Overview of Amendment 6 of the TDG Regulations


Changes made to the Transportation of Dangerous Goods (TDG) Regulations will come into effect on February 20, 2008 following the publication of Amendment No. 6 in the Canada Gazette, Part II.

Changes brought forward in Amendment No. 6 will impact 12 of the 16 Parts of the TDG Regulations as well as its three Schedules. The following is a short summary of the notable modifications to each of those parts. The text that follows does not replace the Regulations, safety standards or safety requirements that apply. For interpretation and application, you should consult the Canada Gazette, Part II and other official regulatory documents. It is important to note that Amendment No.6 came into effect after Amendment No. 7. Therefore, you must consult Canada Gazette, Part II and refer to registration SOR/2008-34 to find the modifications summarized below.

Part 1: Coming into force, repeal, interpretation, general provisions and special cases

This part is modified to include new interpretations, update the table of documents referring to safety standards and safety requirements and the list of definitions. There are also some changes to general provisions and special cases.

One of the major changes in this part is the removal of almost all of the expressions “These Regulations do not apply to…”. This expression is replaced with different wording that indicates which parts do not apply. Consequently, Part 2 (Classification), isn't automatically exempted so that the dangerous goods will have to be classified before being transported or, indeed, in some cases before a consignor can determine if an exemption or the Schedules apply.

Certain special cases are either modified or added. For example, the 150 kg Gross Mass Exemption is no longer restricted to personal use. Therefore, many service type vehicles or other vehicles used to transport small quantities of dangerous goods will come under this exemption. Certain modifications are also made to the 500 kg Gross Mass Exemption and the Limited Quantities Exemption. The latter now allows the display, on a means of containment, of the UN number within a black diamond shaped mark instead of the limited quantities markings as done internationally. Several other special cases are modified or added and some are removed.

Part 2: Classification

The key changes made in this Part involve infectious substances. Henceforth, these substances will be classified into two categories instead of four risk groups. These modifications allow the harmonization with recent changes made to the UN Recommendations, which have been adopted, by the modes (air through the International Civil Aviation Organization (ICAO) Technical Instructions and marine through the International Maritime Dangerous Goods (IMDG) Code) and most national authorities.

Other important changes in this Part relate to the flash point for Class 3 Flammable Liquids (60oC instead of 60.5oC), the limit values for inhalation, dermal and oral toxicity of Class 6.1 Toxic Substances and the classification requirements for Class 7 Radioactive Materials and for Class 9 Miscellaneous Products, Substances and Organisms.

Part 3: Documentation

Principal changes made to this Part pertain to the way subsidiary classes and packing groups must be shown on shipping documents. Requirements for risk groups are removed and the unit of measure for the quantity of dangerous goods transported can now also be displayed with a unit of measure acceptable for use under the International System of Units (SI system). For example 1 t = 1,000 kg.

Part 4: Dangerous Goods Safety Marks

Amendment No. 6 modified fourteen sections of this Part. Changes concern, in particular; the carrier's responsibilities, requirements relating to the size and colour of the UN number and adds new requirements for the display of subsidiary class placards in certain circumstances. Other changes clarify the requirements for Class 2, Gases.

Additionally, new requirements are added concerning the display of dangerous goods safety marks for anhydrous ammonia, infectious substances and radioactive materials. New placards and labels are also added to the Appendix of Part 4.

Part 5: Means of containment

Modifications made within this Part include changes to the table in section 5.7 that is used to determine which explosives can be stored or transported together in the same means of transport. There are new requirements for cylinders containing Class 2, Gases, and for Infectious Substances of Class 6.2.

Highway tanks and some portable tanks selected in accordance with CSA B621 and B622, and constructed and used in Canada after August 31, 2008 must be constructed in compliance with the requirements of CSA B620 Standards. They must also be tested and inspected in accordance with CSA B620 when the most recent periodic re-test or periodic inspection is performed in Canada on or after August 31, 2008.

Part 7: Emergency Response Assistance Plan (ERAP)

Amendment No. 6 affects only section 7.1 of this Part. This section now has nine subsections to better define the requirements for emergency response assistance plans.

These additions introduce new situations for which an ERAP is required: for interconnected rail tank cars carrying dangerous goods with a UN number of UN1202, UN1203 and UN 1863; and for Class 6.2, Infectious Substances.

