Canada Gazette, Part I, Volume 149, Number 23: Regulations Amending the Transportation of Dangerous Goods Regulations (Part 8 – Reporting Requirements)

June 6, 2015

Statutory authority

Transportation of Dangerous Goods Act, 1992

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Transportation of Dangerous Goods Act, 1992 (TDG Act) provides that any person who has the charge, management or control of a means of containment shall report any release or anticipated release (e.g. spills, accidents), loss or theft of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if it endangers, or could endanger, public safety. The TDG Act also provides for the development of regulations that prescribe who will receive reports, the manner of making the reports, the information to be included and the circumstances in which such reports are not required.

Prior to 2009, security issues were not addressed in the TDG Act. The TDG Act now allows for the making of regulations to address security issues with respect to the transportation of dangerous goods, and Part 8 of the Transportation of Dangerous Goods Regulations (TDG Regulations) now requires updating.

Additionally, recommendations from internal audits and from the Transportation Safety Board (TSB) have reaffirmed the need to review the provisions in Part 8 of the TDG Regulations that contain reporting requirements. During a 2010 audit by the Transport Canada Program Evaluation team, it was recommended that Transport Canada (TC) improve its data collection process to increase risk analysis capacity. In 2010, the TSB also suggested that the Transportation of Dangerous Goods (TDG) Directorate reassess the reporting requirements for means of containment failure. This TSB recommendation was made following an investigation of the repetitive failures of tank car stub sills that were not reported to TC (Rail Recommendation R10-01; http://www.tsb.gc.ca/eng/ rapports-reports/rail/2009/r09w0016/r09w0016.asp).

Currently, accidental releases and imminent accidental releases of dangerous goods are reported via an immediate report and a 30-day follow-up report. These reports fulfill two different objectives. The immediate report must be made, usually by phone, by the person who has possession of the dangerous goods at the time of the release to the appropriate provincial authority and the Canadian Transport Emergency Centre (CANUTEC) operated by the TDG Directorate of TC. The purpose of this report is to provide officials with immediate information to allow them to assess the severity of an incident and to assist first responders during their intervention. The 30-day follow-up report must be made to the TDG Directorate in writing within 30 days after an incident for which an immediate report was made. The 30-day follow-up report gathers additional information on the scope of the incident and its aftermath. While the current requirements for the immediate report remain necessary for emergency response, the written reporting requirements need updating to include information essential for risk analysis and data gathering regarding the transportation of dangerous goods.

Finally, as there is no standardized format for the 30-day follow-up report, stakeholders are uncertain as to the required information. The information provided is often incomplete and limits TC's ability to obtain accurate and complete incident data. Time-consuming follow-ups are required by TC and the lack of information impacts TC's ability to conduct reliable risk analyses.

Background

The transportation of dangerous goods in Canada is regulated under the TDG Act, the regulations made under the TDG Act and the standards incorporated by reference into the TDG Regulations.

The TDG program is based on the premise that properly classifying a dangerous good while ensuring that the dangerous good is transported in the required means of containment is crucial to the safe transportation of dangerous goods. Other safety requirements include Emergency Response Assistance Plans (ERAPs), proper documentation, safety marks, reporting and training.

Canada's TDG program is harmonized, as appropriate, with international regulations, United Nations (UN) recommendations, and U.S. regulations. TC is involved in the development of all aspects of the UN recommendations for the transportation of dangerous goods.

Objectives

The main objectives of this proposal are

Description

The proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Part 8 – Reporting Requirements) [proposed amendment] would update the TDG Regulations to include new security provisions, modify existing reporting requirements and specify the data to be made available for risk analysis.

The following are the main elements of the proposed amendment.

Amendments to reporting criteria

In the past, the quantity of dangerous goods released during transport was the only factor used to determine if a report was required and there were no exceptions with respect to accidental releases and imminent accidental releases. This approach is problematic; minimal reportable quantity thresholds were sometimes judged too permissive, and certain relevant incidents were not reported because they did not reach the reporting thresholds. The proposed amendment requires a person to report a release or an anticipated release in excess of a trace amount of dangerous goods, except for dangerous goods included in Packing Group III of the following classes for which the threshold is an amount greater than 30 L or 30 kg:

Since dangerous goods included in Packing Group III pose a lower risk in transport, the threshold aims to exclude the reporting of small releases or small anticipated releases resulting from routine operations involving pumps, compressors and connectors that connect and disconnect during the loading and unloading of dangerous goods. With respect to dangerous goods in Class 7, Radioactive Materials, a report would be required for an emission level greater than the one established in section 20 of the Canadian Nuclear Safety Commission (CNSC) Packaging and Transport of Nuclear Substances Regulations.

