TDG – Unit 1
Introduction to TRANSPORTATION of DANGEROUS GOODS
Each day, vast amounts of dangerous goods are
transported across Canada by a variety of means - road,
rail, water and air. These dangerous materials cover a
wide variety of goods ranging from industrial chemicals
and manufactured products, to organisms classified as
dangerous
Introduction to TRANSPORTATION of DANGEROUS GOODS
When not handled safely, hazardous materials can pose a serious threat to both
the environment and humans. It is essential that all parties involved manufacturers, shippers, carriers, terminals, users and government, continually
work towards minimizing the risks involved in the transportation of dangerous
goods. To this end, the Canadian government has developed statutes and
regulations that apply to all stages of the movement and inspection of dangerous
goods, as well as enforcement programs to ensure compliance with the
legislation.
What is a Dangerous Good?
Many products pose some danger while in transport, but
dangerous goods are products that are considered
inherently dangerous whether or not they are in transport.
According to the statutes, a dangerous good is essentially
“a product, substance or organism included by its nature or
by the regulations in any of the classes listed in the
schedule to the Act”. The “classes” of dangerous goods are
used to organize dangerous goods so we will have a better
understanding of the dangers associated with them.
This topic will be covered in detail later in the course.
“Transportation”
The Act and Regulations have a broad view of the definition of
"transportation". It involves much more than coverage of products
while in transport. There are specific "handling" standards that cover
the packing and loading, and storage of any dangerous good through
all means of transport.
The statutes also set out specific requirements concerning the
"offering for transport" standards that regulate the front-end
preparation of transport documents by consignors, the safety marking
of goods, and the relaying of instructions to carriers.
The Governing Statutes
In the 1980’s, legislation governing the transportation of
dangerous goods was developed by the Canadian government
to improve environmental safety and to provide a uniform
system across Canada for the transportation of these goods.
The legislation concerning the transportation of dangerous
goods consists of two elements - the Transportation of
Dangerous Goods (TDG) Act and the supporting
Transportation of Dangerous Goods Regulations. The Act
and Regulations provide a framework for the TDG system that
includes and clearly outlines the responsibilities of all parties
involved in this process.
The TDG Act and TDG Regulations
The TDG Act and Regulations establish specific provisions
governing all aspects of the movement of these goods.
Under the Act and Regulations, anyone who handles, offers
for transport, or is involved in the transportation of
dangerous goods must receive appropriate training or be
working under the direct supervision of someone who has
been trained. In short, dangerous goods cannot be
transported in Canada unless it is done so in compliance
with the Transportation of Dangerous Goods Act and the
TDG Regulations.
THE TDG ACT
The original TDG Act was enacted in 1980 and was
followed by the development of federal and provincial
Regulations for the transportation of dangerous goods by
all persons involved in the transportation process, and, by
all means of transport.
The TDG Act deals mainly with the broad requirements
of the legislation such as governance, enactment,
exceptions, inspection, enforcement, offences and penalties.
THE TDG ACT (cont.)
The act underwent a major revision in 1992 which served to
address a number of inconsistencies and developments
which had developed over time. The major change is that
the TDG Act, 1992, was enacted in relation to all matters
that are within the legislative authority of Parliament. In
addition, the wording of the TDG Act, 1992, closed a
number of loopholes, areas of confusion and
inconsistencies.
Violation Remedies and Penalties
Effective enforcement requires that knowledgeable persons
monitor the flow of dangerous goods to ensure compliance with
the Act and Regulations. For that purpose, the Act has created
inspectors to cover the many facets of packaging and
transportation of dangerous goods and given them various
powers to ensure public safety.
When an inspector determines that dangerous goods are being
handled or transported, they may inspect the consignment
(quantity of goods and the means of containment for transport)
and use the powers under the Act to ensure that any movement
of the dangerous goods is in compliance with the Act and
regulations. On occasion, it may be necessary to prosecute
offenders and the Act provides for this type of enforcement
action.
Prosecutions
Prosecutions are undertaken for violations of specific sections
of the Act. The penalty provisions provide for fines up to
$50,000.00 for first offences and $100,000.00 for subsequent
offences in summary conviction proceedings, and up to two
years imprisonment for indictable offences.
The Act also contains some special provisions with respect to
orders that may be made by the convicting Court. The orders
may be made in addition to any other penalty imposed and
they cover such matters as prohibiting a person from engaging
in an activity regulated by the Act, requiring a person to
compensate others, repair damage to the environment, or,
contribute to research in respect of the transportation of
dangerous goods.
THE TDG REGULATIONS
The TDG Regulations contain the practical and specific details we
need to achieve compliance with the Act. The TDG regulations
were initially circulated under the federal Transportation of
Dangerous Goods Act in 1985 and they have since been adopted
by every province and territory in Canada.
THE TDG REGULATIONS - Jurisdiction
The federal version of the regulations covers
international and inter-provincial shipments of dangerous
goods, while the provinces and territories oversee
dangerous shipments within each province or territory.
The federal and provincial TDG regulations are basically
identical with the main difference involving jurisdiction.
“Clear Language” TDG Regulations
Over the years, the TDG regulations have undergone many
amendments to reflect the changes to the TDG Act (1992),
evolving industry standards, and also to reflect changes in
international conventions. It became apparent that the 23
amendments completed over the years, combined with
changes to international documentation standards, would
require a complete review and rewrite of the Transportation
of Dangerous Goods Regulations.
“Clear Language” TDG Regulations (cont.)
On August 15, 2002, the Clear Language Transportation of Dangerous
Goods Regulations replaced the Transportation of Dangerous Goods
Regulations that came into force in July 1985. “Clear Language” is a
method of writing and organizing a document to make the contents more
understandable. The Clear Language TDG Regulations are presented in
