Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update): SOR/2026-127

Canada Gazette, Part II, Volume 160, Number 13

Registration
SOR/2026-127 June 12, 2026

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

P.C. 2026-607 June 12, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update) under subsection 27(1)footnote a of the Transportation of Dangerous Goods Act, 1992 footnote b.

Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update)

Amendments

1 (1) The definition TP 14877 in section 1.3.1 of the Transportation of Dangerous Goods Regulations footnote 1 is repealed.

(2) Section 1.3.1 of the Regulations is amended by adding the following in alphabetical order:

CGSB-43.147
means the National Standard of Canada CAN/CGSB-43.147, Containers for transport of dangerous goods by rail, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.147)
CGSB-43.149
means the National Standard of Canada CAN/CGSB-43.149, Ton containers for the transportation of dangerous goods, published by the Canadian General Standards Board (CGSB), as amended from time to time. (CGSB-43.149)

2 Paragraph 1.3.2(d.1) of the Regulations is replaced by the following:

3 Section 1.3.3 of the Regulations and the heading before it are repealed.

4 The heading “150 kg Gross Mass Exemption” before section 1.15 of the Regulations is replaced by the following:

150 kg Gross Mass

5 The portion of subsection 1.15(1) of the Regulations before paragraph (a) is replaced by the following:

1.15 (1) Parts 3 to 6, 8 and 17 do not apply to the offering for transport, handling or transporting of dangerous goods if

6 The heading before section 1.16 of the Regulations is replaced by the following:

500 kg Gross Mass

7 The heading before section 1.17 of the Regulations is replaced by the following:

Limited Quantities

8 Subsection 1.17(2) of the Regulations is replaced by the following:

(2) Parts 3 to 8 and 17 do not apply to the offering for transport, handling or transporting of limited quantities of dangerous goods if each means of containment is legibly and durably marked on one side, other than a side on which it is intended to rest or be stacked during transport, with the mark illustrated in subsection (5).

9 The heading before section 1.17.1 of the Regulations is replaced by the following:

Excepted Quantities

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

(7) Si des documents d’expĂ©dition ou d’autres documents accompagnent des marchandises dangereuses en quantitĂ©s exceptĂ©es, ils doivent porter la mention « marchandises dangereuses en quantitĂ©s exceptĂ©es Â» ou « dangerous goods in excepted quantities Â» et indiquer le nombre de contenants extĂ©rieurs.

11 (1) Subparagraphs 1.18(a)(i) and (ii) of the French version of the Regulations are replaced by the following:

(2) Paragraph 1.18(b) of the Regulations is replaced by the following:

12 The Regulations are amended by adding the following after section 1.18:

Class 7, Radioactive Materials, Medical Purposes

1.18.1 These Regulations do not apply to the offering for transport, handling or transporting of dangerous goods included in Class 7 on a road vehicle, a railway vehicle or a vessel on a domestic voyage

13 The heading before section 1.19 of the Regulations is replaced by the following:

Samples for Inspection or Investigation

14 The heading before section 1.19.1 of the Regulations is replaced by the following:

Samples for Classifying, Analyzing or Testing

15 The heading before section 1.19.2 of the Regulations is replaced by the following:

Samples for Demonstration

16 The heading before section 1.21 of the Regulations is replaced by the following:

Agriculture — 1 500 kg Gross Mass on Farm Vehicle

17 The portion of subsection 1.21(1) of the Regulations before paragraph (a) is replaced by the following:

1.21 (1) Parts 3 to 6 and 17 do not apply to the offering for transport, handling or transporting of dangerous goods on a road vehicle licensed as a farm vehicle if

18 The heading before section 1.22 of the Regulations is replaced by the following:

Agriculture — 3 000 kg Gross Mass for Retail

19 The heading before section 1.23 of the Regulations is replaced by the following:

Agriculture — Pesticides

20 The portion of subsection 1.23(1) of the Regulations before paragraph (a) is replaced by the following:

1.23 (1) Part 3, the requirements for the display of a UN number in section 4.15 and Parts 6 and 17 do not apply to a solution of pesticides in transport on a road vehicle if

21 The heading before section 1.24 of the Regulations is replaced by the following:

Agriculture — Anhydrous Ammonia

22 The portion of section 1.24 of the Regulations before paragraph (a) is replaced by the following:

1.24 Parts 3, 7 and 17 do not apply to UN1005, ANHYDROUS AMMONIA if it is

23 The heading before section 1.26 of the Regulations is replaced by the following:

Emergency Response

24 The heading before section 1.27 of the Regulations is replaced by the following:

Law Enforcement Officers

1.26.1 These Regulations do not apply to the offering for transport, handling or transporting of dangerous goods by a federal, provincial or municipal officer if the dangerous goods are in quantities necessary to allow the officer to carry out their duties with respect to the enforcement of federal, provincial or municipal law.

Operation of a Means of Transport or a Means of Containment

25 Paragraph 1.27(1)(d) of the Regulations is replaced by the following:

26 (1) Subparagraphs 1.28(b)(i) and (ii) of the Regulations are replaced by the following:

(2) Paragraph 1.28(d) of the Regulations is repealed.

27 Section 1.30 of the Regulations and the heading before it are replaced by the following:

Ferries

1.30 Paragraph 3.5(1)(f), subsection 4.16(3), paragraph 4.16.1(2)(d) and Part 17 do not apply to dangerous goods in transport on a road vehicle or railway vehicle that is being transported on a vessel that is operating over the most direct water route between two points that are not more than 5 km apart.

28 The portion of section 1.30.1 of the Regulations before paragraph (a) is replaced by the following:

1.30.1 Subsection 1.6(1), paragraph 3.5(1)(f) and Part 17 do not apply to dangerous goods that are UN1203, GASOLINE or MOTOR SPIRIT or PETROL or UN1978, PROPANE, and are in a highway tank that is being transported by a tank truck on 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:

29 The heading before section 1.31 of the Regulations is replaced by the following:

Class 1, Explosives

30 Section 1.32 of the Regulations and the heading before it are repealed.

31 The heading before section 1.32.3 of the Regulations is replaced by the following:

Class 2, Gases, in Small Means of Containment

32 The portion of section 1.32.3 of the Regulations before paragraph (a) is replaced by the following:

1.32.3 Parts 3, 6 and 17 do not apply to dangerous goods that are transported in one or more small means of containment on a road vehicle solely on land if

33 The heading before section 1.33 of the Regulations is replaced by the following:

Class 3, Flammable Liquids

34 The portion of section 1.33 of the Regulations before paragraph (a) is replaced by the following:

1.33 Parts 3 to 7, 9, 10 and 17 do not apply to the offering for transport, handling or transporting of dangerous goods included in Class 3 if they

35 Subsection 1.34(1) of the Regulations is replaced by the following:

1.34 (1) Substances that have a flash point greater than 60°C but less than or equal to 93°C may be transported as if they were included in Class 3 and Packing Group III. In that case, the requirements of these Regulations that relate to flammable liquids included in Class 3 must be met, except those set out in paragraph 7.2(1)(f) and Part 17.

36 Section 1.35 of the Regulations, the heading before it and the heading after it are replaced by the following:

UN1202, DIESEL FUEL or UN1203, GASOLINE

1.35 Part 3, sections 4.12 and 4.15.2 and Parts 6 and 17 do not apply to the offering for transport, handling or transporting, on a road vehicle, of dangerous goods that are UN1202, DIESEL FUEL or UN1203, GASOLINE, if

Class 3, Flammable Liquids, Alcoholic Beverages and Aqueous Solutions of Alcohol

37 (1) The portion of section 1.36 of the Regulations before paragraph (a) is replaced by the following:

1.36 Parts 3 to 10 and 17 do not apply to the offering for transport, handling or transporting of

(2) Subparagraphs 1.36(a)(ii) and (iii) of the Regulations are replaced by the following:

(3) Subparagraph 1.36(b)(ii) of the French version of the Regulations is replaced by the following:

38 The heading before section 1.39 of the Regulations is replaced by the following:

Class 6.2, Infectious Substances, UN3373, BIOLOGICAL SUBSTANCE, CATEGORY B

39 The heading before section 1.41 of the Regulations is replaced by the following:

Biological Products

40 Paragraph 1.41(a) of the Regulations is replaced by the following:

41 The heading before section 1.42 of the Regulations is replaced by the following:

Human or Animal Specimens

42 The heading before section 1.42.1 of the Regulations is replaced by the following:

Tissues or Organs for Transplant

43 The heading before section 1.42.2 of the Regulations is replaced by the following:

Blood or Blood Components

44 Paragraph 1.42.3(a) of the Regulations is replaced by the following:

45 The heading before section 1.43 of the Regulations is replaced by the following:

Class 7, Radioactive Materials

46 (1) Paragraph 1.43(a) of the Regulations is replaced by the following:

(2) Paragraph 1.43(c) of the Regulations is replaced by the following:

47 Section 1.44 of the Regulations is replaced by the following:

Radioactive Materials — Unknown Classification

1.43.1 Parts 2 to 7, 9 and 17 do not apply to the offering for transport, handling or transporting of goods that include radioactive materials whose classification is unknown and cannot be readily determined, and that satisfy the conditions set out in paragraph 2(2)(n) or (o) of the Packaging and Transport of Nuclear Substances Regulations, 2015.

Residues of Dangerous Goods in a Drum or IBC

1.44 Parts 2 to 4, 7 and 17 do not apply to a residue contained in a drum or an IBC, except for a residue of dangerous goods included in Packing Group I or in Class 1, 4.3, 6.2 or 7, if

48 Section 1.45.1 of the Regulations and the heading before it are replaced by the following:

Marine Pollutants

1.45.1 Parts 3, 4 and 17 do not apply to a substance that is included in Class 9 under subparagraph 2.43(b)(ii) if it is in transport on a road vehicle or railway vehicle solely on land. However, the substance may be identified as a marine pollutant on a shipping document and the required dangerous goods marks may be displayed while the substance is in transport by road vehicle or railway vehicle.

49 (1) The portion of section 1.46 of the Regulations before paragraph (a) is replaced by the following:

1.46 These Regulations, except for Parts 1 and 2, do not apply to the following dangerous goods:

(2) Subparagraph 1.46(c)(iii) of the Regulations is replaced by the following:

(3) Section 1.46 of the Regulations is amended by striking out “or” at the end of paragraph (k), by adding “or” at the end of paragraph (p) and by adding the following after paragraph (p):

50 The heading before section 1.47 of the Regulations is replaced by the following:

UN1044, FIRE EXTINGUISHERS

51 The heading before section 1.49 of the Regulations is replaced by the following:

Cylinders

52 The portion of subsection 1.49(1) of the Regulations before paragraph (a) is replaced by the following:

1.49 (1) Subsection 5.1.1(1), section 5.10 and Part 17 do not apply to the offering for transport, handling or transporting of dangerous goods in a cylinder on a road vehicle or an aircraft if

53 The heading before section 1.50 of the Regulations is replaced by the following:

Hot Air Balloon Cylinders

54 The portion of subsection 1.50(1) of the Regulations before paragraph (a) is replaced by the following:

1.50 (1) Sections 5.1.1, 5.2 and 5.5, subsection 5.10(1) and Part 17 do not apply to the offering for transport, handling or transporting of UN1978, PROPANE in a cylinder if

55 The portion of section 1.51 of the Regulations before paragraph (a) is replaced by the following:

1.51 Parts 3 to 6, 8 and 17 do not apply to the importing, offering for transport, handling or transporting of dangerous goods that are UN1002, AIR, COMPRESSED, UN1046, HELIUM, COMPRESSED or UN1066, NITROGEN, COMPRESSED if

56 Section 2.14.2 of the Regulations is replaced by the following:

2.14.2 These Regulations, except for Parts 1 and 2, do not apply to gases included in Class 2.2 that are contained

57 Subsection 3.5(3) of the Regulations is replaced by the following:

(3) Paragraph (1)(d) does not apply to a means of containment containing a residue of dangerous goods, other than a residue of dangerous goods included in Class 2 that is contained in a small means of containment or a residue of dangerous goods included in Class 7, and the words “Residue” or “RĂ©sidu” or “Residue – Last Contained” or “RĂ©sidu – dernier contenu” may be added before or after the description of the dangerous goods if

58 Section 4.1 of the Regulations and the heading after it are replaced by the following:

4.1 A person must not import, offer for transport, handle or transport a means of containment or an unpackaged article that contains dangerous goods unless each dangerous goods mark required by this Part and illustrated in the appendix to this Part or in Chapter 5.2 or 5.3 of the English or French version of the UN Recommendations is displayed on the means of containment or unpackaged article in accordance with this Part.

