Protective Directions

Protective directions are issued under the authority of section 32 of the Transportation of Dangerous Goods Act, 1992 and are regulated under Part 13 of the Transportation of Dangerous Goods Regulations. A protective direction:

  • Takes effect on the date the Minister or a designated person signs it, or at a date set out in the protective direction; and
  • Remains in effect until the day at which it is cancelled in writing, or expires on the expiry date set out in it.

Protective Direction 38

The Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 38 on July 13, 2016.

This Protective Direction further accelerates the phase-out of both jacketed and unjacketed legacy DOT-111 tank cars from being used for crude oil service in Canada as of November 1, 2016. All other provisions of the Regulations Amending the Transportation of Dangerous Goods Regulations (TC-117 tank cars) published in Canada Gazette Part II in May 2015 remain in effect.

New timelines – Legacy DOT-111 tank cars removed from service

 

Tank car type removed from service

 

Last day to use tank cars specified in column 1 for the transport of crude oil

Before coming into force of Protective
Direction 38

After coming into force of Protective
Direction 38

DOT-111 Non-jacketed

April 30, 2017

October 31, 2016

DOT-111 Jacketed

February 28, 2018

October 31, 2016

Protective Direction 37

The TC-117R standard for retrofitted tank cars was published as an amendment to the Transportation of Dangerous Goods Regulations on May 20, 2015. At the time of the development of the standard, there were technical complexities preventing it from including top fitting protection requirements for retrofitted legacy TC/DOT-111 tank cars. Top-fitting protection can reduce the risk of a dangerous goods spill in the event of a tank car derailment.

The Association of American Railroads (AAR) subsequently developed an engineering solution to enable top-fitting protection on these legacy tank cars. With the publication of the Fixing America’s Surface Transportation (FAST) Act in the US, this engineering solution became a requirement for DOT-111 tank cars, along with other retrofitting requirements under the DOT-117R standard in the US.

The Minister of Transport issued Protective Direction no. 37, effective June 6, 2016, to require top-fitting protection in retrofitted TC/DOT-111 tank cars in Canada. These requirements will enhance the safety of the transport of flammable liquids including crude oil and ethanol in Canada, and will align Canadian requirements with those for retrofitted TC/DOT-111 tank cars in the US.

TC/DOT-111 tank cars will be required to include top-fitting protection meeting the engineering specifications prescribed in this Protective Direction when they are retrofitted as per the phase-out schedule in the Transportation of Dangerous Goods Regulations.

Protective Direction 36

The Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 36, effective April 28, 2016 to replace the existing PD 32.

This Protective Direction enhances PD 32 in three main areas:

  1. Increased data requirements, including specific maximum volume of dangerous goods transported, frequency, and data reporting requirements;

  2. Confidentiality agreements adding more flexibility to enable better sharing amongst emergency planners within municipalities; and

  3. Public information; requiring rail carriers to share information that could be disclosed publicly.

This PD provides jurisdictions with appropriate dangerous goods information needed to conduct their risk assessments, emergency planning activities, and identify training requirements for First Responders by adding new requirements to the ones covered in PD 32.

Protection Direction 32 is hereby cancelled.

Protective Direction 35

Over the last few years, the transport of lithium batteries as cargo on aircraft has been identified by the international community as an increasing safety risk in light of a number of incidents and “near incidents” that have occurred. The main safety concern is that once lithium batteries start to burn, fire suppression systems on board aircraft cannot extinguish them. The International Civil Aviation Organization (ICAO) recently implemented a ban on the transport of lithium ion batteries as cargo on passenger aircraft, as well as new safety measures on the transportation of lithium batteries by air.

The Minister of Transport issued Protective Direction No. 35, effective April 1, 2016 to bring into force in Canada the ICAO’s amendments to the 2015‑2016 Edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air. These amendments are contained in Addendum No. 3 and No. 4 to the Technical Instructions and Addendum to the Supplement to the Technical Instructions.

This Protective Direction:

  • Prohibits the transport of lithium-ion batteries as cargo on passenger aircraft and incorporates additional requirements to mitigate the risks posed by lithium batteries as cargo on cargo aircraft. The prohibition applies to :
    • Lithium batteries packed on their own and not to lithium batteries packed with or contained in equipment;
    • Lithium batteries transported as cargo and not to lithium batteries carried by passengers and crew; and
    • Lithium batteries packed on their own and sent by mail.
  • Provides additional requirements to mitigate risks posed by lithium batteries transported as cargo aircraft. These additional requirements include:
    • Transporting all lithium-ion batteries at a state of charge not exceeding 30% of their rated capacity; and
    • Limiting the number of packages of lithium-ion or lithium-metal that can be shipped.
  • Provides a transition period for the dangerous goods in transport by air at the time this Protective Direction takes effect, given that the dangerous goods arrive at their final destination within seven days from the day this Protective Direction takes effect.