The proposed amendment also provides for certain cases where the obligation to make a report does not apply: if the release or anticipated release does not result in the death of a person, an evacuation of people, or the closure of a facility, a road, a main railway line, a main waterway or a runway. However, a report to CANUTEC must still be made if a person sustained injuries that required immediate medical treatment by a health care provider; if a means of containment caught fire, ruptured or exploded; if a release occurred as a result of the venting of the means of containment; if the centre sill or stub sill of a tank car cracked by at least 15 cm; or if the integrity of the means of containment was compromised.

The proposed amendment would allow TC to capture only the information regarding releases or anticipated releases that endanger, or could endanger, public safety.

Report of loss or theft of dangerous goods

This proposed amendment includes new requirements for the reporting of the loss or theft of dangerous goods. These incidents would need to be reported to CANUTEC and, if applicable, to Natural Resources Canada (NRC) and the CNSC respectively. The following information would be required:

Report of unlawful interference with dangerous goods

This proposed amendment includes new requirements for the reporting of unlawful interference with dangerous goods. These incidents would need to be reported to CANUTEC and, if applicable, to NRC and the CNSC respectively. The following information would be required:

Undeclared and misdeclared dangerous goods transported by aircraft

This proposed amendment would adopt International Civil Aviation Organization (ICAO) reporting requirements and include new criteria for reporting dangerous goods transported by aircraft that are either misdeclared or undeclared. It aims to address situations where dangerous goods are shipped either without a shipping document or without a dangerous goods safety mark that meets the requirements prescribed in the TDG Regulations (e.g. electronic equipment equipped with a lithium battery shipped in a box without the proper labels). This requirement would help TC obtain information for tracking compliance issues and targeting awareness efforts. Most air operators already report undeclared items voluntarily to TC. Following the coming into force of this amendment, persons who discover undeclared or misdeclared dangerous goods would have to report, in writing, to the Director General of the TDG Directorate, within 30 days after the day on which the dangerous goods are discovered on board an aircraft, at an aerodrome or at an air cargo facility.

It is proposed that the following information be included in the report sent to the Director General:

Initial report

Currently, the Regulations require that when an accidental release, an imminent accidental release, a dangerous goods accident or a dangerous goods incident occurs, or when there is reason to believe that an accidental release is about to occur, an immediate report be made to advise CANUTEC and first responders. This helps to mitigate damages caused by the incident through the proper assignment of emergency personnel and resources. The report is made by the person who has possession of the dangerous goods (e.g. the driver or dispatcher) immediately after an incident or when there is cause to believe that an incident is about to happen.

An immediate report must be made by telephone to CANUTEC and all applicable organizations, including the appropriate provincial authority, the person's employer, the consignor of the dangerous goods, the owner, lessee or charterer of a road vehicle or the Vessel Traffic Services Centre or Canadian Coast Guard radio station of a ship, as appropriate.

The proposed amendment would require that an initial report be made to CANUTEC for any release or anticipated release of dangerous goods from a road vehicle. This change would fill an important reporting gap. Presently, road incidents are not reported to CANUTEC; TC has identified the need to be informed of the release and anticipated release of dangerous goods from road vehicles to obtain more comprehensive information for all modes of transport.

Under the proposed amendment, an initial report of a release or anticipated release of dangerous goods must contain the following information:

Under the present Regulations, the contact information of the person making a report is not required. However, CANUTEC requires this information to be able to follow up during an incident.

In the light of the foregoing, it is proposed that a report would not be required when the release or anticipated release does not result in evacuations, fatalities, or closures of loading facilities, roads, main railway lines, main waterways or runways. However, a person would be required to make the initial report to CANUTEC if a person sustained injuries that required immediate medical treatment by a health care provider; if a means of containment caught fire, ruptured or exploded; if a release occurred as a result of the venting of the means of containment; if the centre sill or stub sill of a tank car is cracked by at least 15 cm; or if the integrity of the means of containment was compromised.

