Vol. 151, No. 25 — December 13, 2017

Registration

SOR/2017-253 November 24, 2017

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

P.C. 2017-1433 November 23, 2017

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 27 (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Marine Provisions).

Regulations Amending the Transportation of Dangerous Goods Regulations (Marine Provisions)

Amendments

1 (1) The Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is amended by adding the following after the entry for section 1.3.1:

Transitional Period … 1.3.2

(2) The entry for section 1.10 in the Table of Contents of Part 1 of the Regulations is replaced by the following:

Requirements Respecting the Transportation of Dangerous Goods on Board Passenger Carrying Vessels … 1.10

(3) The entry for section 1.30 in the Table of Contents of Part 1 of the Regulations is replaced by the following:

Ferry Exemption … 1.30

Propane and Gasoline in Highway Tanks on Board Passenger Carrying Vessels … 1.30.1

2 Paragraph 1.3(2)(d) of the English version of the Regulations is amended by replacing the period at the end of subparagraph (v) with a semi-colon.

3 (1) The definitions passenger carrying ship, ship and short-run ferry in section 1.4 of the Regulations are repealed.

(2) The definition roll-on roll-off ship in section 1.4 of the Regulations is replaced by the following:

ro-ro ship

has the same meaning as in section 1.2.1 of the IMDG Code. (navire roulier)

(3) The definition means of transport in section 1.4 of the English version of the Regulations is replaced by the following:

means of transport

means a road or railway vehicle, aircraft,vessel, pipeline or any other contrivance that is or may be used to transport persons or goods. (moyen de transport)

(4) Paragraph (a) of the definition passenger in section 1.4 of the Regulations is replaced by the following:

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

inland voyage

has the same meaning as in subsection 100(1) of the "Cargo, Fumigation and Tackle Regulations". (voyage en eaux internes)

passenger carrying vessel

means a vessel that is carrying one or more passengers.(bâtiment à passagers)

vessel
(from the Act)

has the same meaning as in section 2 of the "Canada Shipping Act, 2001". (bâtiment)

4 The Regulations are amended by adding the following after section 1.9:

1.10 Requirements respecting the transportation of dangerous goods on board passenger carrying vessels

(1) The requirements of these Regulations respecting the transportation of dangerous goods other than explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 25 passengers or more than one passenger for each 3 m of the length of the vessel.

(2) The requirements of these Regulations respecting the transportation of dangerous goods that are explosives on board a passenger carrying vessel apply to a passenger carrying vessel that is transporting more than 12 passengers.

5 Paragraph 1.19.2(e) of the Regulations is replaced by the following:

6 Section 1.30 of the Regulations is replaced by the following:

1.30 Ferry Exemption

Paragraph 3.6(3)(a) of Part 3 (Documentation) and subsection 4.16(3) and paragraph 4.16.1(2)(d) of Part 4 (Dangerous Goods Safety Marks) do not apply to dangerous goods in transport on a road vehicle or railway vehicle that is being transported on board a vessel that is operating over the most direct water route between two points that are not more than 5 km apart.

1.30.1 Propane and Gasoline in Highway Tanks on Board Passenger Carrying Vessels

Subsection 1.6(1) of Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases) and paragraph 3.6(3)(a) of Part 3 (Documentation) do not apply to dangerous goods that are UN1203, GASOLINE or UN1978, PROPANE that are in a highway tank that is being transported by a tank truck on board a passenger carrying vessel that is operating over the most direct water route between two points that are not more than 5 km apart if the following conditions are met:

7 Paragraph 1.46(l) of the Regulations is repealed.

8 The entry for section 4.13 in the Table of Contents of Part 4 of the Regulations is struck out.

9 Part 4 of the Regulations is amended by striking out the last paragraph of italicized text under the heading “Background” after the Table of Contents.

10 (1) The term “short-run ferry” in the italicized list after the heading “Definitions” in Part 4 of the Regulations is struck out.

(2) The term “roll-on roll-off ship” in the italicized list after the heading “Definitions” in Part 4 of the English version of the Regulations is struck out.

(3) The italicized list after the heading “Definitions” in Part 4 of the English version of the Regulations is amended by adding the following in alphabetical order:

11 Section 4.13 of the Regulations is repealed.

12 Subparagraph 4.18.2(b)(ii) of the Regulations is replaced by the following:

13 Paragraph 4.22(2)(a) of the English version of the Regulations is replaced by the following:

14 Clause 4.22(2)(b)(ii)(B) of the Regulations is replaced by the following:

15 (1) Subparagraph 5.14(1)(a)(i) of the Regulations is replaced by the following:

(2) Subparagraph 5.14(1)(b)(i) of the Regulations is replaced by the following:

(3) Subparagraph 5.14(1)(d)(i) of the Regulations is replaced by the following:

16 The table to section 5.16 of the Regulations is repealed.

17 Paragraph 6.2(m) of the Regulations is replaced by the following:

18 (1) The entry “Background” in the Table of Contents of Part 11 of the Regulations is struck out.

(2) The entry for section 11.1 in the Table of Contents of Part 11 of the Regulations is replaced by the following:

(3) The entry for section 11.2 in the Table of Contents of Part 11 of the Regulations is replaced by the following:

(4) The entry for section 11.4 in the Table of Contents of Part 11 of the Regulations is struck out.

19 The heading “Background” after the Table of Contents of Part 11 of the Regulations and any italicized text after it are struck out.

20 The italicized list after the heading “Definitions” in Part 11 of the Regulations is amended by adding the following in alphabetical order:

21 (1) The title before section 11.1 of the Regulations is replaced by the following:

11.1 Marine Transport — IMDG Code

(2) Subsection 11.1(1) of the Regulations is replaced by the following:

(1) A person who imports, offers for transport, handles or transports dangerous goods by vessel must comply with the IMDG Code if the dangerous goods are in transport between

22 The title before section 11.2 and section 11.2 of the Regulations are replaced by the following:

11.2 Marine Transport — Transportation of Dangerous Goods Regulations

A person who imports, offers for transport, handles or transports dangerous goods by vessel must comply with these Regulations if the dangerous goods are in transport between

23 Section 11.4 of the Regulations is repealed.

24 The portion of section 12.3 of the Regulations after the title is replaced by the following:

Despite subsection 12.1(1), the following text replaces subsection 4.1.6 in section 4.1, Information to the pilot-in-command, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions:

“4.1.6 The information provided to the pilot-in-command must be presented on a dedicated form and not by means of air waybills, dangerous goods transport documents, invoices, etc.”

