Transport Canada, in what has become a series of proposed amendments, has issued a consultation White Paper on updates to the Transportation of Dangerous Goods (TDG) Regulations (TDGR) Part 12 Air.
This part references the International Civil Aviation Organization (ICAO) Technical Instructions (TI) along with TDG-specific supplemental requirements and exemptions. Some ICAO references date back to 2002 and changes to the TI have made some TDG provisions redundant or in need of updating. Also, there are some clarifications proposed to better align with the Canadian Aviation Regulations under the Aeronautics Act.
In the interest of clarification, Transport Canada hopes to increase the “one window” approach, wherein material is incorporated into the Part 12 TDGR rather than simply referencing an external document. This self-contained approach will still have to consider that changes to external documents might make references a more practical approach in some areas. The objective is also to harmonize this proposal with the “dynamic” (aka “ambulatory”) approach taken with the TDG International Harmonization Amendment.
Geography Counts – Limited Access Exemptions
A potential improvement to Part 12 includes adding a definition of “Limited Access”. The proposed definition reads:
“a location to or from which the transport of dangerous goods by means other than by aircraft is not reasonably possible, for at least three (3) consecutive months per year.”
The journey would not be restricted to a specific time of year. However, a journey from a non-limited access location, to a second non-limited access location, ending at a third limited access location, can only apply a Limited Access exemption provision between the second and third destination. The first to second flight must comply (an example is given in the White Paper, with further clarification in Annex B “Details…” to the White Paper).
Another clarification in the proposal is to reinforce the carrier’s “consignor” responsibilities when accepting shipments under Limited Access exemption.
Changes – Additions – Deletions
No section of the current TDG Part 12 is untouched by this proposal. In addition to clarifying Limited Access criteria and other modifications, new provisions are proposed for: “animal repellants” (e.g. bear spray), UN3012 “signal cartridges” (e.g. “bear bangers”), DG required to provide emergency services or aerial fire suppression, DG for operation of an aircraft, or DG transported by peace officer in the exercise of duties.
Some provisions considered redundant, or excessively exempted, under current IATA TI that may be removed include the current sections: 12.6 (toxic and infectious substances), 12.8 (Packing Instruction Y963), 12.9(12) (sodium chlorite and hypochlorite solutions), 12.11 (geological core samples), 12.13 (measuring instruments). Some existing “Equivalency Certificates” will be withdrawn as a result of changes formalizing the exemption in the proposed amendment.
Interested parties have until August 8, 2017 to provide input to this pre-Gazette I proposal. The Gazette I notice is expected to be published by early 2018.
Annex B to the White Paper provides a fairly readable map to the changes. The link below introduces the proposal, and contains further links to the White Paper, Annexes, background documents and feedback options: