Protective Direction No. 39

I, Marc Garneau, Minister of Transport, am issuing this Protective Direction under section 32 of The Transportation of Dangerous Goods Act, 1992 (Act) considering it necessary to deal with an emergency that involves a danger to public safety, do hereby direct that:

(1) A person must not import, offer for transport, handle or transport any dangerous goods listed in subsection (2) and included in Packing Group I, II or III in a tank car unless the tank car

  1. is a Class 105, 112, 114 or 120 tank car that is in compliance with the requirements of TP14877 for the tank car's class and that is equipped with a jacket that,
    1. is made of ASTM A1011 steel, or steel of an equivalent standard,
    2. has a thickness equal to or greater than 3 mm (11 gauge), and
    3. is weather-resistant;
  2. is any other class of tank car equipped with a jacket described in subsection 5.15.7(1) of the Regulations;
  3. is a TC 117R tank car described in section 5.15.8 of the Regulations;
  4. is a TC 117 tank car described in section 5.15.9 of the Regulations; or
  5. is a TC 117P tank car described in section 5.15.10 of the Regulations.

(2) The dangerous goods are

  1. UN1267, PETROLEUM CRUDE OIL;
  2. UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are crude oil;
  3. UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC.

(3) Starting on January 1, 2019, a person must not import, offer for transport, handle or transport any dangerous goods listed in subsection (4) and included in Packing Group I, II or III in a tank car unless the tank car

  1. is a Class 105, 112, 114 or 120 tank car that is in compliance with the requirements of TP14877 for the tank car's class and that is equipped with a jacket that,
    1. is made of ASTM A1011 steel, or steel of an equivalent standard,
    2. has a thickness equal to or greater than 3 mm (11 gauge), and
    3. is weather-resistant;
  2. is any other class of tank car equipped with a jacket described in subsection 5.15.7(1) of the Regulations;
  3. is a TC 117R tank car described in section 5.15.8 of the Regulations;
  4. is a TC 117 tank car described in section 5.15.9 of the Regulations; or
  5. is a TC 117P tank car described in section 5.15.10 of the Regulations.

(4) The dangerous goods are

  1. UN1265, PENTANES;
  2. UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that are a condensate;
  3. UN1993, FLAMMABLE LIQUID, N.O.S that are a condensate;
  4. UN3295, HYDROCARBONS, LIQUID, N.O.S.that are a condensate;

Interpretation

(5) The following definitions apply in this Protective Direction.

"condensate" means a hydrocarbon mixture sourced from liquid recovery units of natural gas production, gas plant, crude oil vapour treatment units and other plant and refinery operations.

"Regulations" means the Transportation of Dangerous Goods Regulations.

"TP14877" means the Transport Canada Standard TP14877E, "Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard", December 2013, published by the Department of Transport.

Terminology — Transportation of Dangerous Goods Regulations

(6) Unless the context requires otherwise, words and expressions used in this Protective Direction have the same meaning as in section 1.4 and 5.1 of the Regulations.

This Protective Direction takes effect on November 1, 2018. It remains in effect until the earliest of the day it is cancelled in writing by the Minister of Transport, or April 30, 2025.

Signed at Ottawa, Ontario, this day of August 28, 2018.

Marc Garneau
Minister of Transport

Explanatory note

This Protective Direction accelerates the removal of the CPC 1232 (TP14877) unjacketed tank cars from crude oil service in Canada from the current April 1, 2020 regulatory requirement to November 1, 2018.

It also accelerates the removal of all TC/DOT 111 and CPC 1232 (TP14877) unjacketed tank cars from condensate service in Canada from the current April 30, 2025 regulatory requirement to January 1, 2019.

Condensate is commonly blended with bitumen or heavy crude oil for use as a diluent to control viscosity and density for the purpose of transport. Condensates typically consist of pentanes and heavier hydrocarbon liquids but may contain dissolved hydrocarbon gases such as butane, butadiene, propane, propadiene and trace levels of ethane and methane. Condensates with a high fraction of pentanes are specially valued for this application.

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