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

Application for Approval of an ERAP – Emergency Response Contractors

7.4 A person who is not required to have an approved ERAP under subsection 7(1) of the Act, but who is able to take measures to respond to a release or anticipated release of dangerous goods for the purposes of paragraph 7.1(b) of the Act, may apply to the Minister in writing for the approval of an ERAP. The application must include a copy of the ERAP and the information referred to in paragraphs 7.3(2)(a), (b), (d), (g) and (i) to (l).

Application for Approval of Changes to Approved ERAP

• 7.5 (1) A person with an approved ERAP must, as soon as possible, apply to the Minister in writing for an approval of changes if any of the information referred to in paragraphs 7.3(2)(a) to (l) has changed since its approval.

• (2) The application referred to in subsection (1) must be signed by the applicant and include

  • (a) a copy of the ERAP; and

  • (b) the information referred to in paragraphs 7.3(2)(a) to (l) that has changed.

Request for Review of Decision

• 7.6 (1) A person may request a review of the decision to refuse an application for approval of an ERAP or to revoke an ERAP approval within 30 days after being notified of the decision.

• (2) The request must be made to the Minister in writing and must include the reasons why the decision should be revised.

Authorization to Use an Approved ERAP

• 7.7 (1) A person who is required to have an ERAP under subsection 7(1) of the Act may use, as an authorized user, the ERAP of another person who received approval for the ERAP if

  • (a) the authorized user is not the producer of the dangerous goods to which the ERAP relates;

  • (b) the ERAP applies to the dangerous goods, the mode of transport, the means of containment and the geographical area in which the dangerous goods will be in transport;

  • (c) the person who received approval for the ERAP agrees to take measures to respond to a release or anticipated release of the dangerous goods to which the ERAP relates; and

  • (d) the person who received approval for the ERAP provides a written authorization to the authorized user before the information referred to in subsection 3.6(1) is entered on the shipping document.

• (2) The authorized user must be able to produce a copy of the authorization referred to in paragraph (1)(d)

  • (a) for two years after the day on which the authorization is no longer in effect; and

  • (b) within 15 days after the day on which the authorized user receives a written request from the Minister.

Implementation of an Approved ERAP

• 7.8 (1) A person with an approved ERAP must implement it to tier 1 or tier 2 in response to a release or anticipated release of dangerous goods.

• (2) A person who implements an approved ERAP to tier 1 must

  • (a) provide technical or emergency response advice as soon as possible after a request for the advice; and

  • (b) remotely monitor the response to the release or anticipated release.

• (3) A person who implements an approved ERAP to tier 2 must

  • (a) provide technical or emergency response advice as soon as possible after a request for the advice;

  • (b) monitor the response to the release or anticipated release; and

  • (c) send ERAP emergency response resources to the location of the release or anticipated release.

• (4) A person must not prevent another person who has an approved ERAP from taking emergency measures in response to a release or anticipated release.

Compensation for the Authorized Implementation of an Approved ERAP

• 7.9 (1) If a person implements an approved ERAP in accordance with paragraph 7.1(b) of the Act, the following expenses are authorized for the purposes of compensation under section 7.2 of the Act:

  • (a) expenses related to the death, disability or injury of the person or to the death, disability or injury of any of the person’s employees or contractors if

    • (i) the person, the employee or the contractor is killed, disabled or injured during the implementation of the ERAP, and

    • (ii) the death, disability or injury is the result of an act or omission that was committed by the person in good faith and without negligence;

  • (b) the cost of the person’s employees or contractors who are reasonably required to implement the ERAP;

  • (c) the cost of using the person’s tools and other equipment, such as vehicles, pumps, hoses and generators, that are reasonably required to implement the ERAP;

  • (d) travel expenses, such as those incurred for meals, accommodation, fuel, oil and flights, for persons who are reasonably required to implement the ERAP;

  • (e) rental fees for heavy equipment, such as cranes, bulldozers, pumps, compressors and generators, that are reasonably required to implement the ERAP;

  • (f) other overhead costs that can reasonably be attributed to the implementation of the ERAP;

  • (g) the cost of repairing tools and other equipment that are damaged during the implementation of the ERAP;

  • (h) the cost of replacing

    • (i) single-use equipment and supplies, such as packaging, personal protective equipment, personal protective clothing, chemicals and other consumables, that are reasonably required to implement the ERAP,

    • (ii) tools and other equipment that are lost during the implementation of the ERAP, and

    • (iii) tools and other equipment that are damaged beyond repair during the implementation of the ERAP;

  • (i) the cost of repairing or replacing personal property or movables or real property or immovables that have to be damaged to implement the ERAP;

  • (j) the cost of defending any legal action for which there is no personal liability under paragraph 20(c) of the Act; and

  • (k) the cost of cleaning up after an incident, including handling and disposal costs for dangerous goods and contaminated materials.

• (2) The following expenses are not authorized for the purposes of compensation under section 7.2 of the Act:

  • (a) the cost of purchasing new equipment to implement the approved ERAP; and

  • (b) the cost of lost business or production during the implementation of the approved ERAP.

Compensation Limits

• 7.10 (1) Compensation under paragraph 7.9(1)(a) is limited to the compensation that would be paid in relation to the dead, disabled or injured person if the person were insured under

  • (a) the Public Service Management Insurance Plan;

  • (b) the Public Service Health Care Plan, with hospital coverage at level III; and

  • (c) the Public Service Dental Care Plan.

• (2) Compensation under paragraph 7.9(1)(h) in relation to the replacement of the items listed in subparagraphs 7.9(1)(h)(i), (ii) and (iii) is limited to the cost of an item of equivalent capability and quality.

• (3) Compensation under paragraph 7.9(1)(i) in relation to damaged property is limited to the fair market value of the property immediately before it is damaged by the person who implements the approved ERAP.

Claims for Compensation

7.11 Claims for compensation must be submitted with supporting documentation to the Minister no later than three months after completion of the emergency response work.

PART 8Reporting Requirements

Application and Interpretation

8.1 This Part applies in respect of

• (a) the release or anticipated release of dangerous goods that are being offered for transport, handled or transported by road vehicle, railway vehicle or vessel;

• (b) the release or anticipated release of dangerous goods that are being offered for transport, handled or transported by aircraft;

• (c) undeclared and misdeclared dangerous goods that are being offered for transport, handled or transported by aircraft;

• (d) the loss or theft of dangerous goods; and

• (e) unlawful interference with dangerous goods.

Road, Rail and Marine Reports

Emergency Report — Road, Rail or Marine

8.2 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:

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

8.3 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.

Release or Anticipated Release Report — Road, Rail or Marine

• 8.4 (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.

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

8.5 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.

30-Day Follow-up Report

8.6 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.

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

8.7 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.