Protective Direction No. 38

I, Marc Garneau, Minister of Transport, am issuing this Protective Direction  under section 32 of The Transportation of Dangerous Goods Act, 1992 (Act) considering it necessary to deal with an emergency that involves a danger to public safety, do hereby direct that:

(1) A person must not import, offer for transport, handle or transport of any dangerous goods listed in subsection (2) and included in Packing Group I, II or III in a tank car unless the tank car

1. is a Class 105, 112, 114, 115, 120;
2. is any other class of tank car described in section 5.15.7 of the Transportation of Dangerous Goods Regulations;
3. is a TC 117R tank car;
4. is a TC 117 tank car: or
5. Is a TC 117P tank car.

(2) The dangerous good are

1. UN1267, PETROLEUM CRUDE OIL;
2. UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC; and
3. UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S. that is crude oil.

Interpretation

(3) The following definitions apply in this Protective Direction.

“crude oil” means

1. oil, other than refined petroleum products;
2. a blend of oils, other than refined petroleum products; or
3. a blend of oils, other than refined petroleum products, with refined petroleum products.

“oil” means

1. crude petroleum produced at a well-head in liquid form; and
2. any other hydrocarbons, except coal and gas, including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand, oil shale and other types of deposits on the surface or subsurface or the seabed or its subsoil.

“refined petroleum products” means

1. gasoline-type fuels for use in internal combustion engines;
2. oil for use as a component in the blending of gasoline-type fuels referred to in paragraph (a);
3. middle distillates, including the products commercially known as kerosene, solvents, stove oil, diesel fuel, furnace oil, diesel oil, gas oil, distillate heating oil, engine distillates and Nos. 1, 2, and 3 fuel oils; and
4. heavy fuels oils, including Nos. 4, 5 and 6 fuel oils, bunker “C” oil, “C” grade oil, residual fuel oil, heavy bunker oil, intermediate and thin bunker fuels and any blend of heavy fuel oils.

Terminology — Transportation of Dangerous Goods Regulations

(4) Unless the context requires otherwise, words and expressions used in this Protective Direction  have the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations.

This Protective Direction takes effect on November 1, 2016. It remains in effect until the earliest of the day it is cancelled in writing by the Minister of Transport, or March 31, 2020

SIGNED AT OTTAWA (ONTARIO), this 13^rd of July, 2016.

Marc Garneau
Minister of Transport