Protective Direction No. 36

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. For the period beginning on the day on which this Protective Direction takes effect to March 16, 2018, a Canadian Class I Rail Carrier that transports dangerous goods must, by March 15 of each year, provide the designated Emergency Planning Official of each Jurisdiction through which the Canadian Class I Rail Carrier transports dangerous goods by railway car with a yearly report that includes:

   1. Aggregate information on the Nature and volume of Dangerous Goods that the Canadian Class I Rail Carrier transported by railway car through the Jurisdiction in the last calendar year, presented by quarter;

   2. The number of Unit Trains loaded with Dangerous Goods operated by the Canadian Class I Carrier through the Jurisdiction in the last calendar year, presented by quarter; and

   3. The percentage of railway cars operated by the Canadian Class I Rail Carrier through the Jurisdiction in the last calendar year that was loaded with Dangerous Goods.

2. For the period beginning on the day on which this Protective Direction takes effect to September 16, 2017, a Canadian Class I Rail Carrier that transports Dangerous Goods must, by September 15 of each year, provide the designated Emergency Planning Official of each Jurisdiction through which the Canadian Class I Rail Carrier transports dangerous goods by railway car with a report that includes:

   1. Aggregate information on the Nature and volume of Dangerous Goods that the Canadian Class I Rail Carrier transported by railway car through the Jurisdiction in the first two (2) quarters of the calendar year, presented by quarter;

   2. The number of Unit Trains loaded with Dangerous Goods operated by the Canadian Class I Carrier through the Jurisdiction in the first two (2) quarters of the calendar year, presented by quarter; and

   3. The percentage of railway cars operated by the Canadian Class I Rail Carrier through the Jurisdiction in the first two (2) quarters of the calendar year that was loaded with Dangerous Goods.

3. For the period beginning on August 1, 2018, a Canadian Class 1 Rail Carrier that transports Dangerous Goods must, within 30 days of the end of each quarter, provide the designated Emergency Planning Official of each Jurisdiction through which the Class I Rail Carrier transports Dangerous Goods by railway car with a report that includes:

   1. Aggregate information on the Nature and volume of Dangerous Goods that the Canadian Class I Rail Carrier transported by railway car through the Jurisdiction in the last quarter;

   2. The number of Unit Train loaded with Dangerous Goods operated by the Canadian Class I Carrier through the Jurisdiction in the last quarter; and

   3. The percentage of railway cars operated by the Canadian Class I Rail Carrier through the Jurisdiction in the last quarter that was loaded with Dangerous Goods.

4. For the purpose of Items 1 to 3, if a Canadian Class I Rail Carrier operates more than one (1) line of railway within a Jurisdiction, the Canadian Class I Rail Carrier must, at the request of the designated Emergency Planning Official, provide the information identified in those Items sorted by railway line operated within the Jurisdiction.

5. The information provided in Items 1 to 3 must be provided in the official language(s) chosen by the designated Emergency Planning Official and must, as applicable, be provided in a standardized electronic Excel format that includes, at the minimum, the following columns for each reporting obligation:

   1. Column one: STCC code;

   2. Column two: Proper shipping name;

   3. Column 3: UN number;

   4. Column 4: Class of Dangerous Good;

   5. Other Column(s): The total sum of the volume (by carloads), the total sum of Unit Trains or the percentage for each applicable reporting period.

6. A Canadian Class I Rail Carrier that transports Dangerous Goods by railway car in a province during any calendar year must, by March15 of the subsequent year, publish on its website in both official languages, a report that includes the following information:

   1. The percentage of railway car operated by the Canadian Class I Rail Carrier through the Province in the last calendar year that was loaded with Dangerous Goods;

   2. The breakdown of all Dangerous Goods transported by the Canadian Class I Rail Carrier through the province in the last calendar year, which must identify:

      1. the top ten (10) Dangerous Goods, sorted by volume, presented by proper shipping name;

      2. the percentage that each top ten (10) Dangerous Goods represent on the total Dangerous Goods transported in that province; and

      3. the percentage that all residual Dangerous Goods represent on the total Dangerous Goods transported in that province.

7. A Canadian Class I Rail Carrier that transported Dangerous Goods by railway car in a province in 2015 must, within 90 days after this Protective Direction takes effect, publish on its website in both official languages, a report for that calendar year that includes the information provided in Item 6 of this Protective Direction.

