One of the conundrums of the Transportation of Dangerous Goods Regulations (TDG) is the requirement to have an ERAP for a UN number that is not listed in Schedule 1 of TDG.
The problem we run into is that Schedule 1 is only up to the 11th Edition of the UN Recommendations on the Safe Transport of Dangerous Goods (model regulations). In section 1.3.1, item 39 in the table of standards indicates that TDG is at the 14th Edition of the model regulations. But since the 13th Edition of the model regulations, the UN has issued over 130 new classifications.
But section 1.10 of TDG states:
A person may use the appropriate classification set out in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations to transport dangerous goods within Canada by a road vehicle, a railway vehicle or a ship on a domestic voyage if these Regulations or the document from which the classification is taken does not forbid their transport.
This means that if the consignor cannot find a classification in TDG, then the consignor can use a classification from the model regulations, ICAO Technical Instructions (TIs) or the IMDG Code. And this is where the conundrum lies. TDG section 7.1(12) states:
Any substance that would require an ERAP if its classification were determined in accordance with Part 2, Classification, requires an approved ERAP if its classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used as permitted under section 1.10 of Part 1, Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases.
For example, as the consignor, you have an IBC (1,500 L) of sodium cyanide solution, UN3414 to ship. As UN3414 is not listed in TDG, you go to the model regulations for the classification. But the model regulations don’t have an ERAP index, so how do you determine if an ERAP is required? Or, you have 2 x 20 L drums of iodine, UN3495, to be shipped and you use the TIs for your classification. The TIs don’t have an ERAP index, so how do you determine if an ERAP is required?
To determine if an ERAP is required for your shipment where the classification is not in TDG, go to: http://www.tc.gc.ca/eng/tdg/clear-newerapnumbers-87.htm and scroll to the table at the bottom of the page to see if your product is listed and what the ERAP index is. Please bear in mind that all the requirements of Part 7 apply to the numbers listed in this table.
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).
Some topics that were discussed at the last Regulatory Affairs Committee meeting of the Canadian Association of Chemical Distributors (CACD www.cacd.ca).
The CACD board of directors has approved a new standing committee – Health and Safety; there will be more news about this committee as it comes together
CACD has re-branded and launched its new website at its 25th anniversary AGM which was held in St. John’s NF this past June
the Auditor General will be reviewing the TDG directorate and will include the emergency response assistance plan (ERAP) programme in the review; the objective is to determine if the programme has value to Canadians; in general, experience has shown that emergency responders do not make use of ERAPs.
the MACTDG met in May at which Amendment 12 was discussed and CACD’s response to this amendment were presented
the security group of Transport Canada may be announcing that they will harmonize with the US regarding security issues, which we will hear more about later this year
CACD’s voice has been heard (along with others) regarding the Generic Products Regulations that Health Canada and Environment Canada buried in the mercury containing products regulations; the government has withdrawn the proposed legislation
the Consumer Product Safety Directorate (CPSD) of Health Canada has formed a new team to implement GHS; this team will be reviewing the decisions made by the CIC (Current Issues Committee), for example:
considering a new classification – hazardous, not otherwise classified
no reference to the SDS is required on a label as it is redundant
possibility of no hatched border on the label
grouping of hazard symbols, signal words and hazard statements
flashback for aerosols will not be considered anymore
CPSD will be meeting with the CIC in the fall; draft regulations could take 6 to 8 months to be drafted with a final regulation in approx. 2 years; however, the Hazardous Products Act needs to be amended which the government has not yet authorized.
the Hazardous Materials Information Review Commission (HMRIC) will be issuing a Policy Information Sheet (PIS) on the order of the sections for a material safety data sheet
CACD will be taking a larger role in government affairs; CACD will be registering federally as a lobbyist and in any province that has lobbyist legislation; the goal is to advocate before the rules are made, not after
the first advocacy meeting was be held July 4 with the mayor of Burlington to discuss Responsible Distribution®
Transport Canada has posted on its website a proposed interim order for the period of the G20 meetings in Toronto. Dangerous goods that require an ERAP, are in Classes 1.1, 1.2, 1.5 or are in Class 7, other than medical isotopes (UN2915), are prohibited from the controlled access zone. Also included in this are dangerous goods that require the display of placards. However, these dangerous goods are permitted between midnight and 06:00.
The controlled access zone is the area in the City of Toronto that is bounded by Strachan Ave from Queen St West to Lake Ontario, Queen St West from Strachan Ave to Bathurst Street, Bathurst Street from Queen St West to Dundas St West, Dundas Street West/Dundas Street East from Bathurst Street to Jarvis Street, Jarvis Street from Dundas St East to Lake Ontario. You can also view this area on a map.
This interim order is expected to be signed by the Minister on June 21 and will expire June 28 at 06:00.
To comment on this interim order or to make a case for a business critical exemption, please contact, by close of business on June 4:
Linda Hume-Sastre
Director, Legislation and Regulations
Transport Dangerous Goods Directorate (ASDC)
Transport Canada
By one of the following options: Email:linda.hume-sastre@tc.gc.ca Fax: 613-993-5925 Surface mail: Place de Ville, Tower C, 330 Sparks Street 9th Floor
Ottawa, Ontario, Canada, K1A 0N5
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