25 (1) Paragraph 12.4(1)(a) of the Regulations is replaced by the following:

(2) The shipping name in respect of UN Number UN0014 in the table to paragraph 12.4(1)(c) of the Regulations is replaced by “CARTRIDGES FOR WEAPONS, BLANK, or CARTRIDGES, SMALL ARMS, BLANK, or CARTRIDGES FOR TOOLS, BLANK”.

(3) Subsection 12.4(2) of the Regulations is replaced by the following:

(2) Despite the restrictions that apply to item 14 of Table 8-1 to Chapter 1, Provisions for dangerous goods carried by passengers or crew, of Part 8, Provisions Concerning Passengers and Crew, of the ICAO Technical Instructions, ammunition, or ammunition loaded in a firearm, with the UN number and shipping name UN0012, CARTRIDGES FOR WEAPONS, INERT PROJECTILE or UN0012, CARTRIDGES, SMALL ARMS or UN0014, CARTRIDGES FOR WEAPONS, BLANK or UN0014, CARTRIDGES, SMALL ARMS, BLANK or UN0014, CARTRIDGES FOR TOOLS, BLANK, may be transported on board an aircraft by a peace officer as defined in section 3 of the “Canadian Aviation Security Regulations, 2012” or by an in-flight security officer.

26 (1) Subparagraph 12.5(1)(a)(ii) of the Regulations is replaced by the following:

(2) Subparagraphs 12.5(1)(b)(x) and (xi) of the English version of the Regulations are replaced by the following:

27 Section 12.6 of the Regulations is repealed.

28 (1) Subparagraph 12.8(1)(a)(ii) of the Regulations is replaced by the following:

(2) Paragraph 12.8(2)(b) of the Regulations is replaced by the following:

29 (1) Subparagraphs 12.9(1)(b)(vi) and (vii) of the Regulations are replaced by the following:

(2) Subparagraph 12.9(1)(c)(iii) of the Regulations is replaced by the following:

(3) The title before subsection 12.9(7) and subsection 12.9(7) of the Regulations are replaced by the following:

Internal Combustion Engines, Vehicles and Machinery

(7) Dangerous goods that are UN3166, VEHICLE, FLAMMABLE GAS POWERED or UN3166, VEHICLE, FLAMMABLE LIQUID POWERED or UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED or UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, FUEL CELL, FLAMMABLE LIQUID POWERED or UN3528, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or UN3529, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or UN3529, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3529, MACHINERY, FUEL CELL, FLAMMABLE GAS POWERED or UN3529, MACHINERY, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION must be handled, offered for transport or transported in accordance with the following requirements of the ICAO Technical Instructions:

(4) Subparagraph 12.9(11)(a)(i) of the Regulations is replaced by the following:

30 Subparagraph 12.12(3)(g)(ii) of the Regulations is replaced by the following:

31 Subparagraph 12.13(c)(ii) of the Regulations is replaced by the following:

32 (1) The italicized text that follows the title of section 12.14 of the Regulations and before subsection (1) is repealed.

(2) Paragraph 12.14(2)(b) of the Regulations is replaced by the following:

33 The portion of UN Number UN2465 of Schedule 1 to the French version of the Regulations in column 2 is replaced by the following:

Col. 1

Col. 2

Numéro UN

Appellation réglementaire et description

UN2465

ACIDE DICHLOROISOCYANURIQUE SEC;

ou

SELS DE L’ ACIDE DICHLOROISOCYANURIQUE, à l’exception des sels de sodium dihydratés

34 The portion of UN Number UN2814 of Schedule 1 to the Regulations in column 7 is repealed.

35 The portion of UN Number UN3090 of Schedule 1 to the French version of the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

Numéro UN

Dispositions particulières

UN3090

34, 123, 137, 138, 149, 159

36 The portion of UN Number UN3156 of Schedule 1 to the Regulations in column 8 is replaced by the following:

Col. 1

Col. 8

UN Number

Passenger-Carrying Ship Index

UN3156

25

37 The portion of UN Number UN3480 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Col. 1

Col. 5

UN Number

Special Provisions

UN3480

34, 123, 137, 138, 149, 159

38 Subsection (2) of special provision 23 of Schedule 2 to the Regulations is replaced by the following:

(2) This special provision does not apply to a person who transports these dangerous goods in accordance with an exemption set out in section 1.15, 1.17, 1.17.1 or 1.24 of Part 1 (Coming Into Force, Repeal, Interpretation, General Provisions and Special Cases).

39 Subsection (2) of special provision 67 of Schedule 2 to the English version of the Regulations is replaced by the following:

(2) For greater certainty, in the case of a vehicle transported in a means of containment, subsection (1) applies to a vehicle that is transported with some parts detached from its frame in order to fit into the means of containment.

40 Paragraph (1)(b) of special provision 153 of Schedule 2 of the Regulations is replaced by the following:

41 Subsections (2) and (3) of special provision 154 of Schedule 2 to the French version of the Regulations are replaced by the following:

(2) Il est permis d’importer, de présenter au transport, de manutentionner ou de transporter des moteurs et des machines qui contiennent des carburants inclus dans la classe 3 sous UN3528, MOTEUR À COMBUSTION INTERNE FONCTIONNANT AU LIQUIDE INFLAMMABLE, UN3528, MOTEUR PILE À COMBUSTIBLE CONTENANT DU LIQUIDE INFLAMMABLE, UN3528, MACHINE À COMBUSTION INTERNE FONCTIONNANT AU LIQUIDE INFLAMMABLE ou UN3528, MACHINE PILE À COMBUSTIBLE CONTENANT DU LIQUIDE INFLAMMABLE, selon le cas.

(3) Il est permis d’importer, de présenter au transport, de manutentionner ou de transporter des moteurs et des machines qui contiennent des carburants inclus dans la classe 2.1 ainsi que des moteurs et des machines alimentés à la fois par un gaz inflammable et par un liquide inflammable sous UN3529, MOTEUR À COMBUSTION INTERNE FONCTIONNANT AU GAZ INFLAMMABLE, UN3529, MOTEUR PILE À COMBUSTIBLE CONTENANT DU GAZ INFLAMMABLE, UN3529, MACHINE À COMBUSTION INTERNE FONCTIONNANT AU GAZ INFLAMMABLE ou UN3529, MACHINE PILE À COMBUSTIBLE CONTENANT DU GAZ INFLAMMABLE, selon le cas.

42 Subsection (4) of special provision 154 of Schedule 2 to the English version of the Regulations is replaced by the following:

(4) Engines or machinery containing liquid fuels that are included in Class 9 but do not meet the classification criteria of any other class, may be imported, offered for transport, handled or transported under UN3530, ENGINE, INTERNAL COMBUSTION or UN3530, MACHINERY, INTERNAL COMBUSTION, as appropriate.

