New Brunswick

CANADA - NEW BRUNSWICK

Agreement Respecting Administration of the
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

THIS AGREEMENT is made

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 New Brunswick both have enacted legislation in respect of the transportation of dangerous goods;

AND WHEREAS the Federal Minister and Provincial Minister acknowledge that in a national program it is necessary 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-General in Council is authorized to enter into the within agreement pursuant to Subparagraph. 4(1) of the Transportation of Dangerous Goods Act 1992, and the Provincial Minister is authorized, with the approval of the Lieutenant-Governor in Council to enter into the within agreement pursuant to sec. 14 of The Transportation of Dangerous Goods Act 1989 (New Brunswick);

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 Her Majesty The Queen in Right 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 the 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;

(x) "New Brunswick" Her Majesty the Queen in Right of New Brunswick;

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

(xii) "Provincial Act" means the Transportation of Dangerous Goods Act 1992, S.N.B. 1988 chapter T-11.01 as amended from time to time during the term of this agreement;

(xiii) "Provincial Coordinator" means Registrar, Motor Vehicle Division, Department of Transportation for New Brunswick, 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;

(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) Citations for federal and provincial legislation referred to in this Agreement are listed in Schedule "A".

ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN NEW BRUNSWICK

2. The parties agree to cooperate to achieve the program objectives, the commitments, roles and responsibilities respecting the transport of dangerous goods as outlined in this Agreement. This Agreement provides that New Brunswick will administer all on-highway inspection and enforcement activities. The Federal Government will administer all off-highway inspection and enforcement activities.

ARTICLE THREE - ENFORCEMENT

3. (a) Where an offence is alleged to have occurred in respect of  the transporting of dangerous goods in or on a vehicle on a highway in New Brunswick, enforcement shall be undertaken pursuant to the Provincial Act and the responsibility of New Brunswick.

(b) Where an offence is alleged to have occurred in respect of handling, offering for transport or transporting dangerous goods by any other mode of transport in New Brunswick, enforcement shall be undertaken pursuant to the Federal Act and the responsibility of Canada.

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

(i) the storage and handling, other than for transportation, of flammable liquids or other dangerrous goods as defined under the storage and transfer facilities, as defined in the Clean Environment Act (New Brunswick) or Pesticides Control Act (New Brunswick); and,

(ii) the storage and handling, other than for transportation, of flammable liquids or other dangerous goods as defined under the Fire Prevention Act (New Brunswick),

enforcement shall be the responsibility of New Brunswick, pursuant to the provincial Acts cited herein.

(d) Where one Party furnishes to the other Party information on alleged violations within the other Party's area of responsibility, as set out in this Agreement, the other Party, to the extent possible,  will cause an investigation of the alleged violations to be conducted, and will furnish information on 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) New Brunswick agrees to adopt the text of Parts I to IX of the Federal Regulations;

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

(c) In the making of the Regulations under:

(i) the Provincial Act;

(ii) the Emergency Measures Act, (New Brunswick);

(iii) the Clean Environment Act, (New Brunswick);

(iv) the Fire Prevention Act, (New Brunswick);

(v) the Pesticides Control Act, (New Brunswick);

(vi) the Shortline Railways Act, (New Brunswick)

and other New Brunswick Legislation, New Brunswick 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 Minister and Provincial Minister or their respective delegates, will consult with each other on any proposed changes to the Federal Regulations and Provincial Act Acts and Regulations and will provide each other a copy of the proposed changes.

(b) The Federal Act and Provincial Coordinators shall consult with each other prior to recommending to the Federal or Provincial Ministers, or persons designated by the Ministers, the issuance of permits for equivalent level of safety or emergency purposes and will make their best efforts to ensure that such permits are complementary and issued simultaneously if appropriate.

(c) Each Coordinator shall provide to the other Coordinator, 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 New Brunswick provided for in this Agreement shall be undertaken by the Federal Coordinator and the Provincial Coordinator, or their delegates, respectively.

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

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

(d) The Federal Act and Provincial Coordinators shall use their best efforts to ensure that the responsibilities and interests of other Federal and provincial Departments, Ministries and Agencies having direct or indirect responsibilities in the program are encompassed by the coordination 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 that 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 is recommended for designation by the Federal Coordinator.

ARTICLE NINE - TRAINING OF INSPECTORS

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

(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 New Brunswick 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 a dangerous occurrence as defined in the  Federal Regulations and which occurs in New Brunswick, is first reported or becomes known to Transport Canada, Canada shall notify New Brunswick.

(b) Where a dangerous occurrence, as defined in the  Federal Regulations and which occurs in New Brunswick, is first reported or becomes known to New Brunswick, New Brunswick shall notify CANUTEC.

ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES

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

(b) Canada agrees that copies of any "30-day reports" referred to in Part IX of the Federal Regulations relevant to New Brunswick will be sent to the Provincial Coordinator on a regular basis.

