Beware of surprises in new Canadian rules

By John V. Currie -- Logistics Management, 11/1/1999

On Aug. 7, 1999, Canada's Department of Transport published a supplement to Canada Gazette, Part I that sets out the new "Clear Language" version of the Transportation of Dangerous Goods Regulations (TDGR). The new version's stated purpose was to simplify regulatory requirements and make the contents "understandable and inviting to read." The language and the format of the regulations were supposed to be changed without affecting the content. But a review of the supplement shows that the revisions, in fact, include numerous changes that affect compliance and liability.

Hazmat shippers that do business in Canada should carefully examine the new regulations for changes. What follows is a look at some of the most important modifications.

- Liability. The definitions for some new terms in the TDGR may significantly affect liability for compliance. There is a new section on carrier liability, for example, that includes freight forwarders, which are now defined as carriers when in possession of dangerous goods in transit.

- "Low-threat consignments." The new regulations exempt "low-threat consignments" (LTCs), some of which are classified as "consumer commodities" in the United States, from packaging and labeling requirements. In contrast to the 49 CFR provisions, the new version of TDGR states that an aggregate shipment of LTCs that exceeds 500 kilograms and is being shipped from one consignor to one destination requires a shipping paper that describes the dangerous-goods classes and includes the letters "LTC." Some LTC consignments that are exempted from the TDGR, moreover, are in quantities that will be fully subject to 49 CFR and must be classified, described, packaged, marked, labeled, and placarded when transported into the United States. As a result, even though TDGR permits shippers to treat LTCs as fully regulated materials, many feel that the only way to remain competitive in Canada while ensuring compliance in the United States will be to maintain separate inventories for each country.

- Labeling. The new version of TDGR in some cases deviates from the current international labeling requirements for subsidiary hazards by requiring only a single subsidiary hazard label even when the material has more than one subsidiary hazard. Furthermore, in another deviation from international practice, the United Nations identification number now may be shown in a white rectangle located directly on the hazard-class label. Other safety-mark deviations from international standards include requirements for marking the flashpoint on a package containing Class 3 flammable liquids, specifying placards for infectious substances in Class 6.2, and requiring special placarding and I.D.-number markings on transport units containing materials that require an Emergency Response Assistance Plan (ERAP). The ERAP requirements, by the way, have been extended to additional commodities and now include a written assessment of what could happen if an accident occurred.

- Packaging. The new version now includes standards for manufacturing, maintenance, and selection of "means of containment" or packaging intended for dangerous goods. The transition period for the packaging provisions extends to Jan. 1, 2003.

Many people have complained that the 90-day comment period is too short to allow them to assess the impact of the "Clear Language" version and provide substantive comments. Comments were due on Nov. 5, and the new version will take effect six months after the publication date of Part II of the Canada Gazette.

John V. Currie's firm, Currie Associates Inc., provides safety and compliance audits, consulting services, customized training manuals, and public and in-house seminars. He may be contacted at 1118 Bay Road, Lake George, NY 12845. Phone: (518) 761-0668. E-mail: mail@currieassociates.com. Web site: www.currieassociates.com.