FAQ - Amendments to the marine provisions in the TDG Regulations

Transport Canada updates the Transportation of Dangerous Goods Regulations (TDG Regulations) on a regular basis to harmonize them, to the greatest extent possible, with the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions (ICAO TI), the International Maritime Dangerous Goods Code (IMDG Code), as well as to align requirements with the United States (U.S.) under the Regulatory Cooperation Council (RCC) work plan.

Below you will find answers to some Frequently Asked Questions (FAQ) related to the amendments to the marine provisions in the TDG Regulations.

General

Where can I find a summary of the changes in this amendment, the rational for these changes or the summary of the consultation?

The Regulatory Impact Analysis Statement (RIAS) can be found by scrolling to the end of the amendment found at: http://gazette.gc.ca/rp-pr/p2/2017/2017-12-13/html/sor-dors253-eng.html.

Why was there an amendment to the marine provisions in the TDG Regulations?

The marine provisions in the TDG Regulations were last revised in 2001, and as such, referred to terms and definitions that were no longer in the Canada Shipping Act, 2001 (CSA 2001) or in regulations made under the CSA 2001, such as the Cargo, Fumigation and Tackle Regulations (CFTR) and the Vessel Certificates Regulations (VCR). Therefore, this amendment aimed to harmonize the TDG Regulations with the CSA 2001 and other Transport Canada regulations.

What were the objectives of the amendments to the marine provisions in the TDG Regulations?

The objectives of the amendments were:

  • To update the marine provisions in the TDG Regulations to reflect terminology and definitions used in the current version of the CSA 2001 and in regulations that are made under the authority of the CSA 2001, and replace the expression “home-trade voyage, Class I” with wording that reflects the intent of the term;
  • To update certain marine requirements to align with those in the CFTR and the U.S. 49 Code of Federal Regulations (49 CFR) and reduce duplication;
  • To eliminate discrepancies between the definitions of short-run ferry in the TDG Regulations and in the CFTR, as well as amend and clarify the exemption for short-run ferries in the TDG Regulations;
  • To allow the transport of gasoline and propane in highway tanks on passenger carrying vessels operating over the most direct water route between two points not more than 5 km apart, under certain conditions;
  • To allow the transport of UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. in quantities up to 25 Litres per means of containment on passenger carrying vessels; and
  • To correct several typographical and minor miscellaneous errors to improve the clarity of the TDG Regulations.
How did Transport Canada go about amending the marine provisions in the TDG Regulations?

Proposed changes with respect to provisions for short-run ferries and differences between the TDG Regulations and the CFTR were presented to the TDG General Policy Advisory Council (GPAC) in the Fall of 2015. The TDG GPAC comprises over 40 different industry associations and provides Transport Canada with advice on all matters related to the transportation of dangerous goods.

Subsequently, a web consultation on the proposed amendment was initiated on February 10, 2016, followed by an 18-day comment period. Following the consultations, Transport Canada made changes to the proposed amendment based on comments received.

The proposed amendment was then published in the Canada Gazette, Part I on April 1, 2017, followed by a 30-day public comment period. Those comments received were taken into consideration in the development of this amendment.

When do the new amendments in the TDG Regulations take effect?

These Regulations took effect on the day on which they were published in the Canada Gazette, Part II.

Is there a transitional period for the industry to comply with the new marine provisions in the TDG Regulations?

Yes, there is a transitional period. A person may, for a period of six months that begins on the day on which these new amendments to the marine provisions in the TDG Regulations took effect, comply with the TDG Regulations as they read immediately before that day.

Terminology

Why did the terminology and definitions get updated and what were the changes?

Terminology and definitions related to the marine provisions of the TDG Regulations were updated to reflect the ones used in the CSA 2001 and in regulations, such as the VCR and the CFTR that are made under the CSA 2001.

The following terms have been updated:

  • The term “ship” was replaced with “vessel” to align the terminology with that of the CSA 2001. “Vessel” is defined as having the same meaning as in section 2 of the CSA 2001;
  • The term “passenger carrying ship” was replaced with “passenger carrying vessel”, and the definition was aligned with the definitions for passenger carrying vehicles for the other transportation modes. The requirements that apply to the transport of dangerous goods on passenger carrying vessels have been removed from the definition and can now be found in the new Section 1.10 in the TDG Regulations;
  • The definition of “passenger” was updated to have the same meaning as the definition of passenger in section 2 of the CSA 2001 instead of the definition in the repealed CSA 2001;
  • The “passenger-carrying ship index” (Column 8 of Schedule 1) was renamed “passenger carrying vessel index”;
  • The definition “short-run ferry” was repealed to remove discrepancies with the CFTR definition, and references to “short-run ferry” throughout the TDG Regulations were replaced with “passenger carrying vessel” or with “vessel that is operating over the most direct water route between two points not more than 5 km apart”;
  • “Home-trade voyage” was replaced with wording that reflects the intent of the previous version of the TDG Regulations since “home-trade voyage” is not in the CSA 2001;
  • The defined term “ro-ro ship” replaced “roll-on roll-off ship” in the English version only to align with the term and definition used in the IMDG Code. The French term “navire roulier” remains unchanged; and
  • The defined term “inland voyage” was added to the definitions of the TDG Regulations and has the same meaning as in the CFTR.
Why is the short-run ferry definition being repealed?

