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Vol. 137, No. 17 — August 13, 2003 Registration TRANSPORTATION OF DANGEROUS GOODS ACT, 1992 Regulations Amending the Transportation of Dangerous Goods RegulationsP.C. 2003-1123 24 July, 2003 Whereas, pursuant to subsection 30(1) of the Transportation of Dangerous Goods Act, 1992 (see footnote a) , a copy of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on July 20, 2002 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 of the Transportation of Dangerous Goods Act, 1992 (see footnote b) , hereby makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations. REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS AMENDMENTS 1. (1) Subsections 1.17(2) to (5) of the Transportation of Dangerous Goods Regulations (see footnote 1) are replaced by the following: (2) These Regulations do not apply to a limited quantity of dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the means of containment is marked on one side, other than the side on which it is intended to rest or to be stacked during transport, with the words "Limited Quantity" or "quantité limitée", the abbreviation "Ltd. Qty." or "quant. ltée" or the words "Consumer Commodity" or "bien de consommation" and the words are legible and displayed against a background of contrasting colour. (3) These Regulations do not apply to an accumulation of limited quantities of dangerous goods in transport on a road vehicle, a railway vehicle or a ship on a domestic voyage if the limited quantities are in one or more means of containment, each of which is marked on one side, other than the side on which it is intended to rest or to be stacked during transport, with the words "Limited Quantity" or "quantité limitée", the abbreviation "Ltd. Qty." or "quant. ltée" or the words "Consumer Commodity" or "bien de consommation" and the words are legible and displayed against a background of contrasting colour. (4) When a limited quantity is in a means of containment that is inside another means of containment that has a gross mass less than or equal to 30 kg and the outer means of containment is marked in accordance with subsection (2) or (3), the inside means of containment is considered to be marked in accordance with that subsection. (5) When the gross mass of an accumulation of limited quantities offered for transport by one consignor to one destination is greater than 500 kg, the consignor must give to the carrier a document that includes the words "Limited Quantity" or "quantité limitée", the abbreviation "Ltd. Qty." or "quant. ltée" or the words "Consumer Commodity" or "bien de consommation". (2) Section 1.17 of the Regulations is amended by adding the following after subsection (5): This section does not differentiate between limited quantities and consumer commodities for domestic transport by road, rail or ship. However, consignors need to comply with the requirements for international ship transport in Part 11, Marine, and with the requirements for domestic and international transport by air in Part 12, Air. If a means of containment is marked "Consumer Commodity" and is transported to the United States, the consignor needs to comply with the definition of "Consumer Commodity" in 49 CFR. 2. Paragraph 1.19(2)(f) of the Regulations is replaced by the following: (f) the means of containment has marked on it the words "test samples" or "échantillons d'épreuve" and the words are legible and displayed against a background of contrasting colour. 3. Section 1.20 of the Regulations is replaced by the following: 1.20 National Defence For the purposes of paragraph 3(4)(a) of the Act, any activity or thing related to the transportation of dangerous goods is under the sole direction or control of the Minister of National Defence if the dangerous goods are in or on a means of transport (a) owned and operated by the Department of National Defence or operated on behalf of the Department of National Defence by
(ii) a member of the Canadian Forces, or (iii) civilian personnel who are not employed by the Department of National Defence if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department of National Defence or a member of the Canadian Forces; (b) owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization or operated on behalf of such an establishment by
(ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment; or (c) owned and operated by the military establishment of another country under an agreement with the Department of National Defence or operated on behalf of such an establishment by
(ii) civilian personnel who are not employed by that establishment if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment. 4. Paragraphs 1.35(a) to (c) of the Regulations are replaced by the following: (a) the dangerous goods are in one or more means of containment, each of which is visible from outside the vehicle and each of which has displayed on it