ARTICLE TWELVE - PUBLIC AWARENESS

12. Canada and New Brunswick 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 REGULATORY SUBMISSIONS

13. (a) The Federal Coordinator agrees to forward to the Provincial Coordinator upon request the information contained in any reports, approved plans or registrations and other submissions relating to activities in the province of New Brunswick submitted to Canada pursuant to the  Federal Regulations.

(b) The Provincial Coordinator agrees, in the event that any reports, approved plans or registrations and other submissions required by the Federal Regulations that are inadvertently directed to New Brunswick, that New Brunswick will forward them to the Federal Coordinator.

ARTICLE FOURTEEN - MANAGEMENT INFORMATION SYSTEMS

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

(b) The Federal Act and the 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 to restrict dissemination of all information provided by New Brunswick 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:

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

(ii) employees of the Government of Canada;

(iii) jurisdictions participating in the national program;

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

(b) New Brunswick agrees 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:

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

(ii) employees of the Government of New Brunswick;

(iii) jurisdictions participating in the national program;

(iv) 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 agreed to in writing at the time.

ARTICLE SIXTEEN - DANGEROUS GOODS RESEARCH PROGRAMS

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

(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 benefits resulting from research programs may be apportioned to either Canada or New Brunswick 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 of dangerous goods program 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 is 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 New Brunswick 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;

(iii) limiting the Parliament of Canada or the Legislature of New Brunswick 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 New Brunswick, the Parliament of Canada or the Legislative Assembly of New Brunswick, 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) 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, S.C.1992.

Provincial:

1. Transportation of Dangerous Goods Act 1992, S.N.B. 1988, Chapter T-11.01.

2. Clean Environment Act, S.N.B. 1973, Chapter-6.

3. Fire Prevention Act, S.N.B. 1973, Chapter F-13.

4. Motor Vehicle Act, S.N.B. 1973, Chapter M-17.

5. Pesticides Control Act, S.N.B. 1973, Chapter P-8.

6. Emergency Measures Act, S.N.B. 1973, Chapter E-7.

7. Shortline Railways Act, S.N.B. 1994, Chapter S-8.1

SCHEDULE "B"

IDENTIFICATION OF ROLES

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 (Provincial)
2.	Inspection to ensure the compliance with the Federal Regulations	Off highway Federal On highway Provincial
3.	(a) Inspection to ensure compliance with the Fire Prevention Act (New Brunswick), Clean Environment Act (New Brunswick), and the Pesticides Control Act (New Brunswick) respectively.	Provincial
	(b) Inspection of means of containment to ensure Federal compliance with the federal regulations and standards.	Federal
4.	(a) Receipt of dangerous occurrence immediate notifications.	Provincial (Federal)
	(b) Receipt of 30 day dangerous occurrence reports.	Federal (Provincial)
5.	(a) Receipt, registration and approval of Emergency Response Assistance Plans.	Federal (Provincial)
	(b) Evaluation of Emergency Response Assistance Plans after use.	Federal (Provincial)
6.	Receipt of all other registration and submissions required by Parts I through IX of the Federal Regulations.	Federal (Provincial)
7.	(a) Examination of causes of accidents: (i) highway vehicle, (ii) other modes of transport.	Provincial Federal
	(b) Examination of means of containment failures.	Federal
8.	Issuance of permits under the Federal Act.	Federal (Provincial)
9.	Issuance of permits under the Provincial Act.	Provincial (Federal)
10.	Issuance of Protective Directions.	Federal (Provincial)

SCHEDULE "C"

RESPONSE TO DANGEROUS OCCURRENCES

1. For the purpose of this Schedule:

"municipality" has the same meaning as that contained in the Emergency Measures Act (New Brunswick);

"Emergency Site Manager" means in respect to a dangerous occurrence, the person designated by any municipality in the Province of New Brunswick under their municipal emergency plan as required by Section 10(1)(e) of the Emergency Measures Act (New Brunswick).

2. In the event of a dangerous occurrence, as defined in the Federal Act, in New Brunswick, Canada and New Brunswick agree that:

a) the Emergency Site Manager shall coordinate on-site response activities, unless expressly provided for or agreed otherwise;

b) the Emergency Site Manager may request CANUTEC to arrange for assistance of industry advisors or the attendance of an appropriate Transport Dangerous Goods inspector;

c) where a Transport Dangerous Goods inspector is present at a dangerous occurrence, he or she shall identify himself or herself to the Emergency Site Manager and provide all reasonable assistance requested by the Emergency Site Manager including the reasonable exercise of the inspector's powers under the Federal Act or the Provincial Act, as appropriate; and

3. Canada and New Brunswick also agree that the Federal Act and Provincial Coordinators shall endeavour that any potential Emergency Site Manager and all Transport Dangerous Goods Inspectors are made aware of all terms of this Schedule.