To remove discrepancies with the CFTR definition which created confusion and the potential for involuntary non-compliances which in turn posed safety issues. A definition of short-run ferry is not required in the TDG Regulations as the exemptions clearly specify when they apply.

What is the difference between a passenger carrying vessel, a vessel and a ferry?

Under the CSA 2001, a “vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class.

In the TDG Regulations a “passenger carrying vessel” means a vessel that is carrying one or more passengers.

The new Section 1.10 of the TDG Regulations specifies that:

The requirements of the Regulations respecting the transportation of dangerous goods other than explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 25 passengers or more than one passenger for each 3 m of the length of the vessel.

The requirements of the Regulations respecting the transportation of dangerous goods that are explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 12 passengers.

Thus, a ferry is considered a vessel and the requirements of the Regulations related to the transportation of dangerous goods on board a passenger carrying vessel apply if the ferry meets the description set out in Section 1.10.

Short-Run Ferry

Why was the distance contained in the definition of a short-run ferry in the TDG Regulations changed/expanded from 3 km to 5 km?

The distance was changed from 3 km to 5 km to align it with the CFTR. The TDG Regulations previously defined a short-run ferry as a ship that was operating over the most direct water route between two points not more than 3 km apart, while the CFTR defined it as a direct water route between two points not more than 5 km apart. Prior to this amendment, consignors and carriers that transported dangerous goods on ferries with routes between 3 and 5 km were eligible for exemptions under the CFTR but not under the TDG Regulations. This difference created confusion and a challenge for regulatees, which lead to misinterpretation of the exemption and potential non-compliance, thereby impacting safety.

Can I use the new Ferry Exemption?

The new ferry exemption applies to ferries operating over the most direct water route between two points not more than 5 km apart.

How is the new Ferry Exemption different from the previous Short-Run Ferry Exemption?
Requirement Before new amendment
(Short-Run Ferry Exemption)
After new amendment
(Ferry Exemption)
Section 1.6, which requires that the limits indicated in the passenger carrying vessel index under column 8 of Schedule 1, must be met if dangerous goods are transported on board a vessel that is carrying more than 25 passengers, or more than one passenger for each 3 m of the length of the vessel. exempt not exempt
Paragraph 3.6(3)(a), which requires the indication of a marine pollutant and the flash point on the shipping document. exempt exempt
Section 3.9, which requires that the master of the vessel have a copy of the shipping document readily available on or near the bridge of the vessel. exempt not exempt
Subsection 4.16(3), which requires the flammable gas placard be displayed on a road or railway vehicle containing a flammable gas if it is transported by vessel, despite the provision that allows the DANGER placard to be used on a large means of containment containing two or more dangerous goods. exempt exempt
Paragraph 4.16.1(2)(d), which requires that a flammable gas placard be displayed on a road or rail vehicle containing a flammable gas if it is transported by vessel even if the gross mass of the flammable gas is less than or equal to 500 kg. exempt exempt
Paragraph 8.4(4)(d), which requires reporting of a release or anticipated release of dangerous goods to a Vessel Traffic Services Centre or a Canadian Coast Guard radio station. exempt not exempt
What did it apply to? Ferries operating over the most direct water route between two points not more than 3 km apart. Ferries operating over the most direct water route between two points not more than 5 km apart.
What three provisions previously did not apply to short-run ferries prior to this amendment but do apply now?

The following provisions now apply:

  • Requirement that the limits indicated in the passenger carrying vessel index (Column 8 of Schedule 1) must be met if dangerous goods are transported on board a vessel that is carrying more than 25 passengers - Section 1.6 of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases);
  • Requirement that the master of the vessel have a copy of the shipping document readily available on or near the bridge of the vessel - Section 3.9 of Part 3 (Documentation); and
  • Requirement to report a release or anticipated release of dangerous goods to a Vessel Traffic Services Centre or a Canadian Coast Guard radio station - Paragraph 8.4(4)(d) of Part 8 (Reporting Requirements).
Why is the marine pollutant mark not included in the ferry exemption?