(ii) if a side or end of the means of containment is not visible from outside the vehicle, the label or placards required for the dangerous goods by Part 4, Dangerous Goods Safety Marks, other than a placard on the side or end that is not visible from outside the vehicle; (b) each means of containment is secured to the vehicle so that the required label or at least one of the required placards displayed on it is visible from outside the vehicle during transport; and (c) the total water capacity of all the means of containment is less than or equal to 2 000 L. 5. Section 4.1 of the Regulations is renumbered as subsection 4.1(1) and is amended by adding the following: (2) Despite subsection (1), a person may, before August 15, 2005, offer for transport, transport or import a small means of containment that contains dangerous goods if each dangerous goods safety mark required by the "Transportation of Dangerous Goods Regulations" in force on August 14, 2002 has, in accordance with those Regulations, been displayed on it since that date. 6. Section 5.10 of the Regulations is amended by adding the following after subsection (5): (6) Despite clause 2 of CSA B339, for the purposes of this section every reference in CSA B339 to CGA Publication C-1 must be read as a reference to CGA Publication C-1—1996, "Methods for Hydrostatic Testing of Compressed Gas Cylinders", Seventh Edition, published by the Compressed Gas Association, Inc. 7. (1) The italicized text after subsection 5.12(1) of the Regulations is struck out. (2) Section 5.12 of the Regulations is amended by adding the following after subsection (2): (3) A person may, before August 15, 2005, offer for transport or transport dangerous goods in a small means of containment required or permitted by the "Transportation of Dangerous Goods Regulations" in force on August 14, 2002 if the dangerous goods were placed in the small means of containment on or before August 14, 2002. 8. In the table following subsection 8.1(5) of the Regulations, the reference to "the local police and the Public Emergency Programme at 1-800-663-3456" beside the reference to "British Columbia" is replaced by "the local police and the Provincial Emergency Program at 1-800-663-3456". 9. (1) The portion of subsection 12.8(2) of the Regulations before paragraph (b) is replaced by the following: (2) The person who offers for transport the dangerous goods must, on each small means of containment that contains the dangerous goods, (a) mark the words "Air Transport, 12.8, Consumer commodity" or "Transport aérien, 12.8, produit de consommation" in letters at least 25 mm high and in a colour that contrasts with the background colour of the means of containment; and (2) Section 12.8 of the Regulations is amended by adding the following after subsection (2): (3) Despite subsection (2), the dangerous goods safety marks that are required by that subsection to be marked or displayed on a small means of containment are not required to be marked or displayed on a small means of containment that is inside another small means of containment if the other small means of containment is not opened during loading or unloading or while the dangerous goods are in transport. COMING INTO FORCE 10. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description 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 clear language version of the TDG regulations was published in the Canada Gazette, Part II, on August 15, 2001. The clear language regulations came into force on August 15, 2002 and replaced the TDG regulations that came into force in July 1985. The Regulations Amending the Transportation of Dangerous Goods Regulations correct errors, oversights and omissions resulting from the publication of the clear language version of the TDG Regulations and clarify the intent of the TDG regulations. Subsections 1.17(2) and (3) have been amended to delete references to a minimum letter size that is to be marked on a means of containment for limited quantities of dangerous goods that are transported by road vehicle, rail vehicle or by ship on a domestic voyage. Persons responsible for applying this marking must ensure that the lettering is visible and legible. Subsections 1.17(2) to (5) have also been amended to recognize the words "Consumer Commodity" or "bien de consommation". The TDG Regulations will not differentiate between limited quantities and consumer commodities for domestic transport by road vehicle, railway vehicle or by ship on a domestic voyage. However, consignors need to comply with the appropriate requirements in Part 11 and Part 12 for international transport of consumer commodities by ship and by aircraft and, in the case of consumer commodities transported to the United States, with the requirements associated with the definition of "Consumer Commodity" that is found in Title 49 of the Code of Federal Regulations of the United States, 2000. Section 1.20 dealing with the Department of National Defence has been amended to reflect the exemption that applied under section 2.2 of the former regulations. Subparagraph 1.35(a)(ii) has been added to ensure that at least one label or placard is displayed on the side or end of a means of containment that is visible from outside the vehicle. However, there is no requirement to display a placard on a side or end that is not visible from outside the vehicle. Subsection 4.1(2) has been added to permit, until August 14, 2005, the use of small means of containment that were labelled in accordance with the former regulations. This is meant to allow the use and depletion of inventories of pre-marked small means of containment that would no longer be in compliance as of August 15, 2002. Subsection 5.12(3) has been added to permit, until August 14, 