TDG May Require Classification Records – Shipper’s Certification

Transport Canada Proposes Changes Requiring Classification Records, Shipper’s Certification for all DG in Addition to Rail/Crude Standards

The fall-out from the Lac Mégantic disaster, as well as earlier and subsequent incidents, has lead Transport Canada to propose changes to the TDGR (Transportation of Dangerous Goods regulations) that go beyond rail car design/evaluation and testing of crude oil.

Despite the titling of the January 11, 2014 Canada Gazette I “Proposed Regulations Section” – i.e. “Regulations … (Safety Standard TP14877: Containers for Transport of Dangerous Goods by Rail) …” – the proposal also includes 2 items applicable to all DG and modes of transport.

Proof of Classification: Part 2.2.1 would be added requiring all consignors offering or importing any DG to maintain records establishing proof of classification (& just an MSDS won’t do). The records (e.g.: test reports, documentation of how the information on an MSDS was used, etc.) would have to be maintained for each technical name for two years. See sections 2 through 4 of the Gazette notice.

Consignor’s Certification: Part 3.6.1 would be added, requiring a shipper (individual acting on behalf of the consignor) to sign one of 3 prescribed (as applicable to the shipment) statements on the shipping document, for any DG shipment, verifying that the consignment complies with the regulations in all respects. See sections 5 through 7 of the Gazette notice.

Crude Oil/Petroleum Distillates-Products: Special Provision 90 is proposed to be added to Schedules 1 and 2. This would require a prescribed process to be followed in sampling and testing for flash point to be used to classify PG for each consignment of either UN1267 or UN1268. The proposal, as written, applies to all modes or container sizes. Records of sampling procedures, testing protocols and test results would have to be kept for 2 years following the date on the applicable Shipping Document. See section 13 and 15 of the Gazette notice.

Last, But Not Least, the Gazette I Entry Title Item

Rail Car Standard TTP14877: As expected, the proposal introduces more stringent rail car criteria and would replace CGSB43.147.

The proposed new safety standard includes:

  • Improved safety requirements for DOT-111 tank cars
  • New designs for tank cars for certain products, such as liquefied natural gas;
  • Addition of a requirement for stub sill inspections; and
  • Additional safety features such as increased protection for tank cars carrying over 120,000 kg, and improved pressure-relief valves.

A benefit to having the new standard issued by Transport Canada is that it will presumably be available for free on their website. The proposed TP14877 is currently available at the following link:

Consequential amendments are proposed in Parts 1, 5, 10 and Special Provision 32.

Comments are being received by Transport Canada until February 10th 2014. The amendment would allow a 6 month transition period, following Gazette II publication, when either the new or existing (at date of Gazette II publication) TDGR could be used.

The proposal is available on the Canada Gazette website:

If you have any questions that ICC Compliance Center Inc. can assist you with regarding these proposed changes to the TDGR, please contact us at 1-888-977-4834 (Canada) or 1-888-442-9628 (US).

Clifton J. Brown

Clifton J. Brown

Clifton Brown has over 35 years of practical experience in the Canadian chemical and manufacturing industries. He has worked in research, quality, environment, health and safety in a range of industries including explosives, pesticides, manufacturing/contract packaging, pharmaceuticals, and specialty chemicals. This experience has provided a basis for dealing with a variety of regulatory approaches that have been useful in implementing and evaluating/auditing compliance. This experience has also been useful in effectively helping others to understand and apply the regulations in a North American context. Clifton represents ICC on the RDC regulatory and safe operations committees, participates in Transport Canada consultations and attends WSPS, CSSE and related activities.

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