Quebec

CANADA – QUEBEC

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

THIS AGREEMENT is made this _________ day of _________ 2006

WHEREAS CANADA and QUEBEC 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;

WHEREAS the Parliament of Canada and the National Assembly of Quebec both have enacted legislation in respect of the transportation of dangerous goods;

WHEREAS CANADA AND QUEBEC acknowledge that in this national transportation safety program, harmonized comprehensive regulations respecting the handling, offering for transport, transporting and importing of dangerous goods must be administered and enforced in an equal and harmonized manner in order to most effectively utilize available resources;

WHEREAS CANADA and QUEBEC recognize that the best way to achieve these goals is through the combined and concerted efforts of each government's available resources, and that these efforts must be coordinated and administered in a cooperative and complementary manner;

WHEREAS Canada, with the approval of the Governor General in Council, is authorized to enter into this agreement pursuant to Subsection 4(1) of the Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34);

WHEREAS, under Section 10 of the Act respecting the Ministère des Transports (R.S.Q., c. M-28), the Quebec Minister of Transport may, with the government's approval and in accordance with the interests and rights of Quebec, enter into any agreement with any government to facilitate the execution of said Act;

WHEREAS, for QUEBEC, this agreement constitutes a Canadian intergovernmental agreement as defined in Section 3.6.2 of the Act respecting the Ministère du Conseil exécutif (R.S.Q., c. M-30).

ACCORDINGLY, THIS AGREEMENT CONFIRMS that the parties hereby agree to the following:

1.DEFINITIONS

In this Agreement:

1.1 "CFIL-Québec" means a local railway under Quebec jurisdiction, or a rail transport system operated on an industrial site and on the branches linking the site to the nearest railway.

1.2 "Coordinator for Canada" means the Director General, Transport Dangerous Goods Directorate, Transport Canada, or his or her designate in writing.

1.3 "Coordinator for Quebec" means the Director General, Direction des politiques et de la sécurité en transport, of the Quebec ministère des Transports, or his or her designates in writing.

1.4 "Examination" means a separate and specific investigation of a means of transport, a container, or dangerous goods involved in an accidental release or imminent accidental release by an agency of Canada or Quebec, and whose scope exceeds normal occurrence investigation practices or requirements.

1.5 "Statutes of Canada" means the Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34), and all subsequent amendments.

1.6 "Statutes of Quebec" means the Highway Safety Code (R.S.Q., c. C-24.2) and the Act to ensure safety in guided land transport (R.S.Q., c. S-3.3), and all subsequent amendments.

1.7 "Regulations of Canada" means the Transportation of Dangerous Goods Regulations made by Order in Council P.C. 2001-1336 dated 1 August 2001, and bearing the registration number SOR/2001-286 dated 1 August 2001, and all subsequent amendments.

1.8 "Regulations of Quebec" means the Transportation of Dangerous Substances Regulation (Order 866-2002, dated 10 July 2002) and the Regulation Respecting Rail Safety (Order 909-2003, dated 27 August 2003), and all subsequent amendments.

Other terms used in this Agreement and not defined in the first paragraph, which are the same as those defined in the "Statutes of Canada" and "Regulations of Canada", shall have the meanings defined therein.

2.IMPLEMENTING THE "STATUTES OF CANADA" IN QUEBEC

The parties shall cooperate to fulfill the program objectives, commitments, roles and responsibilities outlined in this agreement with regard to the transport of dangerous goods.

This agreement also states, in particular, the following:

2.1QUEBEC shall routinely implement the Highway Safety Code with regard to inspection and enforcement activities for the transportation of dangerous goods on public roads, on private roads open to public vehicle traffic, on shopping centre property and on other roads open to public traffic, and shall implement the Act to ensure safety in guided land transport with regard to inspection and enforcement activities for the transportation of dangerous goods on a "CFIL-Québec".

2.2CANADA shall routinely implement the "Statutes of Canada" and "Regulations of Canada" with regard to inspection and enforcement activities other than those identified in the second paragraph.

3. ENFORCEMENT

3.1 Where an offence is alleged to have occurred with respect to the transporting of dangerous goods in or on a vehicle on a highway in Quebec, on a private road open to public vehicle traffic, on shopping centre property or on other roads open to public traffic, enforcement shall be undertaken pursuant to Quebec's Highway Safety Code.

Where an offence is alleged to have occurred on a "CFIL-Québec", enforcement shall be undertaken pursuant to the Act to ensure safety in guided land transport.

3.2 Where an offence other than those outlined in Paragraph 3.1 above regarding the handling, offering for transport, transporting or importing of dangerous goods is alleged to have occurred, enforcement shall be undertaken pursuant to the "Statutes of Canada".

3.3 Where one Party furnishes to the other Party information on alleged violations, detected during an inspection, regarding dangerous goods within the other Party's area of responsibility as set out in this Agreement, the other Party shall, where possible, conduct an investigation of the alleged violations, and provide information on and the findings of said investigation upon request, insofar as such information and results can be released to the first named Party. These exchanges shall take place between the "Coordinator for Quebec" and the "Coordinator for Canada".

