Regulations Amending the Transportation of Dangerous Goods Regulations (Formatting Changes): SOR/2020-23

Canada Gazette, Part II, Volume 154, Number 4

Registration

SOR/2020-23 February 4, 2020

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

P.C. 2020-27 February 3, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 ^{footnote a} of the Transportation of Dangerous Goods Act, 1992 ^{footnote b}, makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Formatting Changes).

Regulations Amending the Transportation of Dangerous Goods Regulations (Formatting Changes)

Amendments

Italicized Text

1 Subsection 1.3(1) of the Transportation of Dangerous Goods Regulations ^{footnote 1} is repealed.

2 Section 1.5.1 of the Regulations is amended by adding the following after subsection (2):

(3) The UN numbers set out in italics after a special provision of Schedule 2 indicate the dangerous goods in respect of which the special provision applies. They are for information only and are not part of the Regulations.

3 Parts 1 to 16 of the Regulations are amended by striking out all of the italicized annotations.

4 Appendix 3 to Part 2 of the Regulations is amended by adding the following after the heading “GUIDE TO CATEGORY A AND CATEGORY B ASSIGNMENT”:

For the “Category A” tables: * = requires an ERAP. For the “Category B” tables: @ = infectious substance that affects animals only.

5 (1) The legend of Schedule 1 to the Regulations is amended by striking out all of the italicized annotations.

(2) The portion in italics of UN numbers UN0282 and UN2660 of Schedule 1 to the French version of the Regulations in column 2 is struck out.

6 Schedule 2 to the Regulations is amended by striking out all of the italicized annotations with the exception of any UN numbers that are listed after a special provision.

7 The legend of Schedule 3 to the Regulations is amended by striking out all of the italicized annotations.

8 If any provision of Parts 1 to 16 of the Regulations or any provision of Schedule 2 to the Regulations refers to an Act, Regulation, Standard or other document, the provision is amended by rendering the title of the act, regulation, standard or other document in italics instead of placing the title within quotation marks.

Section Numbers and Titles

9 Parts 1 to 16 of the Regulations are amended, as applicable, by moving the section number of each section from the title of the section to the first line of the section or the first line of the first subsection of the section.

10 Parts 1 to 16 of the Regulations are amended by converting the title of each section into a heading.

11 Schedule 2 to the Regulations is amended, as applicable, by moving the number of each special provision from the line above the special provision to the first line of the first subsection of the special provision.

