A Protective Direction is an emergency instrument for the Minister to direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety when it cannot be effectively dealt with under any other provision of the Transportation of Dangerous Goods Act, 1992 (TDG Act).
Protective directions are issued under the authority of section 32 of the Transportation of Dangerous Goods Act, 1992 and are regulated under Part 13 of the Transportation of Dangerous Goods Regulations. A protective direction:
- Takes effect on the date the Minister or a designated person signs it, or at a date set out in the protective direction; and
- Remains in effect until the day at which it is cancelled in writing, or expires on the expiry date set out in it.
Protective Direction 39
The legislative provisions to which Protective Direction 39 refers can be consulted by accessing the links below:
- TDG Regulations (SOR/2017-253) prior to the adoption of the Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail) (SOR/2019-75)
- Reference to the previous 2013 edition of Containers for transport of dangerous goods by Rail, a Transport Canada Standard - TP14877 standard.
This Protective Direction accelerates the removal of the CPC 1232 (TP14877) unjacketed tank cars from crude oil service in Canada from the current April 1, 2020 regulatory requirement to November 1, 2018.
It also accelerates the removal of all TC/DOT 111 and CPC 1232 (TP14877) unjacketed tank cars from condensate service in Canada from the current April 30, 2025 regulatory requirement to January 1, 2019.
| Commodity | Tank car type removed from service | Last day to use tank cars specified in column 2 in service for commodity in Column 1 | |
|---|---|---|---|
| Before coming into force of Protective Direction 39 |
After coming into force of Protective Direction 39 |
||
|
Crude oil |
DOT-111 Non-jacketed |
October 31, 2016 |
Tank cars already removed from service |
|
DOT-111 Jacketed |
October 31, 2016 |
Tank cars already removed from service |
|
|
CPC-1232 Non-jacketed |
March 31, 2020 |
October 31, 2018 |
|
|
Condensates |
DOT-111 Non-jacketed |
April 30, 2025 | December 31, 2018 |
|
DOT-111 Jacketed |
April 30, 2025 | December 31, 2018 | |
|
CPC-1232 Non-jacketed |
April 30, 2025 | December 31, 2018 | |
Protective Direction 38
Protective Direction 38, dated 13 July 2016, was issued to further accelerate the phase-out of both jacketed and unjacketed legacy DOT-111 tank cars from being used for crude oil service in Canada as of November 1, 2016.
Cancellation of Protective direction No. 38
I, Marc Garneau, Minister of Transport, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 38– ORDRE No. 38, issued pursuant to Section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 13 July 2016.
This Protective Direction was issued to further accelerate the phase-out of both jacketed and unjacketed legacy DOT-111 tank cars from being used for crude oil service in Canada as of November 1, 2016. The requirements under this Protective Direction are no longer required as the Transportation of Dangerous Goods Regulations have been updated with the Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail) published in the Canada Gazette, Part II on April 3, 2019.
Signed at Ottawa, Ontario this 3rd of July, 2019.
The Honourable Marc Garneau, P.C., M.P.
Minister of Transport
Protective Direction 37
The Minister of Transport had issued Protective Direction no. 37, effective June 6, 2016, which required top-fitting protection in retrofitted TC/DOT-111 tank cars in Canada. As top-fitting protection can reduce the risk of a dangerous goods spill in the event of a tank car derailment, Protective Direction 37 enhanced the safety of the transport of flammable liquids including crude oil and ethanol in Canada. It also aligned Canadian requirements with those for retrofitted TC/DOT-111 tank cars in the US.
A regulatory amendment was published in the Canada Gazette, Part II, Volume 153, Number 7 addressing the requirement for top fittings protection on retrofitted TC/DOT-111 tank cars.
Protective Direction 36
The Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 36, effective April 28, 2016 to replace the existing PD 32.
This Protective Direction enhances PD 32 in three main areas:
-
Increased data requirements, including specific maximum volume of dangerous goods transported, frequency, and data reporting requirements;
-
Confidentiality agreements adding more flexibility to enable better sharing amongst emergency planners within municipalities; and
-
Public information; requiring rail carriers to share information that could be disclosed publicly.
This PD provides jurisdictions with appropriate dangerous goods information needed to conduct their risk assessments, emergency planning activities, and identify training requirements for First Responders by adding new requirements to the ones covered in PD 32.
Protection Direction 32 is hereby cancelled.
Protective Direction 35
Over the last few years, the transport of lithium batteries as cargo on aircraft has been identified by the international community as an increasing safety risk in light of a number of incidents and "near incidents" that have occurred. The main safety concern is that once lithium batteries start to burn, fire suppression systems on board aircraft cannot extinguish them. The International Civil Aviation Organization (ICAO) recently implemented a ban on the transport of lithium ion batteries as cargo on passenger aircraft, as well as new safety measures on the transportation of lithium batteries by air.
The Minister of Transport issued Protective Direction No. 35, effective April 1, 2016 to bring into force in Canada the ICAO's amendments to the 2015‑2016 Edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air. These amendments are contained in Addendum No. 3 and No. 4 to the Technical Instructions and Addendum to the Supplement to the Technical Instructions.