Voluntary Display of Dangerous Goods Marks

59 The portion of section 4.1.1 of the Regulations before paragraph (a) is replaced by the following:

4.1.1 If a person transports dangerous goods on a road vehicle or railway vehicle and the person voluntarily displays dangerous goods marks on the vehicle, the following provisions apply:

60 Section 4.15.4 of the Regulations and the heading before it are replaced by the following:

Visibility of Placards and UN Numbers on a Large Means of Containment

4.15.4 (1) If a large means of containment that has labels, placards, labels and UN numbers, or placards and UN numbers displayed on it is inside another large means of containment or inside a means of transport that is a road vehicle or railway vehicle and those labels, placards, labels and UN numbers, or placards and UN numbers are not visible, the placards or placards and UN numbers required by this Part must be displayed on the outer large means of containment or on the means of transport.

(2) If a large means of containment that has labels, placards, labels and UN numbers, or placards and UN numbers displayed on it is loaded onto another large means of containment or means of transport that is a road vehicle or railway vehicle and those labels, placards, labels and UN numbers, or placards and UN numbers, are visible, the placards or placards and UN numbers are not required to be displayed on the other large means of containment or on the means of transport.

61 (1) Subparagraph 5.10(1)(a)(vi) of the Regulations is replaced by the following:

(2) Subparagraph 5.10(1)(b)(ii) of the Regulations is replaced by the following:

(3) Subparagraph 5.10(1)(d)(ii) of the Regulations is replaced by the following:

62 (1) Subparagraph 5.14(1)(a)(v) of the Regulations is replaced by the following:

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

(3) Paragraph 5.14(1)(c) of the Regulations is amended by striking out “or” at the end of subparagraph (iv), and by replacing subparagraph (v) with the following:

63 The table to section 8.2 of the Regulations is amended by replacing “II” in the column under the heading “Packing Group or Category” opposite “1” in the column under the heading “Class” with “Not applicable”.

64 The portion of section 10.1.1 of the Regulations before paragraph (a) is replaced by the following:

10.1.1 Despite the requirements of Part 5, a person may import, offer for transport, handle or transport dangerous goods by railway vehicle in accordance with the requirements of Parts 172, 173, 174, 179 and 180 of 49 CFR, except by tank car if the dangerous goods are included in Class 3 and are referred to in clause 10.5.5 of CGSB-43.147, as follows:

65 (1) The portion of subsection 10.6(1) of the Regulations before the table is replaced by the following:

10.6 (1) A person must not transport by railway vehicle dangerous goods described in column 1 of the table to this subsection for which a placard is required to be displayed in accordance with Part 4 if the railway vehicle is placed, in a train, next to a railway vehicle described in column 2. For the purposes of this section, each unit of an articulated intermodal railway vehicle is considered to be a separate railway vehicle.

(2) Paragraphs 1(a) and (b) of the table to subsection 10.6(1) of the Regulations in column 2 are replaced by the following:
Item

Column 2

Railway Vehicle
1 (b) an occupied railway vehicle, including an occupied engine or tender;

(3) Section 10.6 of the Regulations is amended by adding the following after subsection (2):

(3) Despite subsection (1), a person may transport by railway vehicle dangerous goods described in column 1 of the table to subsection (1) if the railway vehicle is placed, in a train, next to a railway vehicle described in column 2 that is unoccupied if any other placement in the train would negatively impact train dynamics.

66 Paragraph 10.7(4)(a) of the Regulations is replaced by the following:

67 (1) The portion of section 10.8 of the English version of the Regulations before paragraph (a) is replaced by the following:

10.8 A consignor must, on reasonable notice given by the Minister, provide the Minister with the following information:

(2) Paragraphs 10.8(a) to (d) of the Regulations are replaced by the following:

68 Section 16.1 of the Regulations and the heading before it are repealed.

69 The heading before section 16.2 of the English version of the Regulations is replaced by the following:

Certificate of Inspection

70 Sections 16.2 to 16.5 of the Regulations are replaced by the following:

16.2 A certificate issued by an inspector to a person under subsection 16.1(1) of the Act must include the following information:

16.3 (1) An inspector who, under subsection 17(1) of the Act, detains dangerous goods or a means of containment must issue a notice of detention to the person who has the charge, management or control of the dangerous goods or means of containment. The notice must include the following information:

(2) The detention expires 12 months after the day on which the notice is issued, but it may be revoked earlier, in writing, by the inspector.

(3) A person may request a review of the detention at any time after it takes effect and the notice has been issued to the person who has the charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister and must include the following information:

16.4 (1) An inspector who, under subsection 17(2) of the Act, directs a person to take measures necessary to remedy non-compliance with the Act must issue a notice of direction to that person. The notice must include the following information:

(2) Before a notice is issued to the person directed by the inspector to take necessary measures under subsection (1), the notice must be signed and dated by one of the following Department of Transport officials:

(3) The direction expires 12 months after the day on which the notice is issued, but it may be revoked earlier, in writing, by the inspector.

(4) A person may request a review of the direction at any time after it takes effect and the notice has been issued to the person who has the charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister and must include the following information:

16.5 (1) An inspector who, under subsection 17(3) of the Act, directs that dangerous goods or a means of containment not be imported into Canada or that they be returned to their place of origin must issue a notice of direction to the person who has the charge, management or control of the dangerous goods or means of containment. The notice must include the following information:

(2) The direction expires 12 months after the day on which the notice is issued, but it may be revoked earlier, in writing, by the inspector.

(3) A person may request a review of the direction at any time after it takes effect and the notice has been issued to the person who has the charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister and must include the following information:

71 (1) The portion of UN Number UN1170 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Column 1

UN Number

Column 2

Shipping Name and Description
UN1170

ETHANOL;

ETHANOL SOLUTION;

ETHYL ALCOHOL;

or

ETHYL ALCOHOL SOLUTION
(2) The portion of UN Number UN1170 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1170
  • 150, 188
  • 150, 188
72 (1) The portion of UN Number UN1389 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Column 1

UN Number

Column 2

Shipping Name and Description
UN1389 ALKALI METAL AMALGAM, LIQUID
(2) The portion of UN Number UN1389 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1389 38, 185
73 The portion of UN Number UN1390 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1390 185
74 (1) The portion of UN Numbers UN1391 and UN1392 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Column 1

UN Number

Column 2

Shipping Name and Description
UN1391

ALKALI METAL DISPERSION;

or

ALKALINE EARTH METAL DISPERSION
UN1392 ALKALINE EARTH METAL AMALGAM, LIQUID
(2) The portion of UN Numbers UN1391 and UN1392 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1391 38, 185, 186
UN1392 38, 186
75 The portion of UN Number UN1421 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1421 38, 185
76 The portion of UN Number UN1544 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1544 16, 184
16, 184
16, 184
77 The portion of UN Numbers UN1556 and UN1557 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1556 16, 38, 184
16, 184
16, 184
UN1557 16, 38, 184
16, 184
16, 184
78 The portion of UN Number UN1570 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1570 184
79 The portion of UN Number UN1598 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1598 184
80 The portion of UN Number UN1621 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1621 184
81 The portion of UN Number UN1651 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1651 184
82 The portion of UN Number UN1655 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1655 16, 184
16, 184
16, 184
83 The portion of UN Number UN1656 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1656 184
184
84 The portion of UN Number UN1674 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1674 184
85 The portion of UN Number UN1686 of Schedule 1 to the Regulations in column 5 is amended by adding the following:

Column 1

UN Number

Column 5

Special Provisions
UN1686 184
184
86 The portion of UN Numbers UN1704 and UN1707 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN1704 184
UN1707 16, 184
87 The portion of UN Number UN1869 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Column 1

UN Number

Column 2

Shipping Name and Description
UN1869

MAGNESIUM;

or

MAGNESIUM ALLOYS
88 The portion of UN Numbers UN2024 to UN2027 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN2024 16, 54, 184
16, 54, 184
16, 54, 184
UN2025 16, 54, 184
16, 54, 184
16, 54, 184
UN2026 16, 184
16, 184
16, 184
UN2027 184
89 The portion of UN Number UN2788 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN2788 16, 184
16, 184
16, 184
90 The portion of UN Number UN2857 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN2857 187
91 The portion of UN Number UN2907 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN2907 38, 62
92 The portion of UN Number UN3140 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3140 16, 184
16, 184
16, 184
93 The portion of UN Number UN3144 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3144 16, 184
16, 184
16, 184
94 The portion of UN Number UN3146 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3146 16, 184
16, 184
16, 184
95 The portion of UN Number UN3155 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3155 184
96 The portion of UN Numbers UN3205 and UN3206 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3205 16, 186
16, 186
UN3206 16, 185
16, 185
97 The portion of UN Numbers UN3278 and UN3279 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3278 16, 115, 184
16, 184
16, 184
UN3279 16, 115, 184
16, 184
98 (1) The portion of UN Numbers UN3401 and UN3402 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Column 1

UN Number

Column 2

Shipping Name and Description
UN3401 ALKALI METAL AMALGAM, SOLID
UN3402 ALKALINE EARTH METAL AMALGAM, SOLID
(2) The portion of UN Numbers UN3401 and UN3402 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3401 38, 185
UN3402 38, 186
99 The portion of UN Number UN3444 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3444 184
100 The portion of UN Number UN3464 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3464 16, 184
16, 184
16, 184
101 (1) The portion of UN Number UN3482 of Schedule 1 to the Regulations in column 2 is replaced by the following:

Column 1

UN Number

Column 2

Shipping Name and Description
UN3482

ALKALI METAL DISPERSION, FLAMMABLE;

or

ALKALINE EARTH METAL DISPERSION, FLAMMABLE
(2) The portion of UN Number UN3482 of Schedule 1 to the Regulations in column 5 is replaced by the following:

Column 1

UN Number

Column 5

Special Provisions
UN3482 38, 185, 186

102 Paragraph (a) of special provision 32 of Schedule 2 to the Regulations is replaced by the following:

103 Special provision 62 of Schedule 2 to the Regulations is replaced by the following:

62 These dangerous goods included in Class 4.1 may be offered for transport, handled or transported if they are packed in a means of containment so that the percentage of diluent in them will not, at any time during transport, fall below the percentage stated for the diluent in the descriptive text associated with the shipping name.