8. A Canadian Class I Rail Carrier that transports Dangerous Goods in a Jurisdiction during any calendar year must, by March15 of the subsequent year, provide the designated Emergency Planning Official of that Jurisdiction with a report, in the official language(s) chosen by the designated Emergency Planning Official, that includes information to be made public at the discretion of the designated Emergency Planning Official or other officials within a Jurisdiction. Such report must include the following information:

   1. The percentage of railway cars operated by the Canadian Class I Rail Carrier through the Jurisdiction in the last calendar year that was loaded with Dangerous Goods;

   2. The breakdown of all Dangerous Goods transported by the Canadian Class I Rail Carrier through the Jurisdiction in the last calendar year which must identify:

      1. the top ten (10) Dangerous Goods, sorted by volume presented by proper shipping name;

      2. the percentage that each top ten (10) Dangerous Goods represent on the total Dangerous Goods transported in the Jurisdiction; and

      3. the percentage that all residual Dangerous Goods represent on the total Dangerous Goods transported in the Jurisdiction.

9. A Canadian Class I Rail Carrier that transported Dangerous Goods by railway car through a Jurisdiction in 2015 must, within 90 days after this Protective Direction takes effect, provide the designated Emergency Planning Official of that Jurisdiction with a report for that calendar year, in the official language(s) chosen by the designated Emergency Planning Official, that includes the information provided in Item 8 to be made public at the discretion of the designated Emergency Planning Official or other officials within a Jurisdiction.

10. A Canadian Class I Rail Carrier that has not operated a Unit Train loaded with a specific class of Dangerous Good through a Jurisdiction in the last four completed quarters must, upon becoming aware that such Unit Train loaded with that specific class of Dangerous Good is either plan to be operated or will be operated through that Jurisdiction, inform the designated Emergency Planning Official of that Jurisdiction.

11. Any person who transports Dangerous Goods by railway car, who is not a Canadian Class I Rail Carrier, must provide the designated Emergency Planning Official of each Jurisdiction through which Dangerous Goods are transported by railway car with:

    1. A report, to be provided by March 15 of each year, that includes aggregate information on the Nature and volume of Dangerous Goods transported by railway car by the person through the Jurisdiction in the last calendar year; and

    2. Any significant change or anticipated significant change to the Nature and volume of Dangerous Goods transported by railway car by the person through the Jurisdiction as soon as the person becomes aware of that significant change or anticipated significant change.

12. Any person who transports Dangerous Goods by railway car, who is not a Canadian Class I Rail Carrier, that transports Dangerous Goods in a Jurisdiction during any calendar year must, by March15 of the subsequent year, provide the designated Emergency Planning Official of that Jurisdiction with a report, in the official language(s) chosen by the designated Emergency Planning Official, that includes information to be made public at the discretion of the designated Emergency Planning Official or other officials within a Jurisdiction. Such report must identify the top ten (10) Dangerous Goods, by volume transported by the person through the Jurisdiction in the last calendar year, presented by proper shipping name.

13. Any person who transports Dangerous Goods by railway car, who is not a Canadian Class I Rail Carrier, that transported Dangerous Goods through a Jurisdiction in 2015 must, within 90 days after this Protective Direction takes effect, provide the designated Emergency Planning Official of that Jurisdiction with a report for that calendar year, in the official language(s) chosen by the designated Emergency Planning Official, that includes the information provided in Item 12 to be made public at the discretion of the designated Emergency Planning Official or other officials within a Jurisdiction

14. A Canadian Class I Rail Carrier and a person that transports Dangerous Goods by railway car who is not a Canadian Class I Rail Carrier are not required to provide a designated Emergency Planning Official with the information prescribed in Items 1, 2, 3, 8, 9, 10,11, 12 or 13 of this Protective Direction if:

    1. The designated Emergency Planning Official is not listed on the list of the designated Emergency Planning Officials maintained by Transport Canada, through CANUTEC, that is provided to the Canadian Class I Rail Carrier or the person, for at least 60 days prior to the end of the period within which the information is to be provided; or

    2. The designated Emergency Planning Official or the Chief Administrative Officer of a municipality, by request made in writing to CANUTEC, informs CANUTEC that it no longer wants to be provided with the information.

15. A Canadian Class I Rail Carrier that transports Dangerous Goods by railway car and a person who Transports Dangerous goods by railway car who is not a Canadian Class I Rail Carrier are not required to provide a designated Emergency Planning Official with the information prescribed in Items 1, 2, 3, 10 or 11 of this Protective Direction if:

    1. The designated Emergency Planning Official has not undertaken or agreed to:

       1. use the information only for emergency planning or response;

       2. disclose the information only to those persons who need to know for the purposes referred to in (i). For greater certainty, the information can be disclosed to any emergency planner or emergency service provider within the Jurisdiction or to emergency planner or emergency service provider of another Jurisdiction if there is a joint emergency planning or response agreement in place with that other Jurisdiction; and

       3. keep the information confidential and ensure any person to whom the designated Emergency Planning Official has disclosed the information keeps it confidential, to the maximum extent permitted by law.

