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Protective Direction no. 33

I, Nicole Girard, Acting Director General of the Transport Dangerous Goods Directorate, being a person designated by the Minister of Transport to issue Protective Directions under section 32 of the Transportation of Dangerous Goods Act, 1992 (Act) and considering it necessary to deal with an emergency that involves a danger to public safety, do hereby direct that

  1. No person shall offer for transport or import dangerous goods listed in 2) by rail, in a tank car, if one or more of the rail tank cars in a train are each filled to 10 per cent or more of its capacity, unless the person has an Emergency Response Assistance Plan (ERAP) approved in accordance with section 7 of the Act;

  2. The dangerous goods to which this Protective Direction applies are: UN1170 ETHANOL, UN1202 DIESEL FUEL, UN1203 GASOLINE, UN1267 PETROLEUM CRUDE OIL, UN1268 PETROLEUM DISTILLATES, N.O.S., UN1863 FUEL, AVIATION, TURBINE ENGINE, UN1993 FLAMMABLE LIQUID, N.O.S., UN3295 HYDROCARBONS, LIQUID, N.O.S., or UN3475 ETHANOL AND GASOLINE MIXTURE;

This Protective Direction No. 33 takes effect 150 days from the date of signing. It remains in effect until the earlier of:

  • the day it is cancelled in writing by the Director General of the Transport Dangerous Goods Directorate, Transport Canada, or
  • the day on which a regulation respecting the above subject matter is made under section 27 of the Act.

SIGNED AT OTTAWA, ONTARIO, this 23rd day of April 2014.

Nicole Girard
Acting Director General, Transport Dangerous Goods Directorate

Appendix A to Protective Direction No. 33

Explanatory note

The transport of dangerous goods regime imposes requirements on dangerous goods that include: classification; proper means of containment; documentation; safety marks; shipping documents; incident reporting; training; and emergency response assistance plans, as required.

Emergency Response Assistance Plans (ERAPs) are currently required by the Transportation of Dangerous Goods Regulations for dangerous goods that necessitate special expertise and response equipment.

The person (usually the consignor) who offers dangerous goods for transport must submit an ERAP to the Transport Dangerous Goods Directorate.  The Directorate will review and assess the ERAP and, if it is determined to be capable of being implemented and will be effective in responding to an accident,  may approve it.  ERAPs are intended to assist local emergency responders at an accident site by providing them with 24-hour technical experts and timely assistance by industry response teams with specialized equipment, as appropriate.

The TDG Directorate has reviewed and assessed the recommendations from the Transportation Safety Board and the TDG General Policy Advisory Council working group reports.  In response, through this Protective Direction, Transport Canada is requiring an ERAP for certain Class 3, flammable liquids in packing groups I, II and III.  These products are listed in section 2 of this Protective Direction. An ERAP is required for a load of dangerous goods or more. A load is 10% or more of the capacity of the means of containment.

As with other dangerous goods, the ERAP requirements that apply to a person who imports or offers these flammable liquids for transport, will apply to consignors, shippers and importers including carriers that bridge traffic through Canada.

Although industry members to whom this Protective Direction applies have the ultimate choice on how they will comply with it (individual vs. mutual aid plans), Transport Canada notes that a mutual aid or umbrella-type plan, similar to those that currently exist for other dangerous goods, could be used.

A person to whom this Protective Direction applies has 150 days from the date it is signed to have its ERAP approved. Therefore, Transport Canada strongly recommends submission of the ERAP for approval, in accordance with section 7.2 of the Transportation of Dangerous Goods Regulations, as soon as possible.

ERAP submissions should be sent to:

Clive M. Law
Director of Compliance and Response
Transport Dangerous Goods
Transport Canada
Place de Ville, Tower C
330 Sparks Street,
Ottawa, Ontario, K1A 0N5