UN1310, UN1320 to UN1322, UN1336, UN1337, UN1344, UN1347 to UN1349, UN1354 to UN1357, UN1517, UN1571, UN2852, UN2907, UN3317, UN3364 to UN3370, UN3376

104 Special provision 80 of Schedule 2 to the Regulations before the italicized text is replaced by the following:

80 Despite section 1.17, a person must not offer for transport, handle or transport these dangerous goods unless they are in a packaging that is selected and used in accordance with CGSB-43.123.

105 (1) Special provision 90 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:

90 Parts 3 to 6 and 8 do not apply to the offering for transport, handling or transporting of these dangerous goods on a road vehicle, a railway vehicle or a vessel on a domestic voyage if

(2) Subparagraph (a)(ii) of special provision 90 of Schedule 2 to the Regulations is replaced by the following:

(3) Subparagraphs (c)(i) and (ii) of special provision 90 of Schedule 2 to the Regulations are replaced by the following:

106 Special provision 125 of Schedule 2 to the Regulations before the italicized text is replaced by the following:

125 These dangerous goods may be offered for transport, handled or transported in accordance with subsections 1.17(2) to (4) on a road vehicle, a railway vehicle or a vessel on a domestic voyage if

107 Schedule 2 to the Regulations is amended by adding the following after special provision 183:

184 When offered for transport as pesticides, these dangerous goods must be imported, offered for transport, handled or transported under the relevant pesticide entry set out in Appendix A of the UN Recommendations.

UN1544, UN1556, UN1557, UN1570, UN1598, UN1621, UN1651, UN1655, UN1656, UN1674, UN1686, UN1704, UN1707, UN2024 to UN2027, UN2788, UN3140, UN3144, UN3146, UN3155, UN3278, UN3279, UN3444, UN3464

185 The group of alkali metals includes lithium, sodium, potassium, rubidium and caesium.

UN1389 to UN1391, UN1421, UN3206, UN3401, UN3482

186 The group of alkaline earth metals includes magnesium, calcium, strontium and barium.

UN1391, UN1392, UN3205, UN3402, UN3482

187 These Regulations, except Parts 1 and 2, do not apply to UN2857, REFRIGERATING MACHINES or refrigerating machine components if the machines or components contain less than 12 kg of gas included in Class 2.2 or less than 12 L of UN2672, AMMONIA SOLUTION.

UN2857

188 These Regulations, except Parts 1 and 2, do not apply to an aqueous solution containing not more than 24% alcohol by volume.

UN1170

108 (1) Schedule 3 to the Regulations is amended by replacing “ETHANOL with more than 24% ethanol, by volume” in column 1A with “ETHANOL”.

(2) Schedule 3 to the Regulations is amended by replacing “ÉTHANOL contenant plus de 24 % d’éthanol, par volume” in column 1B with “ÉTHANOL”.

109 (1) Schedule 3 to the Regulations is amended by replacing “ETHANOL SOLUTION with more than 24% ethanol, by volume” in column 1A with “ETHANOL SOLUTION”.

(2) Schedule 3 to the Regulations is amended by replacing “ÉTHANOL EN SOLUTION contenant plus de 24 % d’éthanol, par volume” in column 1B with “ÉTHANOL EN SOLUTION”.

110 (1) Schedule 3 to the Regulations is amended by replacing “ETHYL ALCOHOL more than 24% ethanol, by volume” in column 1A with “ETHYL ALCOHOL”.

(2) Schedule 3 to the Regulations is amended by replacing “ALCOOL ÉTHYLIQUE contenant plus de 24 % d’éthanol, par volume” in column 1B with “ALCOOL ÉTHYLIQUE”.

111 (1) Schedule 3 to the Regulations is amended by replacing “ETHYL ALCOHOL SOLUTION more than 24% ethanol, by volume” in column 1A with “ETHYL ALCOHOL SOLUTION”.

(2) Schedule 3 to the Regulations is amended by replacing “ALCOOL ÉTHYLIQUE EN SOLUTION contenant plus de 24 % d’éthanol, par volume” in column 1B with “ALCOOL ÉTHYLIQUE EN SOLUTION”.

112 (1) Schedule 3 to the Regulations is amended by replacing “MAGNESIUM in pellets, turnings or ribbons” in column 1A with “MAGNESIUM”.

(2) Schedule 3 to the Regulations is amended by replacing “MAGNÉSIUM, sous forme de granulĂ©s, de tournures ou de rubans” in column 1B with “MAGNÉSIUM”.

113 (1) Schedule 3 to the Regulations is amended by replacing “MAGNESIUM ALLOYS with more than 50% magnesium, in pellets, turnings or ribbons” in column 1A with “MAGNESIUM ALLOYS”.

(2) Schedule 3 to the Regulations is amended by replacing “ALLIAGES DE MAGNÉSIUM, contenant plus de 50 % de magnĂ©sium, sous forme de granulĂ©s, de tournures ou de rubans” in column 1B with “ALLIAGES DE MAGNÉSIUM”.

114 The Regulations are amended by replacing “no accidental release” with “no release” and “an accidental release” with “a release”, respectively, in the following provisions:

Transitional Provision

115 A person may, during the 12-month period beginning on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read on May 1, 2026.

Coming into Force

116 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.)

Executive summary

Issues: The Transportation of Dangerous Goods Regulations (TDGR), made under the authority of the Transportation of Dangerous Goods Act, 1992 (TDG Act), need to be updated to refine existing requirements, fix inconsistencies, and introduce new requirements in response to concerns raised by stakeholders, inspectors, and local authorities.

The current requirements are not, for example, aligned with the United States (U.S.) regulations (i.e. Title 49 of the Code of Federal Regulations [U.S. 49 CFR]) pertaining to buffer carfootnote 2 requirements for the transportation of dangerous goods by rail. The U.S. regulations require a minimum of one buffer car between a railway vehicle carrying dangerous goods and an occupied railway vehicle for both unit trains (trains containing the same type of dangerous goods) and mixed commodity freight trains (trains containing both dangerous goods and non-dangerous goods rail cars). In Canada, unit trains are not required to add a buffer car, whereas the addition of at least one buffer car is required on mixed freight trains, unless rail companies believe that the addition of buffer cars would have a negative impact on train dynamics (i.e. train movement along the tracks). This misalignment between the U.S. and Canadian regulations means that train shipments which remain in Canada pose a higher-level safety risk for their crew than those that originate or are destined to the U.S.

The TDGR are not aligned with the latest changes adopted under the Packaging and Transport of Nuclear Substances Regulations, 2015 (PTNSR, 2015), for the transport of radioactive substances that were implanted or administered to a person or an animal for medical treatment or diagnosis, or that subsist in their remains and for radioactive materials of unknown classification.footnote 3 The lack of harmonization between the TDGR and the PTNSR, 2015 imposes a burden on impacted stakeholders, as they have to be familiar with two different sets of federal requirements.

Some provisions in the TDGR are not aligned with the 22nd edition of the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations). The lack of harmonization between the TDGR and UN Recommendations creates confusion for Canadian stakeholders, as they must contend with multiple sets of requirements for both domestic and international transportation of dangerous goods. To address this confusion, the Regulations Amending Certain Regulations Made Under the Transportation of Dangerous Goods Act, 1992 (Part 12 and International Harmonization Update) were published in the Canada Gazette, Part II, and included several amendments intended to bring the TDGR into alignment with the 22nd edition of the UN Recommendations. However, not all amendments needed to support harmonization were included in the Part 12 and International Harmonization Update. Given the high volume of amendments needed to support harmonization, and the highly technical nature of the amendments, Transport Canada (TC) determined that, for practical purposes, the amendments should be developed and introduced in two separate proposals. As such, some amendments needed to support harmonization with the UN Recommendations have been included in this regulatory proposal.

Description: The Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update) [the Regulations] will bring several modifications and updates to refine existing requirements and promote consistency and uniform interpretation. The Regulations will also reduce the number of equivalency certificates (ECs) issued by TC under the authority of the TDG Act by incorporating new regulatory provisions that cover activities currently permitted through ECs. The Regulations will update existing requirements for rail transportation to better align the Canadian buffer car requirements with the U.S. regulations. In addition, the Regulations will harmonize the TDGR with the PTNSR, 2015, regarding the transportation of radioactive materials of unknown classification back to the consignorsfootnote 4 for characterizationfootnote 5.

Rationale: The Regulations will bring several modifications and updates to existing requirements to address ongoing safety concerns, strengthen existing requirements, refine provisions, and address and correct inconsistencies. Some of the changes will impose compliance costs to the industry. Specifically, buffer car requirements on unit trains transporting dangerous goods will generate a compliance cost to railway companies and an operational cost to dangerous goods shippers.

The Regulations will result in a net monetized cost of about $5.81 million between 2026 and 2035 (discounted to the year 2026 at a 7% discount rate and expressed in 2024 dollars). Railway companies will incur a total cost of $5.90 million associated with the buffer car requirement. The incorporation of new provisions in the TDGR will remove the need to apply for ECs and will result in a total cost savings of $0.09 million to stakeholders and the Government during the same period. Despite the net monetized cost, TC expects that the total benefits, including qualitative safety benefits, will outweigh the monetized costs.

The one-for-one rule applies, since there will be an incremental decrease in administrative burden on business, and the Regulations are therefore considered burden “out” under the rule. The Regulations will result in an annualized reduction of administrative burden of $327 on affected businesses (discounted to the year 2012 at a 7% discount rate expressed in 2012 Canadian dollars). The Regulations will affect 25 small businesses that are dangerous goods consignors and carriers, which will incur a total cost saving of $7,478 between 2026 and 2035.

Issues

Buffer car requirements

The TDGR provide an exemption that allows mixed commodity freight trains to not include a buffer car if it is likely to negatively impact train dynamics. The exemption is intended to allow for better train configuration and limit the number of added railway vehiclesfootnote 6 that would increase train length and could adversely affect train dynamics.footnote 7 However, since there are no criteria under the existing TDGR to specify situations that could have a negative impact on train dynamics, this has resulted in inconsistent interpretations of the exemption, which creates a safety concern. In addition, the TDGR are not aligned with the U.S. regulations regarding buffer car requirements on unit trains. Due to this misalignment, the lesser requirement (i.e. no buffer cars) is often followed by Canadian railway companies for domestic shipments, while buffer cars are employed for trans-border shipments. As a result, unit trains that originate and remain in Canada do not have buffer cars, while unit trains destined to or originating from the U.S. require at least one buffer car next to an occupied railway vehicle for the entire Canada-U.S. trip. Consequently, unit train shipments which remain in Canada pose a higher-level safety risk for their crew than those that originate or are destined to the U.S.footnote 8

Packaging and Transport of Nuclear Substances Regulations, 2015

The TDGR are not aligned with the latest requirements adopted under the PTNSR, 2015, for the transport of radioactive materials of unknown classification and radioactive substances used for medical treatment or diagnosis. The PTNSR, 2015, requirements were developed by the Canadian Nuclear Safety Commission (CNSC), which is the Canadian leading authority governing the safe and secure transportation, including the classification and packaging requirements, of radioactive materials nationally while harmonizing with international standards.

