Recent regulatory consultations and upcoming regulatory amendments

To keep our stakeholders up to date regarding the Transportation of Dangerous Goods Regulations (TDGR), the Transportation of Dangerous Goods (TDG) Directorate has compiled a list of recent consultations and upcoming regulatory amendments along with details and relevant links.

Once the amendment is published in Canada Gazette, II, it will be removed from the table below.

Amendment

Purpose

Status

Part 17, Registration Database

Create an accurate and reliable inventory of regulated parties and sites where Dangerous Goods (DGs) are imported, offered for transport, handled or transported in
Canada.

Published in the Canada Gazette, Part I on June 25, 2022.

Publication in the Canada Gazette, Part II is anticipated late 2023.

Persons will have a twelve (12) month period to complete their initial registration in the database after the publication in Part II of the Canada Gazette.

Modernizing Regulations to Improve Safety and Efficiency

Note: The Pipeline and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT) has generously shared the following information within the Transportation of Dangerous Goods (TDG) Directorate.

On July 5, 2023, the Daily Journal of the United States Government published an Advance Notice of Proposed Rulemaking (ANPRM) entitled "Modernizing Regulations to Improve Safety and Efficiency". This ANPRM has identified over 40 topics for consideration in the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) Parts 171-180) and seeks stakeholder input on whether to propose a revision as part of a future rulemaking to improve transportation safety and efficiency.  In order to fully involve stakeholders, ANPRM is soliciting comments and contributions on issues related to 46 separate topics under consideration. All comments and information received will be used to evaluate and possibly draft proposed amendments.

Advance notice of proposed rulemaking (ANPRM)

The consultation period will end on October 3, 2023.

Part 6, Training

Clarify existing training requirements in the TDGR by adopting a Competency-Based Training and Assessment (CBTA) approach.

Training standard (CGSB-192.3) published in November 2020 and can be consulted online (Please note that it is not enforced yet. It will be once the Regulations amending the TDGR for Part 6 will come into force).

Published in the Canada Gazette, Part I on December 11, 2021.

Based on comments received and further analysis, a second prepublication in the Canada Gazette, Part I is anticipated late 2024.

A transitional period of (12) months will follow the publication in Part II of the Canada Gazette.

Fee Modernization: Means of Containment (MOC) Facilities Registration Program

Introduce new fees and service standards for the Transportation of Dangerous Goods (TDG) MOC Facilities Registration Program.

Published in Canada Gazette, Part I on March 25, 2023, with a 60-day consultation period ending on May 24, 2023.

Publication in the Canada Gazette, Part II is anticipated for early to mid 2024.

International Harmonization Update and Part 12, Air

Modernize outdated domestic requirements for the transport of Dangerous Goods (DGs)
by air, align the Transportation of Dangerous Goods Regulations (TDGR) with updates from the international codes.

Published in Canada Gazette, Part I on November 26, 2022 .

Publication in the Canada Gazette, Part II is anticipated for late mid-2024

Canadian Update

Update and clarify the TDGR to align with new industry practices and address comments received over the years.

Publication in the Canada Gazette, Part I is anticipated late 2023 with a 75-day comment period.

Remotely Piloted Aircraft (RPA)

Provide specific requirements for the transport of DGs by RPA, also known as drones, while minimizing safety risks.

Publication in the Canada Gazette, Part I is anticipated for late mid-2024 with a 60-day comment period.

Regulatory Sandbox: Electronic Shipping Documents

Assess the feasibility of electronic shipping documents in replacement of paper.

Project ended March 31, 2022: a notice was published in the Canada Gazette, Part I, in May 2022.

Equivalency certificate to use e-shipping documents still available.

Executive summary and full report are available.

Bill C-33, the Marine and Rail Transportation Modernization Act, in the House of Commons on November 17, 2022.

The legislation being put forward proposes a number of reforms to the Railway Safety Act, the Canada Marine Act, Canada Transportation Act, Marine Transportation Security Act, the Customs Act and the Transportation of Dangerous Goods Act, 1992.

First reading completed in the House of Commons in November 2022.

Second reading in progress.

 

Annual Regulatory Modernization Bill 4

The Annual Regulatory Modernization Bill is a recurring legislative mechanism coordinated by the Treasury Board Secretariat. It enables the Government of Canada to make common sense changes across many pieces of legislation at once to address overly complicated, inconsistent, or outdated requirements on businesses and Canadians.

Opening of consultation for contributions on March 27, 2023 for a 60-day consultation period ending on May 26, 2023.

Part 5 (Means of Containment)

Provide requirements for means of containment facility registrations and improve the existing requirements found in Part 5 as they have not been updated for many years.

Publication in the Canada Gazette, Part I, is anticipated for late 2024 with a 75-day comment period.

Part 3 (Documentation)

Modernize the requirements by allowing the use of electronic shipping documents for the transportation of dangerous goods by rail and by remotely piloted aircraft, and modify the format of the shipping document by eliminating unnecessary information.

Publication in the Canada Gazette, Part I, is anticipated in mid-2025 with a 75-day comment period.

Repeal of the Ammonium Nitrate Storage Facilities Regulations; the Anhydrous Ammonia Bulk Storage Regulations; the Chlorine Tank Car Unloading Facilities Regulations; and of the Handling of Carloads of Explosives on Railway Trackage Regulations

Provide clarity to stakeholders by removing ambiguity between these Regulations and more modern federal regulations. The repeals would also strengthen the current oversight regime by removing duplicative and redundant provisions.

Exempted from publication in the Canada Gazette, Part I.

Publication in the Canada Gazette, Part II, anticipated in mid-2025.