2005, the use of small means of containment that contain dangerous goods packed before August 15, 2002 and that complied with the former regulations. This is meant to allow the use and depletion of inventories of pre-filled small means of containment that would no longer be in compliance as of August 15, 2002. Subsection 12.8(2) has been amended. Marking the words "Air Transport, 12.8, Consumer commodity" on each small means of containment will clearly indicate that the requirements of section 12.8 apply for the transport of consumer commodities by air. Subsection 12.8(3) has been added and further clarifies when the outer means of containment needs to be marked or have the package orientation label displayed. Alternatives The amendments contains minor editorial changes arising from the recent publication of the clear language TDG regulations. While minor in nature and consequence, these changes enhance the transportation of dangerous goods regulatory program. The amendments reflect what has been considered to be the best alternative based on safety and economic grounds. Consequently, no alternative was considered. Benefits and Costs The amendments contain minor editorial changes to correct errors, oversights and omissions resulting from the publication of the clear language version of the TDG regulations and to clarify the intent of the TDG regulations. Some amendments facilitate the international and transborder movement of dangerous goods. There will be costs associated with these amendments and the corresponding requirement for re-training. While minor in nature and consequence, these changes enhance the transportation of dangerous goods regulatory program. Many requests have been received for permits for equivalent level of safety to retain the use of the term "Consumer Commodity". This amendment allows the use of the term "Consumer Commodity". The TDG Regulations will not differentiate between limited quantities and consumer commodities. This recognition of the concept of consumer commodities for domestic transport by road vehicle, railway vehicle or by ship on a domestic voyage will facilitate domestic transport and the movement of these goods to the United States. It is further recognized that costs associated with replacing "Consumer Commodity" with "Limited Quantity" due to the clear language version of the TDG Regulations have already been incurred by some companies in re-training of employees, ordering of new supplies and equipment, marking means of containment, and modifying computer programs. Subsections 4.1(2) and 5.12(3) allow the use of small means of containment that contain dangerous goods that were labelled or packaged in accordance with the former regulations. This lets industry exhaust, those particular inventories that are already in the system without re-labelling or repackaging the dangerous goods at great expense. A number of comments were received requesting this type of "grandfathering" and this reflects permits for equivalent level of safety that have already been issued. Safety is not expected to be compromised as these small means of containment make their way through the system. Consultation The amendments have benefited from discussions and consultations that continued following the publication of the clear language TDG Regulations in the Canada Gazette, Part II, on August 15, 2001, at the Transportation of Dangerous Goods General Policy Advisory Council and the Federal-Provincial/ Territorial TDG Task Force meetings, at meetings with industry representatives, from articles published in the TDG Newsletter, and from comments received at the TDG Congress held in Ottawa on November 5th and 6th, 2001. These amendments reflect the concerns raised and the alternatives discussed and adopted. The amendments were pre-published in the Canada Gazette, Part I, on July 20, 2002. Subsequent discussions and consultations were held at TDG General Policy Advisory Council and the Federal-Provincial/Territorial TDG Task Force meetings, at meetings with industry representatives and following the posting on the Transport Canada Web site of the latest drafts of the amendments. Twenty-two written submissions were received from companies, industry associations, government representatives and interested parties. Concern was expressed with subsection 1.17(5) and the requirement to include a modified document when reshipping an accumulation of consumer commodities from one consignor to one destination when the gross mass is greater than 500 kgs. Commentors are not aware of any significant safety concerns that warrant the document and feel the benefit will be overshadowed by the burden placed on industry. They suggested that it would be impossible for those who re-ship consumer commodities in Canada from the United States, to ascertain the classes of consumer commodities since there is no indication on the original shipping document nor the packaging of the class or classes of dangerous goods involved. As well, it was pointed out that consumer commodities imported by air would be marked universally as Class 9. In addition, consumer commodities in Canada have been identified only by the words "consumer commodities" on packages since 1985. The requirement to indicate on the document that limited quantities or consumer commodities are present, remains. This information