In scenarios where radioactive materials of unknown classification are identified in loads of waste at a dump site, they need to be shipped back to the consignor for further analysis and testing using more sophisticated equipment. Typically, these substances are detected at a dump site by a portable radiation detector, which is not adequate to perform the required analysis and testing for proper characterization of the loads. It is possible that the portable detector at the dump site is overly sensitive and incorrectly identifies the waste as a Class 7, Radioactive Material,footnote 9 but this cannot be confirmed until proper analysis and testing have been completed.

In such a situation, the PTNSR, 2015 allow for the one-time transport of the radioactive materials of unknown classification to a safer location for proper characterization as long as specific conditions are met (i.e. the level of radiation detected is sufficiently low and there is no possibility for dispersal of the nuclear substances). The use of the one-time transport exemption also triggers additional notification and reporting to the CNSC, so it can monitor the situation and confirm that the characterization has been completed, and the radioactive substance has been disposed of safely.

However, unlike the PTNSR, 2015, the TDGR do not allow for the one-time transport of radioactive materials of unknown classification from a dump site to conduct further analysis and testing. Under the TDGR, the transport of radioactive materials is subject to specific documentation, training and marking requirements. When there is a discrepancy between different requirements pertaining to the transportation of dangerous goods, the expectation is that the stricter requirements prevail and, therefore, must be met. This means that, if unclassified radioactive waste is detected at a dump site, the driver of the vehicle carrying the waste would be expected to follow the requirements of the TDGR, in which case, the vehicle would need to remain at the dump site until the radioactive materials can be properly characterized.footnote 10 Leaving the vehicle in place could create a safety risk, depending on the quantity/type of radiation detected and the time needed to conduct a proper analysis. Furthermore, industry stakeholders have raised concerns about the cost implications of leaving the vehicle in place for a prolonged period.

Similarly, radioactive materials contained in human or animal tissue (or a sample from human or animal tissue) transported for the purpose of medical treatment, diagnostic medical assessment, or research are not currently exempted from documentation, training, and marking requirements under the TDGR, whereas such substances are exempted from documentation, marking, and training requirements under the PTNSR, 2015. As Canadian consignors must follow the more stringent set of rules when faced with differing requirements that apply to a given situation, they must follow the rules set out in the TDGR, which require documentation, training, safety marks, etc.

For better harmonization and greater consistency within the federal statutory corpus governing the transportation of dangerous goods, the TDGR need to be updated to include the latest changes adopted in the PTNSR, 2015 for the transport of radioactive materials of unknown classification and radioactive substances used for medical treatment or diagnosis. The discrepancy between the TDGR and the PTNSR, 2015 creates a burden to Canadian consignors, as they have to contend with two sets of requirements and cannot benefit from current exemptions (assessed to be safe and in the public interest) in the PTNSR, 2015, when applicable.

International harmonization

Certain provisions in the TDGR do not align with international codes and this misalignment can create confusion among stakeholders and negatively impact international trade, as outlined below.

Outdated provisions

Stakeholders have expressed concerns about outdated provisions of the TDGR, as outlined below.

Administrative issues

Certain administrative provisions in the TDGR contain inconsistencies that create confusion among stakeholders and need to be amended, as outlined below.

Technical standards for means of containment

Currently, the TDGR incorporate by referencefootnote 17 an outdated standard for rail cars and ton containers that does not reflect current industry practices. TC safety standard, TP14877 (formerly CAN/CGSB-43.147),footnote 18 a statically referenced standardfootnote 19 in the TDGR, sets out requirements for the design, manufacture, and use of means of containment for the transportation of dangerous goods by rail, rail tank cars, and ton containers. In 2019, TC proposed to return to the use of CGSB standards and split the TP14877 standard into two separate standards, i.e. CAN/CGSB-43.147 for rail cars and CAN/CGSB-43.149 for ton containers published in March 2023 and in April 2023, respectively. This proposition was made because the TP14877 standard could not be included as dynamic referencingfootnote 20 in the TDGR. The incorporation by reference of the new CGSB standards, as amended from time to time, to replace TP14877, when applicable, is needed to help TC stay up to date with industry developments and to respond to stakeholders’ needs without creating an undue burden on affected stakeholders. TC communicates updates and modifications made to CGSB standards to TDG stakeholders through notifications posted on TC’s website and through email correspondence. Currently, stakeholders must comply with standard TP14877, which was developed for both tank cars and ton containers. Moving forward, having the two CGSB standards will allow stakeholders to focus on the requirements of the standard relevant to their specific needs. For instance, stakeholders involved in activities requiring the use of ton containers for the transport of dangerous goods will only need to refer to the CAN/CGSB-43.149 standard for ton containers. This eliminates the need to navigate the tank car requirements, as those requirements are covered in the CAN/CGSB-43.147 standard for rail cars.

Changes initiated by TC following prepublication

Following consultations, TC introduced three additional amendments on its own initiative that were either not aligned with the changes proposed in the Canada Gazette, Part I, or were not part of the original proposal and therefore not subject to stakeholder review. The issues these amendments are intended to address, namely those relating to the fire extinguisher exemption, Notice of Direction to Remedy Non-Compliance and site registration requirements, are described below.

Fire Extinguisher Exemption

The Regulations, as prepublished in the Canada Gazette, Part I, proposed to relocate the fire extinguisher exemption from Part 1 of the TDGR to Schedule 2. This modification was intended to be editorial in nature, as it did not alter existing requirements. However, following prepublication, TC determined that relocating this exemption would have created a regulatory gap within the TDGR, as other provisions of the TDGR specifically reference the section of that exemption in Part 1. Therefore, TC has decided not to proceed with this relocation, as the modification would have been more than editorial in nature.

Notice of Direction to Remedy Non-Compliance

As mentioned above, the Regulations, as prepublished in the Canada Gazette, Part I, proposed certain modifications to Part 16 of the TDGR. Those modifications included requiring that a Notice of Direction to Remedy Non-Compliance be signed only by the inspector issuing the notice, rather than by both the inspector and a designated senior official, before it takes effect. TC determined that the requirement for a senior official’s signature currently provides an oversight mechanism for enforcement actions. Removing this requirement would eliminate this review step and reduce program oversight of enforcement decisions.

Part 17 – Site registration requirements

The Regulations titled Regulations Amending the Transportation of Dangerous Goods Regulations (Site Registration Requirements), which came into force in October 2023, introduced new site registration requirements under Part 17 of the TDGR. During the prepublication of that proposal in the Canada Gazette, Part I, applicable special cases in Part 1 of the TDGR included explicit references indicating that the site registration requirements in Part 17 did not apply. These references were subsequently removed and did not form part of the final regulations, as published in the Canada Gazette, Part II. Following final publication and during the implementation period, stakeholders and enforcement officers raised questions regarding whether sites relying solely on these special cases were required to register under Part 17. The removal of explicit references for special cases created confusion and is inconsistent with previous communications from TC, which indicate that an exemption from site registration under Part 17 is permitted when all dangerous goods at a site are covered by a special case listed in Part 1 of the TDGR, except for section 1.16.

Background

Transportation of Dangerous Good Regulations

In Canada, the TDGR set out requirements (i.e. classification, packaging, markings, etc.) for the safe transportation of dangerous goods by all modes of transport (rail, road, water and air). These dangerous goods include a wide variety of substances such as, but not limited to, household products, heating fuels, fertilizers and life-support chemicals like oxygen and medical isotopes.

The TDGR are comprised of 17 parts and three schedules. Each part outlines requirements for a different aspect of the safety regime. In the Regulations, provisions in Parts 1, 3, 4, 10, and 16 of the TDGR will be amended along with some technical changes to the schedules. Part 1 specifies how to interpret the regulations and includes definitions as well as general and special provisions (e.g. exemptions from specific regulatory requirements for domestic transport). Parts 3 and 4 set out requirements for documentation and dangerous goods marks, respectively. Part 10 specifies the requirements for national and international transport of dangerous goods by rail, and Part 16 contains forms and table templates as well as other requirements for use by TDG inspectors. Schedule 1 of the TDGR lists the dangerous goods by UN Number and provides information about the classifications, special provisions, and the permitted quantities for transport of these dangerous goods. Schedule 2 contains the special provisions that provide details on exemptions, composition limits, and any additional requirements. Schedule 3 lists the shipping names of substances in alphabetical order followed by the UN Number. Substances that are forbidden for transport are also included in Schedule 3.

Regulatory review

Budgets 2018 and 2019 provided funding for the Government to pursue a regulatory reform agenda to improve the agility, transparency, and responsiveness of the Canadian regulatory system. This included targeted Regulatory Reviews, which examine regulations and regulatory practices, and identify novel regulatory approaches to support economic growth and innovation in Canada. In 2019, TC published the Transportation Sector Regulatory Roadmap as part of the first round of the Treasury Board Secretariat’s (TBS) targeted Regulatory Reviews.

A central feature of the Regulatory Reviews, which are coordinated by TBS in partnership with federal departments and agencies, is stakeholder engagement. The Regulatory Review consultation process yielded an array of comments from industry concerned with the misalignment between the TDGR and international frameworks, namely, the UN Recommendations and U.S. regulations. Stakeholders pointed out that maintaining requirements consistent with international codes would reduce confusion and the administrative burden, as the regulated entities must comply with different sets of requirements for domestic and international transportation. Attention was also drawn to the importance of keeping pace with industry practices, allowing more flexibility, and developing requirements that meet the needs of the regulated community. Stakeholders also noted the need for greater clarity and consistency in the application of regulations.footnote 21

Minister of Transport’s mandate letter

Canada’s rail transportation system remains a top priority for the Government. In the mandate letter for the Minister of Transport published on December 16, 2021, the Minister was tasked with advancing “measures that further improve the safety and security of Canada’s rail system.”

The Regulations will update existing requirements for rail transportation to further improve the safety of Canada’s rail system, helping crew members and goods reach their destinations safely.

Alignment with international codes

To promote consistency among regulatory frameworks around the world, the United Nations (UN) develops guidelines and recommendations for the safe transportation of dangerous goods by all modes of transportation (e.g. air, surface, and marine). The UN Recommendations are regularly amended to reflect the most recent scientific evidence and advancements in safe business practices related to the transportation of dangerous goods worldwide. These amendments, which are informed by experts from member countries, including Canada, are often related to the hazard classification criteria, hazard communication tools, and transport conditions (such as documentation, marking, and packaging) of dangerous goods across all modes of transport. Since Canada is a member of UN agencies and is involved in the development of the UN Recommendations, it is expected that Canada will incorporate into its laws and regulations the principles laid down in the UN Recommendations and other international codes to increase worldwide harmonization in the transport of dangerous goods. As such, the TDGR need to be updated periodically to harmonize, to the greatest extent possible, with the UN Recommendations and the international codes. This internationally harmonized framework helps carriers, consignors, and enforcement authorities by facilitating compliance and trade between countries and by enhancing the safety of the transportation of dangerous goods both domestically and internationally.

Buffer car requirements

Among other things, the TDGR prescribe the requirements for the location of placarded railway vehicles transporting dangerous goods within a train to secure the safety of the crew. The TDGR require the addition of at least one buffer car on mixed freight trains carrying multiple commodities, including dangerous and non-dangerous goods, unless rail companies determine that their inclusion would negatively impact train dynamics. Buffer cars are used to separate dangerous goods from personnel, the engine, and/or the tender, which reduces risk to the train crew by giving them more time to safely exit the locomotive in the event of an incident. Buffer cars are also used to separate goods that would be dangerous to place together.

