After more than seven years of work, the Dangerous Goods Directorate within Transport Canada on Aug. 7, 1999, published the long-awaited final draft of the "Clear Language" version of Canada's dangerous goods transport regulations in the Canada Gazette. The final rule was published on Aug. 15, 2001.

The original intent of Clear Language was to rewrite the regulations so they would be "understandable and inviting to read." While the new version was under development, Transport Canada promised to "change only the format without affecting the content." But a reading of the final publication that took effect Aug. 15, 2002, makes it readily apparent that the agency couldn't keep its promise. Despite its good intentions, the Dangerous Goods Directorate found it necessary to publish two amendments to the Clear Language regulations.

The first amendment, which took effect Aug. 15, 2002, addressed only "limited quantities" and did not recognize the description "Consumer Commodity," which is commonly used to describe personal care or household-use products containing limited quantities of hazardous materials and which are intended or suitable for retail sale. Thus, the currently authorized package markings for ORM-D shipments in the United States would not have met the Canadian regulations, and such packages would have to be marked "Limited Quantity" or "Quantité limitée" for reshipping in Canada.

But shippers can take heart: A second amendment that will address that omission appeared in the Canada Gazette I on July 20, 2002. It should become effective prior to year's end, provided that comments submitted during the required 60-day comment period are positive.

This amendment is of great importance to those who ship consumer products for distribution in Canada. The proposed amendment includes a provision that will allow such packaging to be marked with the words "Consumer Commodity" or "Bien de Consommation." This would permit packaging marked "Consumer Commodity, ORM-D" to be offered in transborder commerce for reshipping without further marking.

Keep in mind, though, that Canada's Transport Dangerous Goods Regulations (TDGR) do not apply to vehicles that are transporting an accumulation of packages with those markings. Outer packagings that contain a limited quantity or consumer commodity must be so marked and are limited to a gross mass of 30 kg. As for documentation, if the gross mass of an accumulation of limited quantities that one consignor is offering for transport to one destination is greater than 500 kg, the consignor must provide the carrier with a shipping document. This document does not have to comply with all of the requirements applicable to dangerous goods shipping papers set out in Part 3 of the TDGR. But it must include the words "Limited Quantity" or "Quantité limitée," the abbreviation "Ltd. Qty." or "Quant. Ltée.," or the words "Consumer Commodity" or "Bien de Consommation." It also must list the hazard classes of those dangerous goods in the accumulation.

The amendment also states that TDGR Section 1.17 does not differentiate between limited quantities and consumer commodities. It further cautions that if a package marked "Consumer Commodity" is offered for transportation into the United States, it must meet the definition of a consumer commodity in 49 CFR, and when shipped by air or water, it must also comply with the applicable modal regulations.