It may appear at first that these are merely technical changes and updates. Transport Canada says that the main reason for the amendment is that some of the standards need their references updated to the most current version, and some of them need to be introduced for the first time. However, if the amendment is finalized in Gazette II, some of the implications are significant for Canadian shippers and carriers.
The principle points behind this amendment are:
Several new standards must be introduced in order to enhance compliance with the UN Recommendations in their current form. This means including standards for packagings such as cylinders (which currently have a TC (Transport Canada) specification), and UN-specification portable tanks. This will ensure that Canadians are using the most harmonized, as well as the most modern, packaging standards.
A number of the existing standards referenced in TDG are not referenced in the most current version. For example, the current regulation has a reference for CSA Standard B339-08, “Cylinders, spheres, and tubes for the transportation of dangerous goods”, last amended in February 2005. The amendment will update this reference to the version published in March 2008.
Currently, there is a standard for the approval of non-bulk UN-specification packaging (CAN/CGSB-43.150-97. “Performance Packagings for Transportation of Dangerous Goods”). However, this standard does not give significant guidance for shippers to select an appropriate package for a specific substance. Several years ago, Transport Canada proposed a standard for this purpose, known as TP14850, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9, a Transport Canada Standard”; however, it has not been implemented into Canadian regulations yet. This amendment will establish the standard to enhance compliance with other regulations, reduce the requirements for equivalency certificates, and to general improve safety in packaging.
The TDG Regulations allow the use of certain other regulations, such as the Hazardous Materials Regulations of Title 49 of the Code of Federal Regulations (49 CFR), the International Maritime Dangerous Goods Code (IMDG), the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the UN Recommendations for the Transport of Dangerous Goods. However, these are referenced to specific editions or years (for example, the UN Recommendations are referenced to the 14th Revised Edition, which was published in 2005). This has led to problems in harmonizing with international regulations. The references will be updated to more recent versions; for example, the reference to 49 CFR will be the version from 2010.
Packaging standards for aerosol containers will be updated, and will now also cover UN2037, GAS CARTRIDGES.
This amendment may, based on its size in the Canada Gazette, appear to be rather small. However, because the amendment references such a large number of supporting documents, changes may be effected that are not immediately apparent. For example, TP14850 includes detailed instructions on how to verify compatibility between the packaging and the substance transported.
Canadian stakeholders should consider the implications of these amendments to their operations. Transport Canada has given interested persons 75 days after the date of publication to make Comments, which should be addressed to:
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C
330 Sparks Street, 9th Floor
Intermediate Bulk Containers and Small Means of Containment
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C
330 Sparks Street, 9th Floor
If you have any questions that ICC The Compliance Center Inc. can assist you with regarding this amendment, or other TDG-related questions, please contact us at 1-888-977-4834.
by Jonathan Sypal-Kohout on September 9, 2013 at 1:00 pm · in Jonathan's Blog
So, you want to bend the rules? What happens when you have a scenario where following the regulations to ship your dangerous goods becomes impractical to the point of impossibility?
This blog entry will speak to what the process is for applying for an Equivalency Certificate in Canada as per the Transportation of Dangerous Goods Clear Language Regulations.
Generally when people ship dangerous goods, the process becomes a matter of reading and complying with everything the regulations state. However, below are some scenarios where following exactly what the regulations state is… shall we say… less than ideal.
Al wants to ship some large batteries for equipment within Canada with classification:
UN 2794, Batteries, Wet, Filled With Acid, Class 8, P.G. III
His dilemma is that when a new battery is commissioned, the outer package is generally discarded due to space limitations. In many cases these batteries were installed prior to the packaging requirements of Part 5 of the TDG Regulations.
Al wants to ship this without UN approved packaging.
Bill wants to ship a MRI machine that contains liquid helium, classification:
UN 1963, Helium, refrigerated liquid, Class 2.2
His dilemma is that his MRI machine is what contains the Helium and it is not in an approved means of containment. He requires the helium to remain in his equipment during transport in order to keep the magnet cool.