Tables of Contents

12 The Table of Contents of the Regulations is struck out.

13 Parts 1 to 16 of the Regulations are amended by striking out the Table of Contents of each Part.

Definitions and Interpretation

14 Section 1.3.1 of the Regulations is replaced by the following:

Definitions — safety standards and safety requirement documents

1.3.1 The following definitions apply in these Regulations.

• ASTM D 4359 means the ASTM D 4359-90, Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, July 1990, published by the American Society for Testing and Materials (ASTM). (ASTM D 4359)
• ASTM F 852 means the ASTM F 852-86, Standard Specification for Portable Gasoline Containers for Consumer Use, June 1986, published by the American Society for Testing and Materials (ASTM). (ASTM F 852)
• CGA P-20 means the CGA P-20—2009, Standard for Classification of Toxic Gas Mixtures, Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA). (CGA P-20)
• CGSB-32.301 means the National Standard of Canada CAN/CGSB-32.301-M87, Canola Meal, April 1987, published by the Canadian General Standards Board (CGSB). (CGSB-32.301)
• CGSB-43.123 means the National Standard of Canada CAN/CGSB-43.123, Aerosol containers and gas cartridges for transport of dangerous goods, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.123)
• CGSB-43.125 means the National Standard of Canada CAN/CGSB-43.125, Packaging of Category A and Category B infectious substances (Class 6.2) and clinical, (bio) medical or regulated medical waste, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.125)
• CGSB-43.126 means the National Standard of Canada CAN/CGSB-43.126, Reconditioning, remanufacturing and repair of drums for the transportation of dangerous goods, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.126)
• CGSB-43.146 means the National Standard of Canada CAN/CGSB-43.146, Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, classes 3, 4, 5, 6.1, 8 and 9, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.146)
• CGSB-43.151 means the National Standard of Canada CAN/CGSB-43.151, Packaging, handling, offering for transport and transport of Explosives (Class 1), published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.151)
• CSA B339 means the CSA Standard B339, Cylinders, spheres, and tubes for the transportation of dangerous goods, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B339)
• CSA B340 means the CSA Standard B340, Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B340)
• CSA B341 means the CSA Standard B341, UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B341)
• CSA B342 means the CSA Standard B342, Selection and use of UN pressure receptacles, multiple-element gas containers, and other pressure receptacles for the transport of dangerous goods, Class 2, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B342)
• CSA B620 means the CSA Standard B620, Highway tanks and TC portable tanks for the transportation of dangerous goods, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B620)
• CSA B621 means the CSA Standard B621, Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B621)
• CSA B622 means the CSA Standard B622, Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B622)
• CSA B625 means the CSA Standard B625, Portable tanks for the transport of dangerous goods, published by the Canadian Standards Association (CSA), as amended from time to time. (CSA B625)
• 49 CFR means Parts 171 to 180 of Title 49 of the Code of Federal Regulations of the United States, as amended from time to time. (49 CFR)
• ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization (ICAO), as amended from time to time. (Instructions techniques de l’OACI)
• IMDG Code means Volumes 1 and 2 of the International Maritime Dangerous Goods Code, published by the International Maritime Organization (IMO), as amended from time to time. (Code IMDG)
• ISO 2431 means the International Standard ISO 2431:1993(E), Paints and varnishes — Determination of the flow time by use of flow cups, Fourth Edition, February 15, 1993, published by the International Organization for Standardization (ISO). (ISO 2431)
