Protective Direction No. 34

I, Nicole Girard, Acting Director General of the Transport Dangerous Goods Directorate, being a person designated by the Minister of Transport to issue Protective Directions under section 32 of the Transportation of Dangerous Goods Act, 1992 (Act) and considering it necessary to deal with an emergency that involves a danger to public safety, do hereby direct that

1. Every tank car owner, as defined in CGSB 43.147-2005 (as amended July 2008), must immediately identify each of its tank cars that meet the following criteria:
   1. The tank car is of stub sill design and of a CTC 111, DOT 111 or AAR 211 specification;
   2. The tank car shell is made of non-normalized ASTM A515 Grade 70 steel plates;
   3. The bottom shell of the tank car does not have exterior heater coils; and
   4. The bottom shell of the tank car is not continuously reinforced between the end of one of the stub sill’s reinforcing plate (stub sill cradle pad) to the end of the other stub sill’s reinforcing plate by reinforcing steel bars, steel plate or other structural shapes or by other structural elements such as a bottom discontinuity protection device.
2. A tank car owner must ensure that every tank car it identifies in 1) is marked with the words “Do not load with dangerous goods in Canada/Ne pas charger de marchandises dangereuses au Canada” or similar words to that effect.
3. No person shall offer for transport, transport, handle or import dangerous goods in a rail tank car that meets the description in 1) or has been marked in accordance with 2).
4. Despite 3), any dangerous goods in a tank car identified in 1) in transport on the day before this Protective Direction takes effect must arrive at their final destination within 30 days of the day this Protective Direction takes effect, where they must immediately be unloaded and the tank car must be marked in accordance with 2).
5. A tank car owner must provide the reporting mark of each car marked in 2) within 30 days of the day this Protective Direction takes effect, to:
   
   Clive M. Law
   Director of Compliance and Response
   Transport Dangerous Goods
   Transport Canada
   Place de Ville, Tower C
   330 Sparks Street,
   Ottawa, Ontario, K1A 0N5
   
   clive.law@tc.gc.ca

This Protective Direction takes effect immediately upon signing. It remains in effect until the earlier of:

• the day it is cancelled in writing by the Director General of the Transport Dangerous Goods Directorate, Transport Canada, or
• the day on which a regulation respecting the above subject matter is made under section 27 of the Act

SIGNED AT OTTAWA, ONTARIO, this 23^rd day of April 2014.

Nicole Girard
Acting Director General, Transport Dangerous Goods Directorate