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Transportation of Dangerous Goods Regulations (SOR/2001-286)

Regulations are current to 2022-09-22 and last amended on 2021-06-23. Previous Versions

PART 8Reporting Requirements (continued)

Road, Rail and Marine Reports

Emergency Report — Road, Rail or Marine

 A person who is required by subsection 18(1) of the Act to report a release or anticipated release of dangerous goods that are being offered for transport, handled or transported by road vehicle, railway vehicle or vessel must, as soon as possible after a release or anticipated release, make an emergency report to any local authority that is responsible for responding to emergencies at the geographic location of the release or anticipated release if the dangerous goods are, or could be, in excess of the quantity set out in the following table:

TABLE

ClassPacking Group or CategoryQuantity
1IIAny quantity
2Not applicableAny quantity
3, 4, 5, 6.1 or 8I or IIAny quantity
3, 4, 5, 6.1 or 8III, or without packing group30 L or 30 kg
6.2A or BAny quantity
7Not applicableA level of ionizing radiation greater than the level established in section 39 of the Packaging and Transport of Nuclear Substances Regulations, 2015
9II or III, or without packing group30 L or 30 kg
  • SOR/2016-95, s. 10
  • SOR/2017-253, s. 52
  • SOR/2019-101, s. 9

Information To Be Included in an Emergency Report — Road, Rail or Marine

 An emergency report referred to in section 8.2 must include the following information:

  • (a) the name and contact information of the person making the report;

  • (b) in the case of a release of dangerous goods, the date, time and geographic location of the release;

  • (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

  • (d) the mode of transport used;

  • (e) the shipping name or UN number of the dangerous goods;

  • (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

  • (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; and

  • (h) if applicable, the type of incident leading to the release or anticipated release, including a collision, roll-over, derailment, overfill, fire, explosion or load-shift.

  • SOR/2016-95, s. 10

Release or Anticipated Release Report — Road, Rail or Marine

  •  (1) Subject to subsection (2), a person who has made an emergency report referred to in section 8.2 must, as soon as possible after making it, make a report to the persons listed in subsection (4).

  • (2) Subject to subsection (3), the person is not required to make a report referred to in subsection (1) if the release or anticipated release did not result in

    • (a) the death of a person;

    • (b) a person sustaining injuries that required immediate medical treatment by a health care provider;

    • (c) an evacuation of people or their shelter in place; or

    • (d) the closure of

      • (i) a facility used in the loading and unloading of dangerous goods, or

      • (ii) a road, a main railway line or a main waterway.

  • (3) The person is required to make a report referred to in subsection (1) if

    • (a) a means of containment has been damaged to the extent that its integrity is compromised; or

    • (b) the centre sill or stub sill of a tank car is broken or there is a crack in the metal equal to or greater than 15 cm (6 in.).

  • (4) For the purposes of subsection (1), the persons to whom a report must be made are

    • (a) CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666;

    • (b) the consignor of the dangerous goods;

    • (c) in the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission; and

    • (d) in the case of a vessel, a Vessel Traffic Services Centre or a Canadian Coast Guard radio station.

  • SOR/2016-95, s. 10
  • SOR/2017-253, s. 52

Information To Be Included in a Release or Anticipated Release Report — Road, Rail or Marine

 A release or anticipated release report referred to in section 8.4 must include the following information:

  • (a) the name and contact information of the person making the report;

  • (b) in the case of a release of dangerous goods, the date, time and geographic location of the release;

  • (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

  • (d) the mode of transport used;

  • (e) the shipping name or UN number of the dangerous goods;

  • (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

  • (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released;

  • (h) if applicable, the type of incident leading to the release or anticipated release, including a collision, rollover, derailment, overfill, fire, explosion or load-shift;

  • (i) if applicable, the name and geographic location of any road, main railway line or main waterway that was closed;

  • (j) a description of the means of containment containing the dangerous goods;

  • (k) if applicable, an estimate of the number of people evacuated or sheltered in place; and

  • (l) if applicable, the number of deaths and the number of persons who sustained injuries that required immediate medical treatment by a health care provider.

  • SOR/2016-95, s. 10

30-Day Follow-up Report

 A person who has made a report referred to in section 8.4, or the person’s employer, must make a follow-up report in writing to the Minister within 30 days after the day on which the report was made.

  • SOR/2016-95, s. 10
  • SOR/2019-101, s. 24

Information To Be Included in a 30-Day Follow-up Report

 A follow-up report referred to in section 8.6 must include the following information:

  • (a) the name and contact information of the person making the report;

  • (b) the names and contact information of the consignor, consignee and carrier;

  • (c) in the case of a release of dangerous goods, the date, time and geographic location of the release;

  • (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

  • (e) the mode of transport used;

  • (f) the classification of the dangerous goods;

  • (g) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

  • (h) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released;

  • (i) a description of the means of containment containing the dangerous goods;

  • (j) if applicable, a description of any failure of or damage to the means of containment;

  • (k) information about the events leading to the release or anticipated release of dangerous goods;

  • (l) information as to whether there was an explosion or fire;

  • (m) the name and geographic location of any facility used in the loading or unloading of the dangerous goods that was closed, and the duration of the closure;

  • (n) the name and geographic location of any road, main railway line or main waterway that was closed, and the duration of the closure;

  • (o) if applicable, an estimate of the number of people evacuated or sheltered in place and the duration of the evacuation or shelter in place;

  • (p) if applicable, the number of deaths and the number of persons who sustained injuries that required immediate medical treatment by a health care provider;

  • (q) the ERAP reference number, if applicable, and

    • (i) the name of the person who was required to have the ERAP under subsection 7(1) of the Act, and

    • (ii) the date and time that the ERAP incident report referred to in section 8.20 was made;

  • (r) the date on which the report referred to in section 8.4 was made; and

  • (s) an estimate of any financial loss incurred as a result of the release or anticipated release, and any emergency response cost or remediation costs related to it.

  • SOR/2016-95, s. 10
  • SOR/2019-101, s. 10

30-Day Follow-up Report — Notice and Retention of Report

  •  (1) A person who has made a follow-up report referred to in section 8.6 must, as soon as possible, notify the Minister of any change to the information referred to in paragraph 8.7(f), (i), (j), (k), (l), (p) or (s) that occurs within one year after the day on which the follow-up report was made.

  • (2) The person must keep a copy of the report for two years after the day on which it is made.

  • (3) The person must make the report available to an inspector within 15 days after the day on which the person receives a written request from the inspector.

  • SOR/2016-95, s. 10
  • SOR/2019-101, s. 24

Air Reports

Dangerous Goods Accident or Incident Report — Air

  •  (1) Subject to subsection (3), a person who is required by subsection 18(1) of the Act to report a release or anticipated release of dangerous goods that are being offered for transport, handled or transported at an aerodrome, at an air cargo facility or by aircraft must as soon as possible after a release or anticipated release, make a report if the dangerous goods are, or could be, in excess of the quantity set out in the following table:

    TABLE

    ClassQuantity
    1, 2, 3, 4, 5, 6, 8 or 9Any quantity
    7A level of ionizing radiation greater than the level established in section 39 of the Packaging and Transport of Nuclear Substances Regulations, 2015
  • (2) The report referred to in subsection (1) must be made to CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666, and, in the case of dangerous goods included in Class 7, Radioactive Materials, to the Canadian Nuclear Safety Commission.

  • (3) The person is not required to make the report referred to in subsection (1) if the release or anticipated release does not result in any of the following:

    • (a) the death or injury of a person;

    • (b) damage to property or to the environment;

    • (c) signs that the integrity of a means of containment has been compromised, including signs of fire, of breakage or of fluid or radiation leakage;

    • (d) serious jeopardy to persons on an aircraft or to the aircraft itself;

    • (e) an evacuation of people or their shelter in place; or

    • (f) the closure of an aerodrome, air cargo facility or runway.

  • SOR/2016-95, s. 10

Information To Be Included in a Dangerous Goods Accident or Incident Report — Air

 A report referred to in section 8.9 must include the following information:

  • (a) the name and contact information of the person making the report;

  • (b) in the case of a release of dangerous goods, the date, time and geographic location of the release;

  • (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

  • (d) the name of the aircraft operator, aerodrome or air cargo facility;

  • (e) the shipping name or UN number of the dangerous goods;

  • (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

  • (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released;

  • (h) if applicable, the type of incident leading to the release or anticipated release;

  • (i) a description of the means of containment containing the dangerous goods;

  • (j) if applicable, the number of deaths and the number of persons who sustained injuries; and

  • (k) if applicable, an estimate of the number of people evacuated or sheltered in place.

  • SOR/2016-95, s. 10

30-Day Follow-up Report

 A person who has made a report referred to in section 8.9, or the person’s employer, must make a follow-up report in writing to the Minister within 30 days after the day on which the report was made.

  • SOR/2016-95, s. 10
  • SOR/2019-101, s. 24

Information To Be Included in a 30-Day Follow-up Report

 A follow-up report referred to in section 8.11 must include the following information:

  • (a) the name and contact information of the person making the report;

  • (b) the names and contact information of the consignor, consignee and aircraft operator;

  • (c) in the case of a release of dangerous goods, the date, time and geographic location of the release;

  • (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;

  • (e) the classification of the dangerous goods;

  • (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;

  • (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released;

  • (h) a description of the means of containment containing the dangerous goods;

  • (i) if applicable, a description of any failure of or damage to the means of containment;

  • (j) information about the events leading to the release or anticipated release of dangerous goods;

  • (k) information as to whether there was an explosion or fire;

  • (l) the name and geographic location of any aerodrome, air cargo facility or runway that was closed, and the duration of the closure;

  • (m) if applicable, an estimate of the number of people evacuated or sheltered in place, and the duration of the evacuation or shelter in place;

  • (n) if applicable, the number of deaths and the number of persons who sustained injuries;

  • (o) if applicable, the ERAP reference number;

  • (p) the date on which the report referred to in section 8.9 was made;

  • (q) an estimate of any financial loss incurred as a result of the release or anticipated release, and any emergency response costs or remediation costs related to it;

  • (r) a description of the route by which the dangerous goods were to be transported, including the names of any aerodromes along the route;

  • (s) a description of any serious jeopardy to persons on any aircraft or to the aircraft itself; and

  • (t) a description of any damage to property or to the environment.

  • SOR/2016-95, s. 10
 
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