Interim order respecting dangerous goods that are lost or stolen or otherwise unlawfully interfered with

Interim Order No: 001

Interpretation

1. Words and expressions used in this Interim Order and defined in the Transportation of Dangerous Goods Act, 1992 or the Transportation of Dangerous Goods Regulations have the same meaning as in that Act or those Regulations, as the case may be.
   

   Report

2. A person who, in the course of the importing, offering for transport, handling or transporting of dangerous goods, other than dangerous goods included in Class 9, discovers that any of those goods have been lost or stolen or otherwise unlawfully interfered with must immediately report that discovery to
   
   
   1. the local police;
   2. CANUTEC at 613-996-6666; and
   3. in the case of goods included in Class 7, the Duty Officer of the Canadian Nuclear Safety Commission at 613-995-0479.

explanatory note

It is imperative that reporting of the loss or theft of or other unlawful interference with dangerous goods, other than those included in Class 9, be undertaken immediately to ensure that such incidents are known and acted on in order to eliminate or reduce potential security threats. The Transportation of Dangerous Goods Regulations do not currently include any provision for reporting these incidents. Dangerous goods that are lost or stolen or otherwise unlawfully interfered with pose an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods and to public safety, and particularly to the Olympic Games that are to be held in 2010 in Vancouver, British Columbia, and to the G8 Summit that is to be held in June 2010 in Huntsville, Ontario.

This Interim Order sets out clear requirements for reporting and will remain in force for 14 days after the day on which it is made unless it is approved by the Governor in Council. If so approved, this Interim Order will, in accordance with subsection 27.6(3) of the Transportation of Dangerous Goods Act, 1992, remain in force for two years after the day on which it is made, until it is repealed or until regulations that have the same effect come into force, whichever is earliest.

CANUTEC will share reports with provincial authorities and appropriate federal government departments.

The Interim Order respecting dangerous goods that are lost or stolen or otherwise unlawfully interfered with is now in force. It came into force when it was signed by the Minister on 23 July 2009. The Interim Order will be published in Part I of the Canada Gazette on Saturday, 8 August 2009. Note that in this instance, Part I of the Canada Gazette is used to notify all interested parties that the Interim Order is in force.

When a report is made to CANUTEC in accordance with the Interim Order the following basic information should be provided:

1. Name of the person reporting, employer's name, contact information (e.g., telephone number, cell number, email address).
2. Name and address of the consignor (if different from the person reporting) and the name and address of the consignee.
3. Classification of the dangerous goods (classification, as defined in section 1.4 of the TDG Regulations, includes the shipping name, the primary class, the compatibility group, the subsidiary class, the UN number, the packing group and the infectious substances category).
4. Quantity of the dangerous goods.
5. Description of the means of containment (e.g., package, drum, cylinder, portable tank, IBC etc.).
6. Geographic location where the dangerous goods were lost, stolen or otherwise unlawfully interfered with.
7. The last time the person reporting saw the dangerous goods or was in possession of the dangerous goods.

The Directorate may contact the person reporting for additional information if necessary. It may be that the local police will not ask for all of the above information or may ask for additional information.