Transportation of dangerous goods initiatives planned for April 2023 – April 2025

From: Transport Canada

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years.

On this page

Initiative(s) planned for Canada Gazette, Part I

Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

These proposed changes would address comments received over time from stakeholders as well as law enforcement and would aim to update and clarify several domestic provisions of the Transportation of Dangerous Goods Regulations. They would also propose to introduce recent updates to the international codes and other federal regulations.

Examples of the proposed changes include:

  • update requirements for the transportation of dangerous goods by rail for buffer cars;
  • update existing rules related to the transport of anhydrous ammonia in nurse tanks; and
  • align the regulations with the Packaging and Transport of Nuclear Substances Regulations, 2015 for the transportation of radioactive materials for medical purposes.

Potential impacts on Canadians, including businesses

These proposed changes would further improve public safety during transportation of dangerous goods and also eliminate the need for many equivalency certificates which are considered administrative burden for Canadian businesses.

Regulatory cooperation efforts (domestic and international)

This proposal would fulfil the commitment made between Canada and the United States under the Regulatory Cooperation Council by introducing new rules for the transportation of dangerous goods by rail. These changes would increase reciprocity with the United States for rail transportation. As a result, it will facilitate cross-border trade, promote economic growth and, thus, benefit both consumers and businesses.

Consultations

Transport Canada conducted online and email consultations between December 9, 2016, and February 22, 2017, and between December 21, 2021, and February 4, 2022, respectively. Comments form industry associations, governmental agencies including federal and provincial agencies, nongovernmental organizations, and first responders were received.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2023 with a 75-day comment period.

Departmental contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: October 2018

Regulations Amending the Transportation of Dangerous Goods Regulations (Remotely Piloted Aircraft)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed regulatory changes would provide specific requirements for the transport of dangerous goods by remotely piloted aircraft, also known as drones, while minimizing safety risks.

Potential impacts on Canadians, including businesses

The proposed changes are expected to be beneficial for the drone industry and distributors of dangerous goods by setting a clear regulatory framework allowing the transport of certain lower-risk dangerous goods, and by making it easier for Canadians to access these goods.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultation with stakeholders took place from late February through November 2021.

The proposed changes are expected to be published in the Canada Gazette, Part I, mid-2024 with a 60-day comment period.

Contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2022

Regulations Amending the Transportation of Dangerous Goods Regulations (Part 5) New!

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The Means of Containment registration scheme is being formalized through a legislative amendment. As a result, the proposed regulatory changes in Part 5 would provide requirements for means of containment facility registrations and define the conditions for suspension, revocation, and refusal of a registration. This amendment would improve the existing requirements found in Part 5 as they have not been updated for many years.

Potential impacts on Canadians, including businesses

The proposed changes are expected to be beneficial for stakeholders as it would give an easier access to registration requirements which are currently embedded in the safety standards and leverage Transport Canada's ability to suspend, revoke, and refuse a registration in order to promote public safety.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2024 with a 75-day comment period.

Contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2023

Regulations Amending the Transportation of Dangerous Goods Regulations (Part 3 - Documentation) New!

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed regulatory changes would respond to recommendations stemming from the Study on the use of electronic shipping documents for the transport of dangerous goods by allowing the use of electronic shipping documents for the transportation of dangerous goods by rail and by remotely piloted aircraft.

These changes would also modernize the requirements and modify the format of the shipping document by eliminating unnecessary information.

Potential impacts on Canadians, including businesses

The proposed changes are expected to be beneficial as simplified and modernized requirements, along with the permission to use electronic shipping documents instead of paper (for rail and remotely piloted aircraft) would provide greater flexibility and reduce administrative burden for industry.

Regulatory cooperation efforts (domestic and international)

Transport Canada would continue to work with the United Nations Sub-Committee of Experts on the Transportation of Dangerous Goods and the United States' Department of Transportation's Pipeline and Hazardous Materials Safety Administration to identify a harmonized solution for shipping documents and for regulating electronic shipping documents whenever possible.

Consultations

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2025 with a 75-day comment period.

Contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2023

Initiative(s) planned for Canada Gazette, Part II

Regulations Amending Certain Regulations Made Under the Transportation of Dangerous Goods Act, 1992 (Part 12 and International Harmonization Updates)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed regulatory changes would harmonize with international regulations by incorporating changes from the latest edition of the United Nations Recommendations. The proposal would include aligning safety marks, classification information, shipping names, and special provisions.

The changes would also update requirements for transporting dangerous goods by air to clarify them and deal with specific needs in Canada, including changes that would help get dangerous goods to and from remote locations.

Potential impacts on Canadians, including businesses

These changes would make it easier for Canadian consignors and carriers to operate internationally. There would be less administrative burden since these changes would eliminate the need for many equivalency certificates.

These changes would also reduce barriers to trade with the United States which would promote economic growth and benefit consumers and businesses. They would also address issues identified by stakeholder associations in the Targeted Regulatory Review Sectoral Roadmaps.

Updating and simplifying the air requirements would make it easier for carriers and shippers to understand and follow them. Public safety and the safety of aircraft operators would be improved by updating the exemptions for explosives and emergency services. As well as adding exemptions for aerial fire suppression, enforcement officers, and bear spray needed in remote areas.

Regulatory cooperation efforts (domestic and international)

These changes would fulfil commitments made by Canada and the United States under the Regulatory Cooperation Council. The proposal would help Canada's regulations align with regulations from the United States. This could promote economic growth and benefit consumers and businesses through better regulatory transparency and coordination between the countries.

Consultations

Transport Canada conducted email and online consultations in spring 2016 and spring-summer 2017. Four meetings or teleconferences were also held with stakeholders. Transport Canada received comments from industry associations, provincial governments, non-governmental organizations, businesses (like airlines), and the public. This feedback supported the proposal to update and clarify the air provisions, including changes to exemptions and defining “limited access”. The scope of “limited access” has been a topic of much discussion from stakeholders.

A 60-day online consultation with stakeholders took place in 2019 and more recently during summer 2020 which received unanimous support from stakeholders.

The proposed changes were published in the Canada Gazette, Part I on November 26, 2022 with a 75-day public comment period.

The proposed changes are expected to be published in the Canada Gazette, Part II, in mid-2024.

Departmental contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2016

Regulations Amending the Transportation of Dangerous Goods Regulations (Part 6, Training)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed regulatory changes would require that anyone who handles, offers for transport, or transports dangerous goods be deemed “competent” through training and assessment according to a competency-based training and assessment standard. This standard will be incorporated into the updated regulations and includes a general awareness component, as well as a function-specific component.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

The International Civil Aviation Organization is developing a competency-based training and assessment project for transporting dangerous goods by air. These were introduced in the 2021-2022 edition of the International Civil Aviation Organization's Technical Instructions.

The United States of America Code of Federal Regulations, Title 49, as well as the United Nations Model Regulations on the Transport of Dangerous goods, include general awareness training and function-specific training.

Consultations

Three phases of consultations took place from 2015 to 2017:

  • Phase 1: Internal consultations within Transport Canada and other federal government departments
  • Phase 2: Targeted stakeholder consultations with industry, training institutes, and provincial governments (fall 2015 to winter 2016)
  • Phase 3: Online public consultations based on a white paper that explained policy options:
    • Replacing the term “adequately trained” with a clear definition of what it means to be a “competent person”
    • Developing:
      • a competency framework to identify the skills needed for different jobs
      • standards and guidelines to help train institutions and employers
      • a basic level test on transporting dangerous goods

The Canadian General Standards Board developed a competency-based training and assessment standard from September 2017 to March 2020. This standard underwent a 60-day public review from August 26 to October 24, 2019. A technical committee also reviewed the standard and held a 30-day Committee ballot in March 2020. The CAN/CGSB -192.3 Transportation of dangerous goods training, assessment and competency standard was published in October 2020.

Transport Canada is developing guidance material and tools for stakeholders, according to the new standard, which would include examples of training material and assessment questions that stakeholders can use to revise their training programs if needed. This material would be freely available online for stakeholders when the proposed amendments are published in final in the Canada Gazette, Part II.

The proposed changes were published in the Canada Gazette, Part I on December 11, 2021 with a 60-day public comment period.