Unlike the U.S. 49 CFR, the TDGR do not require unit trains carrying loaded tank cars of the same commodity of dangerous goods to add buffer cars. The U.S. regulations, however, mandate both mixed freight trains and unit trains to have at least one buffer car between a railway vehicle carrying dangerous goods and an occupied railway vehicle.

Packaging and Transport of Nuclear Substances Regulations, 2015

The TDGR aim to stay harmonized with other federal titles governing the transportation of dangerous goods. For example, the PTNSR, 2015, set out requirements for the packaging and transport of dangerous goods included in Class 7, Radioactive Materials. Amendments to the TDGR are needed to further align the TDGR with the latest requirements permitted under the PTNSR, 2015 for the transport of radioactive substances used for medical treatment or diagnosis and for radioactive materials of unknown classification.

Outdated provisions

The TDGR are also updated on a regular basis to strengthen existing requirements, enhance readability of certain provisions, and introduce new requirements, when applicable, in response to the concerns of stakeholders, inspectors, and local authorities.

Technical standards for means of containment

The TDGR statically reference TC safety standard TP14877, which sets out requirements for the design, manufacture, and use of means of containment for the transportation of dangerous goods by rail, rail tank cars and ton containers. The TP14877 standard cannot be incorporated in the TDGR as a dynamic reference, which means that when a change is made to the standard, those amendments do not automatically form part of the TDGR. To stay up to date with industry developments, and to reduce the burden on TDG stakeholders, TC is simplifying the process of requirements verification. Currently, stakeholders need to consult TP14877, which sets out requirements for ton containers and tank cars, and they have to select the requirements that apply to their activities. TC will replace the current TP14877 standard referenced in the TDGR with two updated standards (i.e. CAN/CGSB-43.147 for rail cars and CAN/CGSB-43.149 for ton containers). The Canadian standards CGSB-43.147 and CAN/CGSB-43.149, which set out requirements for the design, manufacture, and qualification of tank cars and ton containers, respectively, will be incorporated by reference, as amended from time to time, in the TDGR to replace the 2nd edition of the TP14877. By splitting the TP14877 into two CGSB standards, stakeholders will only need to consult the standard that relates to their specific activities.

Objective

The objectives of the Regulations are to

Description

Buffer car requirements

The Regulations will update the buffer car requirements for the transportation of dangerous goods by rail as follows:

Packaging and Transport of Nuclear Substances Regulations, 2015

The Regulations will update the TDGR to align with the PTNSR, 2015 as follows:

International harmonization

The Regulations will update and introduce special provisions to specific UN Numbers in the TDGR to harmonize with the UN Recommendations as follows:

Outdated provisions

The Regulations will update and refine some provisions in the TDGR in response to feedback received from regulated entities, inspectors, and local authorities as follows:

Administrative changes

The Regulations will update and amend the following provisions to simplify the TDGR or to provide greater precision:

Changes to technical standards for the means of containment

CAN/CGSB-43.147

The Regulations will incorporate by reference National Standard of Canada CAN/CGSB-43.147, “Design, manufacture, maintenance, qualification, inspection and marking of tank cars and the selection and use of large means of containment or transport units used in the handling, offering for transport or transporting of dangerous goods by rail of classes 2, 3, 4, 5, 8, 9 and division 6.1,” as amended from time to time. The standard will replace the TC Standard, TP14877, 2nd edition, “Containers for Transport of Dangerous Goods by Rail.” The CAN/CGSB-43.147 builds on the previous TP14877 and includes the following changes:

CAN/CGSB-43.149

A second technical standard will also be incorporated by reference in the TDGR, the National Standard of Canada CAN/CGSB-43.149, “Design, manufacture, maintenance, qualification, selection and use of ton containers used in the handling, offering for transport or transport of dangerous goods of Classes 2, 3, 4, 5, 6.1, 8 and 9,” as amended from time to time. The CAN/CGSB-43.149 builds on the previous TP14877 and introduces the following changes:

CAN/CGSB-43.147 and CAN/CGSB-43.149

The CGSB standards (CAN/CGSB-43.147 and CAN/CGSB-43.149) will be incorporated into the TDGR and, simultaneously, the TP14877 standard will be removed, rendering it a standard no longer actively used. The two new standards are not expected to impose any additional costs on affected stakeholders. This is because these new standards incorporate updates that stakeholders are either already complying with, had already planned to be compliant with, or require very few minor editorial changes to existing facility procedures and documents, such as updating references to the new CGSB standards. As a result, stakeholders will not incur any significant additional costs due to these new standards.

Furthermore, for both technical standards, CAN/CGSB-43.147 and CAN/CGSB-43.149, the list of dangerous goods was revised to improve consistency with the TDGR and to better align with rail car packaging assignments in the U.S. 49 CFR. The TDGR provide a list of dangerous goods via Schedule 1, which includes information such as UN Number, shipping name, descriptive text, special provisions that apply to the dangerous goods (if applicable), the packing group (if applicable), and other information pertaining to the transport of specific dangerous goods. This list, however, generally does not encompass the intricacies of each specific container. For this reason, standards, such as CAN/CGSB-43.147 and CAN/CGSB-43.149, generally include some form of dangerous goods list with specific information on the means of containment in which they will be transported. As changes are made to Schedule 1 of the TDGR (whether such changes are needed to harmonize with the UN Recommendations, to reflect updates about specific dangerous goods’ chemical properties, or to add new dangerous goods), similar changes must be made to the standard’s list of dangerous goods to provide consistent requirements.

Changes initiated by TC following prepublication

Fire Extinguisher Exemption

In the Canada Gazette, Part I, it was proposed to move the fire extinguisher exemption from Part 1 of the TDGR to Schedule 2 as a new special provision. Following prepublication, however, TC determined that relocating this exemption to Schedule 2 would create a regulatory gap within the TDGR, as other provisions of the TDGR specifically reference the section of that exemption in Part 1. For this reason, the Regulations will maintain the status quo, i.e. not relocate the fire extinguisher exemption from Part 1 to Schedule 2, to avoid creating a regulatory gap within the TDGR and to avoid introducing a modification that would be more than just editorial in nature.

Notice of Direction to Remedy Non-Compliance

The change proposed in the Canada Gazette, Part I, would have removed the requirement for a senior official to co-sign a Notice of Direction to Remedy Non-Compliance; however, TC has concluded that keeping this signature is necessary to maintain oversight of enforcement decisions. As such, the Regulations will maintain the requirement for both the inspector and the designated senior official to sign the Notice of Direction to Remedy Non-Compliance before it takes effect.

Part 17 – Site registration requirements

The removal of explicit references to Part 17, Site Registration Requirements, in the applicable special cases of Part 1, created confusion among stakeholders and enforcement officers, as this removal conflicted with previous TC communications indicating that a site is not required to be registered if all dangerous goods at that site are covered by a special case, except the special case under section 1.16. As such, updates are made to the Regulations to explicitly mention that activities performed under applicable special cases are exempt from the site registration requirements.

Regulatory development

Consultation

Consultation prior to prepublication in the Canada Gazette, Part I

TC conducted several consultations for the proposal prior to its prepublication in the Canada Gazette, Part I, on December 9, 2023, including the following:

The following observations were made following the above-noted consultations:

Comments received during prepublication in the Canada Gazette, Part I

Comments received on the policy intent were considered in the development of the proposal, which was prepublished in Part I of the Canada Gazette on December 9, 2023, for a 75-day comment period. TC received 14 submissions with a total of 91 comments from subject matter experts, individuals, companies and industry associations. The feedback received from stakeholders indicated general support for TC’s primary intent to refine existing domestic provisions, fix inconsistencies, and introduce new requirements in response to concerns raised by stakeholders, inspectors and local authorities. However, it also highlighted several concerns that necessitated further dialogue and clarification. Additionally, TC received comments that were deemed out of scope and will be considered for future proposals. Furthermore, some comments received raised concerns that were addressed as part of the Part 12 and International Harmonization Update.

Clarity of the text

Several stakeholders expressed concerns regarding the clarity of the proposed Regulations. In response to this feedback, TC modified some of the provisions of the Regulations to clarify requirements and lessen confusion. Specifically, the modifications made by TC to improve clarity are outlined below:

Agricultural anhydrous ammonia exemption

During prepublication of the regulatory proposal, TC proposed to modify the agricultural anhydrous ammonia exemption. The proposed changes aimed to reduce the distance that anhydrous ammonia could be transported on public roads from 100 km to 3 km without an ERAP. Additionally, the proposal limited the quantity of anhydrous ammonia to the capacity of a single or twin nurse tank, replacing the current allowance of up to 10 000 L per MOC. Furthermore, under the proposed Regulations, the transportation of anhydrous ammonia in a nurse tank would have remained exempt from Part 3, provided the nurse tank was clearly marked with the ERAP telephone number on two opposite sides.

Three submissions, comprising 17 comments, from industry stakeholders expressed concerns about the proposed modifications. These submissions emphasized issues and highlighted concerns that were not raised during the consultation period prior to prepublication in the Canada Gazette, Part I. TC met with affected stakeholders to discuss the issues raised and to gain insight into the associated challenges. One key issue raised was that current industry practices already mandate the display of a 24-hour contact number on nurse tanks, and the introduction of an additional ERAP telephone number could create confusion during emergencies. Another concern was that the 3 km distance restriction would significantly impact farmers, particularly those operating large farms, who rely on the ability to transport anhydrous ammonia over long distances between fields. Finally, the proposed Regulations would have prevented the use of triple nurse tank configurations without an ERAP, further complicating logistics and increasing costs.

Consequently, the proposed changes would remove an important exemption widely used by Canadian farmers for the field application of anhydrous ammonia and could result in substantial financial costs. Farmers would face new costs related to development and maintenance of an ERAP as well as potential costs for the use of an ERAP in response to an emergency. Additionally, the restriction on the triple nurse tank configuration could require farmers to make significant changes to adapt their operations. Given these considerations, the proposed Regulations could place a heavy administrative and financial burden on both industry stakeholders and TC.

In light of this feedback, TC conducted further consultations and decided to withdraw the proposed modifications to the anhydrous ammonia exemption and to maintain the exemption, as it currently appears in the TDGR, with some minor editorial changes. TC will continue to engage with stakeholders to better understand current industry practices and explore alternative solutions to enhance safety during the transport of anhydrous ammonia in nurse tanks for agricultural purposes.

Buffer car requirements

One submission, containing four comments, expressed concerns regarding the proposed modifications to the buffer car requirements. Specifically, stakeholders sought clarification on the placement of buffer cars and requested better alignment with the U.S. 49 CFR. Additionally, stakeholders expressed that the proposed modifications could increase financial burdens and increase the risk of crew injuries due to a higher frequency of switching operations. It was also suggested that there was an absence of clarity as to whether each unit of an articulated intermodal rail car is considered a single “railway vehicle.” Lastly, it was suggested that there is a lack of supporting safety and Canadian incident data to support the modifications of the buffer car requirements.

In response, TC engaged with affected stakeholders during the summer of 2024 to address their concerns. TC clarified that a buffer car is required only between an occupied railway vehicle and a railway vehicle carrying dangerous goods for which a placard is required to be displayed in accordance with Part 4.