An exemption from this provision is not required in the ferry exemption as Paragraph 4.22(2)(a) states that the requirement does not apply when marine pollutants are transported on board a road vehicle or railway vehicle on a ro-ro ship. Since the ferries to which the exemption applies would meet the definition of ro-ro ship, they are exempt and therefore, no additional exemption is required.

Transportation of Gasoline and Propane in Highway Tanks on board Passenger Carrying Vessels

Why are we introducing a new exemption for the transport of gasoline and propane in highway tanks on board Passenger Carrying Vessels?

The goal of the highway tank on board passenger carrying vessels exemption is to mitigate negative impacts on traffic and local business.

Why does the new exemption for transporting gasoline and propane in highway tanks not address the transportation of diesel on board a vessel with passengers?

The amount of diesel permitted for transportation is not restricted on passenger carrying vessels since there is no limit for diesel in the passenger carrying vessel index (Column 8 of Schedule 1) due to diesel having a higher flash point (minimum temperature to which it must be heated to produce enough vapor to allow a vapor flash to occur in the presence of an ignition source), which decreases the risks of ignition during transport. Therefore, no exemption is needed to transport diesel.

Additionally, the dangerous goods of greatest concern for ferry operators were gasoline and propane since these are needed by local industries, communities and businesses for heating, cooking and vehicle fuel.

What does the new exemption found in Section 1.30.1 allow?

It allows the transport of gasoline and propane in highway tanks on a passenger carrying vessel operating over the most direct water route between two points not more than 5 km apart as long as certain conditions are met. The view the list of conditions, please click on the following link: https://www.tc.gc.ca/eng/tdg/clear-part1-475.htm#sec130.1.

If I’m transporting propane under UN1075, LIQUEFIED PETROLEUM GASES, can I use the Section 1.30.1 exemption for propane and gasoline in highway tanks on board passenger carrying vessels?

Yes. This exemption does not apply to UN1075, LIQUIFIED PETROLEUM GASES as there are multiple dangerous goods (such as butane and propylene) that can be transported under that UN number and Transport Canada wants to limit the exemption to gasoline and propane. However, propane transported as UN1075, LIQUEFIED PETROLEUM GASES may be transported under this exemption because Section 1.32.1 allows the use of UN1075, LIQUEFIED PETROLEUM GASES for UN1978, PROPANE. It is important to note that the highway tanks would only be allowed if the dangerous good is listed on the shipping documents as per Subsection 1.32.1(3).

Comparison of Exemptions for Ferries before and after the Marine Amendment
Distance of ferry route Before the new amendment After the new amendment

0-3 KM

Short-run ferry exemption (Section 1.30)

Ferry exemption (Section 1.30)

Exemption for propane and gasoline in highway tanks on passenger carrying vessels (Section 1.30.1)

More than 3-5 KM

No exemption for transport of dangerous goods on ferries

Ferry exemption (Section 1.30)

Exemption for propane and gasoline in highway tanks on passenger carrying vessels (Section 1.30.1)

More than 5 KM

No exemption for transport of dangerous goods on ferries

No exemption for transport of dangerous goods on ferries

Other Amendments

What other notable amendments were made to the TDG Regulations?

The following were other notable amendments:

  • Removal of the requirement to indicate the flash point on a small means of containment for transport by vessel to align with the IMDG Code and 49 CFR, which do not require it;
  • Amending the passenger carrying vessel index to include a new limit of 25 L for UN3156, COMPRESSED GAS, OXIDIZING, N.O.S.;
  • References and chapter names from the International Civil Aviation Organization Technical Instructions (ICAO TI) were updated in Part 12 (Air). The packing instruction for vehicles, engines and machinery were also updated to align with the packaging instructions in the current ICAO TI;
  • References in the requirements for large means of containment in Part 5 (Means of Containment) were updated to reflect references in the most recent version of the National Standard of Canada CAN/CGSB-43.146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, classes 3, 4, 5, 6.1, 8 and 9”.
Why is the UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. now permitted up to 25 litres per means of containment when it was previously forbidden to be transported on vessels with more than 25 passengers?

The amendment to the passenger carrying vessel index to allow UN3156, COMPRESSED GAS, OXYDIZING, N.O.S. to be transported on passenger carrying vessel up to 25 litres was to enable oxygen-enriched air tanks to be carried on board by underwater divers and oxygen-enriched air tanks required for medical purposes to be transported in ambulances on board vessels.

