Fertilizer Canada received a revised Equivalency Certificate (SH12501.2) and a revised Temporary Certificate (TH 0651.1) to provide short-term compliance relief on nurse tank hydrostatic testing requirements.
Fertilizer Canada and the Canadian Association of Agri-Retailers (CAAR) have been in negotiations with Transport Canada since 2017 to secure a set of nurse tank regulations that they say will maintain Canada’s high level of safety without shackling the NH3 industry.
In a significant move, the certificates now include non-member owned tanks, such as those owned by farmers, provided they are filled by Fertilizer Canada members. Fertilizer Canada’s Equivalency Certificate and Temporary Certificate capture the following users:
* members of Fertilizer Canada and their clients;
* any person using a tank owned or leased by a Fertilizer Canada member;
* any person on behalf of the members of Fertilizer Canada.
This means that Fertilizer Canada members must ensure that conditions of the equivalency certificate and temporary certificate are met when filling tanks owned by farmer clients.
Transport Canada defines a Fertilizer Canada client as follows:
* a farmer who is not a Fertilizer Canada member but gets his tank filled by a member;
* a farmer who is not a Fertilizer Canada member but enters into an agreement with a member to transport his tank to and from the retailer for filling;
*a farmer who is not a Fertilizer Canada member but enters into an agreement with a member to store his tanks during the off season.
Adding the words “and their clients” does not cover situations in which a farmer interacts with a retailer who is not a member of Fertilizer Canada. For these situations, the farmer has four options:
* the farmer can apply for his own equivalency and/or temporary certificate;
* the farmer can request that his non-member retailer become a Fertilizer Canada member;
* the farmer can interact with a Fertilizer Canada member to invoke the notion of “clients” as indicated in the certificate.
* The farmer can comply with the Transportation of Dangerous Goods Act, Regulations and Standards as written.