Amendments to TDG Regulations – Reporting Requirements

On June 1, 2016, Regulations Amending the Transportation of Dangerous Goods Regulations (Reporting Requirements) were published in Part II of the Canada Gazette.

 

The main objectives of these Regulations are to:

• Require the reporting of releases and anticipated releases of dangerous goods to the appropriate local authorities to assist them in responding to incidents that endanger or could endanger public safety.
• Require new security provisions related to the reporting of dangerous goods that have been lost, stolen or unlawfully interfered with, and to require the reporting of undeclared or misdeclared dangerous goods transported by aircraft.
• Modify and clarify the reporting requirements to enable the efficient collection of data. Report data will be used to conduct risk analyses (e.g. on means of containment issues) and to help maintain public safety during the transportation of dangerous goods by all modes of transport.

This amendment includes the following:

• New definition of Release;
• Amendments to reporting requirements to introduce circumstances under which a report is required;
• Exceptions where the reporting obligation does not apply;
• Introduction of an Emergency Report – Road, Rail or Marine;
• New reporting requirements for a Release or Anticipated Release Report – Road, Rail or Marine (previously called an Immediate Report);
• Introduction of a Release or Anticipated Release Report – Road, Rail or Marine;
• New reporting requirements for a Dangerous Goods Accident or Incident Report – Air to harmonize with International Civil Aviation Organization (ICAO) reporting requirements;
• Introduction of an Undeclared or Misdeclared Dangerous Goods Report by air to harmonize with ICAO reporting requirements;
• Introduction of reporting of the loss or theft of dangerous goods;
• Introduction of reporting of unlawful interference with dangerous goods;
• A ban on the transport of lithium ion batteries as cargo on passenger aircraft and the introduction of additional requirements for the transport of lithium ion and lithium metal batteries for transport on cargo aircraft. These particular amendments will bring the requirements of Protective Direction 35 into the regulations and once the regulations come into force the Protective Direction will be repealed; and,
• Minor corrections to the Transportation of Dangerous Goods Regulations.

These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. A person may, for a period of six months that begins on the day on which these Regulations are published in the Canada Gazette, Part II, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day.