Part 7

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The TDG Regulations have been consolidated to include amendment SOR/2019-101 (Emergency Response Assistance Plan).

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EMERGENCY RESPONSE ASSISTANCE PLAN
SOR/2019-101

TABLE OF CONTENTS

Definitions

EMERGENCY RESPONSE ASSISTANCE PLAN
SOR/2019-101

Definitions

Definitions for the following terms, used in this Part, are provided in Part 1 (Coming into Force, Repeal, Interpretation, General Provisions and Special Cases)
SOR/2019-101

7.1 Application
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This Parts sets out

• (a) the requirement to have an approved ERAP;
• (b) the approval of an ERAP;
• (c) the authorization to use an approved ERAP;
• (d) the implementation of an approved ERAP; and
• (e) the compensation for the authorized implementation of an approved ERAP.
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7.2 Requirement to Have an Approved ERAP
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• (1) For the purposes of subsection 7(1) of the Act, an approved ERAP is required for
  • (a) dangerous goods that have the same UN number and that are contained in a single means of containment, if the quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1;
  • (b) dangerous goods, in a road vehicle or a railway vehicle, that have the same UN number and that are contained in more than one means of containment, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1 and are included in one of the following classes:
    • (i) Class 3, Flammable Liquids, with a subsidiary class of Class 6.1, Toxic Substances,
    • (ii) Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances That on Contact with Water Emit Flammable Gases (Water-reactive substances),
    • (iii) Class 5.2, Organic Peroxides, that are Type B or Type C,
    • (iv) Class 6.1, Toxic Substances, that are included in Packing Group I;
  • (c) dangerous goods, in a road vehicle or a railway vehicle, that have the same UN number, and that are contained in more than one large means of containment, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1;
  • (d) dangerous goods, in a road vehicle or a railway vehicle, that are included in Class 1, Explosives, and that are contained in one or more means of containment, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1 for the explosives with the lowest index number in that column;
  • (e) dangerous goods that are included in Class 2, Gases, that have the same UN number, that are contained in more than one means of containment — each of which has a capacity greater than 225 L — that are a single unit as a result of being interconnected through a piping arrangement and that are permanently mounted on a structural frame for transport, if the total quantity of those dangerous goods exceeds the ERAP index in column 7 of Schedule 1;
  • (f) any of the following dangerous goods that are transported by rail in a tank car, if the quantity of those dangerous goods in the tank car exceeds 10 000 L:
    • (i) UN1170, ETHANOL with more than 24% ethanol, by volume, ETHANOL SOLUTION with more than 24% ethanol, by volume, ETHYL ALCOHOL with more than 24% ethanol, by volume, or ETHYL ALCOHOL SOLUTION with more than 24% ethanol, by volume,
    • (ii) UN1202, DIESEL FUEL, GAS OIL, or HEATING OIL, LIGHT,
    • (iii) UN1203, GASOLINE, MOTOR SPIRIT, or PETROL,
    • (iv) UN1267, PETROLEUM CRUDE OIL,
    • (v) UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S.,
    • (vi) UN1863, FUEL, AVIATION, TURBINE ENGINE,
    • (vii) UN1987, ALCOHOLS, N.O.S.,
    • (viii) UN1993, FLAMMABLE LIQUID, N.O.S.,
    • (ix) UN3295, HYDROCARBONS, LIQUID, N.O.S.,
    • (x) UN3475, ETHANOL AND GASOLINE MIXTURE, with more than 10% ethanol, ETHANOL AND MOTOR SPIRIT MIXTURE, with more than 10% ethanol, or ETHANOL AND PETROL MIXTURE, with more than 10% ethanol, and
    • (xi) UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC; and
  • (g) any quantity of dangerous goods that are Risk Group 4 human pathogens within the meaning of the “Human Pathogens and Toxins Act”.
• (2) Any substance that would require an ERAP if its classification were determined in accordance with Part 2 (Classification) requires an approved ERAP if its appropriate classification in the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is to be used under subsection 2.2(4).
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7.3 Application for Approval of an ERAP
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• (1) A person must apply to the Minister in writing for the approval of an ERAP.
• (2) The application for approval must be signed by the applicant and must include a copy of the ERAP and the following information:
  • (a) the name and contact information of the applicant;
  • (b) a description of the applicant’s operations;
  • (c) the name and contact information of any third party who assisted in the preparation of the application;
  • (d) the classification of the dangerous goods to which the ERAP relates and the mode of transport used;
  • (e) for each mode of transport used,
    • (i) the frequency of the transportation of the dangerous goods,
    • (ii) the type and specification of the means of containment used to transport the dangerous goods, and
    • (iii) the geographical area in which the dangerous goods are transported;
  • (f) the ERAP telephone number, including the area code, at which a person identified in the ERAP can be reached at any time while the dangerous goods are handled or transported;
  • (g) a description of the communications systems that will be available at the location of a release or anticipated release of dangerous goods;
  • (h) the name and contact information of any third-party emergency responders, their role and a copy of the agreement between the applicant and the third party;
  • (i) the following information regarding the ERAP response equipment:
    • (i) a detailed list of the equipment,
    • (ii) the location of the equipment,
    • (iii) the name of the person responsible for the operation of the equipment at each location,
    • (iv) for each location, the dangerous goods in respect of which the equipment is to be used during emergency measures, and
    • (v) the geographical areas where the equipment at each location is to be used;
  • (j) the following information respecting the ERAP response personnel, including technical advisors, team leaders and response teams:
    • (i) their names and contact information,
    • (ii) their responsibilities,
    • (iii) any training they have taken, and
    • (iv) a description of their knowledge and experience in respect of the dangerous goods;
  • (k) the response capability in respect of the dangerous goods, including
    • (i) the measures that can be taken in response to the release or anticipated release,
    • (ii) the persons responsible for taking the measures referred to in subparagraph (i), and
    • (iii) the ERAP equipment that will be used to take those measures;
  • (l) an estimate of the time required for the response personnel and equipment to reach the location of the release or anticipated release and a description of the mobilization and deployment steps in respect of the response personnel and equipment; and
  • (m) a potential incident analysis, including
    • (i) the following scenarios:
      • (A) an anticipated release of dangerous goods,
      • (B) the release of less than 1% of the dangerous goods in a means of containment,
      • (C) the release of more than 50% of the dangerous goods in a means of containment, and
      • (D) the exposure to fire of a means of containment that contains dangerous goods,
    • (ii) the possible consequences of the release or anticipated release for each scenario,
    • (iii) the measures, organized by tier in accordance with section 7.8, to be taken in response to the release or anticipated release for each scenario, and
    • (iv) the identification of the persons responsible for taking the measures referred to in subparagraph (iii).
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7.4 Application for Approval of an ERAP – Emergency Response Contractors
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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).
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7.5 Application for Approval of Changes to Approved ERAP
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• (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.
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7.6 Request for Review of Decision
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• (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.
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7.7 Authorization to Use an Approved ERAP
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• (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.
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7.8 Implementation of an Approved ERAP
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• (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.
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7.9 Compensation for the Authorized Implementation of an Approved ERAP
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• (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.
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7.10 Compensation Limits
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• (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.
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7.11 Claims for Compensation
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Claims for compensation must be submitted with supporting documentation to the Minister no later than three months after completion of the emergency response work.
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