Recent amendments to the Transportation of Dangerous Goods Regulations (the Regulations) seek to enhance response to releases of dangerous goods; to ensure more effective, timely responses to incidents and clarify expectations of handlers and transporters of dangerous goods.
- Those who “handle” or “transport” dangerous goods exceeding specified quantities are subject to the Emergency Response Assistance Plan (ERAP) requirements if there is no one “offering for transport” or “importing” the dangerous goods.
- Applications for approval of an ERAP will now require a “potential incident analysis” that includes, at minimum, the four scenarios set out in s. 7.3 of the Regulations.
- A person with an approved ERAP can authorize another to use it if authorization is provided in writing, without notifying Transport Canada.
- A person who holds an ERAP must implement it when there is a release or anticipated release that endangers public safety.
- A person who is required to report a release or anticipated release of dangerous goods must telephone the ERAP telephone number to report the incident if the expected or actual quantity of the release is in excess of the specified quantities.
- Whenever an ERAP is implemented, an ERAP implementation report must be filed with CANUTEC at 1-888-CANUTEC (1-888-226-8832).
- An incident report must be made in the event of a release or anticipated release of dangerous goods.
In Canada, the transportation of dangerous goods is regulated under the Transportation of Dangerous Goods Act, 1992 (TDG Act), the Transportation of Dangerous Goods Regulations (TDG Regulations), and standards incorporated by reference into the TDG Regulations. The TDG Act and TDG Regulations comprise the regulatory framework for the ERAP program.
The TDG Act requires any person importing or offering for transport certain higher risk dangerous goods (for example chlorine, propane, crude oil) in quantities specified by the TDG Regulations to have an approved ERAP. In cases where no person is importing or offering for transport, persons handling or transporting these dangerous goods require an ERAP.
The scale of transportation incidents involving the release or anticipated release of dangerous goods and the danger they present require a different approach and strategy than most local authorities are trained to deal with. An ERAP is intended to assist emergency responders by providing them with specialized expertise, equipment, or response teams when needed. It also ensures that the risks associated with transporting these dangerous goods are well understood, and that appropriate measures are in place.
Between 2007 and 2017, TC recorded approximately 360 transportation incidents involving the implementation of an ERAP. There are currently over 1 000 ERAPs approved by the Minister covering nearly 400 dangerous goods.
A number of recommendations from the ERTF were related to improving the ERAP program. These recommendations focused on clarifying the processes for implementing an ERAP and collecting meaningful data to foster the continuous improvement of the ERAP program.
The primary objectives of the Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) are to address the recommendations of the ERTF to improve the ERAP program and enhance public safety in the event of an incident during the transportation of dangerous goods. These objectives support the overall strategy to promote a safe, secure and efficient transportation system that contributes to Canada’s economic development and security objectives.
Economic Impact of Amendments
According to Transport Canada, these amendments will not result in nationwide cost impacts greater than $1 million annually, and they will not result in costs for small businesses that are disproportionately high. The small business lens will therefore not apply to these proposed amendments.