One of the new subsections introduces requirements to further define the responsibility of the person responsible for the ERAP, which is the person who offers for transport or imports the dangerous goods. The new requirements also clarify classification requirements of dangerous goods made through the ICAO Technical Instructions, the IMDG Code and the UN Recommendations.

Part 8: Accidental Release and Imminent Accidental Release Report Requirements

Amendment No. 6 brings only two minor changes to this Part. These modifications involve requirements for dangerous goods included in Class 1, Explosives, and Class 6.2, Infectious Substances.

Part 9: Road

One of the major changes to this Part establishes that, from August 31, 2008, placards and labels displayed on a means of containment transporting dangerous goods included in Class 2.3, Toxic Gases, and Class 6.1, Toxic Substances, must be those required by the TDG Regulations. However, these placards and labels may be displayed before August 31, 2008. Other modifications bring changes to the requirements relative to the description of dangerous goods on shipping documents for dangerous goods transported from the United-States to Canada or passing through Canada. They also clarify that exemptions in 49 CFR for safety marks and packaging that are not permitted in the TDG Regulations are not granted reciprocity.

The remaining modifications clarify the requirements regarding the display of dangerous goods marks when dangerous goods are transported by road vehicle to or from an aircraft, an aerodrome, or an air cargo facility as well as to or from a ship, a port facility or a marine terminal. A new section is added to introduce new requirements to establish the maximum net explosives quantity that can be transported in a road vehicle.

Part 10: Rail

Modifications identical to Part 9 (Road) are made to Part 10 (Rail) in regards to the description of dangerous goods on shipping documents and to the requirements to display dangerous goods marks.

Other changes include the rescinding of the prohibition to transport a highway tank that contains dangerous goods by railway vehicle, a new method to locate railway vehicles containing dangerous goods in a train, a new table for coupling railway vehicles and a new inspection requirement for owners of railway vehicles subject to a coupling report.

Part 11: Marine

Changes made to this Part touch on the requirements regarding means of containment containing dangerous goods during international and home-trade voyage, class 1.

Part 12: Air

In this Part, changes are made to clarify some existing requirements and align the TDG Regulations with the recent changes in the ICAO Technical Instructions.

The term “risk group” is removed to reflect the new terms ”Category A and Category B” for infectious substances and a new exemption is introduced to authorize a peace officer, as defined in section 1 of the Canadian Aviation Security Regulations, or an in-flight security officer, to transport a loaded firearm on board an aircraft.

Other changes align this Part with terms that are changed in Part 1 of the TDG Regulations such as the definitions of "capacity" and "gross mass".

Part 14: Permit for Equivalent Level of Safety

One minor change is made to correct an error in the indentation of sub-paragraphs.

Part 16: Inspectors

Three new sections are added to introduce requirements concerning the detention of dangerous goods or means of containment, the direction to remedy non-compliance and direction not to import or to return to place of origin dangerous goods or means of containment.

Schedules

Changes in Schedule 1 relate to the header of column 4 to reflect the replacement of "risk group" by "category" and changes are made to the legend to Schedule 1. Some dangerous goods descriptions are updated and one new UN number is added to Schedules 1 and 3. This new UN number is UN3475 for ETHANOL AND GASOLINE MIXTURE with more than 10 per cent ethanol. Another change concerns the primary class of ANHYDROUS AMMONIA, UN1005. This substance will now be classified as a Class 2.3, Toxic Gas.

In Schedule 2, Special Provisions, a number of special provisions are repealed, changed, or added. Some special provisions are moved to Part 1 of the TDG Regulations. For example, special provision 29 concerning UN1075, LIQUIFIED PETROLEUM GASES, is moved to section 1.32.1 and special provision 42 concerning a partial exemption of the TDG Regulations for certain gases included in Class 2 is moved to section 1.32.3. These two exemptions are also modified.

Special provisions referring to explosives vehicle certificates (EVC) are removed since the Department of Natural Resources will abolish this certificate.

New special provisions are added for interconnected railway vehicles; means of containment for certain flammable liquids (glues, inks, paints and resins); emergency response assistance plans for certain infectious substances; ammunitions; explosives; refrigerated liquid oxygen; vehicles transporting gasoline, diesel and propane; and, finally, small means of containment used to transport tare. 

Summary

Upon reading the changes adopted within the Regulations amending the TDG Regulations, it is obvious to note that these modifications clarify the requirements, address safety issues, continue to improve safety in the transportation of dangerous goods and align the TDG Regulations with international recommendations and modal requirements and the U. S. dangerous goods Regulations.