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Agency responsible: Department of Transport
Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:
Canada's SPS & TBT Notification Authority and Enquiry Point
Foreign Affairs, Trade and Development Canada
Technical Barriers and Regulations Division (TIB)
111 Sussex Drive
Ottawa, ON K1A 0G2
Canada
Telephone: (343)203-4273
Fax: (613)943-0346
E-mail: enquirypoint@international.gc.ca
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Description of content: The transport of lithium metal batteries as cargo on aircraft has been identified by the international community as an increasing risk in light of a number of incidents and “near incidents” that have occurred. The main safety concern is that once lithium metal batteries start to burn, fire suppression systems on board aircraft cannot extinguish them. As a result, in June 2014 the International Civil Aviation Organization (ICAO) decided that, effective January 1, 2015 member states will have the obligation to apply a ban prohibiting the transport of such batteries as cargo on passenger flights. Therefore, this amendment will implement ICAO’s prohibition of lithium metal batteries on passenger aircraft.
A further issue addressed with this proposal is the need to include in the Transportation of Dangerous Goods Regulations (TDGR) Protective Direction (PD) 33, issued on April 23, 2014, which established Emergency Response Assistance Plan (ERAP) requirements for nine flammable liquids. This is being done to increase the transparency of the ERAP requirements under the TDGR and to avoid stakeholders having to consult two separate regulatory instruments to ensure proper compliance. As well, given that significant amounts of ethanol are exported from the United States into Canada, UN1987 (another number used to identify ethanol), which was not previously identified in PD 33 but is used frequently in the United States as a shipping name to classify ethanol, will now be subject to the ERAP requirements. To ensure proper coverage of petroleum products, UN3494 (SOUR CRUDE OIL) will now also be subject to these requirements given that it is a new classification for crude oil introduced with the updates related to the 18th edition of the UN Recommendations.
The addition of Emergency Response Assistance Plan (ERAP) requirements for the nine flammable liquids identified in Protective Direction 33 (PD 33) (i.e., ethanol, diesel, gasoline, crude oil, petroleum distillates, aviation fuel, ethanol gasoline mixtures, and two other generic shipping names for flammable and hydrocarbon liquids) including UN1987, alcohols, N.O.S. and UN3494, petroleum sour crude oil, flammable, toxic to Part 7, ERAP of the TDGR;
Updates to align the schedules of the TDGR with the 18th edition of the UN Recommendations (UN 18) on the transport of dangerous goods. Including:
· New UN Numbers such as UN3494, petroleum sour crude oil, flammable, toxic and generic shipping names such as "organo metallic" compounds and "adsorbed gases";
· Clarification of the difference between lithium "metal" and lithium "ion" batteries;
· Relaxation for the transport of small quantities of dangerous goods under the Excepted Quantity Exemption;
· New classification criteria to facilitate the classification of aerosols;
Introduction of a special provision, already contained in UN Recommendations, pertaining to UN1203, gasoline, which will define the percentages of ethanol required to differentiate between the use of UN1203, gasoline and UN3475, ethanol and gasoline mixture (i.e., more than 10% ethanol content) for the classification of ethanol-gasoline mixtures.
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Proposed date of adoption: Subject to subsections (2) to (4), a person may, for a period of six months that begins on the day on which these Regulations are published in the Canada Gazette, Part II.
Proposed date of entry into force: (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
(2) Paragraphs 7.1(6)(g) and (k) of the Transportation of Dangerous Goods Regulations, as enacted by section 33, come into force 150 days after the day on which these Regulations are published in the Canada Gazette, Part II.
(3) Special provision 149 of the Transportation of Dangerous Goods Regulations, as enacted by section 70, comes into force on January 1, 2015.
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