Transportation of Dangerous Goods initiatives planned for April 2019 - April 2021

This plan provides information on planned and potential regulatory initiatives that Transport Canada expects to bring forward over the next two years, as published in the Canada Gazette (CG). It also identifies public consultation opportunities and a departmental contact point for each regulatory initiative.

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CG I - Fee modernization proposal for the Transportation of Dangerous Goods means of containment facilities registration program

Enabling act

Service Fees Act (S.C. 2017, c. 20, s. 451)

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

MOC program ensures all MOC used in transporting dangerous goods are designed, manufactured, certificated, repaired and maintained.

Potential impacts on Canadians, including businesses

The overall impacts of the proposal to introduce fees for MOC registration services will be felt by a range of stakeholders, including:

  • primary businesses who must pay the new fees;
  • secondary businesses who may incur costs passed onto them; and
  • Canadian consumers who may see increased costs downstream as a result of MOC secondary businesses further passing costs to their customers.

We expect to learn more about the specific details of impacts through our regulatory consultations.

Regulatory cooperation efforts (domestic and international)

There is currently no regulatory agreement under which this initiative may fall, as it is an internal to Transport Canada (TC) initiative. There are no identified partners/parties outside of TC either domestically or internationally responsible for this initiative.

Consultations

Past Policy consultations:

  • From October 9, 2018 to November 7, 2018, TC hosted ‘preliminary engagement' consultations
  • On October 31, 2018, TC hosted an online information session (Webinar).

It is anticipated that there will be a 60-day comment period following pre-publication in Canada Gazette, Part I, in mid- 2020.

Further information

For more information about the Fee Modernization initiative link.

Departmental contact information

Madona Radi
Executive Director, Regulatory Frameworks and International Engagement
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-990-1159
Email: Madona.radi@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2018

CG I - Regulations amending the Transportation of Dangerous Goods Regulations (Miscellaneous amendment regulations) New!

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

This amendment will correct a variety of miscellaneous errors in the Transportation of Dangerous Goods Regulations (TDGR).

The objective are:

  • to correct misalignments between the French and English text in certain provisions of the TDGR and to update some references that have been changed in external documents; and
  • to correct typographical, grammatical, spelling, numbering and punctuation errors in the TDGR.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-993-8685
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2019

CG I - Regulations amending the Transportation of Dangerous Goods Regulations (Canadian update)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed amendment will:

  • update requirements pertaining to means of containment;
  • incorporate dynamically (as amended from time to time) two new standards from the Canada General Standards Board on small packagings (CGSB-43.150) and rail containers (CGSB-43.147 & CGSB-43.149).
  • propose alignment of initiatives under the Regulatory Cooperation Council (RCC) such as pressure receptacles;
  • provide many anticipated and necessary changes to aspects of the Transportation of Dangerous Goods Regulations (TDGR) based on comments received from stakeholders over the past several years.

This modification has two main objectives. First, the introduction of new and revised safety standards to enhance safety by incorporating updated requirements related to the means of containment for the transport of dangerous goods in Canada. New standards will be proposed to be incorporated “as amended from time to time” to improve agility of the TDGR and foster innovation.

The second objective is to incorporate by reference more recent versions of international recommendations and regulations such as those from the United States (U.S.).

Potential impacts on Canadians, including businesses

The Canadian public will benefit from this amendment as safety during the transport of dangerous goods will be increased. Businesses with cross-border shipments to the US will also benefit from having nimble and consistent rules between the two countries.

Regulatory cooperation efforts (domestic and international)

By incorporating by reference international recommendations, Transport Canada will address comments received during the consultations held under the RCC and those of the Red Tape initiative. This amendment will also increase reciprocity between Canada and the US regarding means of containment regulatory requirements and reduces administrative burden on industry.

Consultations

An early consultation took place with stakeholders from December 9, 2016 to February 22, 2017 on the Transportation of Dangerous Goods' website.

It is anticipated that there will be a 60-day comment period following pre-publication in Canada Gazette, Part I in late 2021 on the Transportation of Dangerous Goods' website.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-993-8685
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: October 2018

CG II - Regulations amending the Transportation of Dangerous Goods Regulations (Formatting changes) New!

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed amendment will convert and migrate the Transportation of Dangerous Goods Regulations (TDGR) to the Department of Justice website. It will remove the italicized text and modify the look and feel, but the regulations will remain essentially unchanged.