The proposed changes are expected to be published in the Canada Gazette, Part II, in mid-2023.

Departmental contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2017

Order Fixing Fees for Registrations Related to Dangerous Goods Means of Containment

Enabling acts

Service Fees Act (S.C. 2017, c. 20, s. 451)

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed regulatory changes would introduce fees that would be applicable to persons who design, manufacture, requalify, or repair a means of containment. Fees would also be applicable to service providers to review designs of means of containment, inspect means of containment and provide training to companies who conduct means of containment activities.

By implementing a modern fee regime that would require the beneficiaries of means of containment registration services to pay a portion of the costs for these services, Transport Canada would be promoting better balance between the financial burden borne by service recipients and by Canadians.

This regulatory initiative is part of Transport Canada’s Fee Modernization Initiative.

Potential impacts on Canadians, including businesses

The proposed changes would impact companies involved in the design, manufacture, and repair or requalification of dangerous goods means of containment.

The proposed changes would also alleviate some of the burden on Canadians since they would no longer finance the entire Means of Containment Registration program.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

In the past, Transport Canada hosted:

  • initial consultations from October 9 to November 7, 2018;
  • an online information session on October 31, 2018; and
  • follow-up consultations in May and June 2021.

The proposed changes were published in Canada Gazette, Part I, on March 25, 2023 with a 60-day public comment period.

The proposed changes are expected to be published in the Canada Gazette, Part II, in early 2024.

More information on Transport Canada's Fee Modernization initiative.

Departmental contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2018

Regulations Amending the Transportation of Dangerous Goods Regulations (Miscellaneous Amendment Regulations)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed regulatory changes will correct a variety of errors:

  • correct differences between the French and English text;
  • update references to external documents that have changed; and
  • correct typographical, grammatical, spelling, numbering and punctuation errors.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

These regulations are exempted from publication (do not need to be published) in the Canada Gazette, Part I.

The proposed changes are expected to be published in the Canada Gazette, Part II, in mid-2023.

Contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2019

Regulations Amending the Transportation of Dangerous Goods Regulations (Registration Database)

Enabling act

Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Description

The proposed changes would formalize the registration database registration and would have the effect of strengthening Transport Canada's dangerous goods oversight regime by providing more accurate information to the department, thereby supporting the development of a more accurate risk-based inspection regime.

Potential impacts on Canadians, including businesses

These changes would strengthen the TDG Program's oversight capabilities by allowing it to become more risk-based and responsive to evolving and emerging safety risks. In doing so, it would benefit all Canadians by improving and maintaining public safety.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Four phases of consultations took place from 2018 to 2020:

  • The first round of consultations with stakeholders took place between February and April 2018;
  • A second round of consultations with General Policy Advisory Council members was held in January 2019;
  • A third round of consultation was held one-on-one with interested industries between February and June 2020; and
  • A fourth round of consultation was done in two sessions with General Policy Advisory Council in January and June 2020.

Transport Canada pre-published the proposed changes in the Canada Gazette, Part I, on June 25, 2022, with a 70-day public comment period.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in mid-2023.

Contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2021

Regulations Repealing the Ammonium Nitrate Storage Facilities Regulations;
Regulations Repealing the Anhydrous Ammonia Bulk Storage Regulations; Regulations Repealing the Chlorine Tank Car Unloading Facilities Regulations; and Regulations Repealing the Handling of Carloads of Explosives on Railway Trackage Regulations New!

Enabling act

Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

Description

The proposed regulatory repeals to the regulations mentioned above would provide clarity to stakeholders by removing ambiguity between these Regulations and more modern federal regulations. The repeals would also strengthen the current oversight regime by removing duplicative and redundant provisions.

Potential impacts on Canadians, including businesses

The proposed repeals are expected to be beneficial for stakeholders as it would strengthen Transport Canada's dangerous goods oversight regime by removing outdated regulations, which may cause confusion.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

These Regulations are exempted from publication (do not need to be published) in the Canada Gazette, Part I.

The proposed changes are expected to be published in the Canada Gazette, Part II, in mid-2025.

Contact information

Lisa Tellier
A/Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2023

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