30-Day follow-up report

When an initial report of a release or anticipated release of dangerous goods is made, the person or the employer of the person or self-employed person who made the report must provide a follow-up report in writing to the Director General of the TDG Directorate within 30 calendar days after the day on which the initial report of a release or anticipated release was made.

This person also has to retain a copy of the report for two years and make it available within 15 days following a written request from an inspector.

Should there be any change to any of the following within one year after the follow-up report is submitted, the Director General is to be notified as soon as possible of the

Changes to the reporting criteria would also respond to recommendations of the TSB and internal audits regarding the lack of data for risk-based inspection plans. Additional data would allow TC to conduct better risk analysis and establish more effective regulations in the future, and may act as an indicator of where regulations could be reviewed.

Accordingly, it is proposed that the following additional information be provided in the 30-day follow-up report:

New definition of “release”

In 2009, the TDG Act was updated to include both safety and security provisions. This proposed amendment reflects the new definition “release” and repeals the definitions “accidental release” and “imminent accidental release.”

Thus, “release” will capture both accidental releases and voluntary releases. The current definitions only capture releases due to accidents. The broader definition clarifies the scope of the term and better identifies the discharges requiring a report.

The TDG Act now refers to “anticipated release” for potential releases including, but not restricted to, anticipated releases from means of containment that are stressed or damaged in handling (e.g. a means of containment is damaged by a forklift, a nuclear densometer from a construction site is run over by heavy machinery) or in an accident (e.g. a tanker truck is driven into a ditch, a train is derailed, dangerous goods are lost in navigable waters during a storm) and that will most likely have suffered from structural damage. This amendment proposes to require the reporting of all instances in which a means of containment is damaged such that its integrity is compromised in a way that may lead to a release.

Other amendments

In addition, these proposed amendments clarify and make minor corrections in the TDG Regulations. The proposed amendments are as follows:

“One-for-One” Rule

The requirement for a 30-day follow-up report and a report of undeclared or misdeclared dangerous goods transported by aircraft has been identified as an administrative burden on industry.

It is estimated that to comply with the current TDG Regulations, 96 minutes are required to prepare a 30-day follow-up report.

It is estimated that an average of 650 30-day follow-up reports are submitted every year to TC and that the proposed requirement to report releases and anticipated releases of dangerous goods from means of containment on road vehicles would lead to an increase of 25%. This would equate to an average of 813 reports annually. Based on an average hourly wage of $29.80, including 25% overhead, it is estimated that this would represent an increase in administrative burden of $44,422 over 10 years, resulting in an increased annualized administrative burden of approximately $6,325.

It is estimated that the reporting requirement for misdeclared or undeclared dangerous goods transported by aircraft would require 15 minutes to complete. Based on an estimate that 80% of reports are already provided on a voluntary basis to TC and that an average of 50 additional reports a year would be produced, the administrative burden would increase by $2,136 over 10 years, resulting in an annualized increase of approximately $304.

The voluntary reporting originates from an international requirement under the ICAO Technical Instructions for an airline operator to report any undeclared or misdeclared shipment of dangerous goods to the appropriate authorities of the State of the operator and the State in which the dangerous goods were discovered.

The net total of the amendment would represent an “IN” of $46,558 over 10 years and an annualized average increase in the administrative burden of $6,629. This estimate is based on a 7% discount rate, a 10-year timeline, and an hourly wage of $29.80.

Small business lens

The small business lens does not apply to the proposed amendment.

Consultation

The proposed amendment was presented to the TDG General Policy Advisory Council and the Multi-Association Committee on TDG stakeholders during the semi-annual meetings held in 2012 and 2013. A Web consultation was initiated in February 2012, followed by a 15-day comment period.

Thirty-nine comments were received from various groups, including the chemical manufacturing industry, the petroleum industry, dangerous goods carriers, and provincial authorities.

During the consultation period, of the 39 comments received, four commenters specified that this amendment would enhance the clarity and effectiveness of the TDG Regulations. However, one commenter disagreed with the proposal in its entirety, stating concerns that the proposed amendment would lead to interpretation issues. TC has opted to maintain the proposed amendment, as TC requires more detailed and complete data for risk analysis, and to develop standards and regulations.

Eight comments received during the consultation period expressed concern that the reporting requirement for a release or anticipated release was too broad and could capture normal/ intentional venting situations. However, section 18 of the TDG Act requires any person who has the charge, management or control of a means of containment to make a report of an actual or anticipated release of dangerous goods — including voluntary releases — only if the release endangers, or could endanger, public safety. Therefore, the proposed amendment would not capture normal venting situations.