• ISO 2592 means the International Standard ISO 2592:2000(E), Determination of flash and fire points — Cleveland open cup method, Second Edition, September 15, 2000, published by the International Organization for Standardization (ISO). (ISO 2592)
• ISO 10156 means the International Standard ISO 10156:1996(E), Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Second Edition, February 15, 1996, published by the International Organization for Standardization (ISO). (ISO 10156)
• ISO 10298 means the International Standard ISO 10298:1995(E), Determination of toxicity of a gas or gas mixture, First Edition, December 15, 1995, published by the International Organization for Standardization (ISO). (ISO 10298)
• Manual of Tests and Criteria means the Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, published by the United Nations (UN), as amended from time to time. (Manuel d’épreuves et de critères)
• MIL-D-23119G means the MIL-D-23119G, Military Specification: Drums, Fabric, Collapsible, Liquid Fuel, Cylindrical, 500-Gallon Capacity, July 15, 1992, published by the United States Department of Defense. (MIL-D-23119G)
• MIL-T-52983G means the MIL-T-52983G, Military Specification: Tanks, Fabric, Collapsible: 3,000, 10,000, 20,000 and 50,000 Gallon, Fuel, May 11, 1994, published by the United States Department of Defense. (MIL-T-52983G)
• OECD Guideline 404 means the OECD Guideline for the Testing of Chemicals No. 404, Acute Dermal Irritation/Corrosion, April 24, 2002, published by the Organization for Economic Co-operation and Development. (OECD) (Ligne directrice de l’OCDE 404)
• OECD Guideline 430 means the OECD Guideline for the Testing of Chemicals No. 430, In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test Method (TER), July 26, 2013, published by the Organization for Economic Co-operation and Development. (OECD) (Ligne directrice de l’OCDE 430)
• OECD Guideline 431 means the OECD Guideline for the Testing of Chemicals No. 431, In vitro skin corrosion: reconstructed human epidermis (RHE) test method, July 26, 2013, published by the Organization for Economic Co-operation and Development. (OECD) (Ligne directrice de l’OCDE 431)
• OECD Guideline 435 means the OECD Guideline for the Testing of Chemicals No. 435, In Vitro Membrane Barrier Test Method for Skin Corrosion, July 19, 2006, published by the Organization for Economic Co-operation and Development. (OECD) (Ligne directrice de l’OCDE 435)
• Supplement to the ICAO Technical Instructions means the Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization (ICAO), as amended from time to time. (Supplément aux Instructions techniques de l’OACI)
• TP 14850 means the Transport Canada Standard TP 14850 E, Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9, a Transport Canada Standard, 2^nd Edition, October 2010, published by the Department of Transport. (TP 14850)
• TP 14877 means the Transport Canada Standard TP 14877E, Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard, January 2018, published by the Department of Transport. (TP 14877)
• ULC Standard S504 means the National Standard of Canada CAN/ULC-S504-02, Standard for Dry Chemical Fire Extinguishers, Second Edition, August 14, 2002, as amended January 2007, August 2007 and April 2009, published by Underwriters’ Laboratories of Canada. (ULC-S504)
• ULC Standard S507 means the National Standard of Canada CAN/ULC-S507-05, Standard for Water Fire Extinguishers, Fourth Edition, February 28, 2005, as amended January 2007, published by Underwriters’ Laboratories of Canada. (ULC-S507)
• ULC Standard S512 means the National Standard of Canada CAN/ULC-S512-M87, Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers, April 1987, as amended March 1989, March 1990, April 1993, September 1996, September 1997 and April 1999, and reaffirmed February 2007, published by Underwriters’ Laboratories of Canada. (ULC-S512)
• ULC Standard S554 means the National Standard of Canada CAN/ULC-S554-05, Standard for Water Based Agent Fire Extinguishers, Second Edition, February 28, 2005, and reaffirmed 2010, published by Underwriters’ Laboratories of Canada. (ULC-S554)
• UN Recommendations means the Recommendations on the Transport of Dangerous Goods, published by the United Nations (UN), as amended from time to time. (Recommandations de l’ONU)

