Federal – CPA working to clarify added requirements for mobile cylinder requalifications

Transport Canada’s interpretation and application of a TDG regulation requirement may cause a facility to unknowingly be out of compliance when conducting mobile cylinder requalifications.

The CPA was recently made aware that there has been an issue with the way TC is regulating members conducting mobile requalification of cylinders and tanks.

The issue arises in the application of 5.10(4)(b) of TDGR

“(b) the requalification to be performed by a facility that is registered in accordance with CSA B339 or approved in accordance with Subpart I of Part 107 of 49 CFR”

The current regulations only state “by a facility” but TC has interpreted the regulations as the requalification must be done at a facility with additional steps required for facilities to register as a mobile requalifier and provide proof of having the required equipment to conduct cylinder requalifications.

The added process is a minimal burden on the industry but the fact that it is not identified as a regulatory requirement could unknowingly place facilities out of compliance, despite the facility having referred to the regulation for conducting requalifications.

TC has clarified that they are interpreting the regulation as the requalification must be done “at a facility” plus their additional required process to conduct the requalification, but they have not acknowledged that a change is needed in the regulation to include their additional ‘required’ process. The CPA will continue to work with TC to ensure the requirements are removed, or that the regulation is updated to reflect TC’s current process requirements. For more information contact SVP Regulatory Affairs and Safety Robert Loenhart.