Transport Canada has released for comment a White Paper, Training in the Transportation of Dangerous Goods: A White Paper, outlining the changes it is proposing to the training requirements for individuals responsible for transporting dangerous goods in and out of Canada.

 “Competency” to be Proven

Concerns have been expressed, often post-incident, as to the sufficiency and quality of training of company dangerous goods representatives.  The White Paper represents a fundamental training threshold shift from mandating ‘adequately trained’ representatives to demonstrable ‘competent persons’  Included within these certification changes will be:

  • competency-based training and assessments (CBTA), including performance expectations based on an individual’s job functions;
  • standards and guidelines to supplement the CBTA framework; and
  • standardized dangerous goods testing administered by the public sector.

These changes will mean that company dangerous goods representatives will need to meet demonstrated testing standards in order to quality or remain tasked with dangerous goods administration.  Companies may look upon these testing changes as better due diligence protections than past self-reporting of training “adequacy”.

Transport Canada is also proposing the mandating of employee skills necessary to perform dangerous goods-related job-related functions, as well as performance criteria for assessing the outcome.

More Coordination With Provinces / Territories

The training changes are part of a larger effort by Transport Canada to better coordinate with provincial and territorial governments, which also have some jurisdiction over dangerous goods transportation requirements.  It’s less clear if a long-term move towards harmonization, as has occurred with WHMIS, might be in store for dangerous goods movements.

Author

Jonathan D. Cocker heads Baker McKenzie’s Environmental Practice Group in Canada and is an active member of the firm's Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environmental and product compliance matters, including extended producer responsibilities, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, and contaminated lands matters. He assisted in the founding of one of North America’s first Circular Economy Producer Responsibility Organizations and provides advice and representation to a number of domestic and international industry groups in respect of resource recovery obligations. Mr. Cocker was recently appointed the first Sustainability Officer of the International Bar Association Mr. Cocker is a frequent speaker and writer on environmental issues and has authored numerous publications including recent publications in the Environment and Climate Change Law Review, Detritus – the Official Journal of the International Waste Working Group, Chemical Watch, Circular Economy: Global Perspectives published by Springer, and in the upcoming Yale University Journal of Industrial Ecology’s special issue on Material Efficiency for Climate Change Mitigation. Mr. Cocker maintains a blog focused upon international resource recovery issues at environmentlawinsights.com.