Note: For more information on lithium batteries, please visit the Transportation of Dangerous Goods awareness material page.

Protective Direction 34

The Acting Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 34 on April 23, 2014.

This Protective Direction directs every tank car owner as defined in CGSB 43.147-2005 to:

  1. Identify each of its cars that meets certain criteria listed in the PD;
  2. Ensure that these identified tank cars are marked with “ Do not load with dangerous goods in Canada/ Ne pas charger de marchandises dangereuses au Canada”;
  3. Not to offer for transport, transport, handle or import dangerous goods in a tank car that meets the description in 1) or as been marked in accordance with 2);
  4. Provide the reporting marks of each car marked in 2) within 30 days of the PD effective date to Transport Canada.

Protective Direction 31

The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 31 on October 7, 2013.

This protective direction directs consignors and importers of crude oil to immediately test the classification of crude oil, to provide those test results to Transport Canada upon request through the Canadian Transport Emergency Centre (CANUTEC), and to ship all such crude oil as a Class 3 Flammable Liquid Packing Group (PG) I.

Cancellation of Protective direction No. 31

I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 31– ORDRE PRÉVENTIF No. 31, issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 17 October 2013.

This PD directed any person engaged in importing or offering crude oil for transport to immediately test the classification of crude oil being imported, handled, offered for transport or transported as UN 1267, or UN 1993, to provide those test results to Transport Canada upon request, to provide Safety Data Sheet (SDS) through the Canadian Transport Emergency Centre (CANUTEC), and to ship all such crude oil as a Class 3 Flammable Liquid Packing Group (PG) I.

Signed at Ottawa, Ontario this 31st of October, 2016.

Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses

cc. Benoit Turcotte, Director, Regulatory Affairs

Protective Direction 30

The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 30 on January 4, 2008.

This protective direction directs all persons listed in annex A not to transport emulsion or water gel explosives unless they are in prescribed highway tanks.

Cancellation of Protective direction No. 30

I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke Protective Direction No. 30 – ORDRE PRÉVENTIF No. 30, issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 4 January 2008.

This PD directed any person listed in Appendix A not to offer for transport or handle (i.e., load or unload, pack or unpack) emulsion or water gel explosives (UN0332) in a highway tank trailer except under certain conditions.

Signed at Ottawa, Ontario this 31st of October, 2016.

Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses

cc. Benoit Turcotte, Director, Regulatory Affairs

Protective Direction 29 (Revision no. 1)

The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 29 on December 21, 2007.

This protective direction directs all persons listed in annex A not to transport emulsion or water gel explosives unless they are in prescribed highway tanks.

Cancellation of Protective direction No. 29

I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 29 (Revision No. 1) – ORDRE PRÉVENTIF No. 29, (Révision no 1) issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 21 December 2007.

This Protective Direction directed any person listed in Appendix A not to offer for transport or handle (i.e., load or unload, pack or unpack) emulsion or water gel explosives (UN0332) in a highway tank trailer except under certain conditions.

Signed at Ottawa, Ontario this 31st of October, 2016.

Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses

cc. Benoit Turcotte, Director, Regulatory Affairs

Protective Direction 27

The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 27 on February 1, 2000.

This protective direction directs rail carriers not to pick up or accept on interchange any loaded tank cars bearing any of the following reporting marks and car numbers: SFTX 21401 to 21418 and SAZX 21419 to 21600 inclusively unless deficiencies have been repaired with procedures approved by the director General of TDG and has been inspected and tested under specific conditions.

Cancellation of Protective direction No. 27

I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 27 – ORDRE PRÉVENTIF No. 27, issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 1 February 2000. This Protective Direction directed any person listed in Appendix A not to pick up at origin or accept on interchange any load tank cars bearing the numbers contained in the Protective Direction.

Signed at Ottawa, Ontario this 31st of October, 2016.

Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses

cc. Benoit Turcotte, Director, Regulatory Affairs

Date modified: