So, what’s going to be coming in TDG in the next year?

Well, let’s start with an Equivalency Certificate for limited quantities.  Members of the Canadian Paint and Coatings Association have an Equivalency Certificate (http://www.tc.gc.ca/tdg/permits/htm/10832-eng.htm) for the use of the new limited quantity mark. If Transport Canada is not going to have this in a very near future amendment, then why don’t they issue the Equivalency Certificate to all shippers?

Amendments 8, 9 & 10 have come into force this year. Amendment 11 was sent to the Minister on October 20 and it deals with correcting errors in Amendment 6. The next step for Amendment 11 is a consultation phase.

Amendment 12, which was reviewed last June, is a large amendment with emphasis on placarding and introduces the overpack. The comment review was completed in June and it may go direct to Gazette II.

Amendment 13 will deal with the standards and Part 5 Means of Containment. This proposal has been at Justice since June and its next stop should be Gazette I.

Amendment Q will be an update of Schedule 1 and 2. Amendment 12 was to take us to the 17th Edition of the UN Recommendations on the Safe Transport of Dangerous Goods, so why would a separate amendment be needed for the Schedules? Interesting that Schedule 3 is not listed in this proposal – typo? The next step for this amendment is consultations.

The Surface Inter-modal Security (SIMS) directorate is still in the policy development phase. They have indicated a combined use of voluntary practices and regulations that will be phased in over a reasonable time period. In addition, harmonization with the US will be key, but there will be some unique Canadian situations.

The one thing we do not have are target dates for each of the above.

The Auditor General will be releasing his findings on December 13th on the ERAP programme.

Transport Canada has recently issued Amendment 10, an update to Canada’s Transportation of Dangerous Goods Regulations. The text of this amendment can be found at http://www.gazette.gc.ca/rp-pr/p2/2011/2011-10-12/html/sor-dors210-eng.html.

This Amendment deals specifically with Emergency Response Assistance Plans (ERAPs), and compensation for situations where the government has invoked a plan in the event of a terrorist action. Costs that are eligible for compensation include:

• the salaries and other compensation for employees and contractors;
• the cost for tools and equipment used, including rental of equipment where necessary,
• cost of replacing supplies, single-use equipment and other consumables,
• travel expenses for personnel, including meals and accommodation,
• expenses related to injury or death of employees or contractors, and
• costs incident to cleanup after an incident, including handling and disposal costs for dangerous goods and contaminated materials.

In the event of a terrorist incident involving dangerous goods in transport, the Minister of Transport can invoke an ERAP, even if the ERAP is held by someone other than the consignor of the goods. The amendment is required to ensure that this does not place an undue economic burden on the owner of the invoked ERAP.

Other aspects of ERAPs, such as the quantities that trigger the requirement, have not been changed in this amendment. If you have questions about how Amendment 10 will affect ERAPs, please contact ICC The Compliance Center Inc at 1-888-442-9628 (USA) or 1-888-977-4834 (Canada).

See our TDG resources >>

Transport Canada has posted on its website Amendment T – Provisions for Orphan Releases. This is a proposed regulation and has NOT been published in the Canada Gazette.

Amendment T outlines the compensation for implementing an ERAP at the request of the Minister. There are 4 sections that will be added:

• 7.10 Compensation for Authorization to Implement an Approved Emergency Response Assistance Plan (ERAP)
• 7.10.1 Compensation Limits
• 7.10.2 Claims for Compensation
• 7.11 Emergency Response Assistance Plan for Emergency Response Contractors

Section 7.10 outlines what expenses will be covered, such as:

• death, disability or injury to the plan holder or its employees
• overhead costs for the plan response
• cost of employees or contractors
• use of tools, vehicles, hoses, pumps, generators, etc.
• travel expenses – meals, accommodation, fuel, flights, etc.
• rental fees
• repair costs for equipment damaged during the response
• cost of defending any legal action

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