Adopted amendments to the Clear Language Regulations

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From: Transport Canada

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  • Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan)

    The Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) were published in Part II of the Canada Gazette on May 1, 2019. The amendment is accessible through the following URL:

    http://gazette.gc.ca/rp-pr/p2/2019/2019-05-01/html/sor-dors101-eng.html

    This amendment addresses the recommendations of the Emergency Response Task Force (ERTF) to improve the Emergency Response Assistance Plan (ERAP) program and enhance public safety in the event of an incident during the transportation of dangerous goods.

    It sets out new requirements that will come into force on June 1, 2019. Industries have a transition period of 9 months to comply with them (by March 1, 2020).

    We encourage you to read the Regulatory Impact Analysis Statement (RIAS) that precedes the regulatory text. It explains the updates in plain language, the rationale for the changes, and outlines the expected costs and benefits that may result from this amendment. The RIAS also includes information on the consultations held by Transport Canada on this amendment and explains how comments received have been addressed.

  • Regulations Amending the Transportation of Dangerous Goods Regulations

    The Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail) were published in Part II of the Canada Gazette on April 3, 2019 and will come into force on July 2, 2019. The amendment is accessible through the following URL:

    http://gazette.gc.ca/rp-pr/p2/2019/2019-04-03/html/sor-dors75-eng.html

    The Transportation of Dangerous Goods Regulations (TDGR) required updating to reflect the most current edition of the Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard (TP 14877) which was published in 2018. Prior to this amendment, the TDGR incorporated by reference the 2013 edition of the standard. This amendment is necessary for the 2018 edition of TP 14877 to be incorporated by reference in the TDGR.

    This amendment will:

    • require all tank cars used to transport toxic inhalation hazard (TIH) substances to be constructed of normalized steel. The interim TIH tank car standard will also be changed to the permanent TIH tank car standard.
    • enhance alignment between Canada and the U.S for One-Time Movement Approvals (OTMA).
    • align with best practices by permitting 304L and 316L stainless steel varieties as an acceptable material of construction for tank cars and accounting for mileage into the stub sill inspection requirements.
    • consolidate and clarify the regulatory requirements.

    You are encouraged to read the Regulatory Impact Analysis Statement (RIAS) that follows the regulatory text. The RIAS provides a plain language explanation of why the changes were needed and a description of the main changes that were made. It provides Transport Canada's rationale for making the changes and the expected costs and benefits that will result from the modified regulations. It also summarizes the consultations that Transport Canada has held on the issues and how the comments received have been addressed.

  • Regulations Amending the Transportation of Dangerous Goods Regulations (Marine Provisions)

    The Regulations Amending the Transportation of Dangerous Goods Regulations (Marine Provisions) were published in Part II of the Canada Gazette on December 13, 2017. The amendment is accessible through the following URL:

    http://gazette.gc.ca/rp-pr/p2/2017/2017-12-13/html/sor-dors253-eng.html

    The marine provisions in the Transportation of Dangerous Goods Regulations (TDG Regulations) were last updated over 15 years ago. With this amendment, Transport Canada has updated the marine provisions of the TDG Regulations, and the short-run ferry exemption in section 1.30 of the TDG Regulations.

    The TDG Regulations previously referred to terms and definitions that are no longer in the Canada Shipping Act, 2001 (CSA 2001) or in regulations made under the CSA 2001, such as the Cargo, Fumigation and Tackle Regulations (CFTR) and the Vessel Certificates Regulations (VCR). In particular, one difference between the TDG Regulations and the CFTR was the distance contained in the definition of “short-run ferry”. Since both regulations provided exemptions for short-run ferries, some regulatees were eligible for exemptions under the CFTR but not under the TDG Regulations. Stakeholders requested that the TDG Regulations be harmonized with the CSA 2001 and other Transport Canada regulations to minimize confusion with respect to requirements. This amendment has the following objectives:

