Prince Edward Island

CANADA - PRINCE EDWARD ISLAND

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 Prince Edward Island 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 transportation of dangerous goods 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 Dangerous Goods (Transportation) Act (Prince Edward Island)1988;

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 theTransportation 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 Highway Traffic Act (Prince Edward Island);

(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) "Prince Edward Island" means the Government of   Prince Edward Island;

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

(xii) "Provincial Act" means the Dangerous Goods (Transportation) Act, Chapter D3, Statutes of Prince Edward Island 1988 as amended from time to time during the term of this agreement;

(xiii) "Provincial Coordinator" means the Director, Highway Safety Division, Department of Transportation and Public Works for Prince Edward Island, 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 PRINCE EDWARD ISLAND

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 Prince Edward Island 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 Prince Edward Island, enforcement shall be undertaken pursuant to the Provincial Act.

(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 Prince Edward Island, enforcement shall be undertaken pursuant to the Federal Act.

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

(i) the storage and handling of gasoline, associated products and hydrocarbons in relation to stationary storage and transfer facilities, as defined in the Oil and Natural Gas Act (Prince Edward Island) and the Fire Prevention Act (Prince Edward Island);

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

(iii) the handling or offering for transportation, or transporting of wastes as defined under the Environmental Protection Act (Prince Edward Island) not coming under the purview of the Federal Act;

enforcement shall be the responsibility of Prince Edward Island, 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) Prince Edward Island 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 or the Provincial Act.

(c) In the making of the Regulations under:

(i) the Provincial Act,

(ii) the Oil and Natural Gas Act, (Prince Edward Island),

(iii) the Environmental Protection Act, (Prince Edward Island),

(iv) the Fire Prevention Act, (Prince Edward Island),

(v) the Highway Traffic Act, (Prince Edward Island), and

(vi) the Pesticides Control Act, (Prince Edward Island)

and other Prince Edward Island Legislation, Prince Edward Island 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 and agrees that in the event of any conflict the Federal Act and Federal Regulations will apply.

ARTICLE FIVE - CONSULTATION

5. (a) The Federal Minister and Provincial Minister or their respective delegates, shall consult with each other on any proposed changes to the Federal Act and Provincial Acts and Regulations 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 Prince Edward Island provided for in this Agreement shall be undertaken by the Federal Coordinator and the Provincial Coordinator, or their delegates, respectively.

(b) The Federal Coordinator and the Provincial Coordinatior, 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 Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island, is first reported or becomes known to Transport Canada, Canada shall notify Prince Edward Island.

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

ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES

11. (a) Canada and Prince Edward Island shall 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 Prince Edward Island shall be sent to the Provincial Coordinator on a regular basis.

ARTICLE TWELVE - PUBLIC AWARENESS

12. Canada and Prince Edward Island shall, 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 Prince Edward Island upon request the information contained in all reports, plans or registrations relating to TDG activities in the province of Prince Edward Island submitted to Canada pursuant to the  Federal Regulations.

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

ARTICLE FOURTEEN - MANAGEMENT INFORMATION SYSTEMS

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

(b) The Federal Act and the Provincial Coordinators 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 Prince Edward Island 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 TDG program, and

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

(b) Prince Edward Island 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 Prince Edward Island;

(iii) jurisdictions participating in the national TDG program, and

(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 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 benefits resulting from research programs may be apportioned to either Canada or Prince Edward Island 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 shall not 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   Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island, the Parliament of Canada or the Legislative Assembly of Prince Edward Island, 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. Transportation of Dangerous Goods Act 1992, Chapter 34, S.C.1992.

Provincial:

1. Dangerous Goods (Transportation) Act, R.S.P.E.I. 1988, Chapter D-3.

2. Emergency Measures Act, R.S.P.E.I. 1974, Chapter E-5

3. Environmental Protection Act, R.S.P.E.I. 1988, Chapter 19

4. Fire Prevention Act, R.S.P.E.I. 1983, Chapter 16, Codes and Standards Order EC 16/85

5. Oil and Natural Gas Act, R.S.P.E.I. 1974, Chapter 0-3

6. Highway Traffic Act, R.S.P.E.I. 1988, Chapter H-5

7. Pesticides Control Act, R.S.P.E.I.1984, Chapter 29

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 Oil and Natural Gas Act, (P.E.I.), the Fire Prevention Act, (P.E.I.), and the Environmental Protection Act, (P.E.I.).	Provincial
	(b) Inspection of means of containment to ensure compliance with the Federal Regulations and standards.	Federal (Provincial)
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 (Prince Edward Island);

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

2. In the event of a dangerous occurrence, as defined in the Federal Act, in Prince Edward Island, Canada and Prince Edward Island 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 Prince Edward Island 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.