a special supplement to ACC Docket
sponsored by Norton Rose Fulbright LLP
Transport Canada Brings New
Crude-by-Rail Regulations Into Force
By Alan Harvie ( alan.harvie@nortonrosefulbright.com), Norton Rose Fulbright
Transport Canada has published
Regulations Amending the Transporta-
tion of Dangerous Goods Regulations
(Update of Standards), which came
into force on July 15, 2014. The new
amendments formalize into regulation:
• the requirements of consignors of
crude oil to properly classify the
crude oil by a test or lab report, to
certify that shipping documents fully
and accurately describe the crude oil,
and to keep shipping records; and
• the new design and construction
standards for DOT-111 rail tank cars
carrying crude oil and other danger-
ous substances.
Proof of classification
The classification of flammable liquids,
such as crude oil, is based on the flash
point and boiling point of the liquid.
Crude oil is a naturally occurring
mixture of various substances for
which the representativeness of a given
sample can vary greatly, based on
many factors. Hence, there can be dif-
ficulties in classifying crude oil to meet
the requirements of Transportation of
Dangerous Goods Regulations.
Starting July 15, 2014, consignors
must keep a record of how they classify
crude oil for transportation purposes.
This addresses a gap in the informa-
tion available to inspectors to validate
the classification. It also addresses a
Transportation Safety Board recom-
mendation, made on Sept. 11, 2013, to
review classification procedures and
processes.
The proof of classification is to be
available from the consignor of crude
oil, and carriers are able to ask consignors to provide such proof to them.
The amendment eliminates confusion
and uncertainty about what actually
constitutes proof of classification.
Consignor’s certification
A consignor’s certification is a statement added to the shipping document
certifying that the consignment of
crude oil has been prepared in
1 Transport Canada Brings New Crude-by-Rail
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