The objective of this miscellaneous amendment will be to allow for the TDGR to be consolidated on the Department of Justice website.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-993-8685
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2019

CG I - Amending the Transportation of Dangerous Goods Regulations (Part 6, Training)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

Current provisions in Part 6 are largely administrative in nature, where a valid certificate does not guarantee that a holder has the knowledge and skills to adequately perform their job functions. Furthermore, the current term “adequately trained” is subjective and open to interpretation.

The proposed amendments will require that persons who handle, offer for transport or transport dangerous goods be deemed competent through training and assessment according to a Competency Based Training and Assessment Standard (CBTA). This standards will be incorporated by reference into the amended regulations and includes a general awareness component as well as a function-specific component.

Potential impacts on Canadians, including businesses

The overall impact of the requirement for persons to be deemed competent through training and assessment in accordance to a standard will be felt by a range of stakeholders including:

  • Small businesses that may not have the know-how or financial resources to train and assess employees.
  • Large companies with many companies across Canada may find it to be an administrative burden, and in some cases costly if they require third party training and assessment services.
  • Training institutions may benefit from companies requiring their services.
  • Canadians would benefit from knowing that the handling, offer for transport or transport of dangerous goods are done safely by competent persons. This would reduce impacts to human life, the environment and property.

Regulatory cooperation efforts (domestic and international)

The International Civil Aviation Organization (ICAO) is developing a competency based training and assessment initiative for the transportation of dangerous goods by air. The new provisions are expected to be in 2021-2022 edition of ICAO's Technical Instructions.

In 2017, the Dangerous Goods Trainers Association, headquartered in the United States of America, proposed competency based training for consideration from a multimodal perspective at the United Nations Economic Commission for Europe (UNECE) Sub-Committee of Experts on the Transport of Dangerous Goods.

The United States of America Code of Federal Regulations, Title 49 as well as UNECE Model Regulations on the Transport of Dangerous goods also have a general awareness training and function specific training component. These international regulations also have a safety training component that are not explicitly stated in the proposed amended regulations but are incorporated within the general awareness and function specific components.

Consultations

Three phases of consultation took place over 2015-2017 on policy options to amend Part 6 are the following:

  • Phase 1 internal consultations within Transport Canada and with other federal government departments.
  • Phase 2 targeted stakeholder consultations with industry, training institutes and provincial government took place from fall 2015 to winter 2016. Four discussion papers formed the basis of the consultation.
  • Phase 3 online public consultations took place from December 2016 to February 2017. A White Paper articulating proposed policy options formed the basis of the consultation. The main proposal included the following:
    • Replace the term “adequately trained” with what it means to be a “competent person”;
    • Develop:
      • a competency framework to identify the skills needed for particular job functions standards and guidelines to help training institutions/employers; and
      • a general TDG 101 test (a basic level test).
  • Development of a CBTA standard under the auspices of the Canadian General Standards Board from September 2017 to March 2020. CGSB's first public review is planned for summer 2019.
  • It is anticipated that there will be a 75-day comment period following pre-publication in Canada Gazette, Part I in mid-2020.

For further information on this initiative, see: Let's talk transportation.

Departmental contact information

Madona Radi
Executive Director, Regulatory Frameworks and International Engagement
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-990-1159
Email: Madona.radi@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2017

CG I - Regulations amending the Transportation of Dangerous Goods Regulations (International harmonization update and Part 12, Air)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The international harmonization update is a recurrent 2-year cycle harmonization of the Transportation of Dangerous Goods Regulations (TDGR) with international codes such as the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations).

This amendment would harmonize the TDGR with international regulatory requirements by incorporating changes introduced in the latest edition of the UN Recommendations. The proposal includes alignment with respect to safety marks, classification information, shipping names and special provisions.

This proposal addresses commitments made by the United States-Canada Regulatory Cooperation Council (RCC), with the goal of increasing regulatory cooperation and alignment between the two countries. This proposal would reduce regulatory barriers to cross-border trade with the United States (U.S.) by increasing reciprocity with U.S. regulatory requirements for dangerous goods safety marks and transportation by road and rail.

The proposal would also update requirements for the transportation of dangerous goods by air to provide clarity and to address specific domestic needs related to the transport of dangerous goods by air in Canada, including requirements for the transport of dangerous goods to and from remote locations.