Bill wants to ship this without approved packaging.
Chuck wants to send some prototype lithium ion batteries that have not undergone the UN 38.3 Part 3 tests, to be sent internationally with the classification:
UN 3480, Lithium ion batteries, Class 9, PG II
His situation is that he must ship these by air and in order to do so, as per the ICAO Technical Instructions, approval by the appropriate authority of the State of origin (Transport Canada) is required.
Chuck wants to ship this before having the required test results from the UN Manual of Tests and Criteria, Part III, subsection 38.3 for lithium ion batteries.
In all three of these scenarios, someone is looking to send a shipment outside a normal scope of work. Normally when one thinks of shipping dangerous goods, the process is somewhat standardized. All three of the above scenarios are looking to send a shipment without being in complete compliance with the regulations. This is when an Equivalency Certificate must be used. Essentially when you apply for a certificate you are saying:
Dear Transport Canada, I would like to have permission to not follow one of the parts of the regulations, but I promise that in breaking from the regulations I will ship the dangerous goods in such a way that they are just as safe as if I did follow the rules, perhaps even safer. Here is how I propose to do it…
If they feel that your methods are adequate, they may approve your application.
Once you realize that your goods require an Equivalency Certificate in order to be allowed to be transported, you should write up your proposal as soon as possible. Transport Canada requests that you submit the proposal to them three months before you intend to start shipping. If you are currently using an Equivalency Certificate to transport your goods, keep in mind that they do expire and must be renewed periodically which requires another submission to Transport Canada, again giving them the requested three month lead time.
What must you put on your application? 14.1 in TDG specifically lists what is required. I received a recent version of essentially the same checklist from Transport Canada last month. Keep in mind that all information must be provided and that missing information will delay the application. Here is what they sent me:
How to Apply for a Permit of Equivalent Level of Safety
if the applicant is an individual, the name of the individual;
if the applicant is a company or an association, the name of the company or association and each association member as the name appears in letters patent, articles of incorporation or other documents that show the legal identity of the applicant;
the street address of the applicant, including the postal code;
the telephone number of the applicant and, if applicable, the facsimile number;
where a person applies on behalf of the applicant, the name, position and business telephone number of the person and the name, position and business telephone number of the contact person identified in the documents that will accompany the permit;
a description of the dangerous goods, including the shipping name, primary classification, subsidiary classification, if any, product identification number, packing group and, if the dangerous goods are in a solution or mixture, the composition of the solution or mixture and the percentage (specified by volume or weight) of each chemical;
the method of packaging the dangerous goods, including a description of the means of containment and the quantity of dangerous goods in each means of containment;
the modes of transport for which the permit is requested, that is by rail, road, aircraft or ship;
the requirements of the Act and these Regulations that the applicant proposes not to comply with;
a detailed description of the proposal for the permit, including:
the length of time or schedule of activities for which the permit is requested,
the manner in which the applicant will handle, offer for transport or transport the dangerous goods and how that manner will ensure a level of safety at least equivalent to that achieved by complying with the Regulations, and
drawings, plans, calculations, procedures, test results and any other information necessary to support the proposal.
Applications can be forwarded to one of the following addresses:
Chief, Permits and Approvals Division, Transport Dangerous Goods
330 Sparks Street, 9th Floor
Ottawa ON K1A 0N5
If you are beginning to feel daunted by the task at hand, here is my advice. Take everything step by step and talk to some of the people at Transport Canada to ask for their guidance and advice. I have picked the brains of several Transport Canada personnel and not one of them has ever given me a hard time or made things difficult on me. Their main goal is safety and if you go in with the mentality that safety is paramount, the rest should flow nicely.
If your application gets accepted, ensure that you enclose a copy of the Equivalency Certificate with your shipment so that everyone along the way who comes in contact with the packages understands how this is being shipped.
After approval, the Equivalency Certificate information will be available online.
Keep in mind that different countries have different rules and regulations. Each of the three scenarios above has a different outcome when travelling abroad.