Two comments requested a clearer definition of anticipated release. Transport Canada will publish, on its Web site, a reporting form accompanied by a guidance document that will provide policy guidance and will include common examples of anticipated releases.

Seven comments requested general clarifications of certain provisions related to the reporting requirements of the TDG Regulations. In response to the comments, wording was changed to clarify terms such as “possession of dangerous goods,” “railway line,” “quantity,” “suspected of suffering,” and “repair to the system intended to protect the means of containment” that were proposed previously.

Additionally, one comment was received stating that the term “as soon as possible” was too vague. TC is maintaining the status quo, as the term has been in use in many other regulations and the ordinary meaning of this expression is sufficiently clear.

One comment mentioned that a report by telephone was too limiting and requested that an allowance for other means of making an initial report be made. TC is maintaining the proposed amendment on that issue, as it is considered to be the easiest and most convenient way to report an accident.

One commenter suggested that the proposed reporting requirements would increase the number of reports to local and provincial police. TC is maintaining the status quo because the requirement to make a report only applies if the release endangers, or could endanger, public safety.

One commenter disagreed with the requirement to report cases of broken stub sills for rail. TC maintains that significant numbers of rail incidents reported to the TSB are due to broken stub sills and that these incidents need to be integrated into TC's risk evaluation.

Finally, during the spring 2014 TDG General Policy Advisory Council meeting, members were updated on the proposed amendment and all were supportive of the proposed changes.

Rationale

Part 8 of the TDG Regulations requires updating to reflect amendments made to the TDG Act in 2009. These proposed changes would address the risks related to security and include the reporting of voluntary releases. In addition, recommendations from internal audits and from the TSB have reaffirmed the need to review the reporting provisions: the written reporting requirements need to be updated to introduce new requirements to gather essential information for risk analysis pertaining to the transportation of dangerous goods.

The proposed amendments would allow TC to improve the information received regarding dangerous goods incidents. This would gather data needed for risk analyses and emergency response, lower the likelihood of environmental damage, and inform future regulatory development.

The proposed amendments would also be harmonized with reporting practices in the United States. The proposed criteria are aligned with the reportable incidents identified in the U.S. Code of Federal Regulations 49 under paragraph 171.15(b) [e.g. death, injury, evacuation]. Harmonizing common elements with reporting practices in the United States would facilitate the comparison of common data sets, allowing Canada and the United States to merge data sets based on those common elements to produce larger data sets for risk analysis. Canada would retain elements that are Canada-specific, but would harmonize reporting criteria where applicable.

If the proposed amendments are not adopted, inconsistencies between the TDG Act and the Regulations will remain, security provisions will not be introduced and proper data for risk analysis will be lacking. Stakeholders impacted by the proposed amendment are consignors and carriers who handle, offer for transport, transport or import dangerous goods in Canada as they are the parties responsible for reporting dangerous goods incidents.

Initial reports made to CANUTEC have no monetary costs associated with them, since the telephone call can be made collect. Air operators would also be required to report all undeclared and misdeclared dangerous goods transported by aircraft but, as this has been an international requirement for some time, most operators already provide reports to inspectors on a voluntary basis. This is not expected to significantly increase compliance burden for the air industry.

Stakeholders are supportive of these changes and have been requesting them for a number of years. The proposed amendment will help streamline the reporting process.

TC has consulted widely with key partners and stakeholders, who have expressed support for the proposed approach and urged timely action.

Introduction of a new reporting form

In addition to this amendment, TC is introducing a voluntary reporting form, which will be made available on TC's Web site. In the past, there was no specific form to prepare the 30-day follow-up report, forcing TC to conduct time-consuming follow-ups and creating gaps in the necessary data and in the risk analyses. Therefore, based on stakeholder feedback, a new online form is being created for filing the 30-day follow-up report and the report of undeclared or misdeclared dangerous goods transported by aircraft. This form can be completed online and emailed or sent by mail to TC. Available on the TC Web site along with a guidance document explaining in plain language the information that is required to be reported by the Regulations, the form will help reduce administrative burden on industry. However, the form will not be part of the Regulations and will not be mandatory; stakeholders will have the option of submitting their own form, provided all the required information is present.