43 Special provision 156 of Schedule 2 to the French version of the Regulations is replaced by the following:

156 Tout véhicule mu par un moteur à combustion interne fonctionnant au moyen d’un liquide inflammable ou d’un gaz inflammable doit être présenté au transport, manutentionné ou transporté sous UN3166, VÉHICULE À PROPULSION PAR GAZ INFLAMMABLE.

44 Subsection (1) of special provision 159 of Schedule 2 to the Regulations is replaced by the following:

(1) Subject to subsection (2), the label to be used for these dangerous goods is the one illustrated under the heading for lithium batteries “Class 9, Lithium Batteries” in the appendix to Part 4 (Dangerous Goods Safety Marks).

45 The reference “FARINE DE POISSON STABILISÉE” in column 1B of Schedule 3 to the English version of the Regulations opposite the reference to “FISH MEAL, STABILIZED, regulated only when transported by ship” in column 1A is replaced by the following:

46 The reference “DÉCHETS DE POISSON STABILISÉS, réglementés seulement lorsqu’ils sont transportés pas navire” in column 1B of Schedule 3 to the English version of the Regulations opposite the reference to “FISH SCRAP, STABILIZED, regulated only when transported by ship” in column 1A is replaced by the following:

47 The reference “DÉCHETS DE POISSON STABILISÉS, réglementés seulement lorsqu’ils sont transportés pas navire” in column 1A of Schedule 3 to the French version of the Regulations is replaced by the following:

48 The reference “FARINE DE POISSON STABILISÉE, réglementée seulement lorsqu’elle est transportée pas navire” in column 1A of Schedule 3 to the French version of the Regulations is replaced by the following:

49 Schedule 3 to the Regulations is amended by replacing the reference “9” in column 2 opposite the shipping and/or technical name “Mercurous chloride” in column 1A with the reference “6.1”.

50 Schedule 3 to the Regulations is amended by replacing the shipping and/or technical name “MERCURY COMPOUND, SOLID, N.O.S., excluding mercurous chloride and cinnabar” in column 1A with “MERCURY COMPOUND, SOLID, N.O.S., excluding cinnabar”.

51 Schedule 3 to the Regulations is amended by replacing the shipping and/or technical name “COMPOSÉ SOLIDE DU MERCURE, N.S.A. à l’exception du chlorure mercureux et du cinabre” in column 1B with “COMPOSÉ SOLIDE DU MERCURE, N.S.A. à l’exception du cinabre”.

52 The Regulations are amended by replacing “ship” with “vessel” in the following provisions:

53 The Regulations are amended by replacing “passenger carrying ship” and “passenger-carrying ship” with “passenger carrying vessel”, with any necessary modifications, in the following provisions:

54 The French version of the Regulations is amended by replacing “navire” with “bâtiment”, with any necessary modifications, in the following provisions:

55 The English version of the Regulations is amended by replacing “Passenger-Carrying Road Vehicle or Passenger-Carrying Railway Vehicle” with “Passenger Carrying Road Vehicle or Passenger Carrying Railway Vehicle” in the following provisions:

Transitional Provision

56 A person may, for a period of six months that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day.

Coming Into Force

57 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The marine provisions in the Transportation of Dangerous Goods Regulations (TDG Regulations) were last revised in 2001. The TDG Regulations refer to terms and definitions that are no longer in the Canada Shipping Act, 2001 (CSA 2001) or in regulations made under the CSA 2001, such as the Cargo, Fumigation and Tackle Regulations (CFTR) and the Vessel Certificates Regulations (VCR). In addition, other differences between the TDG Regulations and the CFTR pose challenges for regulatees. Stakeholders requested that the TDG Regulations be harmonized with the CSA 2001 and other Transport Canada regulations to minimize confusion with respect to certain requirements.

One difference in particular between the CFTR and the TDG Regulations is the distance contained in the definition “short-run ferry.” The TDG Regulations define a short-run ferry as “a ship that is operating over the most direct water route between two points not more than 3 km apart,” while the CFTR definition refers to a “direct water route between two points not more than 5 km apart.” This raised concerns and impacted some stakeholders. Since both regulations provided exemptions for short-run ferries, consignors and carriers that transport dangerous goods on ferries with routes between 3 km and 5 km are eligible for exemptions under the CFTR but not under the TDG Regulations. For example, operators of these ferries are not restricted from carrying dangerous goods on board with passengers under the CFTR but are restricted under the TDG Regulations.

The way that the short-run ferry exemption in the TDG Regulations is worded has posed a challenge for regulatees. Misinterpretation of the exemption could lead to non-compliance with parts of the TDG Regulations, which could have potential negative impacts on safety.

The transportation of gasoline and propane is limited to quantities of 100 L and 110 L respectively per means of containment under the TDG Regulations. This means that highway tanks and other means of containment with a capacity of 450 l or more of these dangerous goods cannot be transported on board ferries that travel routes with lengths greater than 3 km if they are carrying more than 25 passengers. Some stakeholders indicated that this restriction has negative impacts on traffic and local businesses.

The TDG Regulations forbid the transport of UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. on vessels with more than 25 passengers. This has been identified as problematic by some stakeholders, as it inadvertently forbids the transport of oxygen-enriched air tanks required by underwater divers on board vessels and for medical purposes in ambulances on board vessels.

Background

The CSA 2001 replaced the old Canada Shipping Act on July 1, 2007, resulting in an updated and also streamlined version of the original Act, making it clearer and easier to understand. The TDG Regulations, however, had not been updated to reflect the new wording, as applicable, in the CSA 2001.

The TDG Regulations and the CFTR both provide exemptions from certain regulatory requirements for the transport of dangerous goods with respect to ferries that meet the definitions of short-run ferry in those regulations. The requirements of the TDG Regulations “that relate solely to the handling, offering for transport or transporting of dangerous goods by ship do not apply to dangerous goods in transport on a road vehicle or railway vehicle that is being transported on board a short-run ferry” (section 1.30 of the TDG Regulations). In practice, this has provided an exemption from obtaining and keeping a shipping document, the quantity limits listed in the passenger-carrying ship index (renamed the passenger carrying vessel index through this amendment), as well as certain placarding requirements for flammable gases. The passenger carrying vessel index lists the maximum quantity of dangerous goods that may be transported, per means of containment, on board a vessel carrying more than 25 passengers (or one passenger for each 3 m of the length of the vessel). The quantity limits in the passenger carrying vessel index are the same as those set out in the International Maritime Dangerous Goods (IMDG) Code, with the exception of the limits for a few dangerous goods, such as some heating fuels, medical equipment and explosives used in construction. The TDG Regulations specify increased limits for these dangerous goods that need to be transported domestically to remote locations by vessel, as other transportation options are limited.