15 Section 1.4 of the Regulations is replaced by the following:

Definitions

1.4 The following definitions apply in these Regulations.

• Act means the Transportation of Dangerous Goods Act, 1992. (Loi)
• adsorbed gas means a gas that when packaged for transport is adsorbed onto a solid porous material resulting in an internal receptacle pressure of less than 101.3 kPa at 20°C and less than 300 kPa at 50°C. (gaz adsorbé)
• aerosol container means an article consisting of any non-refillable means of containment that contains a substance under pressure and that is fitted with a self-closing device that allows the contents to be ejected as
  • (a) solid or liquid particles in suspension in a gas;
  • (b) a foam, paste or powder; or
  • (c) a liquid or gas. (bombe aérosol)
• aircraft means any machine capable of deriving support in the atmosphere from reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine, and includes a rocket. (aéronef)
• biological product means a product that is derived from living organisms and that is used to prevent, treat or diagnose disease in humans or animals or for development, experiment or investigation purposes and includes finished or unfinished products, live vaccines or attenuated live vaccines. (produit biologique)
• CANUTEC means the Canadian Transport Emergency Centre of the Department of Transport. (CANUTEC)
• capacity means, for a means of containment used to contain
  • (a) a liquid or a gas, the maximum volume of water, normally expressed in litres, that the means of containment can hold at 15°C and at an absolute pressure of 101.325 kPa; and
  • (b) dangerous goods other than a liquid or a gas, the maximum volume, normally expressed in cubic metres, that the means of containment can hold. (capacité)
• cargo aircraft means an aircraft, other than a passenger carrying aircraft, that is carrying goods or property. (aéronef cargo)
• carrier means a person who, whether or not for hire or reward, has possession of dangerous goods while they are in transport. (transporteur)
• Category A means an infectious substance that is transported in a form such that, when it is released outside of its means of containment and there is physical contact with humans or animals, it is capable of causing permanent disability or life-threatening or fatal disease to humans or animals. (catégorie A)
• Category B means an infectious substance that does not meet the criteria for inclusion in Category A. (catégorie B)
• certification safety mark means a design, symbol, device, letter, word, number or abbreviation that is displayed on a means of containment or means of transport to indicate compliance with a safety standard. (indication de danger — conformité)
• class means, when the word “class” is followed by
  • (a) one digit, the class of dangerous goods listed in the schedule to the Act; and
  • (b) two digits separated by a point, the class of dangerous goods listed in the schedule to the Act and its division. (classe)
• classification means, for dangerous goods, as applicable, the shipping name, the primary class, the compatibility group, the subsidiary class, the UN number, the packing group, and the infectious substance category. (classification)
• compatibility group means one of the 13 groups of explosives described in Appendix 2 of Part 2 (Classification). (groupe de compatibilité)
• consignment means a quantity of dangerous goods transported at the same time in one or more means of containment from one consignor at one location to one consignee at another location. (envoi)
• consignor means a person in Canada who
  • (a) is named in a shipping document as the consignor;
  • (b) imports or who will import dangerous goods into Canada; or
  • (c) if paragraphs (a) and (b) do not apply, has possession of dangerous goods immediately before they are in transport. (expéditeur)
• consolidation bin means a bin that is used in a road vehicle
  • (a) to secure one or more small means of containment so that, under normal conditions of transport, they will not shift in a way that might compromise their integrity; and
  • (b) to allow small means of containment to be added or removed during transport. (conteneur de groupage)
• culture means the result of a process by which pathogens in a specimen are intentionally propagated. This definition does not include specimens taken from a human or animal patient and that are intended to be processed in a laboratory. (culture)
• cylinder means a small means of containment, other than an aerosol container, that is cylindrical or spherical in shape and that is capable of withstanding an internal absolute pressure of 275 kPa. (bouteille à gaz)
• dangerous goods safety mark means a label, placard, orange panel, sign, mark, letter, word, number or abbreviation that is used to identify dangerous goods and to show the nature of the danger posed by them. (indication de danger — marchandises dangereuses)
• Director General means the Director General of the Transport Dangerous Goods Directorate, Department of Transport. (directeur général)
• drum means a flat-ended or convex-ended cylindrical means of containment made of metal, fibreboard, plastic or other similar material, with a maximum capacity of 450 L, or for a drum made of plywood, a maximum capacity of 250 L. This definition includes means of containment of other shapes such as pail-shaped or round with a tapered neck, but does not include a wood barrel or jerrican (that is, a means of containment of rectangular or polygonal cross-section). (fût)
• dust means a mixture of solid particles and air in which 90% or more of the solid particles have a diameter less than or equal to 10 µm. (poussière)
• emergency means an immediate danger to public safety
  • (a) requiring the use of dangerous goods to avert or mitigate the danger; or
  • (b) arising directly or indirectly from dangerous goods. (urgence)
• employer means a person who
  • (a) employs one or more individuals; or
  • (b) provides the services of one or more individuals and from whom the individuals receive their remuneration. (employeur)
• ERAP means an emergency response assistance plan. (PIU)
• farmer means a person engaged in farming in Canada for commercial purposes. (agriculteur)
