36 Spray June 2016 Steven Charles Hunt President, ShipMate, Inc. From here to there: Topics in Transportation Transport Canada proposes amendments to its Dangerous Goods Regulations Transport Canada (TC) is proposing a number of amendments to the marine provisions in Part 11 of its Transportation of Dangerous Goods Regulations (TDGR). The marine provisions have been largely unchanged since they were published in 1992, even though the TDGR went through a major overhaul almost 15 years ago with the publishing of the “Clear Language” Edition. The proposed changes to the Part 11 marine provisions will have a significant impact on the transportation of dangerous goods on short-run ferries in the Canadian Maritimes. TC is also soliciting comments and recommendations from the regulated public and affected industry segments on proposed amendments to the TDGR. The TDG Regulations are updated on a regular basis to harmonize with the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions (ICAO TI) and the International Maritime Dangerous Goods Code (IMDG). The proposed amendments, published on Transport Canada’s website on Feb. 10, 2016, have the following objectives: 1. To harmonize with international regulatory requirements by updating the TDG Regulations to incorporate changes introduced in the 19th edition of the UN Recommendations, the IMDG Code 2014 and the 2015- 2016 ICAO TI with respect to safety marks, classification information, shipping names, special provisions and marine pollutants. 2. To introduce dynamic references (also known as “ambulatory referencing”) for the international regulations and technical standards currently incorporated in the TDG Regulations. This would allow Canadian shippers and carriers to use the most recent versions of the UN Recommendations, IMDG Code, ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions, the UN Manual of Tests & Criteria, and certain parts of the U.S. Department of Transportation’s 49 CFR subchapter C, along with many of the technical standards for the manufacture, selection and use of means of containment involved in the transport of dangerous goods as soon as they are adopted and published by their respective organizations. Dynamic references would increase efficiency and eliminate the administrative burden and delays associated with amending the TDGR; and 3. To reduce regulatory barriers on cross-border trade with the U.S., Transport Canada is proposing a reciprocity agreement for pressure receptacles, and for special permits and equivalency certificates. You can request a copy of the consultation document by sending a written request by e-mail to: TDGRegulatoryProposal- TMDPropositionReglementaire@ tc.gc.ca. Transport Canada had proposed in mid-2015 to amend Part 8 (reporting requirements) of the TDGR. Those amendments, scheduled to be finalized in Part II of the Canada Gazette this summer, proposed the following: a. New Definition of Release; b. Amendments to the reporting requirements to introduce circumstances under which a report is required; c. Exceptions where the reporting requirements do not apply; d. The reporting of the loss or theft of dangerous goods; e. The reporting of unlawful interference with dangerous goods; and f. New reporting criteria for misdeclared or undeclared dangerous goods to harmonize with International Civil Aviation Organization (ICAO) reporting requirements. Questions regarding the proposed changes to the TDGR can be directed to ShipMate, Inc. at +1 (310) 370-3600, or by contacting Transport Canada’s TDG Directorate at +1 (613) 992-4624. Spray
Spray June 2016
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