The CFTR include requirements for the loading, unloading and carriage of cargo for marine transportation, as well as requirements regarding fumigation practices aboard vessels and methods for using cargo gear. These requirements provide an exemption for cargo transport units carried on short-run ferries. The CFTR exempt these cargo transport units from the requirements for packaged goods, including requirements related to packaging, packing, carriage of packaged goods, precautions respecting wheeled cargo transport units, reporting of an accident or incident, and loading or unloading of explosives or ammonium nitrate.

Prior to the coming-into-force of the CFTR in 2007, the definition “short-run ferry” in both the TDG Regulations and the Dangerous Goods Shipping Regulations referred to a maximum distance of 3 km. In 2007, the Dangerous Goods Shipping Regulations were replaced by the CFTR and the distance was increased to 5 km. The distance threshold was changed after several decisions by the Board of Steamship Inspection and allowed individual ferries to apply the 5 km maximum distance provision with no noted negative impacts. The TDG Regulations maintained the 3 km distance in the definition. This difference was raised as a concern by some stakeholders.

To comply with the TDG Regulations, some ferry operators that do not meet the conditions to use the short-run ferry exemption have offered designated dangerous goods runs, either at scheduled times throughout the week or when vehicles carrying dangerous goods arrive at the ferry terminal. However, some expressed concerns regarding negative impacts on local businesses and communities and longer wait times for passengers during peak seasons as a result of these designated runs. The dangerous goods of greatest concern for the ferry operators have been gasoline and propane transported in highway tanks. These dangerous goods are needed by local industries, communities and businesses for heating, cooking and vehicle fuel. Following an assessment conducted by Transport Canada to examine risks and determine potential mitigation measures for transporting gasoline and propane on board ferries with passengers, temporary certificates were issued to two ferry operators who had applied for exemptions. These certificates specify conditions that must be met in order to transport these dangerous goods on board ferries with more than 25 passengers.

A survey conducted by Transport Canada in 2015 found that 60 operators provide service on 258 routes across the country. There are 112 ferries with routes of 3 km or less (to which the exemption in the TDG Regulations currently applies) and 17 ferries with routes between 3 km and 5 km long.

Operators identified that the majority of the dangerous goods transported by ferry are either Class 2.1, Flammable Gases, or Class 3, Flammable Liquids. Based on the information available, it is understood that shipments of Class 2.1 and Class 3 dangerous goods primarily involve the transport of gasoline, diesel or propane in highway tanks. While gasoline and propane have limited quantity indexes of 100 L and 110 L respectively when transported on board a passenger carrying vessel, diesel has no quantity restriction for transport with passengers.

Objectives

This amendment has the following objectives:

Description

Updated terminology

Terminology and definitions related to the marine provisions of the TDG Regulations are updated to reflect the terminology and definitions used in the CSA 2001 and in regulations, such as the VCR and the CFTR, that are made under the CSA 2001. References to these terms are updated throughout the TDG Regulations to reflect the changes.

The term “ship” is replaced with “vessel” to align the terminology with that of the CSA 2001. “Vessel” is defined as having the same meaning as in section 2 of the CSA 2001.

The defined term “passenger carrying ship” is replaced with “passenger carrying vessel,” and the definition is aligned with the definitions for passenger carrying vehicles for the other transportation modes (i.e. “that is carrying one or more passengers”). Despite this change, the requirements of the TDG Regulations respecting the transport of dangerous goods other than explosives on board passenger carrying vessels continue to apply only to vessels carrying more than 25 passengers or more than one passenger for each 3 m of length of the vessel. The requirements respecting the transport of explosives on board passenger carrying vessels apply to passenger carrying vessels transporting more than 12 passengers. These requirements are found in a new section 1.10 in the TDG Regulations.

The definition of “passenger” is updated and has the same meaning as the definition of passenger in section 2 of the CSA 2001 instead of the definition in the repealed Canada Shipping Act.

The “passenger-carrying ship index” (column 8 of Schedule 1) is renamed “passenger carrying vessel index.”

The definition “short-run ferry” is repealed to remove discrepancies with the CFTR definition, and references to “short-run ferry” throughout the TDG Regulations are replaced with “passenger carrying vessel” in some cases and, in others, with “vessel that is operating over the most direct water route between two points not more than 5 km apart.”

“Home-trade voyage” is not in the CSA 2001, so this term and the reference to its definition in the repealed Canada Shipping Act are removed from the TDG Regulations and replaced with wording that reflects the intent of the previous version of the TDG Regulations.

The defined term “ro-ro ship” replaces “roll-on roll-off ship” in the English version to align with the term and definition used in the IMDG Code. The French term “navire roulier” remains unchanged. This term is used for a vessel which has one or more decks (either closed or open) that generally run the entire length of the vessel and are not usually subdivided in any way. It carries goods which are normally loaded and unloaded in a horizontal direction (i.e. by driving them on and off the vessel rather than loading them using a crane).

The defined term “inland voyage” is added to the definitions of the TDG Regulations and has the same meaning as in the CFTR.

Marine provisions
Marine Transport — IMDG Code (previously called “International Transport and Home-Trade Voyage, Class I, Transport”)

Requirements for international transport of dangerous goods by marine mode remain the same (i.e. compliance with the IMDG Code and specified provisions in Parts 3, 4, 5 and 8 of the TDG Regulations). The requirements continue to apply when dangerous goods are in transport between Canada and another country except if it is on an inland voyage (in which case requirements of the TDG Regulations apply). They also continue to apply to the transport of dangerous goods between two points outside Canada on board a vessel registered in Canada.

The previous TDG Regulations also required compliance with the IMDG code and the specified provisions in the TDG Regulations if the dangerous goods were transported between two points in Canada on a “home-trade voyage, Class I.” In this amendment, the reference to “home-trade voyage, Class I” is removed and replaced with a description of the geographical area that was previously covered by the term. This change does not alter the application of the requirements but provides clarity by specifying that the requirements apply if the vessel goes more than 120 nautical miles from shore or if it goes south of either the port of New York or Portland, Oregon.

Marine Transport — TDG Regulations (previously called “Domestic Transport”)

Requirements for domestic transport of dangerous goods by marine mode remain the same (i.e. compliance with the TDG Regulations) and continue to apply under the same circumstances as in the previous regulations but the text has been changed to provide clarity. Previously, the domestic transport requirements applied when dangerous goods were being transported “by ship between two points in Canada, other than on a home-trade voyage, Class I.” The regulations now specify that compliance with the requirements of the TDG Regulations is required if dangerous goods are transported between two points in Canada on a voyage during which the vessel is always within 120 nautical miles from shore and no further south than the port of New York or Portland, Oregon.