    • Update the marine provisions in the TDG Regulations to reflect terminology and definitions used in the current version of the CSA 2001 and in regulations that are made under the authority of the CSA 2001 and replace the expression “home-trade voyage, Class I” with wording that reflects the intent of the term;
    • Update certain marine requirements to align with those in the CFTR and the 49 Code of Federal Regulations (CFR) and reduce duplication;
    • Eliminate discrepancies between the definitions of short-run ferry in the TDG Regulations and in the CFTR and amend the exemption for short-run ferries in the TDG Regulations to provide clarity and specify which provisions do not apply;
    • Allow the transport of gasoline and propane in highway tanks on passenger carrying ferries operating over the most direct water route between two points not more than 5 km apart under certain conditions;
    • Allow the transport of UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. in quantities up to 25 L on passenger carrying vessels; and
    • Correct several typographical and minor miscellaneous errors to improve the clarity of the TDGR.

    You are encouraged to read the Regulatory Impact Analysis Statement (RIAS) that follows the regulatory text. The RIAS provides a plain language explanation of why the changes were needed and a description of the main changes that were made. It provides Transport Canada’s rationale for making the changes and the expected costs and benefits that will result from the proposal. It also summarizes the consultations that Transport Canada has held on the issues and how the comments received have been addressed.

The Regulations Amending the Transportation of Dangerous Goods Regulations (Reporting Requirements and International Restrictions on Lithium Batteries) was published in Part II of the Canada Gazette on June 1, 2016. The amendment is accessible through the following URL:
http://www.gazette.gc.ca/rp-pr/p2/2016/2016-06-01/html/sor-dors95-eng.php

This amendment includes the following:

  • New definition of Release;
  • Amendments to reporting requirements to introduce circumstances under which a report is required;
  • Exceptions where the reporting obligation does not apply;
  • Introduction of an Emergency Report – Road, Rail or Marine;
  • New reporting requirements for a Release or Anticipated Release Report – Road, Rail or Marine (previously called an Immediate Report);
  • Introduction of a Release or Anticipated Release Report – Road, Rail or Marine;
  • New reporting requirements for a Dangerous Goods Accident or Incident Report – Air to harmonize with International Civil Aviation Organization (ICAO) reporting requirements;
  • Introduction of an Undeclared or Misdeclared Dangerous Goods Report by air to harmonize with ICAO reporting requirements;
  • Introduction of reporting of the loss or theft of dangerous goods;
  • Introduction of reporting of unlawful interference with dangerous goods;
  • A ban on the transport of lithium ion batteries as cargo on passenger aircraft and the introduction of additional requirements for the transport of lithium ion and lithium metal batteries for transport on cargo aircraft. These particular amendments will bring the requirements of Protective Direction 35 into the regulations and once the regulations come into force the Protective Direction will be repealed; and,
  • Minor corrections to the Transportation of Dangerous Goods Regulations.

  • To help stakeholders comply with these new requirements, Transport Canada is introducing a new voluntary reporting form template for the 30-day follow-up report. This form is available in Portable Document Format (PDF) and should be posted on TC forms database soon. Please consult the Guidebook for reporting dangerous goods incidents for assistance. To receive a copy of both documents please contact us.

    Once you have completed the reporting form it can be emailed to dor-rcd@tc.gc.ca or sent by mail to Transport Canada at:

    Transportation of Dangerous Goods Directorate
    Transport Canada
    Place de Ville, Tower C, 9th Floor
    330 Sparks Street
    Ottawa ON K1A 0N5
    Fax: 613-993-5925

  • Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)

    The Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016) were published in Part II of the Canada Gazette on July 12, 2017. The amendment is accessible through the following URL:

    http://www.gazette.gc.ca/rp-pr/p2/2017/2017-07-12/html/sor-dors137-eng.php

    Transport Canada updates the Transportation of Dangerous Goods Regulations (TDG Regulations) on a regular basis to harmonize them – to the greatest extent possible – with the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions (ICAO TIs), the International Maritime Dangerous Goods Code (IMDG Code), as well as to harmonize requirements with the United States (U.S.) under the Regulatory Cooperation Council (RCC) work plan. The amendment has the following objectives:

