Transport of Dangerous Goods

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Transport Canada has announced that the Bill to Amend the Transportation of Dangerous Goods Act, 1992 has been tabled in the House of Commons for First Reading on May 26, 2008.  Next steps will be Second Reading and Committee with the timing unknown and then Third Reading and on to the Senate for review and Royal Ascent.  This review period of the TDG Act has been ongoing since March 2004 and has taken this time somewhat due to the new 'security' addition.

The main amendments to the Act fall into two categories - new security requirements and safety amendments.  The more significant items are:
Security:
- require security plans and security training;
- enabling the use of Emergency Response Assistance Plans to respond to a terrorist release of dangerous goods;
- require a transportation security clearance for the dangerous goods, (e.g. truck drivers), as well as an appeal process;
- enable the use of Security Measures and Interim Orders (as Public Safety Act and ten other existing Parliament Acts); and
- enable regulations to be made to require that dangerous goods are tracked during transport, or reported if lost or stolen.

Safety:
- reconfirm that the Act is applicable uniformly throughout Canada;
- reinforce and strengthen Emergency Response Assistance Plan Program;
- enable inspectors to inspect any place for which a means of containment is being manufactured, repaired or tested (under a warrant if a private dwelling);
- change the concept of importer to clarify who is the person in Canada that needs to meet the obligations of the Act;
- enable a shipping record to be used in court as evidence of the presence of a dangerous good in a means of containment; and
- enable the use of 'Temporary Certificate' to replace ESTOPPELS (non-spec tank car process).

These amendments to the Act will allow Transport Canada to then bring changes to the TDG Regulations that will impact our transportation of dangerous goods business, particularly around security.  Please share with those who require this information and advise if you no longer are the contact for this information and who has replaced you.

For further information you can go the Transport Canada's website:
http://www.tc.gc.ca/tdg/consult/actreview/menu.htm