Transport Canada proposes changes to the Dangerous Goods Regulations
According to Transport Canada, the agency is soliciting public comments on Amendment Z to the Transportation of Dangerous Goods Regulations, Dangerous Goods Safety Marks.
The proposed changes were described in great detail on Transport Canada’s website. The following is the agency’s explanation of Amendment Z:
Amendment 1 – Section 1.39
Subsection (1) of the proposed amendment to the text before paragraph (a) of section 1.39 corrects an error in Amendment 6 by adding Part 4 to the text as one of the Parts that do not apply. Currently, with Part 4 not excluded in the preamble, the Class 6.2 label as well as the Category B mark are required to be displayed. Section 4.22.1 of Part 4 does apply and that section (see Amendment 12) requires the display of the Category B mark rather than the Class 6.2 label.
The changes in subsections (2) and (3) of the proposed amendment are editorial. The underlined text in subparagraph 1.39(b)(ii) and paragraph 1.39(c) returns the French text to the pre-Amendment 6 text and the use of "à côté de" rather than "adjacent à". This change aligns the text with other similar text in Part 4 and in other parts of the Regulations.
Amendment 2 – Table of Contents to Part 4
Subsection (1) of this amendment proposes changing the title of section 4.9 in the table of contents to Part 4 (see amendment 4).
Subsection (2) of this amendment proposes adding three new sections to the table of contents to Part 4 (see amendments 7 and 8).
Amendment 3 – Section 4.2
This amendment proposes removing the reference to the TDG Act and changes the reference in the text from "safety marks" to "dangerous goods safety marks" to align with the title of the section and to clarify which safety marks the section addresses. The reference to the Act was a problem for enforcement in the Provinces and Territories since these authorities adopt the Regulations (but not the TDG Act) through their own legislation so the reference to the federal Act makes this section unavailable to them.
Amendment 4 – Section 4.9
Section 4.9 was changed in Amendment 6 and the general consensus of industry and enforcement personnel is that the change did not clarify the requirement of the section. Stakeholders question the need for a change to this section and point out that the changes result in a lack of clear direction as to when a dangerous goods safety mark must be covered or removed. These stakeholders continue to request that section 4.9 be returned to the text before Amendment 6. This amendment proposes to do that with some changes that are editorial in nature or intended to clarify the requirements. The underlined text in the proposed amendment is new text. The new text is intended to allow, for example, a Danger placard to remain displayed until the requirements in subsection 4.9 have been complied with; the same intent applies to primary and subsidiary class placards.
Amendment 5 – Subsection 4.11(1)
The proposed change to subsection 4.11(1) in this amendment is editorial. The proposal returns the French text to the pre-Amendment 6 text and the use of "à côté de" rather than "adjacent à" which re-aligns this text with other similar text in Part 4 and other parts of the Regulations.
Amendment 6 – Section 4.15
This amendment proposes deleting the current section 4.15 and replacing it with a revised section. Section 4.15, especially following the changes that were made to it in Amendment 6, has caused a great deal of confusion for industry and enforcement personnel in that the Amendment 6 changes, particularly the addition of subsection 4.15(2), led to different interpretations. In addition, this lack of harmonization in application and approach included different views on when a Danger placard could be displayed.
The Directorate and the Federal/Provincial/Territorial Task Force have tried to deal with this situation through interpretations and policy statements but there is still a difference in approach and application of section 4.15. The display of the Danger placard remains controversial with some key players questioning the safety of continuing to allow the display of a Danger placard and the application of the concept of misleading placards for consignments with a gross mass less than 500 kg.
The proposed revisions to section 4.15 are underlined.
Subsection 4.15(1)
The underlined text in subsection 4.15(1), before paragraph (a), is an editorial change. The text in Amendment 6 refers to "A placard and a UN number …" but a UN number is not required in all cases. Consequently, the proposal is that the beginning of the sentence reads "A placard or a placard and a UN number …".
The underlined text in paragraph 4.15.(1)(f) is new text and is intended to re-instate the concept of the text that existed before Amendment 6. Subsection 4.15(2), introduced in Amendment 6 and which has caused considerable confusion, is deleted. Paragraph 4.15(1)(f) is intended to clarify that when dangerous goods are in a large means of containment and a placard or a placard and UN number are required to be displayed on it but are not visible because the large means of containment is inside another large means of containment, then the outer large means of containment must have the placard or the placard and UN number displayed on it.
Table to subsection 4.15(1)
This table has been re-organized so that Items 1 and 2 deal with dangerous goods that do not require an ERAP and Items 3, 4 and 5 deal with dangerous goods that do require an ERAP. The re-organization is intended to clarify requirements and provide a logical flow to the information.
In column 3 of Item 1, paragraph (b) that allowed the display of a UN number for dangerous goods that are in a quantity greater than 4 000 kg and that are offered for transport by more than one consignor is proposed to be deleted. The purpose of the paragraph when it was added to the Regulations in clear language was to harmonize with the US but it really does not do that. Section 172.301(a)(3) in 49 CFR is very specific as to when a UN number is required, not just allowed.
In column 2 of item 2, the underlined words are editorial and represent combining what were two separate paragraphs in Amendment 6.
In column 2 of item 4, the underlined words in paragraph(b) are not new but represent combining what were two separate paragraphs in Amendment 6.
Paragraph (b) in column 2 of item 2 and paragraph (c) in column 2 of item 4 contain underlined words to signal that the reference to the Danger placard has been deleted from these items. A new section, 4.16.1, is proposed (see amendment 8) to clearly state the circumstances under which a Danger placard may be displayed.
Under each item number italicized has been added to further clarify the application of each item. Italicized text has been added at the end of the table as a reminder that subsidiary class placarding requirements, options for the Danger placard and dangerous goods with a gross mass less than or equal to 500 kg are in other sections.
Subsection 4.15(2)
The current subsection 4.15(2), as it was published in Amendment 6, is deleted and is replaced by the addition of paragraph (f) to subsection 4.15(1).
The text of 4.15(2) in this proposal is the current 4.15(3) re-numbered to (2). The underlined text is new and is proposed for consistency with other text.
Subsection 4.15(3) – new text
Note that the current subsection 4.15(4), regarding subsidiary class placards, has been placed in a new section, 4.15.1 (see Amendment 7).
The addition of this new subsection (3) to section 4.15 is intended to clarify that when a large means of containment is transported on a flat bed truck or railway vehicle and the dangerous goods safety marks on that large means of containment are visible, the flatbed does not have to be placarded.
Amendment 7 – Section 4.15.1
This amendment proposes adding a new subsection, 4.15.1, regarding subsidiary class placards and is intended to ensure that the requirements for subsidiary class placarding are clear and readily identifiable. There is no change to the existing text.
Amendment 8 – Section 4.16.1, Danger Placard, and section 4.16.2, 500 kg
Danger Placard
This amendment proposes adding a new section, 4.16.1, to clearly state when a Danger may be displayed and replaces the reference to the Danger placard in the table to subsection 4.15(1). It is harmonized with the requirements in 49 CFR.
The Danger placard has traditionally been permitted to be displayed for a mixed load of some (not all) dangerous goods that are in packages. Clear language did not articulate the restrictions on the display of the Danger placard that existed before 2001 and that has resulted in the Danger placard being displayed for a number of dangerous goods and in a number of situations that should not have had the display of the Danger placard. The purpose of dangerous goods safety marks is to allow , as far as possible, immediate identification of the class of dangerous goods in the event of an accident or incident. If the UN number is also required to be displayed emergency responders base their immediate response on that number. The Danger placard does not provide the information that class placards and UN numbers provide. Consequently, the use of a Danger placard must be restricted to certain dangerous goods. In addition, the current regulations governing the display of the Danger placard are not clear and, as a result, have been interpreted differently in different jurisdictions across the country.
Note that section 4.18 allows a mixed load of gases to be identified by the Danger placard with the most dangerous of the gases in the mixed load identified by the appropriate class placard. In section 4.18, Class 2.3, Toxic Gases, are not permitted to be identified by a Danger placard so there is no intent in this new section to negate the placarding scheme in section 4.18 for a mixed load of gases or to create a conflict with section 4.18.
500 kg Exemption
This amendment proposes adding a new section, 4.16.2, which is intended to clarify placarding requirements for a gross mass of dangerous goods that is less than or equal to 500 kg.
There has always been a question about whether or not a placard displayed for dangerous goods that have a gross mass less than 500 kg is misleading. The current section 4.15, particularly paragraph (1)(d), does not clarify the issue and interpretations have had to be issued. This proposed section indicates that a placard is not required to be displayed but may be displayed for dangerous goods that have a gross mass less than or equal to 500 kg.
Amendment 9 – Subsection 4.18(5)
The proposed amendment to subsection 4.18(5) is editorial. In subsection (1) of the amendment, the underlined text in the preamble before paragraph (a) is intended to clarify the link with section 4.15. The date for displaying the Class 2.3 placard or the anhydrous ammonia placard is currently August 31, 2008 so that date has been removed from paragraph (a) and the requirement for the display of a UN number is added which simply aligns the text with the requirements in section 4.15. The current reference to the anhydrous ammonia placard has been moved to paragraph (b), and the French equivalent of the required wording on a large means of containment has been added. It was suggested that the text in paragraph (b) should refer to a "tank" instead of "large means of containment" but stakeholders found this confusing and suggested that a definition of "tank" is required if the word is used.
Amendment 10 – Paragraph 4.19(2)(b)
In the current text of 4.19(2)(b) there is a discrepancy between the English and French versions and neither version is as clear as they should be. The underlined text in the proposed amendment is intended to add clarity to the text and is essentially editorial.
Amendment 11 – Section 4.21
The current text of this section is not aligned with the UN, the IMDG Code and 49 CFR. It requires the display of the fumigation sign if the fumigant is the only dangerous goods in transport in the large means of containment. The words "… and the fumigant is the only dangerous goods in transport in the large means of containment …" are deleted. Clearly, if the fumigant is dangerous goods the fumigation sign must be displayed whether or not other dangerous goods are in transport in the large means of containment.
Amendment 12 – Section 4.22.1
The underlined text proposed in this amendment is intended to clarify that only the Category B mark is required to be displayed for infectious substances included in Category B, UN3373. In section 1.39 in Amendment 6, compliance with Part 4 was inadvertently required (see amendment 1) which meant that the label for infectious substances had to be displayed along with the mark for Category B.
Amendment 13
In Amendment 6 the text following the anhydrous ammonia placard in the Appendix to Part 4 included the words "Label and …". This is an error and subsection (1) of this amendment proposes correcting that error by deleting the words "Label and …".
Subsection (2) of this amendment proposes changing the text in the Appendix to Part 4 following the Category B mark. Stakeholders pointed out that manufacturers of containment for Category B are not using black letters and numbers for the Category B mark. The UN Model Regulations and the ICAO Technical Instructions do not require black, just a contrasting background. Striking out the word "black" still will lead to a contrasting background given the requirements in section 4.6 and will harmonize with the UN and the ICAO Technical Instructions.
For additional information, visit www.tc.gc.ca/tdg/clear/modifications/amendmentz.htm.
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