This Protective Direction:
- Prohibits the transport of lithium-ion batteries as cargo on passenger aircraft and incorporates additional requirements to mitigate the risks posed by lithium batteries as cargo on cargo aircraft. The prohibition applies to :
- Lithium batteries packed on their own and not to lithium batteries packed with or contained in equipment;
- Lithium batteries transported as cargo and not to lithium batteries carried by passengers and crew; and
- Lithium batteries packed on their own and sent by mail.
- Provides additional requirements to mitigate risks posed by lithium batteries transported as cargo aircraft. These additional requirements include:
- Transporting all lithium-ion batteries at a state of charge not exceeding 30% of their rated capacity; and
- Limiting the number of packages of lithium-ion or lithium-metal that can be shipped.
- Provides a transition period for the dangerous goods in transport by air at the time this Protective Direction takes effect, given that the dangerous goods arrive at their final destination within seven days from the day this Protective Direction takes effect.
Note: For more information on lithium batteries, please visit the Transportation of Dangerous Goods awareness material page.
Protective Direction 34
The Acting Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 34 on April 23, 2014.
This Protective Direction directs every tank car owner as defined in CGSB 43.147-2005 to:
- Identify each of its cars that meets certain criteria listed in the PD;
- Ensure that these identified tank cars are marked with " Do not load with dangerous goods in Canada/ Ne pas charger de marchandises dangereuses au Canada";
- Not to offer for transport, transport, handle or import dangerous goods in a tank car that meets the description in 1) or as been marked in accordance with 2);
- Provide the reporting marks of each car marked in 2) within 30 days of the PD effective date to Transport Canada.
Protective Direction 31
The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 31 on October 7, 2013.
This protective direction directs consignors and importers of crude oil to immediately test the classification of crude oil, to provide those test results to Transport Canada upon request through the Canadian Transport Emergency Centre (CANUTEC), and to ship all such crude oil as a Class 3 Flammable Liquid Packing Group (PG) I.
Cancellation of Protective direction No. 31
I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 31– ORDRE PRÉVENTIF No. 31, issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 17 October 2013.
This PD directed any person engaged in importing or offering crude oil for transport to immediately test the classification of crude oil being imported, handled, offered for transport or transported as UN 1267, or UN 1993, to provide those test results to Transport Canada upon request, to provide Safety Data Sheet (SDS) through the Canadian Transport Emergency Centre (CANUTEC), and to ship all such crude oil as a Class 3 Flammable Liquid Packing Group (PG) I.
Signed at Ottawa, Ontario this 31st of October, 2016.
Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses
cc. Benoit Turcotte, Director, Regulatory Affairs
Protective Direction 30
The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 30 on January 4, 2008.
This protective direction directs all persons listed in annex A not to transport emulsion or water gel explosives unless they are in prescribed highway tanks.
Cancellation of Protective direction No. 30
I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke Protective Direction No. 30 – ORDRE PRÉVENTIF No. 30, issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 4 January 2008.
This PD directed any person listed in Appendix A not to offer for transport or handle (i.e., load or unload, pack or unpack) emulsion or water gel explosives (UN0332) in a highway tank trailer except under certain conditions.
Signed at Ottawa, Ontario this 31st of October, 2016.
Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses
cc. Benoit Turcotte, Director, Regulatory Affairs
Protective Direction 29 (Revision no. 1)
The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 29 on December 21, 2007.
This protective direction directs all persons listed in annex A not to transport emulsion or water gel explosives unless they are in prescribed highway tanks.
Cancellation of Protective direction No. 29
I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 29 (Revision No. 1) – ORDRE PRÉVENTIF No. 29, (Révision no 1) issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 21 December 2007.
This Protective Direction directed any person listed in Appendix A not to offer for transport or handle (i.e., load or unload, pack or unpack) emulsion or water gel explosives (UN0332) in a highway tank trailer except under certain conditions.
Signed at Ottawa, Ontario this 31st of October, 2016.
Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses
cc. Benoit Turcotte, Director, Regulatory Affairs
Protective Direction 27
The Director General of the Transportation of Dangerous Goods Directorate, being a person designated by the Minister of Transport, in accordance with the Transportation of Dangerous Goods Act, 1992, issued Protective Direction (PD) 27 on February 1, 2000.
This protective direction directs rail carriers not to pick up or accept on interchange any loaded tank cars bearing any of the following reporting marks and car numbers: SFTX 21401 to 21418 and SAZX 21419 to 21600 inclusively unless deficiencies have been repaired with procedures approved by the director General of TDG and has been inspected and tested under specific conditions.
Cancellation of Protective direction No. 27
I, Nicole Girard, Director General of Transportation of Dangerous Goods, being satisfied that it is no longer needed, do hereby revoke PROTECTIVE DIRECTION No. 27 – ORDRE PRÉVENTIF No. 27, issued pursuant to section 32 of the Transportation of Dangerous Goods Act, 1992 and dated 1 February 2000. This Protective Direction directed any person listed in Appendix A not to pick up at origin or accept on interchange any load tank cars bearing the numbers contained in the Protective Direction.
Signed at Ottawa, Ontario this 31st of October, 2016.
Nicole Girard
Director General, Transportation of Dangerous Goods /
Directrice générale, Transport des marchandises dangereuses
cc. Benoit Turcotte, Director, Regulatory Affairs