December 1, 2016 persons required to report releases or anticipated releases of dangerous goods or otherwise make a report under the federal amendments will need to follow the new reporting obligations.
In Canada, a person who has charge, management or control of dangerous goods that are released must immediately file an emergency report with local authorities and the Canadian Transport Emergency Centre (CANUTEC), operated by Transport Canada. In the event of an emergency involving dangerous goods, call CANUTEC at 1-888-CAN-UTEC (226-8832), 613-996-6666 or *666 on a cellular phone. (all the provinces and numbers are listed below)
The new emergency report must be submitted to any local authority responsible for responding to emergencies in the area. It must include the name and contact information of the person making the report, the date, time and location of the incident, the mode of transportation, the shipping name or United Nations (UN) number of the dangerous goods, the quantity of the dangerous goods being carried, the estimated quantity released and a description of the incident.
Part 8 of the TDGR (Reporting Requirements) requires a number of different report types. When certain conditions are met, persons subject to the TDGR must submit one of the report types below.
- Reports for the Transport of Dangerous Goods by Road, Rail and Marine
- Emergency Report – Road, Rail or Marine Transport (Section 8.2 of the TDGR)
- Report of a Release or Anticipated Release – Road, Rail or Marine Transport (Section 8.4 of the TDGR)
- 30-Day Follow-Up Report (Section 8.6 of the TDGR)
- Reports for the Transport of Dangerous Goods by Air
- Dangerous Goods Accident or Incident Report — Air Transport (Section 8.9 of the TDGR)
- 30-Day Follow-Up Report (Section 8.11 of the TDGR)
- Undeclared or Misdeclared Dangerous Goods Report (Section 8.14 of the TDGR)
- Reports Relating to Security – All Modes of Transport
- Loss or Theft Report (Section 8.16 of the TDGR)
- Unlawful Interference Report (Section 8.18 of the TDGR)
New reporting thresholds the thresholds for reporting have also changed.
First, a report must now be made for the release of any quantity of the dangerous goods, except for flammable liquids or solids in Packing Group III, where releases of less than 30 litres or 30 kilograms do not have to be reported. Previously, the reporting threshold was 200 litres for flammable liquids or solids in Packing Group III.
The released dangerous goods do not have to have caused any adverse effect to be reportable. A report must also be made if the integrity of a means of containment is compromised or if the centre sill or stub sill of a tank car is cracked by at least 15 centimetres.
Second, additional reporting is also now required and must be made to the consignor of the goods and to CANUTEC if anyone is injured, killed, evacuated or has to be sheltered in a place or in a building, or if a road, main railway line or main waterway is closed as a result of a release or anticipated release of dangerous goods in transit.
Third, if certain dangerous goods felt to have a potential security threat are lost, stolen, involved in a collision or unlawfully interfered with while in transit, a report must be made as soon as possible to CANUTEC.
Finally, the person with charge, management or control of dangerous goods being imported, offered for transport, handled or transported must report to CANUTEC any incidents involving unlawful interference (that is, tampering) with any dangerous goods being transported as soon as such interference is discovered.
Follow-up requirements are now required!
A follow-up report must also be made to CANUTEC within 30 days of any incident if, as a result of the incident, anyone is killed, requires emergency medical treatment by a healthcare provider, is evacuated or has to be sheltered in a place or in a building, or if a road, main railway line or main waterway is closed.
The information to be included in the 30-day, follow-up report is set out in the amendments and includes the location of the incident, the type of incident, the type of goods, the exact quantity released, the type of container or packaging involved and how it was damaged or destroyed, an estimate of the cost of the goods lost and any financial loss incurred by anyone as a result of the incident and any response or related remediation costs.
These new reporting requirements are in addition to other federal and provincial reporting requirements in Canada.
Amendments further expand the definition of a “release” to encompass more types of incidents, including voluntary releases and anticipated releases. Previously, only accidental releases were considered a release.
The new reporting requirements are expected to provide Transport Canada with more and better information about incidents involving dangerous goods, especially with respect to the means of containment or packaging used to transport dangerous goods.
Historically, the only factor needed to determine if a report was required was the quantity of the dangerous goods released during transport. As a result, some incidents that affected the public were not reported because the volumes released did not reach the reporting thresholds. Now, for most dangerous goods, the release of any amount of the dangerous goods is reportable.
Previously there was no standardized format for reporting, and reports differed in their level of detail. Transport Canada is reported to have had to commonly undertake time-consuming follow-up inquiries to obtain the information needed for its data analysis.
The new amendments prescribe the information that must be included in the report.
Finally, releases of dangerous goods during road transport did not need to be reported to CANUTEC. The amendments, however, now require reporting for road incidents.
Although Transport Canada has advised that it will treat all 30-day, follow-up reports as confidential unless disclosure is required under the Access to Information Act, the Privacy Act or otherwise by law, presumably an adjuster could demand a copy of the report from the insured.
Under both the Access to Information Act and the Privacy Act, it should be possible to obtain much of the information in the report provided the person filing the report does not object to the disclosure.
It may be possible for underwriters to access the information about dangerous goods incidents that will be collected by Transport Canada for conducting risk analysis on the transportation of dangerous goods.