16. A Canadian Class I Rail Carrier who transports Dangerous Goods by railway car and a person who transports Dangerous Goods by railway car who is not a Canadian Class I Rail Carrier must provide in writing to Transport Canada, through CANUTEC, contact information including the name, title, address, e-mail address, fax number, telephone number and cell phone number, of the person(s) who will be liaising with a municipality's designated Emergency Planning Official, and must immediately notify CANUTEC in writing of any changes to the contact information.

17. A Canadian Class I Rail Carrier who transports Dangerous Goods by railway car and a person who transports Dangerous Goods by railway car who is not a Canadian Class I Rail Carrier must provide any information shared under the Protective Direction to Transport Canada, through CANUTEC.

18. A Chief Administrative Officer of a Jurisdiction may make a request to Transport Canada, through CANUTEC, that the name of its Emergency Planning Official be added to the list of the designated Emergency Planning Officials referred to in Item 14(a) by providing the following information: the name, title, organization, address, e-mail address, fax number, telephone number and cell phone number of the designated Emergency Planning Official as well as the official language(s) in which the designated Emergency Planning Official chooses to received information for the purpose of this Protective Direction. This contact information will be shared with any Canadian Class I Rail Carrier who transports Dangerous Goods and any person who transports Dangerous Goods by railway car who is not a Canadian Class I Rail Carrier.

19. A Canadian Class 1 Rail Carrier that transports Dangerous Goods must, on or before November 1, 2016, provide CANUTEC with an analysis and options on the manner in which, within 30 months of the day on which this Protective Direction takes effect, it could provide Jurisdiction with the maximum daily number of railway cars loaded with Dangerous Goods, for each Dangerous Goods, transported by the Canadian Class I Carrier through the Jurisdiction.

For the purposes of this Protective Direction, information to be provided to CANUTEC is to be provided to the following address:

Canadian Transport Emergency Centre (CANUTEC)
Place de Ville, Tower C
330 Sparks Street, 14^th Floor,
Ottawa, Ontario, K1A ON5
Attention:, Director of CANUTEC
Or by email to TC.ProtectiveDirection-OrdrePreventif.TC@tc.gc.ca

For the purpose of this Protective Direction,

• "Chief Administrative Officer" means the person holding the most senior staff position within a Jurisdiction whether that office bears that title or an equivalent one.

• "Class I Rail Carrier" means a Class I Rail Carrier as defined under the Transportation Information Regulations (SOR/96-334).

• "Dangerous Goods" means dangerous goods as defined in section 2 of the Act.

• "Emergency Planning Official" means the person who coordinates emergency response planning for a Jurisdiction, who may also be a First Responder for that community.

• "Jurisdiction" means a municipality and any other similar form of local government that have primary emergency planning responsibilities over a geographical area and includes Parks Canada.

• "Nature" means class, UN number and name of the Dangerous Good.

• "Unit Train" means a train that carries the same goods.

For the purpose of this Protective Direction, the Chief Administrative Officer of a Jurisdiction for which, prior to the day on which this Protective Direction take effect, had requested that its designated Emergency Planning official be added to the list of Emergency Planning Officials referred to in item 3(a) of Protective Direction No. 32 issued on November 20th, 2013 is deemed, as of the date on which such request was made, to have made a request under Item 18 of this Protective Direction.

This Protective Direction takes effect on April 28, 2016. It remains in effect until the earliest of the day it is cancelled in writing by the Minister of Transport, or the day on which a regulation respecting the subject matters of this Protective Direction is made under section 27 of the Act.

Protection Direction No. 32 is hereby cancelled.

SIGNED AT OTTAWA, ONTARIO, this 28 day of April, 2016.

Marc Garneau
Minister of Transport

Explanatory note

Under Items 6 to 9 of this Protective Direction, Canadian Class I Rail Carrier will be required to either publish information on its website or provide designated Emergency Planning Official information that could be disclosed publicly. The following illustrate, at a provincial level, the manner in which the information required to be provided by those items could be presented.

Only 11% of loaded shipments are regulated dangerous goods. The remaining 89% of loaded shipments are non-regulated products.

2015 Dangerous Goods Shipments in: Province A

These top 10 products comprise 79% of the dangerous goods shipments in the Province. The remaining 21% are many different products, each comprising less than 2% of the total.

	Proper Shipping Name	% of DG Shipments Locally
1	PETROLEUM CRUDE OIL	26%
2	FAK-HAZARDOUS MATERIALS	16%
3	LIQUEFIED PETROLEUM GAS	7%
4	AMMONIA, ANHYDROUS.	7%
5	ELEVATED TEMPERATURE LIQUID, N.O.S.	6%
6	HYDROCARBONS, LIQUID, N.O.S.	4%
7	ENVIRONMENTALLY HAZARDOUS SUBSTANCES, N.O.S.	3%
8	DIESEL FUEL.	3%
9	SULFUR, MOLTEN	2%
10	OCTANES	2%
11	Others	21%