The requirement for an ERAP is set out in Section 7 of the TDG Act, which then leads one to the Regulations.  The Regulations set out how a person can classify any substance and subsequently choose the appropriate shipping name in Schedule 1.   The interpretation applied to this set of facts is that should an ERAP be required when a substance is classified in accordance with Part 2, Classification, of the Regulations, then an ERAP is required even if a UN number and shipping name not included in Schedule 1 is used by virtue of reciprocity or harmonization provisions of the Act or regulations.  This interpretation is included in the regulatory text of Amendment 6 as new subsection 7.1(7) (see box below). 

Schedule 1 in the TDG Regulations is currently aligned with the 11^th Edition of the UN Recommendations.  Consequently, the last UN number in the Schedule is UN3358.  The last UN number in the 14^th Edition of the UN Recommendations is UN3473.  Obviously, some new UN numbers have been added to the UN Recommendations in the 12^th, 13^th and 14^th Editions.  The majority of the new UN numbers resulted from dividing into two separate entries with different UN numbers, shipping names that included liquids and solids or in streamlining the lists of Class 4 and Class 5 dangerous goods.  Consequently, as far as the application of the ERAP requirements are concerned, if the dangerous goods described under the "old" UN number required an ERAP then the dangerous goods described under new UN numbers also require an ERAP.

Section 1.10 of the TDG Regulations allow the use of the appropriate classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by road, rail or ship on a domestic voyage if the dangerous goods are not forbidden for transport in the TDG Regulations, the ICAO Technical Instructions, the IMDG Code or the UN Recommendations.

Section 1.10 raises the question of whether or not an ERAP is required if the classification in one of the documents referred to in the section is used.  In Amendment 6 the Directorate is proposing to clarify this by adding the following subsection to section 7.1 of Part 7:

Questions concerning ERAPS may be directed to the applicable Remedial Measures Specialist.

For ease of reference, the definition of "classification" and the text of section 1.10 from Part 1 of the TDG Regulations are provided:

Note that in Amendment 6, the reference to risk group in the definition of "classification" will be changed to "infectious substance category".

1.10     Use of Classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations

            A person may use the appropriate classification set out in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a ship on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.

The list of new UN numbers that require an ERAP is included below with their ERAP index.

NEW UN NUMBERS AND PACKING GROUPS REQUIRING AN ERAP WITH THEIR ERAP INDEX