Major update for Canada

MAPLE LEAF RAG

CANADA • TRANSPORT CANADA HAS ISSUED A FAR-REACHING PROPOSAL TO AMEND ITS TDG REGULATIONS TO BRING THEM CLOSER INTO LINE WITH INTERNATIONAL AND US PROVISIONS

TRANSPORT CANADA HAS acknowledged that its Transportation of Dangerous Goods (TDG) Regulations are not aligned with the latest international codes, a situation that directly affects Canadian stakeholders, imposing an administrative and economic burden and putting them at a competitive disadvantage. Also, differences between Canadian and US regulations create regulatory barriers that impede the seamless transport of dangerous goods across the border, resulting in additional costs, delays and administrative burden. In addition, the provisions for air transport lack clarity and impose costs on stakeholders because they do not reflect current domestic needs, including the need to transport dangerous goods to remote communities.

In response, Transport Canada has published proposals to issue Regulations Amending Certain Regulations Made Under the Transportation of Dangerous Goods Act, 1992. This includes: • The incorporation of changes and new requirements adopted in the 22nd revised edition of the UN Model Regulations and Amendment 40-20 of the International

Maritime Dangerous Goods (IMDG) Code • Amendments to the existing TDG provisions for dangerous goods safety marks, classification information, shipping names and packaging requirements • Updates to Canadian standards that are incorporated by reference, to better align with the UN Model Regulations in terms of the design, manufacture and use of means of containment • Allowing the use of dangerous goods safety marks prescribed in the US

Hazardous Materials Regulations (HMR) and special permits issued in the US for the transport of dangerous goods by road and rail across North America • A complete revision of the air transport requirements in Part 12 of the TDG

Regulations, updating provisions for transport to remote locations and exemptions for medical, scientific, aerial and enforcement activities to reflect current domestic needs.

The proposed amendments have been under discussion since 2019 and have received broad support from industry. The final proposals were published in Canada Gazette Part I on 26 November 2022 with a 75-day consultation ending on 9 February 2023. After that, Transport Canada will work up a final rule for publication in Canada Gazette Part II, at which point the amendments will take effect.

CLASSIFICATION ISSUES The TDG Regulations include a list of dangerous goods in Schedule 1; however, even if a substance is listed here, a consignor in Canada must determine, on the basis of tests, if the substance does in fact meet the criteria. Given that the dangerous goods included in Schedule 1 are already classified, requiring validation of the internationally agreed classification is unnecessarily onerous for stakeholders. Transport Canada says that stakeholders also find it challenging to comply with the outdated classification provisions in the TDG Regulations, which have not adopted changes included in the UN Model Regulations since 2001. This lack of alignment means that Canadian consignors are missing out on the use of safer and more practical testing methods.

The proposed Regulations would simplify the classification process by referring directly, where possible, to the classification provisions in the UN Recommendations, except for the classification of explosives and radioactive materials, which are regulated under the Explosives Regulations 2013 and the Packaging and Transport of Nuclear Substances Regulations 2015, respectively. This would allow for use of the most up-todate classification provisions and provide harmonisation.

Transport Canada has also got behind with adopting new UN numbers included in recent editions of the UN Model Regulations; Its proposals will therefore add 16 new UN entries covering solid medical waste, articles containing dangerous goods, lithium batteries in cargo transport units, and cobalt dihydroxide powder.

Nor have recent updates and additions to the special provisions been adopted. Transport

Canada’s proposals would add six new special provisions covering a range of topics, and update several existing special provisions to reflect changes in the UN Model Regulations or to provide clarification.

OTHER PLANS Currently, the TDG Regulations do not allow text to appear on placards, although there is permission to do so in the UN Model Regulations. Transport Canada is proposing to allow the use of placards prescribed in the US HMR, including the display of text, as part of its aim to simplify cross-border transport.

Transport Canada has also been looking at its current restrictions on the minimum size of labels, particularly for gas cylinders and small packages. These provisions will be aligned with the UN Model Regulations, along with a specification that all labels displayed on a means of containment must be so positioned as to be visible from a single vantage point.

Another recently adopted UN provision is included in the proposals, namely the requirement to add qualifying words such as ‘MOLTEN’, ‘STABILISED’, ‘TEMPERATURE CONTROLLED’ AND ‘MIXTURE’ as part of the proper shipping name, where relevant.

The proposals also aim to wrap up some standards recently issued by the Canadian General Standards Board (CGSB), specifically: CAN/CGSB-43.150 on the design, manufacture and use of UN standardised drums, jerricans, boxes, bags, combination packaging, composite packaging and other packagings for the transport of dangerous goods; CAN/ CGSB-43.145 on the design, manufacture and use of large packagings for the transport of dangerous goods; and a terminological amendment in CAN/CGSB-43.125 on packaging for Category A and B infectious substances.

ALIGNMENT WITH THE US Among the planned amendments designed to further align the TDG Regulations with US HMR are: • Allowing a shipment of dangerous goods transported by road or railway vehicle to be returned to the US or a shipment originating in Canada to be transported to the US in accordance with the classification, marking, labelling, placarding and documentation requirements of the US HMR • Allowing the use of special permits issued in the US for the transport of dangerous goods from Canada to the US by road or rail, provided the special permit number is shown on the shipping document • Accepting the US ‘toxic by inhalation’ label and placard as an alternative to the Canadian requirement to display the words ‘inhalation hazard’ in addition to the Division 2.3 or Division 6.1 label or placard • Allowing the display of both Division 2.2 and 5.1 labels/placards on a means of containment containing UN 1072, 1073, 3156 or 3157, as an alternative to the oxidising gas label or placard, which is unique to Canada • Allowing the use of text that communicates hazard, such as ‘CORROSIVE’ or ‘FLAMMABLE’ on labels and placards.

AIR ALIGNMENT There are some significant changes proposed in the air transport requirements, not least permission for dangerous goods to be transported by road or rail vehicle in packaging that complies with the International Civil Aviation Organisation’s (ICAO) Technical Instructions (Tis). As a result, dangerous goods in non-venting packagings could be transported by road or rail before or after a flight even though vented packagings would otherwise be required under the TDGR.

The ICAO TIs would be incorporated by reference and provide the primary source of requirements for the transport of dangerous goods by air. Part 12 would be restructured to clearly identify when TDG Regulations provisions would apply either instead of, or in addition to, specific ICAO TI provisions. For example, the TDG Regulations would continue to apply for training and containers for gases and radioactive materials; however, rather than applying in addition to the ICAO TIs, the TDG Regulations would apply instead of the equivalent ICAO TI provisions. The proposed Regulations would also require that explosives be classified in accordance with the TDG Regulations instead of the ICAO TIs.

The reporting requirements for air transport would be moved from Part 8 (Reporting) of the TDG Regulations to Part 12. Reports of undeclared or misdeclared dangerous goods would be required to be submitted electronically rather than by phone. In addition, undeclared or misdeclared dangerous goods discovered in passenger or crew baggage would be reported monthly instead of as soon as possible.

Part 12 currently includes a number of air-specific exemptions to facilitate the transport of dangerous goods by air within Canada and there are several amendments planned.

The full text of the proposed amendments is available online at www.gazette.gc.ca/rp-pr/ p1/2022/2022-11-26/html/reg3-eng.html.