Cindy Douglass, the Assistant Administrator and Chief Safety officer of the Pipeline and Hazardous Materials Safety Administration (PHMSA), addressed concerns about the organization during her keynote address to the Dangerous Goods Advisory Council (DGAC) annual conference, held this year in San Antonio, Texas.

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A number of shippers and carriers are concerned about the recent changes to the Transportation of Dangerous Goods Act (TDG Act). Their concerns are centred around how they are to comply with ERAPs, security plan and security clearances sections of the TDG Act.

As Tranport Canada has not written any regulations for the changes to the Act, then there is nothing for shippers and carriers to comply with. The reasons these changes have been implemented are the upcoming Vancouver Olympics and the G8 summit next June to be held in Huntsville, ON.

The Act does provide for the Minister to issue interim orders. An interim order has been issued which states that anyone who has knowledge of the loss, theft or otherwise unlawfully interfered with dangerous goods must notify their local police and CANUTEC.

So until regulations are written and published in Gazette II or another interim order is issued, there is nothing for shippers or carriers to do. But seeing what is in the changes to the Act, it would be prudent for a company to start preparing if it has not already done so.

The federal government has made changes to the Transportation of Dangerous Goods Act which will increase security for dangerous goods. Most of this is being implemented due to Vancouver hosting the Olympics next year. For the most part there is nothing for anyone to do as there are no regulations for these changes. So there is nothing for us to comply with. The amendments to the regulations for these changes look like they will take some time as I imagine that plenty of people will want to comment on the proposed changes.

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Transport Canada has posted a consultation document on their website for Amendment 9. This proposed amendment will deal with:

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TDG 4.15(2) is up for discussion again. Transport Canada is stating that a change to the regs is being considered and it should harmonize with 49 CFR.

Transport Canada is also suggesting that the "inspector community" should take the least restrictive of options available in TDG, i.e. return to using the DANGER placard.

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The following proposed amendments to the Transportation of Dangerous Goods Regulations were presented by J.S. Bergeron, Regional Manager, TC at the Canadian Association of Chemical Distributors (CACD) semi-annual meeting recently:

1. Part 7 Emergency Response Assistance Plan: now with Justice, expect to see in Gazette I before year end,
2. Titled "Back to the Future": returning to pre-Amendment 6 for Section 4.15 Dangerous Goods Safety Marks on a Large Means of Containment: Placards and UN Numbers: correcting safety mark errors, etc. Consultation will be the end of November, early December,
3. Clean up of the standards; discussion centred on CGSB-43.147 Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transporting of Dangerous Goods by Rail, & CGSB-43.126 Remanufacturing and Reconditioning of Drums Used for the Transportation of Dangerous Goods; adoption of rail standards; end of year?
4. Adopt the 15th Edition of the UN Model Regulations; harmonization of TIH’s (toxic inhalation hazards); early next year
5. Changes to Part 12 Air re: domestic provisions and isolated areas; there is an internal discussion at Transport Canada going on now.

Keep informed by checking our website, the Canada Gazette website: http://canadagazette.gc.ca/index-e.html, or Transport Canada’s website: www.tc.gc.ca/tdg/menu.htm.

Transport Canada has posted an Amendment 8 proposal on its website.

Here are some of the proposed changes:

• Take the Transportation of Dangerous Goods Regulations to the 15th Edition of the UN Recommendations (model regulations), not including Chapter 1.4 (Security Provisions) and provision 7.2.4 (Security provisions for transport by road, rail and inland waterway). (about time)
• Several changes to Part 3 Documentation and Part 4 Dangerous Goods Safety Marks in relation to Special Provision 23 where "Toxic Inhalation Hazard" must be added.
• New Class 5.2 Organic Peroxides safety mark of the red top half and yellow bottom half will now be permitted with the safety mark becoming mandatory January 1, 2011. Continue reading »

The Prime Minister has gone to the Governor General and now Canada is in the throes of a general election.

So what does this do to regulatory change? As the ministers are now in their ridings campaigning for re-election, how does Transport Canada get out the amendments to Amendment 6? There are a number of issues brought about by Amendment 6 that need to be clarified. Transport Canada (TC) did have some discussion papers posted on their website, but the website is now conspicuous by the absence of these papers.

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Although there is reciprocity between Canada and the U.S., effective September 1, 2008, the hazard labels the U.S. use for Class 2.3 and Class 6.1, PG I will not be accepted in Canada:

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Section 1.15 of the Transportation of Dangerous Goods has become the 150 kg Gross Mass Exemption as a result of Amendment 6. This exemption provides relief from the following sections:

• documentation
• dangerous goods safety marks
• means of containment
• training, and
• immediate reporting

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