On March 10, 2012, Transport Canada published a proposed amendment to the Transportation of Dangerous Goods Regulations (TDGR) in Canada Gazette 1. This amendment, called Amendment 11, will, when finalized, address a number of problematic points in the current TDG System.

The significant changes proposed in Amendment 11 include the following:

• The definition of “person” will be changed for clarity, and a definition of “organization” will be added. This is to align with the meanings already established in the Transportation of Dangerous Goods Act (TDGA), in 2009.
• Section 1.15, the “150 kg exemption”, is proposed to be changed allow for easier ransport of consumer-type aerosols. The proposed change will allow up to six aerosol containers to be transported in an outer packaging that is not UN specification. This fixes a problem introduced in Amendment 6; the current regulations allow most products transported under these provisions to be transported in non-standardized packaging, but does not exempt Class 2 materials. This was aimed at requiring cylinders to be tested and certified, but aerosols were not given an exception for their outer packagings. Companies that use section 1.15 to transport small, consumer-type aerosols are currently required to obtain a permit that exempts them from this requirement.
• In Part 5, Means of Containment, the weight or filling limits on packagings will be clarified. For specification packaging, filling limits will be established under the specification. For non-specification packaging the limits will be based on the manufacturer’s recommendation. In addition, Part 5 will specify that packages may not be liquid-full at 55°C.
• Sections 9.3(3) and 10.3(3) will be changed to address a problem that has arisen when transporting dangerous goods by road or rail to and from ports, incident to interntaional transport under the International Maritime Dangerous Goods Code (IMDG). The current regulations require that such containers be placarded according to TDG rules from Part 4 rather than according to the IMDG Code. However, these rules are sometimes quite different (for example, TDG rarely requires subsidiary hazard placards, while IMDG does), and this could lead to situations where the placards must be changed at the port. Amendment 11 would change the requirement to allow IMDG placarding rules to be used for containers in transport to and from ports or marine terminals, and also allow shippers to use no placards at all, during transport in Canada, as long as the goods were not regulated in Canada even if the IMDG Code assigned a hazard class to them.
• The rest of Amendment 11 consists of editorial changes and minor corrections to wording.

To read the text of this proposed amendment, go to the Canada Gazette website at http://www.gazette.gc.ca/rp-pr/p1/2012/2012-03-10/html/reg7-eng.html. To comment on the proposals, you can contact:

Geneviève Sansoucy
Acting Chief
Legislation and Regulations
Transport of Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario, K1A 0N5
Telephone: 613-990-5766, Fax: 613-993-5925
Email: genevieve.sansoucy@tc.gc.ca

When faced with these and other regulatory changes, remember that the regulatory staff at ICC The Compliance Center Ltd. can assist you. Contact us at 1-855-734-5469, for support and guidance. We’re here to help!

On June 28, 2010, Transport Canada issued an Advisory Notice about hot air balloons. This notice addresses two (2) issues with the Regulations:

1. an exemption
2. cylinder compliance

1. Exemption: Section 1.27 Operation of a Means of Transport or a Means of Containment Exemption of the TDG Regulations does provide an exemption for propane cylinders. The catch is that the hot air balloon must be flight-ready and the cylinders are attached to the hot air balloon. Once the cylinders are removed from the hot air balloon for refill or the hot air balloon is not flight ready, such as when transporting the hot air balloon in a trailer, the exemption no longer applies.

2. Cylinder compliance: in TDG, Section 5.10 Means of Containment for Class 2, Gases requires the selection and use of cylinders in accordance with the Canadian Standards Association (CSA) standard B340. In addition, the manufacture of the means of containment (cylinder) must be done in accordance with CSA B339.

CSA B340 Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2:  this standard covers the safety requirements for selecting and using cylinders for the transportation of dangerous goods in Class 2. It also covers the requirements for filling and handling of cylinders for Class 2 dangerous goods.

CSA B339 Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods: this standard outlines the requirements for manufacturing, inspecting, testing, and marking of means of containment for Class 2 Gases, dangerous goods.

Please keep in mind that in TDG, Section 5.10 Means of containment for Class 2, Gases, that clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a) of CSA B340 do not apply. In other words, equivalent means of containment are not permitted, the means of contaiment must meet CSA B340.

For more information see Transport Canada’s website.