Implementation, enforcement and service standards

Proper implementation of regulatory amendments is a key aspect of the regulatory life cycle. Once regulatory amendments become law, the TDG Directorate develops new training and awareness material for inspectors and stakeholders. New regulatory requirements are disseminated using a communication network that is already well established. Some of the main tools used to implement regulatory changes are

In addition to the implementation measures outlined above, the TDG Directorate will prepare a guidance document that will provide information and clarification on the new online form.

Compliance with the TDG Act and the TDG Regulations is verified through inspections. These inspections are carried out at both the federal level and the provincial level and involve all modes of transport and all consignors of dangerous goods. The implementation objective is to update and enhance inspector training tools to ensure that oversight is undertaken by properly trained staff. The amendment to Part 8, Reporting, is anticipated to have a neutral effect on TDG inspectors. Information will be provided to them to keep them updated and aware of the new requirements.

Contact

Geneviève Sansoucy
Acting Chief
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5766
Fax: 613-993-5925
Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to sections 27 (see footnote a) and 27.1 (see footnote b) of the Transportation of Dangerous Goods Act, 1992 (see footnote c), proposes to make the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Part 8 – Reporting Requirements).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Geneviève Sansoucy, Regulatory Affairs Branch, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-5766; fax: 613-993-5925; email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca).

Ottawa, May 28, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (PART 8 – REPORTING REQUIREMENTS)

AMENDMENTS

1. The entry for Part 8 in the Table of Contents of the Transportation of Dangerous Goods Regulations (see footnote 1) is replaced by the following:

Reporting Requirements................................................................................ Part 8

2. The portion of item 10 of the table to section 1.3.1 of the Regulations in column 2 is replaced by the following:
Item

Column 1

Short Form

Column 2

Safety Standard or Safety Requirement
10 (10) CGSB-43.151 CGSB-43.151-2012, "Packaging, handling, offering for transport and transport of Explosives (Class 1)", October 2012, published by the Canadian General Standards Board (CGSB)

3. (1) The definitions “accidental release” and “imminent accidental release” in section 1.4 of the Regulations are repealed.

(2) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:

release
(from the Act)

means, in relation to dangerous goods,

4. (1) Paragraph 1.6(1)(c) of the Regulations is replaced by the following:

(2) Paragraph 1.6(2)(c) of the Regulations is replaced by the following:

5. (1) Subparagraph 1.15(1)(a)(i) of the Regulations is replaced by the following:

(2) Paragraph 1.15(2)(c) of the Regulations is replaced by the following:

6. (1) Subparagraphs 1.17.1(1)(b)(i) and (ii) of the French version of the Regulations are replaced by the following:

(2) Subparagraphs 1.17.1(1)(c)(i) and (ii) of the French version of the Regulations are replaced by the following:

(3) Subsection 1.17.1(7) of the French version of the Regulations is replaced by the following:

(7) Les documents d'expédition ou les autres documents qui accompagnent des marchandises dangereuses en quantités exceptées doivent porter la mention « marchandises dangereuses en quantités exceptées » ou « dangerous goods in excepted quantities » et indiquer le nombre de contenants extérieurs.

7. Paragraph 2.36.1(c) of the English version of the Regulations is replaced by the following:

8. Part 8 of the Regulations is replaced by the following:

PART 8

REPORTING REQUIREMENTS

TABLE OF CONTENTS

Definitions

SECTION

Application and Interpretation...................................................................................... 8.1

Initial Report of a Release or Anticipated Release of Dangerous Goods....................... 8.2

Information to be Included in an Initial Report of a Release or Anticipated Release of Dangerous Goods......................................................................................................... 8.3

30-Day Follow-up Report.............................................................................................. 8.4

Information to be Included in a 30-Day Follow-up Report............................................ 8.5

30-Day Follow-up Report – Notice and Retention of Report.......................................... 8.6

Report of Loss or Theft of Dangerous Goods................................................................ 8.7

Information to be Included in a Report of Loss or Theft of Dangerous Goods.............. 8.8

Report of Unlawful Interference with Dangerous Goods............................................... 8.9

Information to be Included in a Report of Unlawful Interference with Dangerous Goods ..................................................................................................................................... 8.10

Report of Undeclared or Misdeclared Dangerous Goods Transported by Aircraft.......... 8.11

Information to be Included in a Report of Undeclared or Misdeclared Dangerous Goods Transported by Aircraft................................................................................................. 8.12