A provision is added to require compliance with the TDG Regulations when dangerous goods are transported by a vessel between Canada and another country on an inland voyage.

Notification of the loading or unloading of explosives or ammonium nitrate

Notifying the Marine Safety Office of Transport Canada and the harbour master is no longer required under the TDG Regulations prior to the loading or unloading of explosives or ammonium nitrate.

Ferry exemption (previously called “Marine: Short-run Ferry Exemption”)

The short-run ferry exemption (section 1.30 of the TDG Regulations) is renamed “Ferry exemption” and is amended to apply to ferries operating over the most direct water route between two points not more than 5 km apart. Prior to this amendment, the exemption applied to ferries with routes of less than or equal to 3 km. The ferry exemption also lists the specific provisions that do not apply instead of referring to the requirements “that relate solely to the handling, offering for transport or transporting of dangerous goods by ship.”

There were three provisions that were not applicable in respect of short-run ferries under the TDG Regulations that are listed in the ferry exemption. The following provisions continue not to apply:

  1. Paragraph 3.6(3)(a), which requires the indication of a marine pollutant and the flash point on the shipping document;
  2. Subsection 4.16(3), which requires the flammable gas placard be displayed on a road or railway vehicle containing a flammable gas if it is transported by vessel despite the provision that allows the DANGER placard to be used on a large means of containment containing two or more dangerous goods; and
  3. Paragraph 4.16.1(2)(d), which requires that a flammable gas placard be displayed on a road or rail vehicle containing a flammable gas if it is transported by vessel even if the gross mass of the flammable gas is less than or equal to 500 kg.

Thus, the flash point and marine pollutant indication are not required on the shipping document. The DANGER placard is allowed to be displayed on a road or railway vehicle containing two or more dangerous goods even if one of those goods is a flammable gas. A road or rail vehicle does not have to display a placard for Class 2.1, Flammable Gases, if the gross mass of the flammable gas is less than or equal to 500 kg.

There are three provisions that did not apply to short-run ferries prior to this amendment but which now do. They are the following:

  1. Section 1.6, which requires that the limits indicated in the passenger carrying vessel index under column 8 of Schedule 1 must be met if dangerous goods are transported on board a vessel that is carrying more than 25 passengers, or more than one passenger for each 3 m of the length of the vessel;
  2. Section 3.9, which requires that the master of the vessel have a copy of the shipping document readily available on or near the bridge of the vessel; and
  3. Paragraph 8.4(4)(d), which requires reporting of a release or anticipated release of dangerous goods to a Vessel Traffic Services Centre or a Canadian Coast Guard radio station.
Exemption for propane and gasoline in highway tanks on board passenger carrying vessels

A new exemption (section 1.30.1) is added that allows the transport of highway tanks carrying gasoline or propane on passenger carrying ferries (i.e. carrying more than 25 passengers) operating over the most direct water route between two points not more than 5 km apart if the following conditions are met:

Other amendments

This amendment removes the requirement to indicate the flash point on a small means of containment for transport by vessel by repealing section 4.13.

This amendment amends the passenger carrying vessel index to include a new limit of 25 L for UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. Prior to this amendment it was forbidden for transport on a vessel carrying more than 25 passengers.

The reference to the Dangerous Goods Shipping Regulations is removed from the list of topics on which a person must be trained under the TDG Regulations.

This amendment also corrects several typographical and miscellaneous errors in the TDG Regulations. Changes include revision of Schedule 3 to correct the primary class for mercurous chloride and the removal of mercurous chloride from the list of exemptions in Miscellaneous Special Cases in Part 1 to reflect the recent change in the classification of this dangerous good in the IMDG Code.

Safety mark requirements for anhydrous ammonia contained in an intermediate bulk container (IBC) are removed from the TDG Regulations as this type of means of containment cannot be used to transport anhydrous ammonia.

Several references and chapter names from the International Civil Aviation Organization Technical Instructions (ICAO TIs) are updated in Part 12, Air, to reflect those in the most recent version of the ICAO TIs. The packing instructions for vehicles, engines and machinery are also updated to align with the packing instructions in the current ICAO TIs.

Some references in the requirements for large means of containment in Part 5, Means of Containment, are updated to reflect references in the most recent version of the National Standard of Canada CAN/CGSB-43.146, “Design, manufacture and use of intermediate bulk containers for the transportation of dangerous goods, classes 3, 4, 5, 6.1, 8 and 9.”

The table with respect to types of packaging for infectious substances in Part 5, Means of Containment, is removed as those types of means of containment are no longer required under the TDG Regulations.

“One-for-One” Rule

The requirement to report a release or anticipated release of dangerous goods on board a ferry has been identified as administrative burden on industry. The new exemption for transporting gasoline and propane in highway tanks on ferries has been identified as reducing administrative burden on industry. Overall, this amendment yields a small reduction in net administrative burden costs (an “OUT”) and the “One-for-One” Rule therefore does not apply.

A cost-benefit analysis has been conducted to assess the impact of the amendment on stakeholders where a 10-year (2018–2027) time period and a 7% discount rate were used.

Changes to short-run ferry exemption — Release reporting

The new requirement to report to the Canadian Coast Guard or the Vessel Traffic Services Centre when there is a release or anticipated release of dangerous goods on board ferries that travel 3 km or less results in a slight increase in administrative cost to the person who has possession of the dangerous goods (carrier) at the time of the release. It is estimated that approximately four of these reports will be required each year as a result of a release or anticipated release of dangerous goods on board a ferry with a route of 3 km or less. Each report is estimated to take seven minutes. The present value of the estimated cost is $98 with an estimated annualized value of $14.

New exemption for propane and gasoline in highway tanks on board passenger carrying vessels — Temporary certificates

The addition of the exemption in section 1.30.1 will decrease administrative burden for the two operators of ferries with routes between 3 km and 5 km that hold temporary certificates at the time of publication of this amendment to transport gasoline and propane in highway tanks on board with passengers, as they will no longer be required to apply for them. Operators must reapply for a temporary certificate every two years, and it is estimated that an application requires approximately three hours to complete. The present value of the estimated cost is $628 with an annualized value of $89. This represents an “OUT,” as the burden of having to apply for these certificates will be removed under this amendment.