Potential impacts on Canadians, including businesses

Harmonization with the UN Recommendations and other international regulations would facilitate international trade of dangerous goods and reduce regulatory burden for Canadian consignors and carriers who have to comply with both the TDGR and international regulations to transport dangerous goods. Consignors and carriers would benefit from reduced administrative burden as proposed changes would introduce requirements that are currently in equivalency certificates thus there would no longer be a need to apply for them.

The proposal would reduce regulatory barriers to cross-border trade with the U.S. which would promote economic growth and benefit consumers and businesses.

Updating and simplifying Part 12 would make it easier for carriers and shippers to understand the requirements and would increase compliance. Public safety and the safety of aircraft operators would be increased by updating the exemptions for explosives and adding exemptions for aerial fire suppression, emergency services and peace officers. Administrative burden would be reduced for air carriers and consignors as the new provisions would remove the need to apply for equivalency certificates for these purposes. Administrative burden would also be reduced as there would no longer be a need to apply for equivalency certificates to transport certain gases to off-grid communities. This would contribute to decreased energy costs and energy supply issues which currently deter businesses and limit future economic opportunities in these communities.

Regulatory cooperation efforts (domestic and international)

The proposed amendments would fulfil commitments made by Canada and the U.S. under the RCC initiatives to harmonize respective regulations. The proposal would increase reciprocity with U.S. regulatory requirements for dangerous goods safety marks, transportation by road and rail and odourization of liquefied petroleum gases. This harmonization would promote economic growth and benefits to consumers and businesses through increased regulatory transparency and coordination between the two countries.

Consultations

Email and web-based consultations on proposed changes to Part 12 (Air) were conducted in spring 2016 and spring-summer 2017. Four meetings or teleconferences were also held with stakeholders. Comments were received from industry associations, provincial governments, non-governmental organizations, businesses such as airlines and individuals. Feedback indicated support for the proposal to update and clarify the air provisions, including changes to exemptions and defining “limited access”. The scope of “limited access” has been a topic of much discussion from stakeholders.

There will be an early consultation with stakeholders prior to pre-publication in Canada Gazette, Part I. This consultation period is anticipated to commence in spring 2019 on the Transportation of Dangerous Goods' website.

It is anticipated that there will be a 70-day comment period following pre-publication in Canada Gazette, Part I in mid 2020.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-993-8685
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2016

CG I – Transportation of Dangerous Goods regulatory sandbox on electronic shipping document - New!

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

Transport Canada (TC) is proposing a regulatory sandbox in collaboration with the Pipeline and Hazardous Material Safety Administration (PHMSA), an agency of the U.S. Department of Transportation. This sandbox will explore the feasibility and analyze the potential beneficial impacts, barriers and costs of allowing the use of an electronic shipping document in Canada. This study will facilitate the introduction of electronic shipping documents during the transportation of dangerous goods, as requested by stakeholders and the Regulatory Cooperation Council.

Currently, during the importation and transportation of dangerous goods into Canada, the Transportation of Dangerous Goods Regulations (TDGR)requires products to be accompanied by physical paper copies of the shipping document. Transport Canada will work with industry and provincial/territorial jurisdictions to identify options for the sharing of shipping documents based on existing electronic platforms or technologies currently in use by stakeholders and other government departments.

The objective is for electronic shipping documents to reduce paper-burden, be more cost effective and efficient for industry and government than the passage of paper-based documentation during transit. The purpose of this study is for the department to better understand the impacts to industry, emergency responders and government of adopting electronic shipping documents prior to being incorporated to the TDGR.

Potential impacts on Canadians, including businesses

Potential impacts include increased efficiency for industry, however, printing shipping documents can be administratively burdensome and redundant for many shippers as, despite having paperless communications technology, they are required to use time and material resources to print documents.

First responders and the emergency response community may also benefit. Physical shipping documents are often destroyed or lost, and during emergencies, first responders may needlessly put themselves at considerable risk seeking out potentially destroyed paper documents at incident scenes. With the adoption of electronic shipping documents, first responders.

Regulatory cooperation efforts (domestic and international)

TC is the lead department and will coordinate with other departments like the U.S. Department of Transportation, specifically PHMSA and the Province of New Brunswick.

Consultations

Once the pilot is launched in fall 2019, several consultation opportunities will be available through Transport Canada's website and social media tools.

It is anticipated that there will be a 30-day comment period following pre-publication in Canada Gazette, Part I in early 2020.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-993-8685
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2019

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