REPORTING REQUIREMENTS

Definitions

Definitions for the following terms, used in this Part, are provided in Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases):

8.1 Application and Interpretation

This Part applies to

8.2 Initial Report of a Release or Anticipated Release of Dangerous Goods

(1) Subject to subsections (2) and (3), a person who is required to report a release or anticipated release of dangerous goods under subsection 18(1) of the Act must, as soon as possible after the release or the anticipated release, make an initial report by telephone or in person to the persons listed in subsection (4) if the release or anticipated release is or could be in excess of the quantity set out in the following table:

Table
Class Packing Group or Category Quantity
1 II Trace
2 Not applicable Trace
3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 and 9 I and II Trace
3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 and 9 III 30 L or 30 kg
6.2 A and B Trace
7 Not applicable A level of ionizing radiation greater than the level established in section 20 of the "Packaging and Transport of Nuclear Substances Regulations"

(2) A person is not required to make the initial report referred to in subsection (1) if the release or anticipated release does not result in any of the following:

(3) Despite subsection (2), a person must make the initial report referred to in subsection (1) to CANUTEC at 613-996-6666 if

(4) The initial report referred to in subsection (1) must be made to

Table

Initial Report of a Release or Anticipated Release of Dangerous Goods

Provincial Authority
Province Authority
Alberta The local police and the appropriate provincial authority at 1-800-272-9600
British Columbia The local police and Emergency Management BC at 1-800-663-3456
Manitoba The Department of Conservation at 204-945-4888 and either the local police or the fire department
New Brunswick The local police or 1-800-565-1633
Newfoundland and Labrador The local police and the Canadian Coast Guard at 709-772-2083
Northwest Territories The appropriate authorities at 867-920-8130
Nova Scotia The local police or 1-800-565-1633 or 902-426-6030
Nunavut The local police and the Nunavut Emergency Services at 1-800-693-1666
Ontario The local police
Prince Edward Island The local police or 1-800-565-1633
Quebec The local police
Saskatchewan The local police or 1-800-667-7525
Yukon The appropriate authorities at 867-667-7244

8.3 Information to be Included in an Initial Report of a Release or Anticipated Release of Dangerous Goods

An initial report of a release or anticipated release of dangerous goods must include the following information:

8.4 30-Day Follow-up Report

The person who made the initial report referred to in subsection 8.2(1), or the employer of that person, must make a follow-up report in writing to the Director General within 30 days after the day on which the initial report was made.

A reporting template is available at www.tc.gc.ca/tdg.

8.5 Information to be Included in a 30-Day Follow-up Report

A 30-day follow-up report must include the following information:

8.6 30-Day Follow-up Report – Notice and Retention of Report

(1) The person who made the 30-day follow-up report referred to in section 8.4 must, as soon as possible, notify the Director General of any change to the information referred to in paragraphs 8.5(f), (i), (j), (n), (o) and (q) that occurs within one year after the day on which the follow-up report was made.

(2) The person must keep a copy of the report for two years after the day on which it is made.

(3) The person must make the report available to an inspector within 15 days after the day on which the person receives a written request from the inspector.

8.7 Report of Loss or Theft of Dangerous Goods

(1) A person who is required to report the loss or theft of dangerous goods under subsection 18(3) of the Act must, as soon as possible after the loss or theft, report it by telephone to the persons listed in subsection (3) if the dangerous goods lost or stolen are in excess of the quantity set out in subsection (2).

(2) For the purposes of subsection (1), the quantities of dangerous goods are as follows:

(3) The report referred to in subsection (1) must be made to

(4) The person who made the report referred to in subsection (1) must notify the persons referred to in subsection (3) if that person finds the dangerous goods that were lost or stolen.

8.8 Information to be Included in a Report of Loss or Theft of Dangerous Goods

A report of the loss or theft of dangerous goods must include the following information:

8.9 Report of Unlawful Interference with Dangerous Goods


(1) If there has been unlawful interference with dangerous goods during their handling, offer for transport, transport or importation, the person who had the charge, management or control of the goods must, as soon as possible after the discovery of the unlawful interference, report it by telephone to the persons listed in subsection (2).

