Transportation of dangerous goods initiatives planned for April 2021 – April 2023

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years. The full versions of each plan are published in the Canada Gazette. It also lists public consultations that might interest you and departmental contact information for each planned initiative. 

On this page

Planned initiative(s) for the Canada Gazette, Part I

Fee modernization proposal for the Transportation of Dangerous Goods means of containment facilities registration program

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 program makes sure that all means of containment used to transport dangerous goods are designed, built, certificated, repaired, and maintained.

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

Potential impacts on Canadians, including businesses

Transport Canada expects that introducing these fees will impact:

  • primary businesses that will pay the new fees;
  • secondary businesses who may see costs passed onto them; and
  • Canadian consumers who may see price increases due to secondary businesses passing costs on to customers.

Transport Canada expects to learn more about the possible impacts through our regulatory consultations.

Regulatory cooperation efforts (domestic and international)

There is currently no regulatory agreement under which this initiative may fall, as the initiative is internal to the department. There are no identified partners/parties outside of the department, either domestically or internationally responsible for this initiative.

Consultations

In the past Transport Canada hosted:

  • initial consultations from October 9, 2018 to November 7, 2018
  • an online information session on October 31, 2018

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2021 with a 60-day comment period.

More information on Transport Canada's fee modernization initiative

Departmental contact information

Madona Radi
Executive Director, Regulatory Frameworks and International Engagement
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-990-1159
Email: madona.radi@tc.gc.ca

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

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

Enabling act

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

Description

The proposed regulatory amendments to the Transportation of Dangerous Goods Regulations will:

  • update requirements related to means of containment
  • incorporate dynamically two new standards from the Canada General Standards Board (CGSB) on rail containers (CGSB-43.147 & CGSB-43.149)
  • align initiatives, like pressure receptacles, under the Regulatory Cooperation Council
  • make changes based on feedback from stakeholders

These changes are being made to:

  • introduce new and updated safety standards
  • incorporate updated requirements for means of containment used to transport of dangerous goods in Canada
  • incorporate dynamically more recent versions of international recommendations and regulations

Potential impacts on Canadians, including businesses

The Canadian public will benefit from this change since it will improve the safety of transporting dangerous goods. Businesses with cross-border shipments to the United States will also benefit from having consistent rules between the two countries.

Regulatory cooperation efforts (domestic and international)

By incorporating international recommendations, Transport Canada will address feedback from consultations with the Regulatory Cooperation Council and through the red tape initiative. This change will help Canada and the United States work together on related regulations and reduce the administrative burden on industry.

Consultations

An online consultation took place with stakeholders between December 9, 2016 and February 22, 2017.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022 with a 60-day comment period.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-218-9129
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 (Part 6, Training)

Enabling act

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

Description

The proposed regulatory amendments to the Transportation of Dangerous Goods Regulations will 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

Transport Canada does not expect any major impacts to Canadians, including businesses, as training is already a requirement under the current regulations.

Ensuring that employees are competent for their Transportation of dangerous goods tasks could help decrease safety risks associated with untrained persons handling, offering for transport, and transporting dangerous goods; this could reduce impacts to human life, the environment, and property.

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 should be included 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 United Nations Economic Commission for Europe 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, 2019 to October 24, 2019. A technical committee also reviewed the standard and agreed to a 30-day Committee ballot in March 2020.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2021 with a 30-day comment period.

More information on how we're changing the Transportation of Dangerous Goods Regulations (Part 6, Training)

Departmental contact information

Madona Radi
Executive Director, Regulatory Frameworks and International Engagement
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-990-1159
Email: madona.radi@tc.gc.ca

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

Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Updates and Part 12, Air)

Enabling act

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

Description

The proposed regulatory amendments to the Transportation of Dangerous Goods Regulations will harmonize with international regulations by incorporating changes from the latest edition of the United Nations Recommendations. The proposal includes aligning safety marks, classification information, shipping names, and special provisions.

The proposal would also update requirements for transporting dangerous goods by air to clarify and deal with specific needs related to transporting dangerous goods by air in Canada, including requirements for transporting dangerous goods to and from remote locations.

Potential impacts on Canadians, including businesses

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

This change will also reduce barriers to trade with the United States, which would promote economic growth and benefit consumers and businesses. It will also address issues identified by stakeholder associations in the Targeted Regulatory Review Sectoral Roadmaps.

Updating and simplifying Part 12 will make it easier for carriers and shippers to understand and follow the requirements. Public safety and the safety of aircraft operators will improve by updating the exemptions for explosives and adding exemptions for aerial fire suppression, emergency services, and peace officers.

Regulatory cooperation efforts (domestic and international)

These changes will fulfil commitments made by Canada and the United States under the Regulatory Cooperation Council. The proposal will 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 April and May 2019.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in late 2021 with a 60-day comment period.

Departmental contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-218-9129
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

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

Regulation Amending the Transportation of Dangerous Goods Regulations (Client Identification Database)

Enabling act

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

Description

Currently, Transport Canada does not have complete information on who their stakeholders are, what dangerous goods they transport within the Canadian transportation infrastructure system, and in what quantity. These gaps have been highlighted by the internal 2006 Transport Canada audit and the 2011 and 2020 audits from the Office of the Auditor General.

In response, Transport Canada will propose a registration regime whereby stakeholders will be asked to identify and provide information relative to dangerous goods being transported. This information will be collected in the Client Identification Database in order to fill the knowledge gap and strengthen Transport Canada’s transportation of dangerous goods oversight regime.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments to the Transportation of Dangerous Goods Regulations will formalize the client identification database registration and 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.

The client identification database will provide Transport Canada with a reliable and comprehensive inventory of transportation of dangerous goods stakeholders and sites where the handling, offering for transport, transporting, and importing of dangerous goods activities are taking place. This will enable Transport Canada to fulfill three expected outcomes:

  • Improve the quality and availability of data for the transportation of dangerous goods’s risk-based inspections regime;
  • Strengthen the transportation of dangerous goods’s risk-based oversight regime to support the safety and security requirements under Transportation of Dangerous Goods Act, 1992 / Transportation of Dangerous Goods Regulations ; and
  • Allow for more efficient and effective communication with stakeholders

Ultimately, the client identification database will help Transport Canada to keep pace with evolving and emerging safety risks.

Regulatory cooperation efforts (domestic and international)

There is currently no regulatory agreement under which this initiative may fall, as the initiative is internal to Transport Canada. There are no identified partners/parties outside of the department, either domestically or internationally responsible for this initiative.

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
  • A fourth round of consultation was done in two sessions with General Policy Advisory Council in January and June 2020.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, early 2022 with a 30-day comment period.

Contact information

Madona Radi
Executive Director, Regulatory Frameworks and International Engagement
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-990-1159
Email: madona.radi@tc.gc.ca

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

Initiative(s) planned for Canada Gazette, Part II

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 amendments to the Transportation of Dangerous Goods Regulations will correct a variety of errors:

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

Potential impacts on Canadians, including businesses

Transport Canada does not expect major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that this proposal will not affect regulatory cooperation efforts.

Consultations

These regulations are exempted from publication (do not need to be published) in the Canada Gazette, Part I. Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in mid-2022.

Contact information

Geneviève Sansoucy
Chief, Regulatory Development Division
Transportation of Dangerous Goods Directorate
Transport Canada
Telephone: 613-218-9129
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

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

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