Why is the TDG Regulations no longer requiring the notification of the loading or unloading of explosives or ammonium nitrate?

The requirement to notify the harbor master and the Marine Safety Office of Transport Canada of the loading or unloading of explosives or ammonium nitrate from a vessel was removed from the TDG Regulations to eliminate duplication and confusion for regulatees since the CFTR also requires it.

Why was the requirement to indicate the flash point on a small means of containment for transport on a vessel repealed from Section 4.13?

The requirement to indicate the flash point on a small means of containment was removed from the TDG Regulations to harmonize it with the IMDG Code and the 49 CFR, which do not require it.

Changes to Part 11 (Marine)

Domestic Transport is now called “Marine Transport – TDG Regulations”. Is anything else changing as a result?

Requirements for domestic transport by marine mode remain the same (i.e., compliance with the TDG Regulations).

They continue to apply under the same circumstances as in the previous regulations but the regulations now specify that the domestic requirements apply if dangerous goods are transported between two points in Canada on a voyage during which the vessel is always within 120 nautical miles from shore and no further south than the port of New York or Portland, Oregon.

Paragraph 11.2(b) has been added to require compliance with the TDG Regulations when dangerous goods are transported by a vessel between Canada and another country on an inland voyage.

Did the requirements for international transport of dangerous goods by marine mode change?

No, the requirements are the same. Compliance with the IMDG Code and specified provisions in Parts 3, 4, 5 and 8 of the TDG Regulations (listed in Subsection 11.1(2)) are still required.

The requirements for international transport of dangerous goods by marine mode continue to apply when dangerous goods are in transport between Canada and another country except if it is on an inland voyage (in which case requirements of the TDG Regulations apply). They also continue to apply to the transport of dangerous goods between two points outside Canada on board a vessel registered in Canada.

Before the amendment, the requirements for international transport applied if the dangerous goods were transported between two points in Canada on a “home-trade voyage, Class I”. Now, the regulations specify that they apply if the vessel goes more than 120 nautical miles from shore or if it goes south of either the port of New York or Portland, Oregon. This change does not alter the application of the requirements but provides clarity by describing the geographical area that was covered by the term “home-trade voyage, Class I”.

Why were references to “Home-trade voyage” removed?

To provide clarity. The TDG Regulations now contain a description of the geographical area that reflects the intent of the previous regulations instead of referring to a term for which there is no definition in the CSA 2001.

The following table provides a comparison of the wording before and after the new amendment.
Before amendment After amendment

11.1 International Transport and Home-Trade Voyage, Class I, Transport

  • (1) A person who handles, offers for transport or transports dangerous goods by ship must comply with the IMDG Code when the dangerous goods are in transport between
    • (a) Canada and another country, if the voyage is not an inland voyage;
    • (b) two points in Canada on a home-trade voyage, Class I; or
    • (c) two points outside Canada on board a ship registered in Canada.
  • (2) In addition to the requirements in subsection (1), a person who handles, offers for transport or transports dangerous goods by ship must do so in accordance with the following provisions of these Regulations: …

11.1 Marine Transport — IMDG Code

  • (1) A person who imports, offers for transport, handles or transports dangerous goods by vessel must comply with the IMDG Code if the dangerous goods are in transport between
    • (a) two points in Canada on a voyage during which
      • (i) the vessel goes more than 120 nautical miles from shore,
      • (ii) on the Atlantic coast, the vessel goes south of the port of New York, or
      • (iii) on the Pacific coast, the vessel goes south of Portland, Oregon;
    • (b) Canada and another country, if the voyage is not an inland voyage; or
    • (c) two points outside Canada on board a vessel registered in Canada.
  • (2) In addition to the requirements in subsection (1), a person who handles, offers for transport or transports dangerous goods by ship must do so in accordance with the following provisions of these Regulations: … (subsection 11.1(2) remains the same as before the amendment)

11.2 Domestic Transport

A person who handles, offers for transport or transports dangerous goods by ship between two points in Canada, other than on a home-trade voyage, Class I, must comply with these Regulations.

11.2 Marine Transport — Transportation of Dangerous Goods Regulations

A person who imports, offers for transport, handles or transports dangerous goods by vessel must comply with these Regulations if the dangerous goods are in transport between

  • (a) two points in Canada on a voyage during which the vessel is always within 120 nautical miles from shore and
    • (i) on the Atlantic coast, the vessel does not go south of the port of New York, and
    • (ii) on the Pacific coast, the vessel does not go south of Portland, Oregon; or
  • (b) Canada and another country, if the voyage is an inland voyage.
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