    • Harmonize with international regulatory requirements by incorporating changes introduced in the 19th edition of the UN Recommendations, the IMDG Code 2016 and the 2015-2016 ICAO TIs with respect to safety marks, classification information, shipping names, special provisions and marine pollutants;
    • Introduce dynamic incorporation by reference (also known as “ambulatory incorporation by reference”) of the UN Recommendations, the IMDG Code, the ICAO TIs and the Supplement to the ICAO TIs as well as the United Nations Manual of Tests and Criteria, and 14 technical standards that are incorporated in the TDG Regulations, allowing for the most recent versions of these documents to be used;
    • Reduce regulatory barriers on cross-border trade with the U.S. through reciprocity of regulatory requirements for pressure receptacles and approvals between Canada and the U.S. by aligning national standards and regulations;
    • Eliminate the need to obtain an equivalency certificate in order to transport hot air balloon cylinders of propane by road, rail or ship; and
    • To reflect the requirements in Protective Direction 38, which accelerated the phase-out of legacy DOT-111 tank cars.

    You are encouraged to read the Regulatory Impact Analysis Statement (RIAS) that follows the regulatory text. The RIAS provides a plain language explanation of why the changes were needed and a description of the main changes that were made. It provides Transport Canada’s rationale for making the changes and the expected costs and benefits that will result from the proposal. It also summarizes the consultations that Transport Canada has held on the issues and how the comments received have been addressed.

  • Regulations Amending the Transportation of Dangerous Goods Regulations (Reporting Requirements and International Restrictions on Lithium Batteries)

  • Transportation of Dangerous Goods Regulations (TC 117 Tank Cars) — Regulations Amending Transportation of Dangerous Goods Act, 1992 - SOR/2015-100

    Regulations Amending the Transportation of Dangerous Goods Regulations TC 117 Tank Cars) were published in the May 20, 2015 Canada Gazette Part II, Vol. 149, No. 10 as SOR/2015-100.

    This amendment adopts the following:

    • A new class of tank car for flammable liquid dangerous goods service and require rail tank cars destined for flammable liquid service (e.g., crude oil, ethanol, gasoline, diesel fuel, and aviation fuel) to be built to these specifications;
    • The retrofit requirements for older TC/DOT 111 tank cars and the Enhanced Class 111 Tank Car (TP 14877/CPC 1232); and
    • The Phase out or retrofit of older TC/DOT 111 tank cars, as well as prescribes retrofit requirements for the TP14877/CPC 1232 tank cars used to transport crude, ethanol and other flammable liquids.
    • The new standard requires thicker steel, full head shield protection, a jacket with thermal protection, top fitting protection, and new bottom outlet requirements.

    You will find this Amendment at the following Web address:
    http://www.gazette.gc.ca/rp-pr/p2/2015/2015-05-20/html/sor-dors100-eng.php

  • Following the recent publication of the amendment to the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs & Updates to Schedules), an erratum was published on January 28th to correct subsection 7.1 (6) under item 33(2) and can be viewed at the following URL:

    http://www.gazette.gc.ca/rp-pr/p2/2015/2015-01-28/html/erratum-eng.php

    For any questions on this amendment, please contact:

    Geneviève Sansoucy
    A/Chief, Regulatory Affairs Branch
    Transport Dangerous Goods
    Transport Canada
    Place de Ville, Tower, 330 Sparks Street, 9th Floor
    Ottawa, Ontario, Canada, K1A 0N5
    Tel: 613-990-5766 Fax: 613-993-5925
    Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

  • Regulations Amending the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs & Updates to Schedules) - SOR/2014-306

    Regulations Amending the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs & Updates to Schedules) were published in the December 31, 2014 Canada Gazette Part II, Vol. 148, No. 27 as SOR/2014-306.

    This amendment adopts the following:

    • An amendment to implement ICAO's prohibition of lithium metal batteries on passenger carrying aircraft.

    • The addition of Emergency Response Assistance Plan (ERAP) requirements for the nine flammable liquids identified in Protective Direction 33 (PD 33) (i.e., ethanol, diesel, gasoline, crude oil, petroleum distillates, aviation fuel, ethanol gasoline mixtures, and two other generic shipping names for flammable and hydrocarbon liquids) including UN1987 (ethanol) to Part 7, ERAP of the TDGR.