Supporting safety data emphasizes the importance of placing at least one buffer car between an occupied railway vehicle and a placarded railway vehicle that contains dangerous goods to enhance safety of the train crew even when taking into consideration the increased frequency of switching operations.footnote 25 Additionally, as an example, on December 9, 2019, a crude oil unit train encountered a derailment near Guernsey, Saskatchewan, resulting in 33 crude oil tank cars catching fire.footnote 26 The train included buffer cars at both the front and the rear-end of the train, even though the TDGR did not require them for this type of unit train. When the derailment occurred, the presence of the front buffer car proved crucial in enhancing crew safety. It separated the head-end locomotive, where the crew was located, from the derailed tank cars carrying dangerous goods. TC’s internal subject matter experts indicated that this buffer car helped prevent the locomotive from being directly exposed to explosions or fire, allowing the crew to safely relocate the locomotive and the buffer car away from the incident site. This incident highlights the importance of maintaining buffer car requirements to enhance crew safety and minimize the risk of severe outcomes during derailments or other emergencies. Therefore, TC maintained the modification to the buffer car requirement in the Regulations and improved alignment with the U.S. 49 CFR by considering each unit of an articulated intermodal rail car as a single railway vehicle.

Exemption for radioactive materials — unknown classification

Three submissions, containing four comments, raised concerns that the wording of the exemption for radioactive materials of unknown classification could imply that it might be used for the purpose of classification. Stakeholders and CNSC’s subject matter experts highlighted that the unclear requirements could lead to misuse of the exemption.

In response, TC engaged with CNSC’s subject matter experts in December 2024 to address these concerns, clarifying that this exemption is meant to address a regulatory gap and safety concern where radioactive materials of unknown classification could not be transported until the load was properly characterized. This exemption permits the transport of radioactive materials of unknown classification to a safer location for proper characterization if the exemption conditions are met. For example, if radioactive materials of unknown classification are detected by a radiation portal monitor during transport, they can be transported directly to a safer location for proper characterization. TC is of the view that the exemption only applies for dangerous goods of unknown classification that meet all exemption requirements and not solely for transporting any load for characterization. Consequently, TC specified in the Regulations that, for this exemption to apply, the applicable requirements are those set out in the relevant provisions of the PTNSR, 2015.

Visibility of placards and UN numbers on a large MOC

Six submissions, comprising 12 comments, noted that the regulatory text lacked the requirements for the visibility of labels that are displayed on large MOC such as IBCs. Specifically, stakeholders noted that not addressing the visibility of labels that are displayed on large MOC in the regulatory text could create confusion in a situation where a large MOC that is labelled rather than placarded is loaded onto an outer large MOC and the label is visible. TC modified the Regulations to specify that when a large MOC that is labelled rather than placarded, is loaded onto an outer large MOC, or a means of transport that is a road or railway vehicle, a placard must not be displayed on the outer large MOC or means of transport if the labels are visible.

Exemption for the Operation of a Means of Transport or MOC

One submission, containing one comment, questioned whether the exemption for the Operation of a Means of Transport or a MOC applied to dangerous goods that are required for heating units used for the transport of asphalt and tar. This exemption indeed applies to the transport of dangerous goods that are required for the heating units necessary to maintain environmental conditions within a means of transport or a MOC. Therefore, TC maintained the modifications that were proposed during prepublication.

Exemption for transportation between two properties

A single submission, containing one comment, raised concerns that specifying the placarding requirements for large MOC could prevent someone from using the exemption for small MOC transported between two properties on a road vehicle for a distance of less than or equal to 3 km on a public road. Specifically, stakeholders requested clarification on whether the exemption can still be used to transport small MOC between two properties. TC confirms that the modifications to the exemption included in the Regulations are editorial in nature and do not change the original meaning. As such, this exemption can still be used to transport small MOC in a road vehicle if the road vehicle has displayed on it the placards for large MOC in accordance with Part 4 and all the requirements under the exemption are met.

Exemption for medical or clinical waste

Three submissions, containing three comments, noted that not providing an exemption from Part 5 under the special case for Medical or Clinical Waste was confusing because the requirements for the MOC are already outlined in the special case. Specifically, stakeholders highlighted that there would be a duplication of information, as the requirements for the MOC would be listed under the special case as well as in Part 5. To avoid confusion, the exemption from Part 5 under the special case for Medical or Clinical Waste is maintained, as it appeared in the TDGR prior to this regulatory proposal.

Exemption for residue of dangerous goods in a drum or IBC

Four submissions, which included six comments, questioned whether the exemption for the transport of residue of dangerous goods contained in a drum could still apply to a drum that is transported for the purpose of reuse, given that the term ’reuse’ was removed from the exemption. TC notes that although the exemption no longer explicitly mentions the reuse of drums containing residues of dangerous goods, it could be used for the purpose of reuse if the drums are reconditioned in accordance with the CGSB-43.150 standard.

Additionally, stakeholders questioned the removal of the requirement to include the primary class on a shipping document only when it can be reasonably determined. TC notes that requiring the primary class on the document only when it can be reasonably determined could lead to misinterpretation of the exemption. As such, the primary class of each residue must be known, since the exemption does not apply to residues that are included in Packing Group I or in Class 1, 4.3, 6.2, or 7. Therefore, TC will maintain the modifications to this exemption in the Regulations, as they mitigate the safety risk that could arise from the misinterpretation of the exemption.

Furthermore, stakeholders questioned the removal of the quantity of drums that do not require the display of the DANGER placard. To reduce confusion, TC specified in the Regulations that, for this exemption, the DANGER placard must be displayed on a road or rail vehicle when on an IBC or more than 10 drums are transported. Stakeholders also noted that not including the placarding requirement for the DANGER placard could lead to misinterpretation. To address this concern, TC included in the Regulations the specific requirements for the display of the DANGER placard.

Reporting requirements — Class 9

Three submissions, containing three comments, indicated that the reporting requirements for dangerous goods transported by road vehicle, railway vehicle or vessel, do not fully account for the fact that some of these dangerous goods are still assigned a packing group. Specifically, stakeholders indicated that removing references to packing groups for dangerous goods included in Class 9 would create confusion in reporting requirements. To address this concern, TC decided to maintain references to packing groups for dangerous goods included in Class 9 in the TDGR.

UN 3380, DESENSITIZED EXPLOSIVE, SOLID, N.O.S.

A single submission containing one comment noted that a special provision referring to the percentage of diluent in the descriptive text was assigned to UN3380 even though UN3380 does not have any descriptive text. To address this discrepancy and improve alignment with international codes, TC did not assign that special provision to UN 3380.

Special Provision 90

A single submission, containing one comment, expressed confusion regarding the amendments to special provision 90, assigned to black powder (gunpowder), noting that the provision provides a partial exemption from certain parts of the TDGR, rather than a full exemption from the Regulations. TC is of the view that limiting the scope of the exemption under special provision 90 is necessary to mitigate the safety risks associated with black powder. Accordingly, TC maintains the reduced scope of the exemption, thereby aligning with existing exemptions for dangerous goods that also pose safety risks.

Transitional period

A single commenter requested that the transitional period be increased from six months to 12 months. In an effort to alleviate stakeholder burden due to the extensive amendments being introduced, TC extended the transitional period from six months to 12 months.

Changes initiated by TC following prepublication

Fire Extinguisher Exemption

As part of the prepublication in the Canada Gazette, Part I, TC proposed relocating the fire extinguisher exemption from Part 1 of the TDGR to Schedule 2, as exemptions that apply to a single UN number are typically located in Schedule 2. This modification was intended to be editorial in nature, as it would not alter existing requirements. However, following prepublication, TC determined that relocating this exemption would create a regulatory gap within the TDGR, as other provisions of the TDGR specifically reference the section of that exemption in Part 1. To avoid introducing such a gap, and to avoid introducing a change that would be more than just editorial in nature, TC maintained the status quo and did not proceed with the relocation of the exemption to Schedule 2. As the status quo is maintained, additional consultations were not required.

Notice of Direction to Remedy Non-Compliance

Under the TDGR, a Notice of Direction to Remedy Non-Compliance must be signed by both the inspector and a designated senior official before it takes effect. As part of the prepublication in the Canada Gazette, Part I, TC proposed to remove the requirement for the notice to be signed by the designated senior official before it takes effect. However, TC determined that removing the requirement for the designated senior official’s signature would eliminate the program’s oversight mechanism for enforcement actions. To preserve this critical oversight mechanism, TC decided not to proceed with the changes proposed in the Canada Gazette, Part I, and to maintain the requirement that both the inspector and the designated senior official must sign the notice before it becomes effective. As the amendment does not propose changes to the existing requirements, no additional consultations are required.

Part 17 — Site registration requirements

TC’s internal oversight process identified that in the Regulations Amending the Transportation of Dangerous Goods Regulations (Site Registration Requirements), which were published in the Canada Gazette, Part II, in October 2023, the exemption from Part 17 was not explicitly mentioned in all applicable special cases under Part 1, namely, all special cases, except the one set out in section 1.16 of the TDGR. Although the situations described in these applicable special cases fall outside the scope of the definition of a “site” and are therefore not subject to Part 17, the absence of an explicit reference created confusion among stakeholders. To improve clarity and reduce confusion, TC explicitly added in the Regulations an exemption from Part 17 in all applicable special cases under Part 1. Although this modification was not included during prepublication in the Canada Gazette, Part I, stakeholders have been informed of TC’s intent to clarify the requirement during the TDG-GPAC and the National Compliance Working Group (NCWG) meeting, and have expressed support for the clarification. They noted that this clarification aligns with the interpretation TC has consistently communicated to stakeholders, namely, that the special cases under Part 1, except section 1.16, are provided an exemption from the site registration requirements found under Part 17 of the TDGR.

Summary of the changes made following prepublication

Indigenous engagement, consultation and modern treaty obligations

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether the Regulations are likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the Regulations in relation to modern treaties in effect. Upon examination, no implications or impacts on modern treaties were identified.

In addition, an assessment of the United Nations Declaration on the Rights of Indigenous Peoples Act was completed. The assessment concluded that the Regulations are not expected to impact Indigenous communities’ economic and social rights.

Instrument choice

Given that the TDGR govern the requirements pertaining to the safe transportation of dangerous goods throughout Canada, it is through regulatory intervention that TC will achieve its objective to advance measures to further improve the safety of Canada’s transportation system.

Canada, as a member of UN agencies, actively participates in the development of the UN Recommendations by (1) attending the UN Economic and Social Council Sub-Committee of Experts on the Transport of Dangerous Goods Meetings (held on a biannual basis) to discuss proposals aiming to amend the UN Recommendations; (2) bringing forward and submitting proposals to amend the UN Recommendations; and (3) providing expert advice and recommendations on international proposals. Further, Canada is expected to adopt into Canadian law the international requirements that are agreed upon and incorporated into the international codes, including the UN Recommendations. To become law in Canada, such requirements must be included in regulations. When there is misalignment with the UN Recommendations, this creates a burden for Canadian operators (as they have to deal with different sets of requirements) and could cause a potential economic disadvantage for trade chain partners. Therefore, no non-regulatory options were considered for changes aimed at aligning or harmonizing the TDGR with the UN Recommendations.

The Regulations will update existing requirements for the rail transportation of dangerous goods to enhance crew safety. These updates will also promote efficient cross-border transportation of dangerous goods for Canada-U.S. trade by providing consignors and carriers with more uniform rules for buffer car requirements. If the status quo were maintained, crew members of unit trains would not benefit from the additional safety protection of buffer cars. In addition, ambiguity would persist about the conditions under which buffer cars could have a negative impact on train dynamics. These changes must be set out in the regulations to fulfill TC’s mandate to maintain a safe, secure, and efficient transportation system.

The TP14877 standard is currently incorporated by static reference into the TDGR. In 2019, TC proposed to separate this standard into two different CGSB standards (rather than TC publications). Incorporation by reference enables TC to maintain agile regulatory frameworks that can more quickly adapt to changes in science or technology, or in response to emerging safety risks. Incorporation by reference can also contribute to international alignment on matters of trade. The incorporation by ambulatory reference of these new standards will optimize the TDGR by keeping them consistent with the most up-to-date version of the standards and the latest industry best practices. This approach results in a more efficient process for updates than a traditional regulatory amendment, while maintaining an adequate and transparent consultation process. Moreover, incorporating the new CGSB standards dynamically will promote a consistent approach throughout the TDGR since, all other MOC standards are already included as ambulatory references.

Regulatory analysis

The Regulations will address ongoing safety concerns, strengthen existing rules, clarify provisions, eliminate inconsistencies, and introduce new rules. Between 2026 and 2035, the Regulations are estimated to impose a total cost of $5.90 million (present value in 2024 Canadian dollars, discounted to the year of 2026 at a 7% discount rate) on affected stakeholders, while generating a total saving of $0.09 million over the same period. As a result, the Regulations are expected to impose a net cost of about $5.81 million between 2026 and 2035. Stakeholder consultations allowed TC to collect pertinent information used in this analysis. For example, information provided by key stakeholders was used to estimate the costs associated with the buffer car requirements.

Following comments received during the prepublication of the Regulations in the Canada Gazette, Part I, TC revised some requirements as explained above. As a result, the cost-benefit analysis was updated to include

Overall, the Regulations are now expected to generate a net cost of $5.81 million between 2026 and 2035, compared to the prepublication estimate of $6.25 million.

Analytical framework

The costs and benefits associated with the Regulations have been assessed in accordance with the Policy on Cost-Benefit Analysis of the Treasury Board of Canada Secretariat (TBS). Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.

Benefits and costs associated with the Regulations are assessed by comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government does not implement the Regulations. The regulatory scenario provides information on the intended outcomes as a result of the Regulations.

The analysis estimated the impact of the Regulations over a 10-year period from 2026 to 2035, with the year 2026 being when the Regulations are expected to be registered. Unless otherwise stated, benefits and costs are expressed in present value in 2024 Canadian dollars, discounted to the year 2026 at a 7% discount rate. The Regulations will come into force upon publication in the Canada Gazette, Part II with a twelve-month transitional period. Note that the formula used to calculate the discounted and annualized values under the Cost-benefit statement and the small business lens follows the methodology prescribed in TBS’s Canada’s Cost-Benefit Analysis Guide for Regulatory Proposals where impacts that occur in the first period are undiscounted.

Affected stakeholders

The Regulations will affect 26 active federally regulated railway companies, all of which are involved in the transportation of dangerous goods throughout Canada. Among these railway companies, CN and CPKC are the largest carriers.footnote 27

The improved alignment with international codes (e.g. UN Recommendations) will affect stakeholders who would otherwise need ECs to transport dangerous goods. Over the last 20 years, TC has issued 48 ECs to unique dangerous goods consignors and carriers under the existing TDGRfootnote 28, 20 of which were issued to non-commercial businesses and 28 to commercial businesses. Among these 28 commercial businesses, 25 of them are considered small businesses.footnote 29

Baseline and regulatory scenarios

Under the baseline scenario, the TDGR would not require unit trains transporting dangerous goods exclusively within Canada to place a buffer car between a railcar transporting a dangerous good and an occupied locomotive. Mixed commodity freight trains transporting dangerous goods would also be exempted from including buffer cars if it is reasonable to conclude that buffer cars may negatively affect the train dynamic. In addition, under the baseline scenario, the TDGR would remain misaligned with other domestic and international frameworks and would contain outdated provisions. The TC safety standard, TP14877, would also remain incorporated by static reference in the TDGR, preventing alignment with new and amended standards and the latest industry best practices. As a result, stakeholders would not only face confusion due to the lack of harmonization between domestic and international frameworks but would also need to request ECs (and renew every five years) for certain activities.

Under the regulatory scenario, the Regulations will enhance crew safety by requiring at least one buffer car between an occupied locomotive and a railcar transporting a dangerous good on all unit trains operating within Canada. They will also specify the circumstances in which a buffer car is not required because of impacts on train dynamic. The Regulations will also update outdated provisions and improve alignment between the TDGR and international frameworks, which will facilitate compliance and eliminate the need for stakeholders to apply for and renew certain ECs. Finally, TC safety standard TP14877 will be replaced by two new standards (CAN/CGSB-43.147 for railcars and CAN/CGSB-43.149 for ton containers), which will be incorporated by reference in the TDGR to ensure consistency across the Regulations.

Costs and benefits

Costs

The total monetized cost associated with the Regulations is estimated at $5.90 million. This cost will be borne by railway companies involved in transporting dangerous goods within Canada, as a result of the new buffer car requirements.

Buffer cars — capital cost

The capital cost of purchasing additional buffer cars was estimated to be $4.95 million based on the total number of required buffer cars needed by the railway companies and the cost per buffer car.

During stakeholder consultations, CN estimated that 30 buffer cars, each costing $100,000footnote 30, will be required to comply with the Regulations. Based on this estimate and the proportion of dangerous goods transported by each railway company in 2019 relative to CN,footnote 31 it was calculated that six railway companies would require a total of 53 buffer cars over the analytical period, assuming that companies with at least 1% of the total dangerous goods transported in 2019 will need to purchase additional buffer cars.footnote 32 This estimate represents the upper limit, as railway companies could optimize the use of their existing fleets to reduce their need for purchasing additional buffer cars. As a result, the one-time capital cost of purchasing buffer cars was estimated to be $4.95 million in 2027 (present value in 2024 Canadian dollars, discounted to the year 2026 at a 7% discount rate).

Buffer cars — operation and management cost

The operation and management cost of buffer cars is calculated by multiplying the projected number of unit train trips within Canada during the analytical period by the cost of operating and managing buffer cars per trip.

The number of domestic unit train trips was estimated using the average number of dangerous good carload movements between 2019 and 2021. As shown in Table 1 below, 0.8% of the total crude oil carloads and 33.8% of all other dangerous good carloads were moved domestically. Assuming each unit train trip consists of 100 carloads,footnote 33 it is estimated that in 2021 there were a total of 143 domestic unit train trips, including eight transporting crude oil and 135 transporting other dangerous goods.

Table 1: Average domestic and non-domestic number of carload movements by dangerous goods type (2019–2021)
  Non-domestic carload movements table b1 note a Domestic carload movements Total carload movements Non-domestic carload movements in percentage Domestic carload movements in percentage
Crude oil 101 067 778 101 845 99.2% 0.8%
All other dangerous goods 26 457 13 536 39 993 66.2% 33.8%

Table b1 note(s)

Table b1 note a

Non-domestic trips include outbound to USA, inbound from USA and from a place in the USA through Canada to another place in the USA .

Return to table b1 note a referrer

Source: Transport Canada

TC’s latest internal analysis on crude oil transportation by rail did not project any increase in carloads. Therefore, domestic unit train trips transporting crude oil between 2026 and 2035 are assumed to remain at the same level as estimated in 2021. However, the analysis projected a 1% annual increase in carloads for other dangerous goods transported by rail. Accordingly, a 1% annual growth rate in domestic unit train trips was assumed for these goods over the analytical period. Therefore, following the twelve-month transition period (i.e. 2027), the total number of domestic unit train trips is expected to be 150footnote 34 (eight transporting crude oil and 142 transporting other dangerous goods). Stakeholders (CN and CPKC) also provided tariffs/fees to be charged onto shippers due to the addition of buffer cars, which are used as a proxy for the operation and management cost of buffer cars per domestic trip of unit trains (see Table 2 below).

Table 2: Operation and management cost of buffer cars per domestic travelfootnote 35
Operation and management items Tariffs
Buffer car loading with non-dangerous material table b2 note a $300
Switching and movement $575
Buffer car storage at a customer’s facility (fee per day) $60 table b2 note b
Table b2 note(s)
Table b2 note a

It is assumed that all buffer cars included in trains carrying dangerous goods are loaded with non-dangerous commodity.

Return to table b2 note a referrer

Table b2 note b

Assuming each travel of a unit train would only require one day of storage at a customer’s facility.

Return to table b2 note b referrer

Source: CN and CPKC, tariffs valid as of 2025. Tariff structure may differ by railway company.

It is assumed that each travel of a unit train will imply a fixed cost for loading, switching, moving, and storing the buffer car for one day at a customer’s facility. The operation and management costs were calculated by multiplying the number of domestic unit train trips by the costs shown in Table 2, resulting in an estimated total of $0.94 million over the analytical period.

New safety standards (CAN/CGSB-43.147 and CAN/CGSB-43.149)

The dynamic incorporation by reference of the two safety standards (CAN/CGSB-43.147 and CAN/CGSB-43.149) in replacement of the TP14877 will allow the Regulations to stay up to date with industry developments and to respond to stakeholders’ needs. The two CGSB safety standards were published in spring 2023. This change will require stakeholders to amend or edit referenced documents such as by updating references to the new CGSB standards. Stakeholders are already complying with the new standards or have already planned to comply with them. At the coming into force of the Regulations, it is expected that very few stakeholders will still need to make minor editorial changes to their existing facility procedures. It is assumed that these stakeholders will not incur any significant additional costs due to these new standards.

Qualitative costs to Government

Buffer car verification and placement on unit trains for domestic trips will be done during routine inspections. This inspection process will be conducted using existing staff and inspectors, and is not expected to impose any additional significant time or costs to the inspection routine.footnote 36

TC’s TDG Public Awareness Program regularly informs stakeholders of updates to the TDGR through education and awareness campaigns by developing information documents, reaching out to targeted audiences, answering questions from the industry, and doing presentations. It is expected that the Regulations will not add additional financial costs to the program. Although any effort associated with outreach and awareness with respect to the Regulations will impose opportunity costs to TC, such costs are expected to be minimal.

TC will also assume some costs to update training materials and deliver training to existing TDG inspectors. These costs are expected to be negligible and will be managed within existing resources.

Benefits

The Regulations will enhance clarity, ensure more consistent interpretation of requirements across Canada, and further improve the safety of dangerous goods transportation. While most of the benefits are discussed qualitatively, harmonization with international codes (including the U.S. 49 CFR) and the incorporation of activities currently authorized under ECs into the TDGR will generate cost savings for both industry and government.

Cost savings to industry

The Regulations will eliminate the need for stakeholders to apply for and renew ECs every five years for certain activities. Based on historical data on active ECs, a total of 48 existing ECs will be eliminated (see Table 3). TC does not anticipate any growth in the number of active ECs over the analytical period.

Table 3: Number of existing ECs to be eliminated
Type of activities Number of existing ECs to be eliminated
EC to allow the use of oxygen cylinder with an open valve during transport for aeration of live fish or medical purposes 29
EC to permit the use of necessary dangerous goods by peace officers to carry out their duties 17
EC to permit the transportation of empty drums or IBCs containing residue of dangerous goods 2
Total of ECs 48

It is assumed that a consignor of dangerous goods will spend three hours completing the documentation for a less complex EC and five hours for a highly complex EC. Eighty percent of all the ECs to be eliminated are less complex and 20% are highly complex. Since ECs are renewed every five years and assumed to be evenly distributed across the renewal period, an average of 9.6 ECs would be issued or reissued per year starting in 2027, totalling 48 ECs over a five-year period. Using the average hourly wage rate of $67.52 for a manager,footnote 37 the total cost savings from eliminating these EC requests and renewals are estimated at $0.01 million over the analytical period.

Cost savings to the Government

The cost savings to the Government are related to the time TC will save for no longer processing and issuing ECs. The processing time varies by complexity: approximately two hours for a less complex EC and 61.5 hours for a highly complex EC (with 80% of ECs being less complex and 20% highly complex). ECs are processed and issued through multiple levels, involving an administrative agent, a senior advisor, and a chief of approvals, with an engineer also required for highly complex ECs.footnote 38 Table 4 presents the hourly salaries of TC employees.

Table 4: TC employee hourly salaries
Employee position Hourly salary table b4 note *
Administrative agent $46.07
Senior advisor $79.08
Engineer $89.81
Chief of approval $90.46
Table b4 note(s)
Table b4 note *

Hourly salaries are based on Treasury Board of Canada Secretariat’s rates of pay for public service employees. The highest step of rate is used plus a 30% overhead. Administrative agent, Senior advisor, Engineer and Chief of approval are respectively AS-1, PC-03, ENG-04 and PC-04.

Return to table b4 note * referrer

The Regulations are expected to result in a cost saving of $0.07 million to TC for no longer processing and issuing ECs.

Qualitative benefits

National and international alignment

Aligning with other Canadian and international frameworks will benefit dangerous good consignors and carriers by reducing the burden associated with having to comply with different sets of rules, some of which will also address potential safety risks. For example, uniform and consistent sets of rules related to radioactive substances across Canada will facilitate shippers’ compliance efforts and improve overall safety (see explanations in the “Issues” section).

Given that rail transportation is an important component of Canada-U.S. trade, the Regulations will support efforts made between Canada and the U.S. to reduce duplication across the Canada-U.S. border and to align, where possible, regulatory requirements respecting rail transportation in North America. As such, the Regulations will facilitate cross-border trade, promote economic growth and, thus, benefit both consumers and businesses.

Outdated provision

The requirement to notify local police, in writing, about the nature of the dangerous goods in advance of the transport of these goods will not be necessary under the Regulations, since the transport of these dangerous goods must be compliant with the regulatory requirements. The elimination of this action will reduce the burden on carriers.

Buffer car requirements

The Regulations will help enhance train safety by requiring at least one buffer car to be placed between an occupied locomotive and a rail car transporting a dangerous good for all unit trains travelling within Canada. The buffer car, which can be loaded with non-dangerous good materials or empty, is intended to keep dangerous goods separated from personnel, engine or the tender and, if needed, to separate incompatible dangerous goods from each other. By creating a separation distance with the dangerous goods, the addition of a buffer car will allow train crews more time to safely exit a locomotive in the event of an incident.

In Canada, there has been no report on or investigation of incidents directly related to the absence of buffer cars in unit trains transporting dangerous goods domestically. While no incidents have been formally attributed to the absence of buffer cars in unit trains, past derailment evidence supports that buffer cars significantly enhance crew safety by reducing exposure to fire and explosions. Additionally, following the investigation of two separate derailments of unit trains carrying flammable liquids, which resulted in breached tank cars and fires in the United States, the U.S. National Transportation Safety Board recommended the use of buffer cars to promote an adequate separation distance between dangerous goods cars and occupied railway vehicles for the protection of train crews during normal operations and incident conditions.footnote 39

Despite the net monetized cost of the Regulations, TC considers that the total benefits — including qualitative safety benefits — will outweigh the monetized costs.

Cost-benefit statement
Table 5: Monetized costs (present value)
Impacted stakeholders Costs description Base year (2026) Year 2027 Year 2028 Final year (2035) Total present value Annualized value
Railway companies   Purchase of additional buffer cars $0 $4,953,271 $0 $0 $4,953,271 $659,098
Buffer cars operation and management cost $0 $130,963 $123,554 $82,200 $944,364 $125,660
All stakeholders Total costs $0 $5,084,234 $123,554 $82,200 $5,897,636 $784,758
Table 6: Monetized benefits (present value)
Impacted stakeholders Costs description Base year (2026) Year 2027 Year 2028 Final year (2035) Total present value Annualized value
DG consignors Cost savings to consignors and carriers $0 $2,060 $1,925 $1,199 $14,358 $1,911
Transport Canada Cost savings to TC $0 $10,432 $9,750 $6,072 $72,726 $9,677
All stakeholders Total costs $0 $12,492 $11,675 $7,270 $87,085 $11,588
Table 7: Summary of monetized costs and benefits (present value)
Impacts Base year (2026) Year 2027 Year 2028 Final year (2035) Total present value Annualized value
Total costs $0 $5,084,234 $123,554 $82,200 $5,897,636 $784,758
Total benefits $0 $12,492 $11,675 $7,270 $87,085 $11,588
NET IMPACT $0 -$5,071,742 -$111,880 -$74,930 -$5,810,551 -$773,170
Qualitative costs
Qualitative benefits

Small business lens

Analysis under the small business lens concluded that the Regulations will impact small businesses. Dangerous goods carriers and consignors that are small businesses will benefit from the expected cost savings resulting from the introduction of new provisions, which eliminate the need to apply for ECs for certain activities. A total of 25 consignors and carriers identified as small businesses are expected to benefit from the removal of the need to apply for ECs. As a result, the total cost savings for these 25 businesses is estimated at $7,478, or $299 per business.

The buffer car requirements will not impose any cost on small businesses, as railway companies which will be affected by the buffer car requirements are not considered small businesses.

Small business lens summary
Table 8: Compliance costs saving
Activity Annualized value Present value
Cost savings to consignors and carriers $865 $7478
Total benefit $995 $7478
Benefit per impacted business $40 $299

One for one rule

The one-for-one rule applies, since there will be an incremental decrease in the administrative burden on business. The proposal, therefore, is considered a burden “out” under the rule. No regulatory titles are being repealed or introduced.

As previously explained, 28 dangerous goods consignors and carriers will no longer need to request ECs and renew them every five years when needed. Using data and assumptions presented above, and the methodology prescribed in the Red Tape Reduction Regulations, it was estimated that the annualized administrative cost savings would be $327, or $11.68 per business (2012 Canadian dollars, 7% discount rate, base year of discounting in 2012) for a 10-year period between 2026 and 2035.

It is also important to note that the repeal of the outdated form templates and tables in Part 16 will not result in incremental changes in the administrative burden on businesses. TC inspectors will continue collecting the same information from stakeholders but will record that information in new forms. Therefore, stakeholders will not be affected by this amendment.

Regulatory cooperation and alignment

The Regulatory Cooperation Council (RCC) is a joint initiative that brings together Canadian and U.S. regulators to reduce unnecessary differences between their regulatory frameworks. It provides a forum for stakeholders to discuss regulatory barriers and identify opportunities for regulatory cooperation. Under the RCC, Canada and the U.S. outline planned initiatives and identify opportunities to increase regulatory reciprocity on numerous issues, including the cross-border transportation of dangerous goods.

While the Regulations are not directly related to a specific RCC initiative, they will complement efforts made under the Canada-U.S. Regulatory Cooperation Council Work Plan to align requirements around the transportation of dangerous goods between Canada and the U.S., namely, the buffer car requirements for unit trains.

The Regulations will support efforts made between Canada and the U.S. to reduce duplication across the Canada-U.S. border and to align, where possible, regulatory requirements respecting rail transportation in North America. As such, the Regulations will facilitate cross-border trade, promote economic growth and, thus, benefit both consumers and businesses.

International obligations

The Regulations support TC in meeting its international trade obligations, as outlined in the World Trade Organization agreement on Technical Barriers to Trade. The Regulations also align with commitments taken in the Canada-US-Mexico Agreement (CUSMA), specifically Articles 11.4 and 11.5, as they align TC’s technical regulations with international standards. Furthermore, the Regulations bring Canada in closer alignment with U.S. regulations, which reduces unnecessary obstacles to trade in the rail sector. For these reasons, the Regulations take into consideration Canada’s international obligations and align with its relevant trade obligations.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, and the Transport Canada Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment process was followed, and a Sustainable Transportation Assessment was completed. No important environmental effects are anticipated as a result of the Regulations. The assessment considered potential effects on the environmental goals and targets of the Federal Sustainable Development Strategy.

Gender-based analysis plus

The Regulations will primarily impact companies, which are legal entities. They will impact stakeholders who import, handle, offer for transport or transport dangerous goods in Canada. Therefore, the Regulations are not expected to have any differential impacts based on factors such as sex, gender, race, sexual orientation, age, disability, ethnicity and/or religion.

Implementation, compliance and enforcement, and service standards

Implementation

Coming into force

The Regulations will come into force upon publication in the Canada Gazette, Part II.

Transitional period

The Regulations, including compliance with MOC standards, include a 12-month transitional period during which stakeholders could continue complying with the TDGR as they read on May 1, 2026. At the end of the 12-month transitional period, stakeholders would have to comply with the new requirements.

Stakeholder awareness and inspector education

To raise awareness about the Regulations after they are published in the Canada Gazette, Part II, TC will inform stakeholders of the amendments via the TDG Public Awareness Program, which will include the following:

TC’s TDG Inspector Education Program also develops, updates, and delivers training and training products along with standard operating procedures to promote a consistent and uniform application of the TDG Compliance Strategy. TDG inspectors receive training on all amendments to the TDGR. Stakeholder awareness, inspector education and training, compliance and enforcement will be managed within existing TC resources.

Compliance and enforcement

TC inspectors regularly conduct scheduled and unscheduled inspections to verify if dangerous goods are handled, offered for transport, transported, or imported in compliance with the TDG Act and the TDGR. The Regulations will be enforced as part of these inspections. For example, TC inspectors will, as applicable, verify the placement of buffer cars on unit trains for domestic voyages.

Should an inspector identify non-compliance with the TDGR, appropriate enforcement action will be taken, which will depend on the nature and severity of the infraction and any history of non-compliance. Appropriate action could include the issuance of verbal or written warnings, the detention of the dangerous goods, the issuance of a contravention ticket under the Contraventions Act, or recommending the revocation of a registration certificate or even a criminal prosecution. Any enforcement actions taken in relation to the Regulations will be determined in accordance with TC’s Enforcement Policy, which sets out guiding principles to help establish that enforcement actions are consistent, predictable, and appropriately calibrated to the level of risk and harm associated with the infraction.

These enforcement actions are key elements of TC’s efforts to reduce risk to life, to protect property, to reduce environmental impacts, and to support the continued efficiency and effectiveness of the national transportation system.

Contact

Stephen Ellsworth
Director
Policy and Regulatory Services
Transportation of Dangerous Goods Program Hub
Transport Canada
L’Esplanade Laurier (ASDD)
300 Laurier Avenue
Ottawa, Ontario
K1A 0N5
Email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca