Transport Canada creates new mandatory registry for dangerous goods sites

The Government of Canada is creating a new Transportation of Dangerous Goods Registration Database and will require persons who import, offer for transport, handle or transport dangerous goods in Canada to register themselves and the sites where they carry out such activities. Registered persons will have to provide administrative information about themselves and information about the dangerous goods and operations at the sites where dangerous goods are imported, offered for transport, handled or transported (called a TDG site). It is estimated there are anywhere from 42,000 to 82,000 TDG sites operating across Canada.

The proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Registration Database) will be administered by Transport Canada.

Increased inspections and enforcement

Currently, Transport Canada does not know who exactly is involved in activities associated with transporting dangerous goods in Canada or the full nature and volume of dangerous goods subject to the federal Transportation of Dangerous Goods Regulations. Transport Canada has noted that between 2009 and 2021 it was notified of approximately 2,500 reportable on-site dangerous goods incidents but only 84 of such sites were previously known to Transport Canada. In other words, 96.6% of these reported incidents occurred at sites not previously known to Transport Canada and, therefore, had never been inspected by Transport Canada.

Transport Canada believes that not having information on TDG sites is a potential risk to public safety. Having information about TDG sites, such as their locations, site characteristics, population density and the potential risks the dangerous goods pose if there were an incident, will assist Transport Canada conduct inspections and increase the frequency of inspections.

TDG sites

A TDG site is a place where dangerous goods are imported, offered for transport, handled or transported, but does not include the means of transport such as a truck, rail car or vessel. In cases where a building or premises are within a larger facility such as an airport or port, the TDG site will be the building or premises and not the larger facility.

For a marine facility such as a port, the TDG site will be the locations where the dangerous goods are loaded or unloaded, but not including the vessel. For rail transport, the rail terminal being used to load or unload dangerous goods will be a TDG site. Warehouses storing dangerous goods will not be TDG sites because storage is not considered to be transportation of dangerous goods unless the warehouse is used to prepare the dangerous goods for transport or for offering them for transport.

For the oil and gas industry, terminals, refineries and distribution centers will be TDG sites, but wells, pipelines and gas stations will be exempt.

Exemptions to registration

The proposed Regulations will have several exemptions from the registration requirements, including the following: 

• a person or foreign carrier who moves dangerous goods across the Canadian border that does not have a headquarters or any TDG sites in Canada;
• a person operating oil wells; and
• a self-employed commercial truck owner operator.

Registration information

Persons who will be required to register must provide the following:

• their Canada Revenue Agency business number, if any;
• name and contact details and the address of their TDG site(s);
• the type of activity at each of their TDG sites, such as importing, offering for transport, handling or transporting;
• the classes and divisions of the dangerous goods that were imported, offered for transit, handled or transported by the person in the year preceding the registration of their TDG sites; and
• the mode of transport at each TDG site (i.e. road, rail, marine or air).

Persons involved with some higher risk dangerous goods must also provide details on the volume of dangerous goods, the number of consignments in the previous year and their Emergency Response Assistance Plan number.

Annual Renewals and Changes to Information

Persons will have to renew their TDG site registrations annually and review and update their information in the database. They must also update their registration within 30 days after any change occurs to their registration information.

Transition Period

Persons already involved in dangerous goods activities will have one year from the date the amendments take effect to register their TDG sites. Persons who start operations after the amendments are in force will have 90 days after starting their dangerous goods activities to register.

It is not known at this time when the amendments will come into force. Transport Canada is accepting public comments on the draft Regulations until September 3, 2022.