Therefore, the amendment results in administrative burden cost reductions of $539 over a 10-year period, or $75 per year. For the purposes of offsetting administrative burden costs under the Red Tape Reduction Act, annualized administrative burden costs are converted to 2012 dollars with a present value base year of 2012, and the amendment therefore results in an “OUT” of $54.

Small business lens

This amendment does not fall within the area of applicability of the small business lens, as the total annualized costs on small businesses are under $1 million. Overall, the regulations are expected to have a low impact on the industry, imposing a cost of $247,771 annually.

Consultation

Proposed changes with respect to provisions for short-run ferries and differences between the TDG Regulations and the CFTR were presented to the TDG General Policy Advisory Council, composed of over 40 different industry associations, during a semi-annual meeting held in Fall 2015. A Web consultation on the proposed amendment was initiated on February 10, 2016, followed by an 18-day comment period. Eight submissions were received during the consultation period from various stakeholders including provincial governments and provincial ferry services, a company that ships dangerous goods, industry associations representing operators, shippers, carriers and manufacturers of dangerous goods, and provincial police.

Comments received showed support for the proposal. Specifically, support was expressed for updating terminology, reducing inconsistencies with the CFTR, revision of the ferry exemption, repealing the requirement to include the flash point for Class 3, Flammable Liquids, on small means of containment transported by vessel, and repealing the requirement to notify of the loading or unloading of explosives or ammonium nitrate from a vessel.

Following the consultations, Transport Canada made changes to the proposed amendment based on comments received. These changes included increasing the new limit proposed in the passenger carrying vessel index for UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. from 18 L to 25 L. Changes with respect to the conditions in the proposed new ferry exemption included reducing the distance that a highway tank must be parked from other road vehicles from 3 m to 1 m, removing the condition requiring the operator to ensure that the dangerous goods are in a means of containment that meets the requirements of the TDG Regulations prior to loading it on the ferry and removing the condition that the ferry operator determine whether a highway tank has been visually inspected by the driver.

The proposed amendment was published in the Canada Gazette, Part I, on April 1, 2017, followed by a 30-day public comment period. Eight submissions were received during the comment period from various stakeholders, including industry associations, provincial governments and a propane supplier. Comments received were taken into consideration in the development of this amendment.

Comments received showed support for many aspects of the proposal. Specifically, support was expressed for updating terminology such as “ship” and “home-trade voyage, Class I” to align with terminology used in the CSA 2001. Stakeholders were supportive of reducing inconsistencies between the TDG Regulations and the CFTR.

Comments received identified unintended impacts for some regulatees who transport dangerous goods by vessel as a result of the proposal to replace “home-trade voyage, Class I” and “other than on a home-trade voyage, Class I” with terms that are currently used under the CSA 2001. The proposed terminology changed the scope of the regulations and made the requirements more stringent. Since the voyage terms in the VCR do not cover the exact same geographical areas as those covered in the previous TDG Regulations, some regulatees who were required to comply with domestic requirements for marine transport under the previous TDG Regulations would have been required to comply with the more stringent international requirements (IMDG Code) under the proposal. In particular, this would have had a negative impact on transport between Nova Scotia and Newfoundland and between Quebec and Nunavut. It was not the intent of Transport Canada. There was no intention to change the scope of the geographical area to which these regulatory requirements apply. As a result, the terms “near coastal voyage, Class 1,” “near coastal voyage, Class 2,” “unlimited voyage” and “sheltered waters voyage” are not used. Instead, the term “home-trade voyage, Class I” has been replaced with text that describes the area that was covered in the previous version of the TDG Regulations.

Stakeholders supported the proposed amendment of the ferry exemption to clarify which provisions they would be exempt from. It was asked why the ferry exemption does not provide exemption from the requirement in 4.22(1) to display the marine pollutant mark. An exemption from this provision is not required in the ferry exemption as paragraph 4.22(2)(a) states that the requirement does not apply when marine pollutants are transported on board a road vehicle or railway vehicle on a ro-ro ship. Since the ferries to which the exemption applies would meet the definition of ro-ro ship, they are exempt and therefore no additional exemption is required.

One ferry owner stated that the revised distance in the ferry exemption will enable them to standardize operating procedures for their ferries and will benefit both operators and passengers. The ferry owner also expressed support for the new exemption for transporting highway tanks of gasoline and propane on ferries with passengers.

It was asked why the new exemption for transporting highway tanks of gasoline and propane does not address the transport of diesel on board a vessel with passengers. The amount of diesel that may be transported is not restricted on passenger carrying vessels (there is no limit for diesel in the passenger carrying vessel index) thus no exemption is needed to transport it. This is because diesel has a higher flash point (the minimum temperature to which it must be heated to produce enough vapour to allow a vapour flash to occur in the presence of an ignition source) which decreases the risks of ignition during transport.

It was suggested that the exemption also apply to the transport of UN1075, LIQUIFIED PETROLEUM GASES, in highway tanks on ferries since propane is sometimes transported under this UN number. The exemption does not apply to UN1075 as there are multiple dangerous goods (such as butane and propylene) that can be transported under that UN number and Transport Canada wants to limit the exemption to gasoline and propane. Gasoline and propane are the dangerous goods that stakeholders have identified as posing challenges for local traffic and businesses when transported in highway tanks on ferries. As the exemption decreases safety, Transport Canada is limiting it to the transport of the two dangerous goods for which temporary certificates have been issued. Propane transported as UN1075 may be transported under the new exemption because the special case 1.32.1 allows the use of UN1075 for UN1978, PROPANE.

One stakeholder suggested that a safety perimeter of 1.5 m around a highway tank containing gasoline or propane on a ferry carrying passengers would provide an acceptable margin of safety. Transport Canada has kept the distance at 1 m as was proposed in the Canada Gazette, Part I, as this aligns with the perimeter requirement in the CFTR.

A propane supplier recommended that a condition be added to the exemption to ensure that the tank truck is located in a well-ventilated area where gases cannot accumulate in the passenger carrying vessel. In response, Transport Canada has added the condition that the tank car must be located on the ferry deck.

One ferry owner indicated that they would not use the exemption for propane and gasoline in highway tanks on passenger carrying vessels as they do not currently meet the condition regarding fixed extinguishing equipment and do not intend to invest in it.

Support was expressed for the proposal to allow UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. in quantities up to 25 L on board a passenger carrying vessel.

Stakeholders supported harmonizing with the IMDG Code and the 49 CFR by removing the requirement to include the flashpoint on a small means of containment when it is transported by vessel.

Stakeholders requested clarification regarding certain definitions and aspects of the revised ferry exemption and the new exemption for transporting propane and gasoline in highway tanks on board passenger carrying vessels. Clarification and further explanation will be included in awareness material developed by Transport Canada.