4. NATIONAL HARMONIZATION

4.1For the purposes of harmonization, QUEBEC agrees to adopt, for reference, the Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, as well as Schedules 1, 2 and 3 of the "Regulations of Canada". However, QUEBEC reserves the right not to adopt them in their entirety, and to adopt specific safety requirements and standards, especially regarding traffic in tunnels.

4.2For the purposes of harmonization, QUEBEC shall recognize equivalent safety permits and emergency permits issued under the "Statutes of Canada", and applicable equivalent safety requirements under the Act to ensure safety in guided land transport or the Highway Safety Code.

4.3QUEBEC shall take into account the goal of harmonization when amending the "Regulations of Quebec".

5. CONSULTATION

5.1The "Coordinator for Canada" and the "Coordinator for Quebec" shall consult each other regarding any proposed changes to the "Statutes of Quebec" and "Regulations of Quebec", or to the "Statutes of Canada" and "Regulations of Canada", and shall provide each other a copy of the proposed changes.

5.2Where necessary, the "Coordinator for Canada" and the "Coordinator for Quebec" shall consult each other before issuing equivalent safety permits or emergency permits that will impact on Quebec, and before enforcing equivalent safety requirements.

5.3The "Coordinator for Canada" shall immediately provide the "Coordinator for Quebec" with a copy of all permits issued and, on demand, all documents needed to evaluate said permits.

5.4The "Coordinator for Quebec" shall immediately provide the "Coordinator for Canada" with access to all equivalent safety requirements and, on demand, all documents needed to evaluate said requirements.

6.IDENTIFICATION OF ROLES

6.1Schedule "A" of this Agreement identifies the functional roles of each level of government based on area of activity.

7.COORDINATION OF ACTIVITIES

7.1The "Coordinator for Canada" and "Coordinator for Quebec" shall conduct the day-to-day coordination of the activities of CANADA and QUEBEC, outlined in this Agreement, on the basis of their respective powers, duties and responsibilities.

7.2The "Coordinator for Canada" and "Coordinator for Quebec" shall periodically meet to review the policies governing the administration and implementation of the national program to enhance safety in the transportation of dangerous goods.

7.3Any costs associated with the activities specified in Paragraphs 7.1 and 7.2 above may be apportioned to either CANADA or QUEBEC, in accordance with the terms and conditions agreed upon between the "Coordinator for Canada" and the "Coordinator for Quebec".

7.4The "Coordinator for Canada" and the "Coordinator for Quebec" shall make every effort to ensure their coordination activities take into account the responsibilities and interests of other Departments, Ministries and Agencies of Canada and Quebec that participate in or are affected by the aforementioned program.

8.TRAINING OF INSPECTORS AND OFFICERS

8.1From time to time, the "Coordinator for Canada" and the "Coordinator for Quebec" shall discuss and review training programs for individuals to ensure compatibility and relevance of content.

8.2Any costs associated with the training outlined in Paragraph 8.1 above may be apportioned to CANADA or QUEBEC, pursuant to the terms and conditions agreed upon by the ”Coordinator for Canada” and the ”Coordinator for Quebec”. 

9.NOTIFICATION AND REPORTING IN THE EVENT OF AN ACCIDENTAL RELEASE OR IMMINENT ACCIDENTAL RELEASE

9.1When the "Coordinator for Canada" learns that an accidental release or imminent accidental release, within the meaning of the "Regulations of Canada", has occurred in Quebec, he/she shall notify the "Coordinator for Quebec".

9.2When the "Coordinator for Quebec" learns that an accidental release or imminent accidental release, within the meaning of the "Regulations of Canada", has occurred in Quebec, he/she shall notify the "Coordinator for Canada".

10. RESPONSE PROCEDURES IN THE EVENT OF AN ACCIDENTAL RELEASE OR IMMINENT ACCIDENTAL RELEASE

10.1CANADA and QUEBEC shall combine and coordinate their efforts in response to an accidental release or imminent accidental release.

10.2The "Coordinator for Canada" agrees to send to the "Coordinator for Quebec", upon request, copies of all "30-day reports" relevant to Quebec, that are referred to in Part 8 of the "Regulations of Canada".

10.3The "Coordinator for Quebec" agrees to send to the "Coordinator for Canada" copies of all "30-day reports" relevant to Quebec, that are referred to in Part 8 of the "Regulations of Canada".

11.PUBLIC AWARENESS

Based on available resources, CANADA and QUEBEC shall help inform the public of the role, purpose and scope of regulations and awareness programs, and of the responsibilities arising out of laws and regulations.

12.EXCHANGE OF REPORTS

12.1CANADA agrees to forward to the "Coordinator for Quebec", upon request, information contained in all emergency response plans, reports or data relating to activities conducted in Quebec and presented to the Government of Canada pursuant to the "Regulations of Canada".

