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

Regulations are current to 2020-06-28 and last amended on 2020-02-19. Previous Versions

PART 7Emergency Response Assistance Plan (continued)

Compensation Limits

  •  (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.

  • SOR/2011-210, s. 2

Claims for Compensation

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

  • SOR/2011-210, s. 2

PART 8Reporting Requirements

Application and Interpretation

 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.

  • SOR/2003-273, s. 8
  • SOR/2008-34, ss. 75, 76
  • SOR/2016-95, s. 10
  • SOR/2017-253, s. 52

Road, Rail and Marine Reports

Emergency Report — Road, Rail or Marine

 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:

TABLE

ClassPacking Group or CategoryQuantity
1IIAny quantity
2Not applicableAny quantity
3, 4, 5, 6.1 or 8I or IIAny quantity
3, 4, 5, 6.1 or 8III, or without packing group30 L or 30 kg
6.2A or BAny quantity
7Not applicableA level of ionizing radiation greater than the level established in section 39 of the Packaging and Transport of Nuclear Substances Regulations, 2015
9II or III, or without packing group30 L or 30 kg
  • SOR/2016-95, s. 10
  • SOR/2017-253, s. 52
  • SOR/2019-101, s. 9

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

 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.

  • SOR/2016-95, s. 10

Release or Anticipated Release Report — Road, Rail or Marine

  •  (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.

  • SOR/2016-95, s. 10
  • SOR/2017-253, s. 52

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

 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.

  • SOR/2016-95, s. 10
 
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