{"id":8595,"date":"2018-01-26T09:00:07","date_gmt":"2018-01-26T14:00:07","guid":{"rendered":"http:\/\/blog.thecompliancecenter.com\/?p=8595"},"modified":"2021-04-19T14:50:09","modified_gmt":"2021-04-19T18:50:09","slug":"tdg-marine-amendment-sor-2017-253","status":"publish","type":"post","link":"https:\/\/www.thecompliancecenter.com\/ca\/help-center\/articles\/tdg-marine-amendment-sor-2017-253\/","title":{"rendered":"TDG Marine Amendment Clarified (SOR\/2017-253)"},"content":{"rendered":"

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Let’s Have the FAQs!<\/h2>\n

Transport Canada published an FAQ (“Frequently Asked Question”) summary on January 17<\/a> to clarify and provide background on the Marine Amendment (SOR\/2017-253).<\/p>\n

Although much of the information in the FAQ, detailing the purpose of the Part 11 and other related changes, was covered in the Gazette II RIAS (CGII Regulatory Impact and Analysis Statement), there are a couple of points that may be of interest.<\/p>\n

Schedule 1 – Column 8 Clarification<\/h4>\n

The FAQ clarifies that the Col. 8 restriction is based on the specific categorization of the number of passengers as dictated in s. 1.10, not on the definition of \u201cpassenger carrying vessel\u201d itself in s. 1.4<\/p>\n

The amended reference to restriction of DG on board passenger-carrying vessels resulted in a separation on the basis for applying the Schedule 1, Col. 8 restriction. Formerly there was a qualifier in the Part 1.4 definition of \u201cpassenger carrying ship\u201d, that invoked the restriction, based on a number of passengers per ship and\/or per meter of ship length.<\/p>\n

The current Canada Shipping (CS) Act has a definition for “Passenger, but not “passenger carrying vessel””.
\nSimilarly, the Cargo, Fumigation and Tackle Regulations (CFTR), in s. 142, defines “passenger vessel” in the terms currently found in s. 1.10 of the TDGR.<\/p>\n

Presumably, without the clarification in the FAQ, shippers might conclude that 1 passenger (based on the s. 1.4 definition) would invoke the Col. 8 restriction since there was no other clear reference directing the user to s. 1.10.<\/p>\n

Vessel vs Ship (& boat, craft …)<\/h4>\n

Despite the fact that “vessel” is now being used to align with the current CS Act, the noun “ship” has not been completely banished. The roll-on\/roll-off (“ro-ro”) term retains the noun “ship” used in the IMDG Code, the source of the definition. (Although “vessel” predominates in the current CS Act\/regulations, the IMDG Code usually refers to “ship”- without defining either term).<\/p>\n

Domestic vs Marine<\/h4>\n

The qualification of a voyage as either under the IMDG Code or an extension of a TDGR ground voyage is explained in this section. Had the term “Home-Trade Voyage” definition invoking mandatory use of the IMDG Code been maintained, the (obsolete) CS Act wording could have been interpreted as including the (French) territory of St. Pierre and Miquelon in a “domestic” TDGR) voyage. Technically, although only a few km from the Newfoundland coast, voyages to these islands requires adherence to the IMDG Code.<\/p>\n