Manitoba

CANADA - MANITOBA

Agreement Respecting Administration of the
Transportation of Dangerous Goods Act, 1992

THIS AGREEMENT made as of the _________day of _____________, 1996

WHEREAS the Federal Minister and Provincial Minister are of the opinion that a program for the enhancement of safety in the transportation of dangerous goods is a matter of continuing public concern;

AND WHEREAS the Parliament of Canada and the Legislative Assembly of Manitoba both have enacted legislation in respect of the transportation of dangerous goods;

AND WHEREAS the Federal Minister and Provincial Minister acknowledge that it is necessary in a national transportation of dangerous goods program that uniform comprehensive regulations respecting the handling, offering for transport and transporting of dangerous goods be administered and enforced in the manner that will most effectively utilize their resources;

AND WHEREAS the Federal Minister, with the approval of the Governor in Council is authorized to enter into the within agreement pursuant to Subparagraph. 4(1) of the Transportation of Dangerous Goods Act 1992 (Canada), and the Provincial Minister is authorized, with the approval of the Lieutenant-Governor in Council to enter into the within agreement pursuant to Section 16 of the Executive Government Organization Act, 1987 (Manitoba);

NOW THEREFORE the Federal Minister and the Provincial Minister do hereby agree as follows:

ARTICLE ONE - INTERPRETATION

1. (a) In this agreement unless the context otherwise requires:

(i) "Canada" Means the Government of Canada;

(ii) "CANUTEC" means the Canadian Transport Emergency Centre, Transport Dangerous Goods Directorate, Transport Canada, Ottawa;

(iii) "Examination" means a separate and specific investigation of a means of transport or a means of containment involved in a dangerous occurrence conducted by a federal or provincial agency that extends beyond normal occurrence investigation practices or requirements

(iv) "Federal Act" means Transportation of Dangerous Goods Act 1992, as amended from time to time during the term of this agreement;

(v) "Federal Coordinator" means the Director General, Transport Dangerous Goods Directorate, Transport Canada, or his or her designate in writing;

(vi) "Federal Regulations" means regulations made pursuant to the Federal Act;

(vii) "Highway" has the same meaning as that contained in the Provincial Act;

(viii) "Information System" means the management information system on the transportation of dangerous goods;

(ix) "Inquiry" means a public inquiry into a dangerous occurrence pursuant to the Federal Act or Provincial legislation;

(x) "Manitoba" means the Government of Manitoba;

(xi) "Protective Direction" means a direction made under Section 32 of the Federal Act;

(xii) "Provincial Act" means The Dangerous Goods Handling and Transportation Act, Chapter D12, C.C.S.M., as amended from time to time during the term of this agreement;

(xiii) "Provincial Coordinator" means the Coordinator of Dangerous Goods Programs, Environmental Operations Division, Department of Environment for Manitoba, or his or her designate in writing;

(xiv) "Provincial Regulations" means regulations made under the Provincial Act;

(xv) "Transport Canada" means the federal Department of Transport; and

(xvi) "Vehicle" has the same meaning as that contained in the Provincial Act.

(b) Other terms used in this Agreement and not defined in paragraph (a) that are the same as those defined in the Federal Act or the Federal Regulations, shall have the meanings defined therein.

(c) References for federal or provincial legislation referred to in this Agreement are listed in Schedule "A".

ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN MANITOBA

2. The parties agree to cooperate to achieve and meet the TDG program objectives, the commitments, the roles and responsibilities enunciated within this agreement respecting the transport of dangerous goods program. This agreement provides that Manitoba will administer all on-highway inspection and enforcement activities. The Federal Government will administer the Federal Act and Federal Regulations with respect to off-highway inspection and enforcement activities.

ARTICLE THREE - ENFORCEMENT

3. (a) Where an offence is alleged to have occurred in respect of activities referred to in Schedule "B" as "Provincial", enforcement shall primarily be the responsibility of Manitoba. Where an offense is alleged to have occurred in respect of activities referred to in Schedule "B" as "Federal", enforcement shall primarily be the responsibility of Canada.

(b) It is agreed that for the purposes of:

(i) the storage and handling of gasoline, associated products in relation to stationary storage and transfer facilities, as defined in The Environment Act (Manitoba), or The Provincial Act;

(ii) the storage and handling, other than for transportation, of flammable liquids or other dangerous goods as defined under The Fires Prevention Act, (Manitoba), or The Provincial Act; and

(iii) the handling or offering for transportation, or transporting of hazardous wastes as defined under The Provincial Act not coming under the purview of the Federal Act,

inspection and enforcement shall be the responsibility of Manitoba, pursuant to the provincial Acts cited herein.

(c) Where one Party furnishes to the other Party information on alleged violations within the other Party's areas of responsibility, as set out in this Agreement, the other Party will cause an investigation of the alleged violations to be conducted, and will furnish information and the results of such investigation on request, to the extent that such information can be released to the first named Party.

ARTICLE FOUR - NATIONAL UNIFORMITY

4. (a) Manitoba agrees to adopt the text of Parts I-IX of the Federal Regulations.

(b) Manitoba, for the purposes of national uniformity, will recognize only those permits issued pursuant to the Federal Act and the Provincial Act.

(c) Canada, for the purposes of national uniformity, will consult with Manitoba and all other impacted jurisdictions participating in the TDG program prior to amending the Federal Regulations.

(d) In the making of the Regulations under:

(i) The Provincial Act,

(ii) The Environment Act, (Manitoba),

(iii) The Fires Prevention Act, (Manitoba),

(iv) The Pesticides and Fertilizer Control Act, (Manitoba),

and other Manitoba legislation, Manitoba agrees to strive towards the goal of national uniformity and concurrence with international reciprocity agreements respecting the handling, offering for transport or transporting of dangerous goods.

ARTICLE FIVE - CONSULTATION

5. (a) The Federal Coordinator and Provincial Coordinator shall consult with each other on any proposed changes to the Federal Act or Provincial Acts and Regulations that may affect this Agreement and will provide each other a copy of the proposed changes.

(b) The Federal Act and Provincial Coordinators shall consult prior to the issuance of permits pursuant to the Federal Act or the Provincial Act and will make their best efforts to ensure that such permits are complementary and issued simultaneously.

(c) The Federal Coordinator and Provincial Coordinator shall provide to each other, a copy of each permit issued.

ARTICLE SIX - IDENTIFICATION OF ROLES

6. Schedule "B" to this Agreement defines the areas of activity to be administered by each party to this agreement.

ARTICLE SEVEN - COORDINATION OF ACTIVITIES

7. (a) The day to day coordination of the activities of Canada and Manitoba provided for in this Agreement shall be undertaken by the Federal Coordinator and the Provincial Coordinator, or their delegates.

(b) The Federal Coordinator and the Provincial Coordinator, or their respective delegates, shall meet periodically for the purpose of reviewing policies for the administration and implementation of a national program for the transportation of dangerous goods.

(c) Any costs associated with the program specified in paragraph (a) or (b) may be apportioned to either Canada or Manitoba in accordance with the terms and conditions agreed upon between the Federal Coordinator and the Provincial Coordinator.

(d) The Federal Coordinator and Provincial Coordinator shall make their best efforts to ensure that the interests of all other federal and provincial departments and agencies involved or impacted by the program are included by their coordinating activities.

ARTICLE EIGHT - APPOINTMENT AND DESIGNATION OF INSPECTORS

8. (a) The Federal Minister shall consider a provincial or municipal employee for designation as an inspector under the Federal Act only if the employee is recommended for designation by the Provincial Coordinator.

(b) The Provincial Minister shall consider a federal employee for designation as an inspector under the Provincial Act only if that employee has been recommended for designation by the Federal Coordinator.

ARTICLE NINE - TRAINING OF INSPECTORS

9. (a) Canada and Manitoba shall provide and maintain individual training programs for persons to be designated as inspectors as outlined in Article Eight (8).

(b) The training programs for the persons recommended for designation as inspectors will, from time to time, be the subject of discussion between the Federal Coordinator and the Provincial Coordinator to ensure compatibility and relevancy of content.

(c) Any costs associated with the delivery of the training specified in paragraph (a) or (b), may be apportioned to Canada or Manitoba in accordance with terms and conditions agreed upon by the Federal Coordinator and the Provincial Coordinator.

ARTICLE TEN - OCCURRENCE NOTIFICATION AND REPORTING

10. (a) Where an environmental accident, as defined in the Provincial Act, occurs in Manitoba, and is first reported or becomes known to Transport Canada, Canada shall notify Manitoba.

(b) Where a dangerous occurrence, as defined in the Federal Regulations, occurs in Manitoba, and is first reported or becomes known to Manitoba, Manitoba shall notify Transport Canada.

ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES

11. (a) Canada and Manitoba will combine and coordinate their efforts in response to a dangerous occurrence in accordance with Schedule "C".

(b) Canada agrees that copies of any Dangerous Occurrence 30-day reports relevant to Manitoba will be sent to the Provincial Coordinator on a regular basis.

ARTICLE TWELVE - PUBLIC AWARENESS

12. Canada and Manitoba will, consistent with resource availability, jointly maintain a program to ensure a high level of public awareness respecting the role, purpose and extent of the regulations and supporting programs, and the responsibilities arising from the legislation and regulations.

ARTICLE THIRTEEN - EXCHANGE OF REPORTS

13. (a) Canada agrees to forward to the Provincial Coordinator upon request the information contained in all the reports, plans or registrations relating to TDG activities in Manitoba submitted to Canada pursuant to the Federal Regulations.

(b) Manitoba agrees, in the event that any such reports, plans or registrations required by the Federal Regulations are inadvertently directed to Manitoba, that Manitoba shall forward them to the Federal Coordinator.

ARTICLE FOURTEEN - MANAGEMENT INFORMATION SYSTEMS

14. (a) The Federal Coordinator and the Provincial Coordinator shall cooperate in the formation of the Information System by contributing such relevant data as may be routinely collected by Canada and Manitoba, respectively, to the extent jointly agreed to from time to time.

(b) The Federal Coordinator and Provincial Coordinator shall share relevant data as may be requested by each other from time to time.

ARTICLE FIFTEEN - ACCESS TO INFORMATION

15. (a) Canada agrees within the provisions of the Access to Information Act to restrict dissemination of all information provided by Manitoba to the following persons, and then only to the extent that the information is required in the performance of their duties in respect to administration and enforcement of the Federal Act and Federal Regulations:

(i) Inspectors designated by the Federal or Provincial Minister;

(ii) employees of the Government of Canada;

(iii) jurisdictions participating in the national Transportation of Dangerous Goods program; and,

(iv) such other persons or agencies as are expressly authorized in writing by the Provincial Coordinator to receive such information.

(b) Manitoba agrees within the provisions of the Freedom of Information Act to restrict dissemination of all information provided by Canada to the following persons, and then only to the extent that the information is required in the performance of their duties in respect of the administration and enforcement of the Provincial Act and Regulations:

(i) Inspectors designated by the Federal or Provincial Ministers;

(ii) employees of the Government of Manitoba;

(iii) jurisdictions participating in the national Transportation of Dangerous Goods program; and,

(vi) such other persons or agencies as are expressly authorized in writing by the Federal Coordinator to receive such information.

(c) Notwithstanding (a) and (b) the Federal Act and Provincial Coordinators may further restrict the dissemination of information in specific cases as notified in writing.

ARTICLE SIXTEEN - DANGEROUS GOODS RESEARCH PROGRAMS

16. (a) The Federal Act and Provincial Coordinators shall:

(i) exchange any information produced as a result of research programs that may be undertaken in respect of dangerous goods;

(ii) coordinate research programs to avoid duplication of effort; and,

(iii) participate in joint research programs, where this is desirable, or necessary, by sharing costs or research personnel.

(b) Any costs or monetary benefit resulting from research programs may be apportioned to either Canada or Manitoba in accordance with the terms and conditions agreed upon between the Federal Act and Provincial Coordinators.

ARTICLE SEVENTEEN - INQUIRIES AND EXAMINATIONS

17. (a) Where either Party considers that an Inquiry or Examination into any matter relating to the transportation, storage or handling of dangerous goods should take place that Party will inform the other Party of its views.

(b) When either Coordinator is aware that an Inquiry or Examination is to be or is being undertaken, that Coordinator will inform the other Coordinator of that fact.

(c) Subject to paragraph (e), when an Inquiry or Examination is to take place, or is taking place, consideration shall be given to the coordination of available resources and, where appropriate, the sharing of costs, with the view to maximizing effectiveness and minimizing associated costs.

(d) This agreement shall not to preclude involvement of other agencies in any Inquiry or Examination as appropriate to their responsibilities.

(e) Where a dangerous occurrence involves the rail, marine or air mode of transport subject to federal jurisdiction, the Inquiry or Examination shall be conducted by the appropriate federal agency.

(f) The Federal Act and Provincial Coordinators will provide to each other on request the results of an Inquiry or an Examination into a dangerous occurrence conducted under the provisions of the Federal Act or the Provincial Act, as the case may be, to the extent that such material can be released.

ARTICLE EIGHTEEN - UNINTENTIONAL LIMITATION OF POWERS

18. (a) This Agreement is not intended to unlawfully fetter the Crown in right of Manitoba or Canada by:

(i) limiting any Minister of the Crown in the exercise of a power that has been lawfully granted to that Minister by statute or regulation;

(ii) limiting the Governor in Council or the Lieutenant Governor in Council in the exercise of a power that has been lawfully granted; or

(iii) limiting the Parliament of Canada or the Legislature of Manitoba in the exercise of any constitutional power.

(b) To the extent that any provision of this agreement unlawfully fetters the exercise of the power of either Minister, the executive of Canada or Manitoba, the Parliament of Canada or the Legislative Assembly of Manitoba, such provision shall be severed from this agreement and shall not operate, but to the extent the provision may lawfully apply, such provision and all other provisions of this Agreement shall be of full force and effect.

ARTICLE NINETEEN - AMENDMENT PROCESS

19. (a) Subject to paragraph (b) and (c), this Agreement can only be amended by the Parties hereto, in writing.

(b) The Schedules only of this Agreement may be amended from time to time on the written agreement of the Federal Coordinator and the Provincial Coordinator.

(c) Amendments so made shall form part of this Agreement.

ARTICLE TWENTY - COMMENCEMENT AND TERMINATION

20. (a) This Agreement shall take effect on the date on which it has been signed by all signatories

(b) This Agreement shall not be terminated by either Party unless two years' written notice is given to the other Party of the intention to do so, or unless a lesser time is agreed to.

IN WITNESS WHEREOF this Agreement has been executed as of the day first above written, by the Parties hereto as represented by their proper officers, duly authorized in that behalf.

SCHEDULE "A"

REFERENCES FOR FEDERAL AND PROVINCIAL ACTS

Federal

1. The Transportation of Dangerous Goods Act,1992 , Chapter 34, Statutes of Canada 1992

Provincial

1. The Environment Act, Chapter E125, C.C.S.M.

2. The Fire Prevention Act, Chapter H80, C.C.S.M.

3. The Pesticides and Fertilizers Control Act, Chapter P40, C.C.S.M.

4. The Dangerous Goods Handling and Transportation Act, Chapter D12, C.C.S.M.

5. The Executive Government Organization Act, Chapter E170, C.C.S.M.

SCHEDULE "B"

