Consignor’s Certification – TDG Update of Standards

I Declare!

Transport Canada has generated a fair amount of discussion with the introduction (to be mandatory July 15, 2015) of Section 3.6.1, the “Consignor’s Certification”, to the Transportation of Dangerous Goods Regulations (TDGR) in the July, 2014 “Update of Standards” amendment.

The issue is not so much the fairly common wording (although the wording may underlay some of the concern- more on that to follow) of the Certification declaration. Rather there is some concern over whose name must appear and how it is displayed on the document. The latter discussion usually focuses on whether or not a “signature” is required for the declaration, which starts “I hereby declare…”.

It may be useful to review this issue in the light of the actual wording in Part 3 and the definitions in Part 1 of the TDGR.

Section 3.6.1(2) states:

“The certification must be made by an individual who is the consignor or by an individual who is acting on behalf of the consignor and must set out that individual’s name.”

Signatures

Nowhere is there mention of a “signature” (i.e. “a person’s name written in a distinctive way…”- Oxford English Dictionary, online edition at 2014-10-08- OED).

The term “set out” is not defined in the TDGR. Although it is not quite as clearly defined as “signature”, the phrase “set out”, in the OED, includes to “…display something…in a particular position”. This would seem to imply Continue Reading…

TDG Update – Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)

On July 2, 2014, Transport Canada issued its amendment regarding updating the Transportation of Dangerous Goods Regulations (TDG) to reflect recent international standards, and to incorporate some new packaging standards. This amendment is intended to harmonize Canada’s regulations more fully with those used for international shipment, therefore simplifying international transport and improving safety. Please note that is a separate amendment from the one issued at the same time regarding safety marks.

The first thing you’ll notice in this amendment is the table in section 1.3.1, Table of Safety Standards and Safety Requirement Documents, has been extensively revised. Many standard references have been updated to more current versions; one of the most significant updates is the new reference to the Seventeenth Edition (2011) of the UN Recommendations on the Transport of Dangerous Goods. Also, some standards have been deleted, such as CAN/CGSB 43.150, “Performance Packagings for the Transportation of Dangerous Goods,” from the Canadian General Standards Board. Instead, new standards such as Transport Canada Standard TP14850, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and 9” have been added. This will bring in a whole new system for selecting packagings for these classes. Other new standards will introduce UN packaging provisions for portable tanks and rail containers.

Not all standards have been updated; note, for example, that CAN/CGSB 43.125, “Packaging of Infectious Substances, Diagnostic Continue Reading…