Tavares Group Blog

Transportation of Dangerous Goods Regulation Amendment 12

The first thing to recognize about this combination of previously proposed amendments is that they go way beyond what the titles suggest.  For example, the “Part 4” amendment contain numerous changes to Part 1, General Provisions and Special Cases; Part 5 Means of Containment; as well as Schedules 1 and 2 and the “Update of Standards” amendment addresses most of the remaining Parts of the Regulation including new requirements for classification documentation and shipping document certification, and comprehensive changes to packaging standards.  Anyone who has not implemented documented, TDG procedures as yet will need to implement at least some documented information to satisfy these amendments.

Perhaps the single most significant change is the new requirement in Part 2 for maintaining a record of “Proof of Classification” for 5 years after the dangerous good has been shipped (the separate requirement to retain a shipping document remains at 2 years).  This applies to every single dangerous good shipped, regardless of exemptions that may reduce labeling, packaging, or other requirements.  The provision that allowed the use of a classification that was determined by a previous consignor or the manufacturer has been repealed.  The “Proof of Classification record must include a test report, a lab report, or a document that explains how the dangerous goods were classified.  A safety data sheet showing the classification is NOT acceptable unless it explains how the dangerous good was classified in the “Transportation Information” section of the SDS.  Specific information must be included in the record such as the classification method (e.g. the specific lab tests performed).

A specifically-worded, consignor’s certification statement must be included on a shipping document (which includes a waste manifest) following the other required information.   This statement declares the accuracy and completeness of the classification and compliance with all requirements of the TDG Regulations.  The personal name of the individual making this certification must be included.

Changes to safety mark symbols and rules, in particular as they relate to limited quantities, overpacks, and consolidation bins, are included.  Comprehensive changes to placard requirements with reduced options for using the Danger Placard and reduced options for using the 500 kg exemption from placarding have been made.

New, Transport Canada packaging standards for small containers in Classes 3, 4, 5, 6.1, 8 & 9 and for Rail Transport of dangerous goods replace existing, related standards.  Requirements for aerosol containers have been clarified to always require valve protection (usually a snap cap).  Some limited relief from also using an outer box for aerosol containers has been given to the user and purchaser, but not to a retailer making deliveries.

There are numerous others changes including:

• Some new and some repealed definitions
• Updated references to newer versions of standards such as 17th Edition of UN Recommendations on Transport of Dangerous Goods
• Changes to Part 10 Rail
• Changes to Part 11 Marine
• Comprehensive changes to Part 12 International and Domestic Transport by Aircraft
• Comprehensive changes to Schedules 1 and 2 (such that a consigner must verify all rules for every dangerous good they ship)

These changes may be followed immediately, but must be followed no later than January 14, 2015 except that the consignor’s certification statement on a shipping document must be followed no later than July 15, 2015 and existing Limited Quantity marks may continue to be used until December 31, 2020 allowing time for inventories of pre-printed packaging to be depleted and printing templates to be replaced.

Will your organization be prepared for the above deadlines to be compliant with the recent, comprehensive amendment to the TDG Regulations? Contact us.