18(a), in subparagraph 5.10(1)(d)(ii) and in the English version of subparagraph 2.29(2)(c)(i) where “0.2 g/L” in the current text is corrected to read “0.2 mgL”;
  • correcting the title of Class 4 in section 1.15 and section 1.16;
  • correcting paragraph 1.16(1)(e) so that the obligation applies to documents other than a shipping document;
  • correcting the title of section 1.32.2 to align with the text;
  • correcting the French version of paragraph 1.32.3(c) to align it with the English text;
  • correcting the shipping name for liquefied petroleum gases in the English version of section 1.32.1;
  • correcting the manner in which UN3373 was added to Schedule 1;
  • correcting special provision 16 to align subsection (2) of the special provision with subsection (1);
  • correcting the table of contents to Part 2, Classification, to replace “Guide to Risk Group Assignment” with “Guide to Category A and Category B Assignment”; and
  • correcting Item 3 in Appendix 3, Bacteria, to Part 2, Classification, so that “formally” reads “formerly.”

Consultation

Consultation included the identification of issues and concerns arising from Amendment 6. Clarity and presentation of the texts, costs and benefits, alternatives and enforcement policies were discussed with groups and organizations responsible for public safety. The proposed amendments were presented to the following groups:

  • the members of the Federal/Provincial/Territorial TDG Task Force, spring 2009 and 2010;
  • the members of the Transportation of Dangerous Goods General Policy Advisory Council, spring 2009 and 2010;
  • the members of the Multi-Association Committee on Transportation of Dangerous Goods (MACTDG), spring 2009 and 2010;
  • the general public through the Transportation of Dangerous Goods Website, spring 2009 and 2010; and
  • the five TDG regional offices, spring 2009 and 2010.

Comments were received from provincial authorities, carriers, industry, and enforcement personnel.

Commenters supported the proposed changes, though some required clarification on the wording of the document presented for consultation. This amendment reflects the comments received as a result of these informal consultations.

The proposed amendments were prepublished in the Canada Gazette, Part Ⅰ, on March 10, 2012, followed by a 75-day prepublication period. Seven comments were received; of these, five expressed full support for this amendment. The two other commenters, while supporting the contents of this amendment, suggested editorial changes to the French version of section 1.15; these were incorporated into this amendment.

Implementation, enforcement and service standards

Verification of compliance with the TDG Act and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial enforcement bodies that inspect all modes of transport and all consignors of dangerous goods. This amendment includes a transition period of six months from the day on which these Regulations come into force, in which a person may comply with the TDG Regulations as they read immediately before the day of their publication in the Canada Gazette, Part Ⅱ.

Contact

For further information on the amendments to the TDG Regulations, please contact

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

Footnote a
S.C. 2009, c. 9, s. 29(1)

Footnote b
S.C. 1992, c. 34

Footnote c
S.C. 2009, c. 9, s. 25

Footnote d
S.C. 1992, c. 34

Footnote 1
SOR/2001-286