ITEM	AREA OF ACTIVITY	LEVEL OF GOVERNMENT HAVING PRIMARY FUNCTIONAL ROLE ( ) INDICATES SUPPORT ROLE
1	Establishment of safety standards, safety marks and safety requirements	Federal
2	Inspection to ensure compliance of   packaging, container or means of transport, and manufacturing activities with safety standards	Federal
3	Inspection to ensure compliance with handling, offering for transport and transporting activities in accordance with the Federal Regulations	On-highway Prov. Off-highway Fed
4	(a) Inspection to ensure compliance of stationary bulk storage and transfer facility for gasoline (and associated products) and hydrocarbons as defined in and subject to The Environment Act (Manitoba) and The Pipeline Act (Manitoba) respectively	Provincial
	(b) Inspection to ensure compliance of the storage of flammable liquids and other dangerous goods as defined in and subject to The Fire Prevention Act (Manitoba)	Provincial
	(c) Inspection to ensure compliance of handling and transporting of dangerous goods by intra-provincial pipeline that are hydrocarbons or sewage as defined in and subject to The Pipeline Act (Manitoba), The Environment Act (Manitoba), and The Public Health Act (Manitoba)	Provincial
	(d) Inspection to ensure compliance of stationary bulk storage and transfer facilities on properties subject to Federal jurisdiction	Federal
5	Inspection to ensure compliance of consignor and consignee activities of dangerous goods that are wastes	Provincial (Federal)
6	Inspection to ensure compliance of provincially regulated rail carrier and facility activity	Provincial (Federal)
7	(a) Receipt of dangerous occurrence notifications	(i) Prov. (Federal)
	(b) Receipt of 30 day dangerous occurrence reports	(ii) Fed. (Provincial)
8	(a) Receipt, Registration and approval of  Emergency Response Assistance Plans	Federal (Provincial)
	(b) Evaluation after use	Federal (Provincial)
9	Receipt of Hazardous Waste Manifest	Provincial
10	Receipt of registrations and all other submissions required by Parts I through IX of the Federal Regulations	Federal (Provincial)
11	(a) Examination of causes of accidents:      (i) highway vehicle, or      (ii) other means of transport	(i) Provincial (ii) Federal
	(b) Examination of means of containment failures	Federal
12	Issuance of permits under the Federal Act	Federal (Provincial)
13	Issuance of permits under the Provincial Act	Provincial (Federal)
14	Issuance of Protective Directions	Federal (Provincial)
15	Response to Dangerous Occurrences and Environmental Accidents	Provincial (Federal)

SCHEDULE"C"

RESPONSE TO DANGEROUS OCCURRENCES

PURPOSE

The purpose of this schedule is to delineate the division of responsibilities between Canada and Manitoba for the response to dangerous occurrences and environmental accidents.

INTERPRETATIONS

1. For the purposes of this schedule

"Environmental Accident" means

a) a release, leakage, or spillage of a contaminant into the environment otherwise than in accordance with the provisions of The Dangerous Goods Handling and Transportation Act, Ch. D-12, C.C.S.M., its Licenses, Orders, and Regulations or The Environment Act C-E125 C.C.S.M., its Orders and Regulations, or

b) an incident which may or is likely to result in a release, leakage, or spillage, which, having regard to the environment in which the release, leakage, or spillage takes place, and to the nature of the containment, creates or may create a hazard to human life or health, to other living organisms, or to the physical environment.

"Lead Response Agency" means

the agency with the primary responsibility for responding to dangerous occurrences and environmental accidents, including but not limited to accident investigation, providing and ensuring clean-up advice and the undertaking of remedial action, and if necessary, undertaking and coordinating of direct remedial action, liaison with media and other federal and provincial agencies, and follow-up.

2. Manitoba Environment will be the lead response agency for all reported dangerous occurrences and environmental accidents in Manitoba, except for specific incidents where, for security reasons or through previous arrangements, it is deemed appropriate that Canada will be the lead response agency.

3. Where a dangerous occurrence involves the rail, marine, or air mode of transport, the lead response agency shall recognize the special expertise, responsibilities and authority of the respective federal agency empowered to regulate that mode of transport.

4. The lead response agency may request the assistance or the presence of a Transport Dangerous Goods ( TDG ) Inspector, and Transport Canada shall make best efforts to ensure such assistance is provided. TDG Inspectors attending a dangerous occurrence or environmental accident within Manitoba shall identify themselves to the lead response agency representative on site.

5. Where dangerous occurrences or environmental accidents involve products which require Emergency Response Assistance Plans (E.R.A.P.'s) under the Federal Regulations, the lead response agency shall consult with Transport Canada regarding the activation of the plan.

6. Where an Inspector or Environment Officer designated under legislation as having authority to mitigate an incident is present at a dangerous occurrence or environmental accident, he or she may utilize his or her powers under the legislation, following consultation with the lead response agency.

7. In cases where a dangerous occurrence or environmental accident has occurred, this Agreement does not prejudice Canada or Manitoba from taking such action as deemed necessary where the lead response agency cannot take such action.