    • Updates to align with the 18th edition of the UN Recommendations (UN 18) on the transport of dangerous goods. Including:

      • New UN Numbers such as UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC and generic shipping names such as "organo metallic" compounds and "adsorbed gases";

      • Clarification of the difference between lithium "metal" and lithium "ion" batteries;

      • Relaxation for the transport of small quantities of dangerous goods under the Excepted Quantity Exemption

      • New classification criteria to facilitate the classification of aerosols;

      • Introduction of a special provision, already contained in UN Recommendations, pertaining to UN1203, GASOLINE, which will define the percentages of ethanol required to differentiate between the use of UN1203, GASOLINE and UN3475, ETHANOL AND GASOLINE MIXTURE (i.e., more than 10% ethanol content) for the classification of ethanol-gasoline mixtures.

      • Requirement for an Emergency Response Assistance Plan (ERAP) to transport petroleum products and ethanol.

    You will find this Amendment at the following Web address:
    http://www.gazette.gc.ca/rp-pr/p2/2014/2014-12-31/html/sor-dors306-eng.php

  • Following the recent publication of the amendment to the Transportation of Dangerous Goods Regulations (Update of Standards), an erratum was published on August 27th to correct Special Provision 91 of Schedule 2 under item 52 and can be viewed at the following URL:

    http://www.gazette.gc.ca/rp-pr/p2/2014/2014-08-27/html/erratum-errata-eng.php

    For any questions on this amendment, please contact:

    Geneviève Sansoucy
    A/Chief, Regulatory Affairs Branch
    Transport Dangerous Goods
    Transport Canada
    Place de Ville, Tower, 330 Sparks Street, 9th Floor
    Ottawa, Ontario, Canada, K1A 0N5
    Tel: 613-990-5766 Fax: 613-993-5925
    Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

  • Following the recent publication of the amendment to the Transportation of Dangerous Goods Regulations which amends Part 4, Dangerous Goods Safety Marks, published in the July 2nd, 2014 Canada Gazette Part II, Vol. 148, No. 14 as SOR/2014-159, an erratum was published on July 16th to correct the Marine Pollutant Mark illustrated under item 29 and can be viewed at the following URL:

  • http://www.gazette.gc.ca/rp-pr/p2/2014/2014-07-16/html/erratum-errata-eng.php

  • Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards) - SOR/2014-152

    Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards) were published in the July 2nd, 2014 Canada Gazette Part II, Vol. 148, No. 14 as SOR/2014-152.

    This amendment adopts a series of new safety standards:

    • CSA Standard B625-08 – Portable Tanks for the Transport of Dangerous Goods;
    • CSA Standard B626-09 – TC 44 Portable Tank Specification TC 44;
    • CSA Standards B341-09 – UN Pressure Receptacles and Multiple-Element Gas; Containers for the Transport of Dangerous Goods and CSA B342-09 – Selection and Use of UN Pressure Receptacles and Multiple-Element Gas Containers for the Transport of Dangerous Goods, Class 2;
    • Transport Canada Publication TP14850 – Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and 9; and
    • Transport Canada Publication TP14877 – Containers for the Transport of Dangerous Goods by Rail.

    and new editions of standards already in the TDG Regulations:

    • CSA 339-08 Cylinders, Spheres and Tubes for the Transportation of Dangerous Goods;
    • CSA B340-08 – Selection and Use of Cylinders, Spheres, Tubes and Other Containers for the Transportation of Dangerous Goods, Class 2;
    • CGSB 43.123-2010 – Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods;
    • CSA B620-09 – Highway Tanks and TC Portable Tanks for the Transportation of Dangerous Goods;
    • CSA B621-09 – Selection and Use of Highway Tanks, TC Portable Tanks, and Other Large Containers for the Transportation of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and 9; and
    • CSA B622-09 – Selection and Use of Highway Tanks, TC Portable Tanks, and Ton Containers for the Transportation of Dangerous Goods, Class 2.

    The amendment also introduces new provisions for consignor certification, proof of classification, and sampling methods.

    You will find this Amendment at the following Web address:
    http://www.gazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors152-eng.php

  • Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks) - SOR/2014-159

    Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks) were published in the July 2nd, 2014 Canada Gazette Part II, Vol. 148, No. 14 as SOR/2014-159.