Even with a Canadian Equivalency Certificate, if travelling by ground to the United States, Al must make sure he is compliant with 49 CFR (specifically packing instruction 173.159), otherwise he must speak with the Department of Transportation and apply for a similar permit with them.
Even though an Equivalency Certificate is required for transport in Canada, while travelling by ground through the United States, the MRI is not considered dangerous goods. This is referenced from the DOT Ref: 99-0056.
As per the ICAO Technical Instructions, this shipment only requires approval from the appropriate authority for the state of origin. So long as it will first be loaded onto an aircraft in Canada, Transport Canada’s Equivalency Certificate is all that is required, even when flying to a different country. It is still worth double checking with the country you wish to fly into to ensure that they do not have a state variation saying differently.
If you ever do require a permit in another country, it is important to communicate with them well before your anticipated ship date as you might have to go through an application process that is similar to that of Transport Canada, but in their country, and it may take a few months to process.
Transport Canada has posted a bulletin for shipping infectious substances (RDIMS#8210418).
In the overview, Transport Canada reviews what an infectious substance is: anything that is known or reasonably believed to cause disease in humans or animals. This substance can be in blood, body fluids, body parts, organs, tissue or cultures. The responsibility of the consignor is to: train, classify, package, mark/label, document, placard and have an ERAP in place, if necessary. In addition to the definition found in section 1.4 of TDG (Transportation of Dangerous Goods Regulations), the Public Health Agency of Canada (PHAC) has regulations that apply to lab safety and the import of human pathogens into Canada. Please keep in mind that provincial governments may have additional regulations in place.
Classification of infectious substances is generally done by a medical professional. If you know that what you want to ship is an infectious substance, then it is class 6.2. In TDG, under Appendix 3 in Part 2 is a listing of regulated infectious substances. This list is not exhaustive. If what you want to ship is not on the list, but exhibits the characteristics of an infectious substance, then it is class 6.2.
The authorized shipping names in TDG are:
UN2814 Infectious substance, affecting humans,
UN2900 Infectious substance, affecting animals
UN3373 Biological substance, Category B
UN3291 Clinical waste, unspecified, n.o.s., (Bio)Medical waste, n.o.s., or Regulated medical waste, n.o.s. are not listed in TDG. These shipping names can be used utilizing section 1.10 of TDG. It is recommended to use Type 1C packaging.
When shipping infectious substances, you must do so in compliance with TDG. When shipping by air, you must use the ICAO Technical Instructions and by sea, the International Maritime Dangerous Goods Code (IMDG). Please note that competent authority approval may be needed.
There are exemptions available for shipping within Canada:
section 1.39 – Class 6.2, Infectious Substances, Category B Exemption
section 1.41 – Biological Products Exemption
section 1.42 – Human or animal Substance Believed not to Contain Infectious Substances Exemption
section 1.42.1 – Tissues or Organs for Transplant Exemption
section 1.42.2 – Blood or Blood Components Exemption
Quick reference guide for road transport
Infectious Substance, Affecting Humans
Infectious Substance, Affecting Animals
Biological Substance, Category B
UN2814 or UN2900 if waste contains Category A.
UN3291 if waste contains Category B.
Type 1B (only in certain instances. Refer to TDG 5.16)
Type 1A, or
Type 1B, or
No, if shipped in accordance with the exemption in TDG 1.39
Transport Canada published in Canada Gazette, Part I, the amendment titled “Part 4 Dangerous Goods Safety Marks”. Notable changes include:
introduction of overpacks
modifications to the use of the DANGER placard
introduction of new safety marks (3)
new proposal for placarding large means of containment
Let’s start with the overpacks. Currently under TDG, overpacks are not recognized although they are being used. And this is causing enforcement issues. TC considers an overpack to be a large means of containment. The definition for overpacks will be added to section 1.4 of TDG. Safety marks for overpacks is covered in section 4.10.1. As part of this section, when the overpack has a capacity ≥ 1.8 m3, then safety marks must appear on two opposite sides of the overpack.