12.2QUEBEC agrees to forward to the "Coordinator for Canada" any report, emergency response plan or registration data required under the "Regulations of Canada" or the "Regulations of Quebec".

13.ACCESS TO INFORMATION

13.1 All provisions of this agreement are subject to the access to information laws of Quebec and Canada.

13.2CANADA agrees to limit the dissemination of all information provided by QUEBEC to the following persons, and only insofar as they require it to perform their duties in administering and enforcing the Statutes of Canada:

13.2.1inspectors appointed by the Minister for CANADA;

13.2.2employees of governments participating in the national program to enhance safety in the transportation of dangerous goods;

13.2.3such other persons or agencies as the "Coordinator for Quebec" has expressly authorized in writing to receive such information.

13.3QUEBEC agrees to limit the dissemination of all information provided by CANADA to the following persons, and only insofar as they require it to perform their duties in administering and enforcing the Highway Safety Code:

13.3.1inspectors and peace officers appointed by the Minister for QUEBEC;

13.3.2employees of governments participating in the national program to enhance safety in the transportation of dangerous goods;

13.3.3such other persons or agencies as the "Coordinator for Canada" has expressly authorized in writing to receive such information.

14.DANGEROUS GOODS RESEARCH PROGRAM

14.1The "Coordinator for Canada" and the "Coordinator for Quebec" shall:

14.1.1 exchange all information deriving from research programs that may be conducted with regard to dangerous goods;

14.1.2 coordinate research programs to avoid duplication of effort;

14.1.3take part in joint research programs, where desirable or necessary, by sharing costs or personnel.

14.2All costs or monetary benefits arising out of research programs may be apportioned to either CANADA or QUEBEC under the terms and conditions agreed upon between the "Coordinator for Canada" and the "Coordinator for Quebec".

15.INQUIRIES AND "EXAMINATIONS"

15.1Where either Party conducts, or feels there is a need to conduct, an Inquiry or "Examination" into any matter relating to the program to enhance safety in the transportation of dangerous goods, it shall inform the other Party.

15.2When an Inquiry or "Examination" must be conducted or is being conducted, consideration shall be given to the coordination of available resources and, where applicable, to the sharing of costs, in order to maximize efficiency and minimize associated costs.

15.3This agreement shall not preclude involvement by other agencies in any Inquiry or "Examination" that falls within their authority.

15.4Where an accidental release or imminent accidental release involves rail transport (other than a "CFIL-Québec"), air transport, or marine transport that falls within Government of Canada jurisdiction, the Inquiry or "Examination" shall be conducted by the appropriate agency of Canada.

15.5Where an accidental release or imminent accidental release involves the rail transport of a "CFIL-Québec", or road transport that falls within Government of Quebec jurisdiction, the Inquiry or "Examination" shall normally be conducted by the appropriate agency of Quebec.

15.6The "Coordinator for Canada" and "Coordinator for Quebec" shall, upon request, inform each other of the findings of an Inquiry or "Examination" conducted into an accidental release under the terms of the "Statutes of Canada" or the "Statutes of Quebec".

16. UNINTENTIONAL LIMITATION OF POWERS

16.1This Agreement is not intended to unlawfully impede the Government of Canada or the Government of Quebec by:

16.1.1limiting any Minister of the Government of Canada or the Government of Quebec in the exercise of a power that has been lawfully granted to said Minister by statutes or regulation;

16.1.2limiting the Governor in Council or the Lieutenant Governor in Council in the exercise of a lawfully-granted power;

16.1.3limiting the Parliament of Canada or the National Assembly of Quebec in the exercise of any constitutional power.

16.2To the extent that any provision of this Agreement unlawfully impedes the exercise of a power by either Minister, by the executive of Canada or Quebec, by the Parliament of Canada or by the National Assembly of Quebec, said provision shall be severed from this Agreement and cease to operate. However, to the extent that the provision may lawfully apply, said provision and all other provisions of this Agreement shall be of full force and effect.

17.AMENDMENT PROCESS

17.1This Agreement and its Schedule A may be only amended via a written consent form, signed in duplicate by both Parties and attached to the Agreement. This consent must be signed in triplicate and attached to the Agreement

17.2Amendments so made shall form part of this Agreement.

18.COMMENCEMENT AND TERMINATION

18.1This Agreement shall take effect upon the date on which it is signed by all signatories.

18.2Neither party may terminate this Agreement without providing a one-year written notice to the other Party, or unless the Parties have agreed to a shorter notice period.

IN WITNESS WHEREOF the Parties to this Agreement, as represented by their duly authorized proper officers, have signed on the date appearing at the top of said Agreement.

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

SCHEDULE "A"

1. Parentheses indicate an advisory or support role.
2. On public roads, on private roads open to public vehicle traffic, on shopping centre property, and on other roads open to public traffic.