TRAN March 21, 2024, Briefing on Infrastructure in Canada

40. Ambassador Bridge and Transport of Dangerous Goods

Ambassador Bridge and Hazardous Materials 

Location: Windsor - Detroit Corridor International Border Crossing – Ambassador Bridge 

Issue/Source: Michigan Department of Transportation (MDOT) solicitation for input regarding proposed changes to the types of dangerous goods permitted to cross the Ambassador Bridge closed on December 23, 2023. 

Date: March 2024

Suggested Responses  

  • Transport Canada (TC) has a strong regulatory regime that promotes public safety and delivers a risk-based, consistent, and effective monitoring and enforcement program.  
  • In addition, TC has robust safety standards and regulations, providing oversight, and giving expert advice on dangerous goods accidents.   
  • Under the Transportation of Dangerous Goods Act, 1992, Transport Canada has engineered a regime that enables the safe handling and movement of dangerous goods across Canada. 
  • Transport Canada has rigorous safety regulations and standards and provides oversight and expert advice on incidents involving dangerous goods. Specifically, Transport Canada continues to conduct risk-based inspections, issue certifications, require emergency response assistance plans (ERAPs) and provide emergency response in accordance with the Transportation of Dangerous Goods Act, 1992. This regime enables the safe handling and movement of dangerous goods across Canada.

 If Pressed 

  • While the International Bridges and Tunnels Act establishes the regulatory framework for the government to exercise oversight of international bridges and tunnels, it does not regulate the movement of commercial vehicles over or in these structures, nor what they are allowed to transport.
  • The applicability of the Transportation of Dangerous Goods Act, 1992 regulates the movement of dangerous goods in Canada, however, does not include language specific to international bridges and tunnels. 
  • Transport Canada has a robust regulatory framework for the handling and transportation of dangerous goods. It leverages strong collaboration across federal, provincial, territorial, and municipal orders of government who also have related responsibilities relating to the movement of dangerous goods. This multijurisdictional approach is consistent with industry and international best practices.   
  • Transport Canada does not have authority over Michigan Department of Transportation’s decision to lift restrictions on certain dangerous goods being transported over the Ambassador Bridge as this falls outside the department’s jurisdiction and mandate.  
  • The Department will continue to monitor and appropriately respond to any changes by the United States to the restrictions on the transportation of dangerous goods across international bridges, including any changes to the restrictions on the Ambassador Bridge as a result of the public consultations. 

Background Information   

  • A media article published on November 16, 2023 reported that due to the closing of the Windsor-Detroit Truck Ferry on September 20, 2023, which moved dangerous goods between the United States and Canada, the owner of the Ambassador Bridge has requested the Michigan Department of Transportation remove the restrictions of Class 3 (flammable liquids) and Class 8 (corrosive substances) substances across this bridge in order to improve the flow of international commerce in the Detroit-Windsor Corridor.  
  • The Michigan Department of Transportation launched a public comments process on the proposed changes from November 15, 2023 to December 23, 2023. This process prompted local residents and various government bodies to submit comments about concerns raised over the proposed changes. Concerns were raised around jurisdictional authority and the regulatory safety regime for the movement of dangerous goods across bridges. 
  • Class 3 (flammable liquids) and Class 8 (corrosive substances) include dangerous goods such as batteries for electric vehicles, petroleum, automotive paints, battery fluid, hydrochloric acid for cleaning, and more.  These products are used in manufacturing as well as household items. 
  • The Detroit-Windsor Highway Ferry was the only option to transport all classes of dangerous goods in the region until it ceased operations on September 30, 2023. The ferry owner was unable to secure the necessary government funding to support his business. The closest alternative for transporting all categories of dangerous goods is now the Blue Water Bridge, which is more than an hour’s drive away. 
  • The removal of the prohibition of Class 3 (flammable liquids) and Class 8 (corrosive substances) dangerous goods has been proposed in the past by the owner of the Ambassador Bridge, most recently in December of 2020, which prompted Transport Canada to initiate an analysis of the potential risks to the Windsor-Detroit Corridor. Transport Canada concluded in 2022 that there is no increased risk to the Windsor-Detroit Corridor should these prohibitions be lifted. 
  • On March 20, 2024, the Michigan Department of Transportation will launch the second phase of the consultation process and host a virtual public hearing to address the proposed route changes. Transport Canada will continue to monitor the outcome and any proposed changes.