New Reporting Requirements for Transporting Dangerous Goods in Canada

Transport Canada recently amended the Transportation of Dangerous Goods Regulations (“TDGR”). The Amendments came into force on June 1, 2016. Companies engaged in transporting dangerous goods should be aware that the reporting requirements have been modified.

The Amendments place the TDGR in line with the requirements of the United Nations Manual of Tests and Criteria and harmonize the TDGR with reporting requirements of the International Civil Aviation Organization – a specialized agency of the United Nations.

A broader definition of “release” has been incorporated in the new reporting requirements. Additional requirements for information to be included in the reports have also been specified.

Emergency Report – Road, Rail and Marine Transport

For road, rail and marine transport, emergency reports must be made as soon as possible to the local authority responsible for responding to emergencies if a release or anticipated release of dangerous goods during handling, offer for transport or transport by road, rail or ship exceeds or could exceed the quantity specified and if the release, real or anticipated, could endanger public safety. The quantity limits have also been changed and vary by the type of material being transported. A 30 day follow up report is also required.

A subsequent report to the Canadian Transport Emergency Centre (CANUTEC) may also be required if the release or anticipated release results in the death of a person, a person sustaining injuries requiring immediate medical treatment by a health care provider, an evacuation of people or their shelter in place, or the closure of a facility, a road, a main railway line or a main waterway.

Dangerous Goods Accident or Incident Report – Air Transport

A report must be made to CANUTEC in relation to aircraft and related facilities where a release, real or anticipated, of any quantity of dangerous goods endangers or could endanger public safety and results in the death or injury of a person, damage to property or the environment, the closure of a runway, an aerodrome or an air cargo facility, an evacuation or a shelter in place, serious jeopardy to the aircraft or its occupants or if there is evidence that the integrity of the means of containment has been compromised. In certain circumstances, this report must also be made to the Canadian Nuclear Safety Commission. A 30 day follow up report is also required.

Undeclared or Misdeclared Dangerous Goods Reports

A person who discovers undeclared or misdeclared dangerous goods transported by aircraft must report to CANUTEC as soon as possible.

Security Reports

Loss or theft of certain dangerous goods must be reported as well as any incidents where individuals have tampered with dangerous goods.

We will continue to monitor any further legislative changes concerning transportation of dangerous goods in Canada.

Contact details and biography of the author at Jonathan D. Cocker.

Jonathan D. Cocker heads the Firm’s Environmental Practice Group in Canada and is an active member of firm Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environment, health and safety matters, including product content, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, extended producer responsibilities and contaminated lands matters. He appears before both EHS tribunals and civil courts across Canada. Mr. Cocker is a frequent speaker and writer on EHS matters, an active participant on EHS issues in a number of national and international industry associations and the recent author of the first edition of The Environment and Climate Change Law Review (Canada chapter) and the upcoming Encyclopedia of Environmental Law (Chemicals chapter).