(2) The report referred to in subsection (1) must be made to

8.10 Information to be Included in a Report of Unlawful Interference with Dangerous Goods

A report of unlawful interference with dangerous goods must include the following information:

8.11 Report of Undeclared or Misdeclared Dangerous Goods Transported by Aircraft

A person must make a report in writing to the Director General within 30 days after the day on which the person discovers, on board an aircraft, at an aerodrome or at an air cargo facility, dangerous goods that

8.12 Information to be Included in a Report of Undeclared or Misdeclared Dangerous Goods Transported by Aircraft

A report of undeclared or misdeclared dangerous goods transported by aircraft must include the following information:

9. The third paragraph of the description of “Col. 7” under the heading “LEGEND” of Schedule 1 to the Regulations is replaced by the following:

For dangerous goods included in Class 3, Flammable Liquids, with the UN number UN1202, UN1203, UN1267, UN1268, UN1863, UN1987, UN1993, UN3295, UN3475 or UN3494, see subsection 7.1(6) of Part 7 (Emergency Response Assistance Plan), which sets out the ERAP requirements for those dangerous goods. For Class 6.2, Infectious Substances, see subsection 7.1(7) of Part 7 (Emergency Response Assistance Plan), which sets out the ERAP requirements for certain infectious substances.

10. The portion of UN Number UN1660 of Schedule 1 to the Regulations in column 3 of the italicized table under “Col. 8/Col. 9” under the heading “Example 1 : UN1660” under the heading “LEGEND” is replaced by the following:

Col. 1

UN Number

Col. 3

Class
UN1660 2.3 (5.1) (8)
11. The portion of UN Number UN1308 of Schedule 1 to the English version of the Regulations in columns 8 and 9 is replaced by the following:

Col. 1

UN Number

Col. 8

Passenger-Carrying Ship Index

Col. 9

Passenger-Carrying Road Vehicle or Passenger-Carrying Railway Vehicle Index
UN1308 Forbidden Forbidden
5 L
60 L
12. The portion of UN Number UN2037 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

UN Number

Col. 5

Special Provisions
UN2037 80, 107
13. The portion of UN Number UN2381 of Schedule 1 to the Regulations in column 3 is replaced by the following:

Col. 1

UN Number

Col. 3

Class
UN2381 3 (6.1)
14. The portion of UN Number UN3166 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

UN Number

Col. 5

Special Provisions
UN3166 67, 93, 96
15. The portion of UN Numbers UN3480 and UN3481 of Schedule 1 to the Regulations in columns 2 to 9 is replaced by the following:

Col. 1

UN Number

Col. 2

Shipping Name and Description

Col. 3

Class

Col. 4

Packing Group/ Category

Col. 5

Special Provisions

 Col. 6

Col. 7

ERAP Index

Col. 8

Passenger- Carrying Ship Index

Col. 9

Passenger- Carrying Road Vehicle or Passenger- Carrying Railway Vehicle Index

6(a)

Explosive Limit and Limited Quantity Index

6(b)

Excepted Quantities
UN3480 LITHIUM ION BATTERIES (including lithium ion polymer batteries) 9   34, 123, 137, 138 0 E0     5 kg
UN3481 LITHIUM ION BATTERIES CONTAINED IN Equipment (including lithium ion polymer batteries); or LITHIUM ION BATTERIES PACKED WITH Equipment (including lithium ion polymer batteries) 9   34, 137, 138 0 E0     5 kg
16. The portion of UN Number UN3494 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

UN Number

Col. 5

Special Provisions
UN3494 106
106
106

17. Special provision 80 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

80 Despite section 1.17 of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases), a person must not offer for transport or transport these dangerous goods unless they are in a means of containment that is in compliance with the requirements for transporting gases in Part 5 (Means of Containment), except that, in the case of dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, the requirement in section 8.1.7 of CGSB-43.123 that containers and gas cartridges be tightly packed in a strong outer packaging does not apply to a user or purchaser.

For a similar rule respecting aerosol containers and gas cartridges, see subparagraph 1.15(1)(a)(i) of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases).

18. The italicized text after special provision 106 of Schedule 2 to the Regulations is replaced by the following:

19. The Regulations are amended by replacing “Part 8, Accidental Release and Imminent Accidental Release Report Requirements” and “Part 8 (Accidental Release and Imminent Accidental Release Report Requirements)” with “Part 8 (Reporting Requirements)” in the following provisions:

COMING INTO FORCE

20. These Regulations come into force on the day that is one year after the day on which they are published in the Canada Gazette, Part II.

[23-1-o]