• farming means the production of field-grown crops, cultivated and uncultivated and horticultural crops, the raising of livestock, poultry and fur-bearing animals, the production of eggs, milk, honey, maple syrup, tobacco, fibre and fodder crops, but does not include aquaculture. (agriculture)
• fire point means the lowest temperature at which a substance will ignite and will continue to burn for at least 5 seconds. (point d’inflammation)
• flash point means the lowest temperature at which the application of an ignition source causes the vapours of a liquid to ignite near the surface of the liquid or within a test vessel. (point d’éclair)
• fuel cell means an electrochemical device that converts the chemical energy of a fuel to electrical energy, heat and reaction products. (pile à combustible)
• fuel cell cartridge means an article that stores fuel for discharge into a fuel cell through one or more valves that control the discharge of the fuel into the fuel cell. (cartouche pour pile à combustible)
• fuel cell engine means a device that is used to power equipment and that consists of a fuel cell and its fuel supply, whether integrated with or separate from the fuel cell, and includes all appurtenances necessary to fulfil its function. (moteur pile à combustible)
• gas means a substance that at 50°C has a vapour pressure greater than 300 kPa or that is completely gaseous at 20°C at an absolute pressure of 101.3 kPa and that is
  • (a) compressed (other than in solution) so that when it is packaged under pressure for transport it remains entirely gaseous at 20°C;
  • (b) liquefied so that when it is packaged for transport it is partially liquid at 20°C;
  • (c) refrigerated so that when it is packaged for transport it is made partially liquid because of its low temperature; or
  • (d) in solution so that when it is packaged for transport it is dissolved in a solvent. (gaz)
• gross mass means
  • (a) for a means of containment, the mass of the means of containment and all of its contents; or
  • (b) for a quantity of dangerous goods, the gross mass of all minimum required means of containment used to contain the dangerous goods. (masse brute)
• import means import into Canada, and includes transporting goods that originate from outside Canada and pass through Canada to a destination outside Canada, except when the goods are being transported on a vessel or aircraft not registered in Canada. (importer)
• infectious substance means a substance known or reasonably believed to contain viable micro-organisms such as bacteria, viruses, rickettsia, parasites, fungi and other agents such as prions that are known or reasonably believed to cause disease in humans or animals and that are listed in Appendix 3 to Part 2 (Classification) or that exhibit characteristics similar to a substance listed in Appendix 3. (matière infectieuse)
• inland voyage has the same meaning as in subsection 100(1) of the Cargo, Fumigation and Tackle Regulations. (voyage en eaux internes)
• in standard means that a means of containment meets the requirements set out in section 5.2 of Part 5 (Means of Containment). (en règle)
• in transport means that a person has possession of dangerous goods for the purposes of transportation or for the purposes of storing them in the course of transportation. (en transport)
• large means of containment means a means of containment with a capacity greater than 450 L. (grand contenant)
• LC₅₀ means the lowest concentration of gas, vapour, mist or dust that, when administered by continuous inhalation to both male and female young adult albino rats for one hour, results in the death within 14 days of one half of the animals. (CL₅₀)
• LD₅₀ (dermal) means the lowest amount of a substance that, when administered by continuous contact with the bare skin of both male and female young adult albino rabbits for 24 hours, results in the death within 14 days of one half of the animals. (DL₅₀ (absorption cutanée))
• LD₅₀ (oral) means the lowest amount of a substance that, when administered by mouth to both male and female young adult albino rats, results in the death within 14 days of one half of the animals. (DL₅₀ (ingestion))
• liquid means a substance that
  • (a) has a melting point less than or equal to 20°C at an absolute pressure of 101.3 kPa; or
  • (b) is a viscous substance for which a specific melting point cannot be determined but that is determined to be a liquid in accordance with ASTM D 4359. (liquide)
• lithium content means the mass of lithium in the anode of a lithium metal or lithium alloy cell. (quantité de lithium)
• mist means a mixture of liquid particles and air in which 90% or more of the liquid particles have a diameter not greater than 10 µm. (brouillard)
• net explosives quantity means the net mass of explosives, excluding the mass of any means of containment. (quantité nette d’explosifs)
• neutron radiation detector means a device that detects neutron radiation and includes a device in which a gas may be contained in a hermetically sealed electron tube transducer that converts neutron radiation into a measureable electric signal. (détecteur de rayonnement neutronique)
• offer for transport means, for dangerous goods not in transport, to select or allow the selection of a carrier to transport the dangerous goods, to prepare or allow the preparation of the dangerous goods so that a carrier can take possession of them for transport or to allow a carrier to take possession of the dangerous goods for transport. (demande de transport)
• overpack means an enclosure that is used by a single consignor to consolidate one or more small means of containment for ease of handling but that is not a minimum required means of containment. This definition does not include a large means of containment or a unit load device, as defined in the ICAO Technical Instructions, that is intended for transport by aircraft. (suremballage)
• packing group means a group in which dangerous goods are included based on the inherent danger of the dangerous goods; Packing Group I indicates great danger, Packing Group II indicates medium danger and Packing Group III indicates minor danger. (groupe d’emballage)
• passenger means
  • (a) for a vessel, a passenger within the meaning of section 2 of the Canada Shipping Act, 2001; and
  • (b) for a road vehicle, a railway vehicle or an aircraft, a person carried on board the means of transport but does not include
    • (i) a crew member,
    • (ii) a person who is accompanying dangerous goods or other cargo,