assists emergency responders when responding to accidents. The requirement for a list of the classes of dangerous goods on the shipping document has been deleted. Commentors expressed concern with the reinstatement of a minimum letter size requirement in subsection 1.17(2) and (3), and paragraph 1.19(2)(f) on small means of containment. It was mentioned that this requirement is in conflict with permits for equivalent level of safety and the U.S. Title 49 Regulations. It is estimated that this requirement would cost one company in excess of $500,000 for new graphics, additional resources and a significant investment of time. References to a minimum letter size for limited quantities, consumer commodities and test samples have been removed. Commentors expressed concern with the inclusion of a note on the shipping document, in subsections 4.1(2) and 5.12(3), identifying small means of containment that contain dangerous goods that were labelled or packaged in accordance with the former regulations. Commentors felt that this represented an excessive bureaucratic requirement and expense for material that is already in the system and gradually being reduced, as the goods are needed. Industry has been given permits of equivalent level of safety to allow the transportation of dangerous goods in small means of containment that were labelled or packaged before August 15, 2002 without the need for an additional note. Although some commentors did support the inclusion of a note, the requirement has been deleted. Other changes were introduced following pre-publication based on comments received and discussions held. Examples include minor revisions to the text at the end of subsections 1.17(2) and (3) to render the text more consistent with the wording used in Part 4. Changes to subsections 1.19(1) and (2), and sections 1.26 and 1.46 regarding Part 11 and Part 12 have been deleted. These changes clarified that samples transported internationally by marine and domestically and internationally by air would be transported in compliance with Part 11 and Part 12. It was felt that this clarification could be introduced elsewhere in the TDG Regulations and will be handled in a future amendment. UN1863, Fuel, Aviation, Turbine Engine has been deleted from the list of Class 3, Flammable Liquid exemptions found in section 1.35. Standards associated with the formulation of aviation fuels require further study to determine what aviation fuels should be included in this exemption. It is believed that this exemption should include Jet A fuels and exclude Jet B fuels. UN1863 will be introduced in this exemption in a future amendment. References to handling, offering or transporting in the preamble to section 1.35 have been deleted to maintain consistency with other similar sections in Part 1. The exemption from displaying a UN number has been re-instated. The changes are intended to reflect the exemption found in the former regulations. The change to section 1.45 has been deleted. The intent was to have all the requirements concerning fumigated means of containment in one place. Those requirements are now in section 1.45, subsection 3.5(3) and section 4.21. It is felt that placing these requirements in the one location defeats the logic of the current alignment and that italicized text (to be added in a future amendment) reminding the reader of the other relevant sections would be a better means of clarifying the text. All changes regarding subsection 3.5(3) and section 4.21 have also been deleted from this amendment. Paragraph 3.5(1)(g) requiring the reporting mark of the railway vehicle on a shipping document is deleted. Unless dangerous goods are in a tank car, it is impossible for consignors to know what railway vehicle their consignment will be placed in for transport, so requiring the reporting mark on a shipping document is not practicable. Strategic Environmental Assessment The TDG regulations are developed under the TDG Act, 1992 that has as its objective the protection of public safety in the transportation of dangerous goods. Public safety is defined in the Act as the protection of human life and health and of property and the environment. Consequently, effects on the environment resulting from accidental releases of dangerous goods during transport have been fully considered. Consultations were also held concerning forcing modal shifts for the transport of dangerous goods but it could not be determined that such shifts would be beneficial to public safety. Thus, these Regulations will not affect the location or level of use of the different transportation modes and consequently will have no negative impact on the environment, from a strategic point of view. Compliance and Enforcement Compliance with the TDG Act, 1992, and the TDG regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces who inspect all modes of transport and all consignors of dangerous goods. These inspectors ensure that the various safety standards and requirements of the TDG Act, 1992, and the TDG regulations are complied with. Contacts For further information on the Regulatory Impact Analysis Statement, please contact:
Mr. Kim O'Grady
For further information on the amendments, please contact:
Ms. Linda Hume-Sastre
S.C. 1992, c. 34 S.C. 1992, c. 34 SOR/2001-286 |
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