    This amendment includes the following:

    • Harmonizing Part 4 of the TDG Regulations with international and U.S. regulations;
    • Replacing the existing placarding scheme to one that requires safety marks to be affixed at all times, though exemptions for some dangerous goods would be retained;
    • Adding a definition for "overpack";
    • Redefining the conditions under which a DANGER placard may be displayed on a large means of containment;
    • Adopting new markings for organic peroxides, marine pollutants and a new limited quantity mark;
    • Allowing the use of two labels or two placards on intermediate bulk containers of up to 3000 litres;
    • Requiring additional markings on means of containment used for the transportation of dangerous goods that are toxic by inhalation.

    You will find this Amendment at the following Web address:
    http://www.gazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors159-eng.php

  • Amendment 11 - SOR/2012-245

    Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 11) have been published in the November 9th 2012 Canada Gazette Part II, Vol. 146, No. 25 as SOR/2012-245. Amendment 11 includes the following :

    • A change in the definition of "person" and the addition of a definition for "organization" which aligns the TDG Regulations with the TDG Act, 1992;
    • A clarification of packaging requirements for outer packaging for aerosols in small quantities;
    • A more precise indication of filling limits for standardized and non-standardized means of containment;
    • The option of affixing dangerous goods safety marks required by IMDG Code for the transport to or from a ship, harbour or sea terminal;
    • Editorial changes.

    You will find this Amendment at the following Web address :

    http://www.gazette.gc.ca/rp-pr/p2/2012/2012-12-05/html/sor-dors245-eng.html

  • Amendment 8 - SOR/2011-239

    Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 8) have been published in the November 9th 2011 Canada Gazette Part II, Vol. 145, No. 23 as SOR/2011-239. Amendment 8 includes the following:

    • In subsection 1.15(1), a clarification of the conditions which must be met when a purchaser, a user or a retailer use the 150 kg exemption.
    • Section 7.1. deals with the requirements for an Emergency Response Assistance Plan (ERAP). This section has been re organized and some new provisions have been added to the regulatory text.
    • Editorial changes were made to Schedules 1, 2 and 3.

    You will find this Amendment at the following Web address: http://www.gazette.gc.ca/rp-pr/p2/2011/2011-11-09/html/sor-dors239-eng.html

  • Amendment 10 - SOR/2011-210

    Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 10) have been published in the October 12th 2011 Canada Gazette Part II, Vol. 145, No. 21 as SOR/2011-210.

    This amendment contains provisions for compensation for ERAP holders who are requested by the Minister to respond to an orphan release, where the shipper / producer / manufacturer / offerer of dangerous goods is not known.

    You will find this Amendment at the following Web address: http://www.gazette.gc.ca/rp-pr/p2/2011/2011-10-12/html/sor-dors210-eng.html

  • Amendment 9 - SOR/2011-60

    Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 9) have been published in the March 16th, 2011 Canada Gazette Part II, Vol. 145, No. 6 as SOR/2011-60.

    This amendment updates references to CGSB-43.126 (drums), CGSB-43.147 (rail), ICAO Technical Instructions (air transport), contains some consequential amendments to Part 5, and also includes a change to Special Provision 89 in Schedule 2.

    You will find this Amendment at the following Web address: http://www.gazette.gc.ca/rp-pr/p2/2011/2011-03-16/html/sor-dors60-eng.html

  • Amendment Number 6 - SOR/2008-34
    - Published in Part II of the Canada Gazette February 20, 2008
  • Amendment Number 7 - SOR/2007-179
    - Published in Part II of the Canada Gazette August 22, 2007
  • Amendment Number 5 - SOR/2005-279
    - Published in Part II of the Canada Gazette September 21, 2005
  • Amendment Number 4 - SOR/2005-216
    - Published in Part II of the Canada Gazette July 13, 2005.
  • Amendment Number 3 - SOR/2003-400
    - Published in Part II of the Canada Gazette December 17, 2003
  • Amendment Number 2 - SOR/2003-273
    - Published in Part II of the Canada Gazette August 13, 2003
  • Amendment Number 1 - SOR/2002-306
    - Published in Part II of the Canada Gazette August 28, 2002

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