TC lines up reporting amendment

Transport Canada has proposed changes to Part 8 of the Transportation of Dangerous Goods (TDG) Regulations, which covers the reporting of incidents. The proposals are so far out for informal consultation and comments were due by May 12. Transport Canada will then draft formal proposals for publication in Part 1 of Canada Gazette. 

Some of the proposed changes are necessary to align the TDG Regulations with the TDG Act. The include the replacement of the definition of “accidental release” with one for “release”, and the replacement of the definition of “imminent accidental release” with one for “anticipated release”.

Apart from that, there is a complete re-write of Part 8. In 8.1, Transport Canada is proposing to replace the existing requirement for an immediate report based on the quantity of product released, with each UN class having its own reportable quantity. If the proposals are adopted, immediate reporting will be required in cases where the Emergency Response Assistance Plan (ERAP) is triggered, where there are road closures or evacuations, or where a person has been injured or died as a result of an incident involving dangerous goods. For incidents in air transport, the requirement will align with that in the International Civil Aviation Organisation’s (ICAO) Technical Instructions.

The Canadian Transport Emergency Centre (CANUTEC) will be the point of contact for immediate reporting of incidents, including those in road transport. Reports should include three additional pieces of information: the name and contact information of the person making the report; the mode(s) of transport involved; and the type of incident, e.g. collision, explosion, spill, etc.

The current “30-Day Follow-Up Report” will become the “Dangerous Goods Incident Report”. Section 8.4 will give more detail on what that report should include, and a template will be posted on the TDG Directorate’s website to help users.

Section 8.5 will offer exemptions from the Dangerous Goods Incident Report requirement, mainly for spills involving dangerous goods of Packing Group III, to avoid an unnecessary burden when incidents involve small quantities of low-hazard products.

One major addition proposed by Transport Canada is the extension of the reporting requirement to fulfil the 2009 revision to the TDG Act, which introduced security requirements for the handling, offering for transport, transport and importing of dangerous goods. Section 8.6 will now contain substantially the same reporting criteria and requirements that were included in Interim Order 001 in August 2009, effectively extending the requirement to cover dangerous goods that are lost, stolen or unlawfully interfered with. A report will also be needed if the dangerous goods are subsequently found or accounted for.

The full text of the proposed changes can be found at www.tc.gc.ca/eng/tdg/clear-modifications-amendmentpart8-1142.htm.