a new format and are divided into 16 parts and 3 schedules. These
parts and schedules will be examined in detail later in the course. There are
clear language features that are very useful that are common to all of parts
of the regulations such as tables of content, italicized explanatory material
and a list of the defined terms used in the part.
TDG Regulation
The TDG Regulations are now divided into a simplified
format which contains 16 parts and 3 schedules. The
“parts” provide the regulatory requirement information for
the transportation of dangerous goods. The schedules
provide additional specific information that complements the
parts.
The “16 Parts” of the TDG Regulation
Part 1 - General provisions
Part 2 - Classification
Part 3 - Shipping documents
Part 4 - Safety Marks
Part 5 - Means of containment
Part 6 - Training
Part 7 – EARP
Part 8 - Accident reports
Part 9 - Road requirements
Part 10 - Rail Requirements
Part 11 - Marine Requirements
Part 12 - Air requirements
Part 13 - Protective directions
Part 14 - Equivalent levels of safety
Part 15 - Court Orders
Part 16 - Inspectors
The Three “Schedules” of the TDG Regulation
Schedules 1 through 3 are tables which are used to classify dangerous
goods and ascertain their specific handling requirements. In the “Clear
Language Regulations, the format for the schedules was improved with
the number of schedules reduced to aid in simplification of identification
and also to comply with international standards.
The Intent of “Clear Language”
The original intent of the re-write of the TDG Regulations in
clear language was to remove the complexity of the
language and simplify the structure of the text. While legally
correct, the old text could be very confusing. When changes
were being made, it was hoped that a person who was
already in compliance with the old TDG Regulations would
not have to change anything in their operations to continue
to be in compliance with the Clear Language Regulations.
The Intent of “Clear Language” (cont.)
For many reasons, the original intent of changing
the format without affecting the content could not
be maintained. However, where possible, the
Clear Language Regulations offer ways to
comply with requirements so that a person whose
activities are in compliance with the current
Regulations may continue their activities in the
same manner and still be in compliance.
REASONS FOR REVISION OF REGULATIONS
· Changes to The Transportation of Dangerous Goods
Act, 1992
· Progress made in the harmonization of international
standards, (UN Recommendations, etc.)
· The increase in inter-model consignments, (types of
transport)
· The increase in trans-border consignments, (Canada/US/ Mexico)
· The increased use of dangerous goods by consumers,
· Rapidly evolving technology.
· Evolving safety and containment standards,
· Technological improvements (electronic record keeping, filing and reporting),
· The promotion of global TDG harmonization.
Role of Government - Governance
Transport Canada (federal) is the government department
responsible for the national TDG program. This includes the
administration, development and amendment of the federal
Transportation of Dangerous Goods Act and Regulations.
The department's Transport Dangerous Goods
Directorate serves as the major source of regulatory
development, information and guidance on dangerous
goods transport for the public, industry and government
employees. The TDG Directorate works closely with other
federal and provincial agencies to implement the TDG
program.
Role of Government - TDG Directorate
The TDG Directorate also represents Canada on
international organizations responsible for
establishing uniform international requirements
for classification, labeling and marking of means
of containment, transport documentation and
safety marks for vehicles carrying dangerous
goods. The Directorate is also responsible for
issuing permits when exceptions to the regulations are warranted.
Role of Government - Compliance and Response Branch
The Compliance and Response Branch of the TDG Directorate, with
the assistance of five regional offices across Canada, is responsible
for ensuring that all parties are complying with the regulations
through a national inspection, investigation and enforcement
program. The Branch also coordinates the activities of all dangerous
goods inspection agencies and provides an information and advisory
service to industry and the public.
Role of Government - CANUTEC
Another important function of Transport Canada is the Canadian
Transport Emergency Centre (CANUTEC). CANUTEC provides a
24hour bilingual emergency advisory and regulatory information
service. CANUTEC's experienced professional chemists are there to
assist emergency responders in the event of accidents involving
dangerous goods.
Role of Government - Other Government Agencies
Other government agencies also play an important role in the TDG
process. The Transport Dangerous Goods Directorate works closely
with the Marine, Civil Aviation and Railway Safety Directorates in
Transport Canada as well as non-transport departments and
agencies such as the Canadian Nuclear Safety Commission,
Environment Canada, the Explosives Branch of Natural Resources
Canada, and Health Canada.
These groups provide specialized advice on their respective regulations. They also participate in compliance
inspection and accident response activities within their own area of responsibility.
Role of Government - International
There are a number of international bodies on which
Canada participates to enhance harmonization of regulatory
efforts.

The United Nations Committee of Experts on the
Transport of Dangerous Goods prepares
recommendations published in the UN
Recommendations on the Transport of Dangerous
Goods (UN Recommendations). Canada
participates very actively in the preparation of
these Recommendations.

The International Maritime Dangerous Goods Code (IMDG code) published by the International
Maritime Organization and used for international consignments.

Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the
International Civil Aviation Organization (ICAO Technical Instructions).

Association of American Railroads (AAR) Tankcar Committee.
Role of Government - International
For example, as a result of these efforts, Canada, the
United States and many other countries now base their
regulations for transporting dangerous goods on the UN
Recommendations. Although both countries legislation is
based on these recommendations there are still some
differences in requirements. The Clear Language
Regulations recognize that consignments of dangerous
goods transported from the United States in compliance
with the U.S. Regulations are safe for transport in Canada. The U.S. Regulations include
reciprocal recognition for Canadian consignments that are in compliance with the TDG
Regulations.
INFORMATION
Information on the government agencies involved in the
TDG process, including web addresses and phone
numbers, can be found in the links section located on the
main page of the program.
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