Rationale

Updated terminology

Updating the marine terminology used in the TDG Regulations, including replacement of the term “home-trade voyage, Class I” in Part 11, maintains the current intent of the TDG Regulations while providing clarity. Where appropriate, harmonization of terms and their definitions in the TDG Regulations with those found in other Canadian legislation and regulations will reduce confusion and increase efficiency for consignors, carriers and vessel operators, thereby decreasing burden on industry.

Addition of the provision under the domestic transport requirements for dangerous goods transported on an inland voyage clarifies the intent of the previous TDG Regulations. The previous version of the TDG Regulations required that international requirements be met when dangerous goods are in transport between Canada and another country, if the voyage is not an inland voyage. The intent was that domestic requirements would apply when dangerous goods are in transport on an inland voyage, however, the TDG Regulations did not specifically state this. The added provision provides this clarity.

Notification of the loading or unloading of explosives or ammonium nitrate

The requirement to notify the harbour master and the Marine Safety Office of Transport Canada of the loading or unloading of explosives or ammonium nitrate from a vessel is removed from the TDG Regulations, as the CFTR also requires it. Having the requirement in only one regulation eliminates duplication and confusion for regulatees.

Ferry exemption (previously called “Marine: Short-run Ferry Exemption”)

Revision of the short-run ferry exemption (section 1.30) in the TDG Regulations to provide an exemption for ferries travelling distances of not more than 5 km eliminates the discrepancy between the distances for ferries that are exempt in the TDG Regulations (previously not more than 3 km) and in the CFTR (not more than 5 km) and addresses concerns raised by some stakeholders. Listing all of the provisions that do not apply to a regulatee provides clarity. This clarity will benefit consignors and carriers who transport dangerous goods on board these ferries and will have a positive impact on compliance rates, as regulatees will have a better understanding of the regulatory requirements.

Ferry operators are no longer exempt from having a copy of the shipping document on the ferry. This information must be readily available to the master of the vessel in case of an emergency and will increase safety on board the vessel. It is required in the United States 49 CFR.

The exemption from the requirement to report a release or anticipated release of dangerous goods to a Vessel Traffic Services Centre or a Canadian Coast Guard radio station under Part 8 of the TDG Regulations was an unintentional result of the wording in the short-run ferry exemption and is removed under this amendment. Immediate reporting to these entities is needed to provide officials with information to allow them to assess the severity of an incident and to assist first responders during their intervention. The information collected is also needed to conduct risk analysis to help maintain public safety.

Under this amendment, ferries with routes of 3 km or less are no longer exempt from the limits in the passenger carrying vessel index. Communications with ferry operators and results of the survey conducted by Transport Canada indicate that consignors and carriers who transport dangerous goods on ferries do not generally have difficulties meeting the quantity limits; the exceptions being the limits for gasoline and propane. Prior to this amendment, short-run ferries that were using the exemption were doing so primarily to transport gasoline and propane in highway tanks. They were transporting most other dangerous goods in quantities less than or equal to those prescribed in the index; thus removal of the exemption from the passenger carrying vessel index should have only a minor effect on consignors and carriers. Although most ferries that were exempt from certain requirements under the short-run ferry exemption didn’t transport dangerous goods other than gasoline and propane in quantities above the passenger carrying vessel index limits, this amendment will ensure that those limits are not exceeded in the future, which will provide increased safety for Canadians.

New exemption for propane and gasoline in highway tanks on board passenger carrying vessels

The new exemption for highway tanks carrying gasoline and propane on board ferries addresses concerns raised by some stakeholders regarding negative impacts on local businesses and wait times for passengers due to designated dangerous goods runs. This new exemption will improve access to propane and gasoline, as their delivery is no longer restricted to dangerous goods runs. Ease of access to these fuels will provide improved quality of life for residents who rely on them. Some ferries with routes between 3 km and 5 km long transport dangerous goods several times per week according to a set schedule. Carriers that previously had to transport gasoline or propane according to these designated dangerous goods run schedules will benefit from the flexibility afforded by not having to plan deliveries around them. The amendment is expected to have a positive impact on wait times for ferry passengers that currently use ferries with routes that cover distances between 3 km and 5 km and that have designated dangerous goods runs.

By amending the TDG Regulations to allow gasoline and propane to be transported in highway tanks on passenger carrying ferries that travel distances of up to 5 km affects the level of safety for ferries that travel distances between 3 km and 5 km, as this was not allowed so prior to this amendment. While there are few reports of past accidents involving dangerous goods on board ferries, there are potential risks related to the transport of these large volumes of flammable dangerous goods on ferries with passengers. Ferries present a special set of circumstances, as accessibility by emergency responders is limited and evacuation is not a viable option in most cases. In many situations, an emergency response vessel may not be immediately available in the area where the ferry is operating and may need to be transported to a launch site before it can set out towards the ferry. The amendment aims to limit the safety risks by setting out criteria that must be met in order to use this new exemption, to ensure precautions are taken and measures are in place to respond to an emergency.

The introduction of these conditions will increase safety for passengers travelling on ferries with routes up to 3 km that used the short-run ferry exemption prior to this amendment to transport highway tanks of gasoline and propane on board with passengers, as there were no conditions to be met in order to obtain an exemption in the previous version of the TDG Regulations.

The exemption includes the condition that a highway tank containing gasoline or propane be visually inspected for evidence of leaks or other signs of damage prior to being loaded on a ferry, since the most probable scenarios for incidents involving these dangerous goods on ferries are the result of leaking or spilling. Minimizing the chance of a leak from a highway tank on board a ferry will improve safety.

Several conditions are imposed to decrease the risk of ignition during transport should there be a leak of gasoline or propane from a means of containment. One condition of the exemption is that the tank truck be located on deck where gases cannot accumulate in case of a leak. Another condition is that a safety perimeter of at least 1 m be established around the tank truck. This is similar to a condition for using the short-run ferry exemption in the CFTR. The safety perimeter would reduce the chance of contact between passengers and the tank and will also reduce the risk of potential damage to a highway tank while being transported on the ferry. The engine of the highway tank must not be restarted for the duration of the ferry voyage if it is shut off after boarding, since sparks could ignite gasoline or propane if there is a leak. This condition is similar to a requirement in the 49 CFR, but, whereas the 49 CFR requires motor and vehicle lights to be shut off for the duration of the voyage, Transport Canada is allowing them to run to keep heaters working during cold weather or air conditioning during hot weather as long as they are not restarted, since it is ignition that poses the greater risk. Another condition to decrease the risk of ignition is the placement of notices prohibiting smoking, use of an open flame or use of spark-producing equipment where they are visible to passengers. This condition is similar to requirements in the CFTR and in the 49 CFR which prohibit smoking and the use of spark-producing equipment. A flammable gas detector is also required on board the ferry for early detection of leaks. A gas detector could be used to confirm the presence of a leak if one is suspected.

As evacuation is not a viable option in most cases when there is an incident on a ferry and emergency responders are not easily able to reach the site, emergency equipment on board the ferry is necessary so that vessel operators can react quickly should an emergency arise. In order to use the exemption, extinguishing equipment, including foam cannon units capable of providing coverage for the highway tank and absorbing material, must be installed on board the vessel.

Other conditions are included to ensure that the vehicle remains stationary and monitored during transport. The condition that the parking brakes of the tank truck be set securely aligns with requirements in the CFTR and the 49 CFR. The condition that the driver of the tank truck remain with the vehicle while it is on the vessel is also a requirement of the 49 CFR regarding the transport of vehicles containing hazardous materials on board ferry vessels. The requirement for the vessel’s master to ensure that the tank truck is constantly monitored by a crew member while it is on board is a requirement in the CFTR when service vehicles carrying propane are transported on vessels. The IMDG Code also requires regular inspections of storage spaces of dangerous goods throughout the voyage.

The addition of this new exemption will decrease the burden for operators of ferries with routes between 3 km and 5 km in distance that might want to transport gasoline and propane in highway tanks on board with passengers, as they are no longer required to apply for temporary certificates in order to request approval to do so. There are currently two operators that have these temporary certificates.

Other amendments

Removal of the requirement to indicate the flash point on a small means of containment for transport by vessel aligns the TDG Regulations with the IMDG Code and 49 CFR, which do not require it.

The amendment to the passenger carrying vessel index to allow UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. to be transported on passenger carrying vessels in quantities of up to 25 L enables oxygen-enriched air tanks to be carried on board by underwater divers and oxygen-enriched air tanks required for medical purposes to be transported in ambulances on board vessels.

Costs
Ferry exemption (previously called “Marine: Short-run Ferry Exemption”)

A slight cost increase is expected for the few consignors and operators of ferries that travel up to 3 km that currently transport dangerous goods other than gasoline and propane under the exemption in section 1.30, as they are no longer able to use the exemption. They will have to transport those dangerous goods in quantities that meet the limits in the passenger carrying vessel index, on designated dangerous goods runs, or find an alternate way to ship the goods. This cost is expected to be minimal, as ferry operators have indicated that very few currently use the exemption to transport dangerous goods other than gasoline and propane.

Release reporting

There will be a slight increase in administrative costs to a person who has possession of dangerous goods (carrier) at the time of a release or anticipated release of dangerous goods on board a ferry that travels up to 3 km, as they are no longer exempt from reporting to the Canadian Coast Guard or the Vessel Traffic Services Centre.

Conditions of exemption for propane and gasoline in highway tanks on board passenger carrying vessels

There will be costs to ferry operators associated with the implementation of some of the conditions for transporting gasoline and propane in highway tanks on passenger carrying ferries. Results of the survey conducted by Transport Canada indicate that many ferry operators, including those with routes under 3 km that met the conditions to use the short-run ferry exemption prior to this amendment, choose to have designated dangerous goods runs. There will be no additional costs for ferry operators if they continue to have designated runs and not use the new exemption for propane and gasoline in highway tanks. The conditions of the exemption only have to be met if they choose to use the exemption. It is expected that operators of ferries with routes less than or equal to 3 km that currently have designated dangerous goods runs will continue to do so and will not choose to use the new exemption set out in section 1.30.1 thus they are not considered to have increased costs.

If the ferry operators choose to use the exemption, they will be required to have extinguishing equipment, including foam cannons, on board. Some ferry operators have indicated that they already have emergency equipment in place on board when transporting dangerous goods thus the costs for them to meet the conditions necessary to use the exemption will be low. Many ferries already have firefighting equipment but do not have the foam cannons that are required under the exemption. The cost of retrofitting the existing firefighting equipment to include foam cannons on ferries is approximately $5,000. Ferries that do not have firefighting equipment on board will have to install a new system, which would cost approximately $100,000. The annual maintenance cost of the firefighting equipment is approximately $5,000. Training of crew members with respect to the use of firefighting equipment costs about $8,000.

Another condition of the exemption is that a flammable gas detector must be available on board the ferry. A flammable gas detector costs approximately $100 and associated operator training is estimated to be approximately $2,900.

Of the 112 ferries that met the conditions of the short-run ferry exemption under section 1.30 of the TDG Regulations prior to this amendment (ferries with routes less than or equal to 3 km), 71 confirmed that they did not transport dangerous goods on board with passengers. It is assumed that they will continue this practice. The other 41 ferries with routes of 3 km or less either indicated that they did carry dangerous goods with passengers or they did not provide the information to Transport Canada. Based on available data, 20 of those 41 ferries are too small to carry both a tank truck and vehicles containing more than 25 passengers. Thus it is estimated that there are 21 ferries that might choose to use the new exemption to transport gasoline or propane in highway tanks on board with passengers. This number is used to estimate the costs of this proposal; however, it is most likely high, as it is expected that many ferry operators will choose to have designated runs instead of meeting the conditions necessary to use the exemption, as was indicated in comments submitted by one stakeholder. It is assumed that most have some form of firefighting equipment on board and would need to retrofit it with foam cannons, while a few would need to install a complete firefighting system.

Of the 17 ferries with routes between 3 km and 5 km, there are 13 that provide the only means of access to the islands that they service. It is assumed that all 13 of these ferries might opt to use the exemption. Two of those ferries are already operating under temporary certificates and have the required equipment in place, so there will be no installation costs for them. Based on the data available to Transport Canada, it is assumed that the other 11 ferries already have firefighting equipment but may require a retrofit to include foam cannons.

The estimated annualized cost of meeting the conditions is $247,685, however, the number of ferries used to estimate this cost is most likely high since, as mentioned above, it is expected that many ferry operators will consider having designated dangerous goods runs preferable to using the exemption.

Temporary certificates

The addition of the exemption for propane and gasoline in highway tanks will decrease administrative burden for operators of ferries with routes between 3 km and 5 km that want to transport these dangerous goods on board with passengers, as they are no longer required to apply for temporary certificates in order to request approval to do so.

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:

Compliance with the Transportation of Dangerous Goods 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. This amendment is anticipated to have a minor impact on TDG inspectors. Information will be provided to them to keep them updated and aware of the new requirements.

Contact

Geneviève Sansoucy
Chief
Regulatory Development Division
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca