2018 TDG Registration and Fines FAQ

REGISTRATION and FINES and FAQs, OH MY!

February and March contain some interesting items potentially impacting the Canadian TDG landscape…

Registration-CID Consultation

Transport Canada, through a consultation notice published in late February, has solicited input from stakeholders on a plan to require those who handle/offer for transport, transport or import dangerous goods to register with Transport Canada.

The premise is that, “… public safety depends” on Transport Canada knowing who is transporting DG, including where, when, and how much. The main thrust of this proposal seems to be for targeting enforcement and consultation activities.

The proposal as currently presented does not appear to distinguish among the size, frequency, or nature of DG involved; and will require period re-registration with submission of data to the “Client Information Database” (CID).

There’s nothing in the posted information to indicate whether there will be a cost to “clients” for registration, in addition to the record-keeping burden they will bear.

(For those familiar with the 49 CFR §107 (Subpart G) requirement, intended to subsidize government response activities, this TDG version does not serve the same purpose.)

The only exemptions currently contemplated, extend to those falling under a TDGR Part 1 “special case” exemption. This contrasts with 49 CFR’s registration which has exemptions based on load sizes and hazard types.

The TC proposal and comment provisions are found at:
https://letstalktransportation.ca/cid

Contraventions Regulations

While not directly cited in the Transport Canada TDG Act or regulations, the Contraventions Act and associated regulation provide for tickets, as opposed to criminal code prosecutions, to be issued for regulatory breaches. These ticketing provisions allow penalties to applied for contraventions of a less serious nature that may not justify the administrative burden of a criminal trial.

Schedule XV of the Contraventions Regulations provides for fines of $500, $700 or $1000 to individuals or organizations for breaches of the TDG Act or regulations.

The February 21st publication has included three main aspects:

• reducing the mandatory description of the offences to make it easier to fit the space on the ticket;
• clarifies the wording by updating to the expressions in the current version of the
  TDG Act;
• adding some contravention descriptions (e.g. failing to report loss or theft)

The Enforcement Action Summaries which appeared last year, provide some insight into contravention tickets issued as well as orders. Note that despite the indication on the page referenced below, 2017 currently contains a listing of January 2018 entries under the 2017 tab.

TDG Contraventions:
http://www.tc.gc.ca/eng/tdg/ticketing-menu-205.htm

Enforcement Actions Summaries:
http://www.tc.gc.ca/eng/tdg/summaries-2017.html

FAQ – Methanol Classification

A significant entry into the FAQ section of the Transport Canada website is a series of Q/A on classification of methanol-containing substances.

In essence, Transport Canada’s position appears to be that:

• any substance containing methanol at a flammable level, with no other DG present, must ship as UN1230, Methanol (or Methanol solution), 3, PG II – regardless of the actual flash point; and
• any flammable liquid which has methanol must be considered as subsidiary 6.1 regardless of the methanol percentage.

It may have been a little a little clearer if the appropriate information was included under “special provisions” for UN1230 and specific applicable generic entries.

There may be some confusion where, e.g. for things like UN1263, Class 3 or UN1950, Class 2.1 when there are more flammable ingredients with a small amount of methanol. Another point to note is that 49CFR for domestic US shipment, does not assign a Class 6.1 subsidiary hazard.

The effect of these FAQ is that the “may” in TDGR Part 2, s.2.19(2)(b) essentially becomes “must” for methanol solutions.
I would expect that these FAQ will lead to some additional questions and requests for clarification.

The FAQ is found at:
http://www.tc.gc.ca/eng/tdg/awareness-materials-and-faq-1159.html#methanol

FAQ – Use of US Special Permits in Canada

This FAQ is, in my opinion, quite clear and useful. It clarifies the meaning of reaching “first destination” when an imported shipment has multiple delivery points. As long as each delivery address is shown on the shipping papers, then the “first destination” applies to that vehicle for each destination. Example scenarios are given.

An additional item is that a shipment refused and returned to the US may be returned under the conditions of the special permit.

In all other cases the Canadian Consignor needs to get a Transport Canada “equivalency certificate” to re-ship when the subject of the US special permit is not already in the TDG regulations as a Canadian option.

This FAQ is at:
http://www.tc.gc.ca/eng/tdg/awareness-materials-and-faq-1159.html#a14_par

P.S.

A reminder that the March 30 deadline is approaching for comments on the proposed 3rd Edition of TP14850:
http://www.tc.gc.ca/eng/tdg/publications-standards-menu-1094.htm

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Related Reading on TDG Methanol Updates:

Big Change in Methanol Transport Classification (TDG)