Dangerous Goods Regulations — Part 12 Update

Summary#

This is a proposed set of changes to the Transportation of Dangerous Goods Regulations (TDGR) published in the Canada Gazette, Part I on November 26, 2022. The amendments would align Canada’s rules with recent international codes and some U.S. rules, and rewrite the air section (Part 12); industry would see some cost savings but also new requirements such as periodic retesting of container designs. Interested people and businesses had 75 days from publication to comment on the proposal.

What it does#

• Brings the TDGR closer to the latest international guidance:
  • Updates to match the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions for shipping, packaging and hazard classification.
  • Adds 16 new UN numbers and related shipping names (examples: better names for certain medical waste, lithium battery arrangements).
• Changes to markings, labels and placards:
  • Lets carriers use placards and labels shown in the UN rules and certain ones from the U.S. (49 CFR), including text on placards and smaller labels for some cylinders.
  • Clarifies sizes and placement so multiple marks can be seen from the same viewpoint.
• Updates means‑of‑containment standards:
  • Incorporates Canadian standards CAN/CGSB‑43.150, CAN/CGSB‑43.145 and CAN/CGSB‑43.125 by reference.
  • Introduces a new requirement to retest registered container designs every five years (compliance year 2024); lab testing costs estimated at $1,000 to $4,000 per container depending on type.
• Better alignment with the United States:
  • Allows shipments to use U.S. marking, documentation or special permits when moving between Canada and the U.S. by road or rail.
• Rewrites and clarifies air transport rules (Part 12):
  • Makes the ICAO Technical Instructions the main reference for air, and clarifies when Canadian rules add or replace ICAO rules.
  • Modernizes exemptions and “limited access” rules to help move goods to and from remote locations (examples: paint, wet batteries, bear spray, certain fuels, and some explosives).
  • Changes reporting for undeclared/misdeclared dangerous goods found in baggage to monthly electronic reports (for discoveries in baggage) rather than immediate phone calls.
• Reduces need for many Transport Canada equivalency certificates (ECs) by writing common exceptions into the rules, and introduces a six‑month transition period after the regulations come into force.

Who's affected#

• Businesses that make, ship, carry or handle dangerous goods, especially:
  • About 39,000 businesses in the dangerous‑goods supply chain (carriers, consignors, manufacturers).
  • About 137 container manufacturers who would need to retest designs; 65 of those are small businesses estimated to bear 47% of retest costs.
• Air carriers and airports: changes to Part 12, reporting, and limited‑access rules affect roughly 1,500 air carriers and many regional services to remote communities.
• Companies and drivers moving goods across the Canada–U.S. border by road or rail (placarding and permit reciprocity).
• People and communities in remote areas (including many Indigenous communities) who depend on air shipments for fuel, batteries, paint and safety gear — the rules aim to make those supplies easier to move.
• Emergency responders and first responders, who are affected by clearer labelling and changes to exemptions for emergency response and enforcement officers.

If anything above is unclear about who is affected, the original proposal notes that some specific details (for example exact numbers of containers requiring retest) rely on Transport Canada data and assumptions.

Why it matters#

• Simpler cross‑border trade: closer alignment with international codes and parts of the U.S. rules should reduce duplicate paperwork, avoid having to replace placards at the border, and lower delays and costs for cross‑border shipments.
• Better clarity and safety: clearer classification rules, updated shipping names, and standardized marks should help first responders identify hazards faster and make emergency planning easier.
• Mixed financial effects:
  • Transport Canada estimated a net present‑value cost of $0.49 million over 2023–2032.
  • Total monetized costs were estimated at $3.15 million (industry $3.13 million, government $0.02 million).
  • Total monetized benefits were estimated at $2.66 million (industry $0.08 million, government $2.58 million).
  • Many safety and trade benefits were not monetized in the analysis but are cited as important qualitative gains.
• New testing burden for some manufacturers: the five‑year retest requirement is meant to ensure containers still meet standards, but it brings recurring testing costs for affected manufacturers.
• Easier air service to remote communities: the rewritten Part 12 is intended to make it more practical to fly needed goods (fuel, paint, batteries, safety equipment) into places that lack year‑round road or marine access.

If you want to read the full proposal or see the detailed cost figures, consult the Canada Gazette notice (Canada Gazette, Part I, Vol. 156, No. 48, November 26, 2022) or contact Transport Canada for guidance.