    • (iii) an operator, owner or charterer of the means of transport,
    • (iv) an employee of the operator, owner or charterer of the means of transport, who is acting in the course of employment, or
    • (v) a person carrying out inspection or investigation duties under an Act of Parliament or of a provincial legislature. (passager)
• passenger carrying aircraft means an aircraft that is carrying one or more passengers. (aéronef de passagers)
• passenger carrying railway vehicle means a railway vehicle that is carrying one or more passengers. (véhicule ferroviaire de passagers)
• passenger carrying road vehicle means a road vehicle that is carrying one or more passengers. (véhicule routier de passagers)
• passenger carrying vessel means a vessel that is carrying one or more passengers. (bâtiment à passagers)
• permit for equivalent level of safety means an authorization issued under section 31 of the Act to conduct an activity in compliance with the conditions of that authorization instead of with the requirements of these Regulations. (permis de niveau de sécurité équivalent)
• primary class means the first class shown in column 3 of Schedule 1. (classe primaire)
• protective direction means a direction issued under section 32 of the Act to cease an activity or to conduct other activities to reduce any danger to public safety. (ordre)
• radiation detection system means an apparatus that contains a radiation detector as a component. (système de détection des rayonnements)
• railway vehicle means any vehicle that is designed to be drawn or propelled on rails by any power other than muscle power and that is being prepared for use or being used on rails. (véhicule ferroviaire)
• residue means the dangerous goods remaining in a means of containment after its contents have been emptied to the maximum extent feasible and before the means of containment is either refilled or cleaned of dangerous goods and purged to remove any vapours. (résidu)
• road vehicle means any vehicle that is designed to be drawn or propelled on land, including on ice roads, by any power other than muscle power and includes a machine designed to derive support in the atmosphere from reactions against the earth’s surface of air expelled from the machine, but does not include a railway vehicle that operates exclusively on rails. (véhicule routier)
• ro-ro ship has the same meaning as in section 1.2.1 of the IMDG Code. (navire roulier)
• safety mark includes a design, symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of these things, that is to be displayed
  • (a) on dangerous goods, on means of containment or transport used in handling, offering for transport or transporting dangerous goods, or at facilities used in those activities; and
  • (b) to show the nature of the danger or to indicate compliance with the safety standards prescribed for the means of containment or transport or the facilities. (indication de danger)
• shipping document means a document that relates to dangerous goods that are being handled, offered for transport or transported and that contains the information required by Part 3 (Documentation) relating to the goods but does not include an electronic record. (document d’expédition)
• shipping name means an entry in upper case letters (capitals) in column 2 of Schedule 1, but does not include any lower case descriptive text except for the purpose of determining the classification of dangerous goods. (appellation réglementaire)
• small means of containment means a means of containment with a capacity less than or equal to 450 L. (petit contenant)
• solid means a substance that is not a liquid or a gas. (solide)
• special provision means an item of Schedule 2 referred to in column 5 of Schedule 1. (disposition particulière)
• standardized means of containment means a means of containment in relation to which a safety standard has been prescribed. (contenant normalisé)
• subsidiary class means a class shown in parentheses in column 3 of Schedule 1. (classe subsidiaire)
• substance includes an article. (matière)
• technical name means the chemical name or another name currently used in a scientific or technical handbook, journal or text but does not include a trade name. (appellation technique)
• train means
  • (a) a train, as defined in the Canadian Rail Operating Rules, published by The Railway Association of Canada and approved by the Minister under the Railway Safety Act on January 16, 1990, as amended to July 1, 2000; or
  • (b) a number of railway vehicles coupled together moving at a velocity exceeding 24 km/h (15 mph) with at least one railway vehicle providing propulsion and at least one railway vehicle containing dangerous goods for which a placard is required to be displayed in accordance with Part 4 (Dangerous Goods Safety Marks). (train)
• transport index has the same meaning as determined under the Packaging and Transport of Nuclear Substances Regulations. (indice de transport)
• tube means a large means of containment that is cylindrical in shape and that is capable of withstanding an internal absolute pressure of 12.4 MPa. (tube)
• Type P620 means of containment means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type P620 packaging or, if it is manufactured outside Canada, is in compliance with the requirements of Chapter 6.3 and Packing Instruction P620 of the UN Recommendations and the national regulations of the country of manufacture. (contenant de type P620)
• Type P650 means of containment means a means of containment that is in compliance with the requirements of CGSB-43.125 for Type P650 packaging or, if it is manufactured outside Canada, is in compliance with the requirements of Packing Instruction P650 of the UN Recommendations and the national regulations of the country of manufacture. (contenant de type P650)
• UN number means an entry in column 1 of Schedule 1. (numéro UN)
• UN standardized means of containment means a means of containment that meets the requirements set out in section 5.6 of Part 5 (Means of Containment). (contenant normalisé UN)
• vapour means the dispersion in air of imperceptible particles of a substance that is liquid or solid in its normal state. (vapeur)
• watt-hour or Wh the electrical energy developed by a power of 1 watt (W) during 1 hour (h) and expressed as watt-hour (Wh). (wattheure ou Wh)

Coming into Force

16 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The current format of the Transportation of Dangerous Goods Regulations (TDGR) text was developed using “clear language.” The original purpose of the clear language initiative was to reduce the complexity of the legal language and simplify the structure of the regulatory text, primarily to facilitate compliance with the TDGR. As such, since 2002, the TDGR have been accompanied by certain clear language features such as tables of content and italicized explanatory text, which do not form a legal part of the Regulations.

This format, however, is inconsistent with the established Department of Justice (JUS) drafting standards for federal legislation and, as a result, the TDGR cannot be included on the Justice Laws Website of the Department of Justice which provides public access to the law. This situation is uncommon among federal acts and regulations and creates confusion among stakeholders when the TDGR are not located alongside other Government of Canada’s regulations. The TDGR are the only regulations from the Transport Canada (TC) that are not found on the Justice Laws Website.

An unofficial consolidated version of the TDGR is available on TC’s website. However, it cannot be used for evidentiary purposes, as it is not included in the consolidated regulations published by the Minister of Justice. In addition, because the TDGR are not updated and consolidated by JUS, the unofficial version on TC’s website must be kept up to date by TC staff each time a new amendment is published, which poses the risk of introducing errors into text that is referenced by stakeholders.

A regulatory amendment is therefore necessary to modify the TDGR format to meet JUS formatting standards. This will allow an official consolidated version of the TDGR to be published on the Justice Laws Website.

Objective

The objective of the Regulations Amending the Transportation of Dangerous Goods Regulations (Formatting Changes) is to revise the TDGR format to be consistent with JUS formatting standards and ensure that an official consolidated version of the TDGR is easily accessible to all Canadians on the Justice Laws Website.

Description and rationale

The amendments make housekeeping changes to the legal text of the TDGR that will allow them to be posted alongside other Canadian federal acts and regulations on the Justice Laws Website. The following is a list of clear language features that have been modified:

• The table of contents preceding the TDGR and each of its 16 parts have been removed. Instead, there is a table of provisions at the beginning of the Regulations, which serves as a table of contents.
• The italicized explanatory text throughout the Regulations has been removed with the exception of the list of UN numbers following the special provisions in Schedule 2 of the Regulations.
• Terms that are defined in the Transportation of Dangerous Goods Act, 1992 (TDG Act) have been removed from the list of definitions in the TDGR.
• The title of any act, regulation, standard, or other document referenced in the TDGR is written in italics instead of being placed within quotation marks.
• The table of safety standards and safety requirements is no longer in a table format but rather presented as a list of standards and requirements.
• While the provision numbers and content remain the same, the number of each provision is now found at the beginning of the first line of the section (or subsection), instead of before the section title. Section titles are now headings.

The amendments will align the TDGR format with that of other Canadian federal acts and regulations. Doing so will allow for an official consolidated version of the TDGR to be posted on the Justice Laws Website alongside all other official federal acts and regulations. There, it will be easily accessible to stakeholders, other government departments and the Canadian public.

JUS will now be responsible for consolidating and posting regulatory amendments on their website. JUS already has the tools and capacity to undertake this, which will remove the burden from TC who does not have such a capacity. This will reduce the likelihood of introducing errors when publishing amendments to the Regulations and allow the government to save time and costs.

Consultation

TC informed industry stakeholders of this initiative at the Transportation of Dangerous Goods (TDG) General Policy Advisory Council ^{footnote 2} meeting in spring 2016. Federal, provincial, and territorial stakeholders were informed during a Federal-Provincial-Territorial Task Force ^{footnote 3} meeting in fall 2017. Updates were subsequently provided to both groups of stakeholders twice a year at following meetings.

Some stakeholders expressed concern regarding the removal of the italicized text from the TDGR, as they have come to rely on it for further explanation of the regulatory text. However, guidance materials with information mirroring the italic text currently found in the TDGR will continue to be available on TC’s website.

Some stakeholders also indicated their support for revising the TDGR format, allowing it to be available on the Justice Laws Website.

Implementation, compliance and enforcement, and service standards

Given that the amendments primarily affect the format of the TDGR, it is not anticipated that compliance promotion and enforcement activities will be necessary. To ease the transition, a copy of the current “clear language” version, as it is immediately prior to this amendment coming into force, will be kept on Transport Canada’s website. This version will have no legal standing and will be available for reference only. A notice will also be posted alongside the “clear language” version that will advise that it is not up to date and that will refer users to the Justice Laws Website for access to the current TDGR.

Regulatees will be notified of the changes using a communication network that is already well established. This will include posting notices and other guidance material to relevant pages on TC’s website, providing an update in the TDG Newsletter, ^{footnote 4} and notifying the TDG General Advisory Council and the Multi-Association Committee on TDG. ^{footnote 5}

One-for-one rule and small business lens

The amendments will not result in any incremental administrative burden costs for businesses. Therefore, the one-for-one rule does not apply.

The amendments will not result in any incremental costs for small businesses. Therefore, the small business lens does not apply.

Contact

Transportation of Dangerous Goods Directorate
Department of Transport
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613‑993‑8685
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca