Transportation of Dangerous Goods (TDG)

Act: Transportation of Dangerous Goods Act, 1992, S.C. 1992, c. 34
Regulation: Transportation of Dangerous Goods Regulations (SOR/85-77 plus amendments) until August 15, 2002 Transportation of Dangerous Goods Regulations (SOR/2001-286) after August 15, 2002

To Whom Does This Apply?

Any person who handles, offers for transport, transports, or imports dangerous goods; or any person who sells or distributes standardised means of containment intended for the transportation of dangerous goods.

Summary

The transportation of dangerous goods by air, marine, rail and road is regulated under the federal Transportation of Dangerous Goods Act, 1992. The Transportation of Dangerous Goods Regulations (TDG Regulations), adopted by all provinces and territories, establish the safety requirements for the transportation of dangerous goods everywhere in Canada.

The TDG Regulations require that any person who handles, offers for transport, transports, or imports dangerous goods be trained or work under the direct supervision of someone who is trained. The responsibility to ensure people are trained and the manner in which this training is to be conducted rests with the employer. The training must be based on the person's duties. For example, the person who completes the shipping document should be trained on the requirements dealing with documentation.

REGULATIONS (UPCOMING CHANGE)
A new version of the TDG Regulations was published on August 15, 2001, in Part II of the Canada Gazette, to come into force one year after that date (SOR/2001-286). The current TDG Regulations (SOR/85-77 plus amendments) will remain in force until that day. Consolidated and annotated versions are available from various publishers; in addition both texts are available to read or download through the TDG Web site at  http://www.tc.gc.ca/tdg/clear/menu.htm An amendment to the new TDG Regulations should soon be available in Part 1 of the Canada Gazette and through the TDG Web site at  http://www.tc.gc.ca/tdg/menu.htm

The TDG Regulations are harmonized with requirements throughout the world, including the International Maritime Dangerous Goods Code (IMDG Code) for carriage by sea, and the requirements of the International Civil Aviation Organization (ICAO) for carriage by air. As international conventions have cyclical revisions, it is hoped that the TDG Regulations will be revised, updated and modified at a regular rate, to keep them modern, useful and harmonized with the needs of Canadians and the provisions of international organizations.

The current TDG Regulations have 13 parts and 14 schedules. The parts provide the requirements for the transportation of dangerous goods in narrative text. The schedules provide additional information pertinent to the parts such as lists, forms and test methods. The Parts and the Schedules of the current TDG Regulations are "numbered" with roman numerals (I, II, III, IV...). These are in force until August 15, 2002.

The new TDG Regulations are made up of 16 parts and 3 schedules, numbered with Arabic numerals (1, 2, 3, 4...); these will come into force on August 15, 2002. Here are the titles of the Parts and Schedules.

Parts

Titles

                              

Part 1	Coming into Force, Repeal, Interpretation, General Provisions and Special Cases
Part 2	Classification
Part 3	Documentation
Part 4	Dangerous Goods Safety Marks
Part 5	Means of Containment
Part 6	Training
Part 7	Emergency Response Assistance Plans
Part 8	Accidental Release and Imminent Accidental Release Report Requirements
Part 9	Road
Part 10	Rail
Part 11	Marine
Part 12	Air
Part 13 Part 14 Part 15 Part 16	Protective Direction Permit for Equivalent Level of Safety Court Order Inspectors

Schedule 1        Classes 1 to 9    ("The" list of shipping names ordered by UN number)
Schedule 2        Special Provisions
Schedule 3        Alphabetical index   (all shipping names from Schedule 1, ordered alphabetically)

ADMINISTRATION AND CONTACTS
The TDG Act and Regulations apply everywhere in Canada. In addition, provincial territorial legislation apply for road transportation of dangerous goods in all provinces and rail transportation in some provinces. By agreement, all provinces and territories adopt the text of the TDG Regulations through their legislation. Therefore, regardless of the level of government regulating a person's activity, requirements are the same.

For efficient administration, there exist administrative agreements with eight provinces and three territories. These agreements deal with matters such as enforcement, training of inspectors and consultation.

To discuss the application of the requirements, one should contact the regional Transport Canada office.

The TDG Program also operates an emergency response information centre called CANUTEC. Advisors are available 24 hours a day to provide guidance and advice to persons facing an immediate threat to public safety due to accidental release (real or imminent) of dangerous goods. In an emergency, CANUTEC can be reached at 1-613-996-6666.

TDG Regulations require shippers to provide a 24-hour telephone number where information about their goods can be obtained (in case of an accident during transportation). Canadian shippers may register with CANUTEC and, with permission, use CANUTEC's number to fulfill this requirement. To find out more, call CANUTEC on their non-emergency information line at (613) 992-4624.

The TDG Act does not pre-empt other acts nor do other acts pre-empt the TDG Act. In other words, requirements from other acts and regulations continue to apply (for example, the Explosives Act, the Workplace Hazardous Materials Information System). Within Transport Canada, dangerous goods requirements dealing with Public Safety during transport, have been consolidated in the TDG Regulations. Other safety aspects are being consolidated in modal regulations, such as the Dangerous Goods Shipping Regulations (taken under the Canada Shipping Act) which deals with Marine Safety concerns.

A list of Federal Government contacts, within Transport Canada, can be found on the Web site at http://www.tc.gc.ca/tdg/Contacts/province.htm

The administration of the TDG Program on road is done by the provinces and territories. A list of representatives on the Federal-Provincial TDG Task Force can be found on the Web site at  http://www.tc.gc.ca/tdg/contacts/coord.htm

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
Raynald Boies
Direction du transport routier des marchandises
Section transport des matières dangereuses
Service de la normalisation technique
Transport Canada
2nd Floor
700 René-Lévesque Boulevard East
Québec, Quebec  Québec
Telephone: (418) 528-8640
Fax: (418) 528-5670
E-mail: rboies@mtq.gouv.qc.ca
Web site: http://www.tc.gc.ca/en/menu.htm

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National Contact(s):
John A. Read
Director General
Transport of Dangerous Goods Directorate
Transport Canada
330 Sparks Street
Ottawa, Ontario  K1A 0N5
Telephone: (613) 990-1147
Fax: (613) 990-1147
E-mail: readj@tc.gc.ca
Web site: http://www.tc.gc.ca/en/menu.htm