All the safety marks are in the UN Model Regulations, ICAO Technical Instructions, IMDG Code and 49 CFR.
The requirements for placards will undergo a major change. The table in TDG section 4.15 is replaced. Placards will be required on both ends and sides of a large means of containment. The subsidiary placard requirements do not change. UN numbers on a placard or orange panel will be required when an ERAP is required, or the dangerous goods are liquids or gases in bulk. IBCs (intermediate bulk containers) will be permitted to only have 2 placards with UN number on opposite sides, or a label and UN number on each side. This will remove the need for equivalency certificates. However, placards with UN numbers will be needed on the outside of the truck.
The use of the DANGER placard changes as well. The DANGER placard can be displayed in place of hazard class placards when there are 2 or more classes and there are 2 or more small means of containment. The current restrictions for the use of the DANGER placard do not change, but those restrictions now include:
gross mass not to exceed 1,000 kg,
not to include only one hazard class, and
are offered by one consignor at one location.
The 500 kg requirement for placards is found in section 4.16.1 with the restrictions being very similar to the restrictions currently found in the exemption 1.16 500 kg gross mass exemption. If any part of a shipment involves a restriction that is listed, then that amount is not used in the calculation for determining placards. For example, if a shipment consists of 2,300 kg of dangerous goods, with 2,000 kg being sodium, then that shipment will require the hazard class placard with UN number as it requires an ERAP. The remaining 300 kg, being under the 500 kg, will not require placards.
The wording of section 4.22.1 for the Category B mark has been changed to read that the Category B mark replaces the Class 6.2 hazard label.
For dangerous goods that are subject to special provision 23, it will now be required to add the words “toxic – inhalation hazard” next to the shipping name for small packages, and on the large means of containment, in addition to any required placards.
The purpose of this amendment is harmonize with the international regulations as well as with 49 CFR. There may be additional costs to carriers for implementing these changes, but TC is of the opinion that for carriers who do business in the US, they will already have the additional placard holders on their trucks.
Transport Canada has given 75 days for comment from December 1, 2012. Comments are to be sent to:
Genevieve Sansoucy, Legislation and Regulations, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-5766; fax: 613-993-5925; email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc. ca).
Transport Canada published Amendment 11 in the Canada Gazette, Part II on December 5, 2012. In Amendment 6 (February 2008), a number of errors were introduced. This amendment corrects those errors, and brings others into line with some changes to the Act (June 2009).
The changes in this amendment are:
definition of “person” now aligns with the definition in the Act, including the addition of “organization”,
section 1.15 150 kg Gross Mass Exemption has been changed to allow up to 6 aerosols to be transported without complying with Part 5 Means of Containment. However, the aerosols must have a valve protection cap; in addition, special provision 80 has been changed to provide consistency,
section 5.5 Filling Limits goes back to the wording prior to Amendment 6 so as to remove any confusion and misinterpretation regarding standards or safety requirements,
the placarding provisions of the IMDG Code have been placed in Part 9 Road and Part 10 Rail; this allows for the placarding under the IMDG Code which means that placarding requirements are simpler and will reduce if not eliminate confusion,
other changes are of an editorial nature or typo:
in section 2.29(2)(c), 0.2 g/L now reads 0.2 mg/L
in the restricted paragraphs of section 1.15 and section 1.16, the title for Class 4 has been corrected
in section 1.32.1, the shipping name Liquefied Petroleum Gas now reads Liquefied Petroleum Gases
table of contents for Part 2 Classification now shows Category A and Category B instead of risk groups
in part 2, appendix 3, item 3, the word “formerlly” is changed to read “formerly”
section 1.32.2 Gases, Absolute Pressure between 101.3 kPa and 280 kPa now reads 1.32.2 Class 2, Gases, Absolute Pressure between 101.3 kPa and 280 kPa
in section 1.47 UN1044, Fire Extinguishers, Exemption, “and (d)” is added after “Paragraphs 5.10(1)(a)(b)”
Although these changes come into force on December 5, there is a transition period of six months (June 5, 2013) before all the changes become mandatory.