Objectives

This amendment has several objectives. The first is to harmonize the TDGR with international regulatory requirements by updating the TDGR to incorporate changes introduced in the 19th edition of the UN Recommendations, the IMDG Code 2014 and the 2015–2016 ICAO Technical Instructions with respect to safety marks, classification information, shipping names, special provisions and marine pollutants.

The second objective is to introduce ambulatory references (also known as “dynamic references”) for the international codes incorporated in the TDGR. Canadian stakeholders would be required to use the most recent versions of the UN Recommendations, the IMDG Code, the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions as well as the UN Manual of Tests and Criteria (MOTC) and 14 technical standards.

Another objective of this proposal is to reduce regulatory barriers to cross-border trade with the United States by formally recognizing aspects of the United States regulatory regime and by increasing reciprocity of regulatory requirements for pressure receptacles and approvals between Canada and the United States by aligning national standards and regulations.

This proposal would also eliminate the need to obtain an equivalency certificate in order to transport hot air balloon cylinders of propane by road, rail or ship.

Link: http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-26/html/reg3-eng.php

Parts of the amendments of particular interest:

Approval reciprocity

The proposed amendments would allow dangerous goods to be transported into or through Canada by road or rail under special permits issued in the United States under the 49 CFR if the special permit number is on the shipping document. Requirements for documentation would still have to be met, and certain dangerous goods, such as those forbidden for transport under the TDGR or those that are not regulated under the 49 CFR, could not be transported under this provision. The special permit would only be accepted up to the first destination in Canada. Any reshipping activities, such as distribution, would need to comply with the TDGR or would require an equivalency certificate issued under the TDGR. Refused shipments of dangerous goods being returned to the United States or means of containment containing residues would not require an equivalency certificate.

One-time movement approvals

Under the proposed amendments, a one-time movement approval (OTMA) issued in the United States could be used in Canada to move a means of containment coming from the United States by rail to a location in Canada or through Canada to be cleaned, inspected, tested, repaired, dismantled or unloaded. The destination would have to be specified in the OTMA. Currently, a temporary certificate is required for this activity in Canada even if an OTMA has been issued for it in the United States. This would apply in a situation where, after a train derailment in the United States, a damaged tank car needs to be moved to a facility in Canada for repair but would not be authorized for transport under either the TDGR or the 49 CFR since a damaged tank car that contains dangerous goods (i.e. has not been cleaned and purged) would be out of compliance. An OTMA would be required to transport the tank car within the United States to the Canadian border. That same OTMA could then be used to transport the tank car to its final destination in Canada for repair.