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CANADA - BRITISH COLUMBIA
Agreement Respecting Administration of the
Transportation of Dangerous Goods Act, 1992
THIS AGREEMENT made as of the ___________ day of February, 2004
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 British Columbia 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, transporting, and importing 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 section 24 of Transport of Dangerous Goods Act (British Columbia)1985 ;
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)“Accidental Release” means, in relation to dangerous goods, an unplanned or accidental
(a)discharge, emission, explosion, outgasing or other escape of dangerous goods, or any component or compound evolving from dangerous goods; or
(b)emission of ionizing radiation that exceeds a level established under the “Nuclear Safety and Control Act”. (rejet accidental)
(ii) “British Columbia” means the Government of British Columbia:
(iii) “Canada” means the Government of Canada;
(iv) "CANUTEC" means the Canadian Transport Emergency Centre, Transport Dangerous Goods Directorate, Transport Canada. Ottawa;
(v) "Examination" means a separate and specific investigation of a means of transport or a means of containment involved in an accidental release or imminent accidental release dangerous occurrence conducted by a federal or provincial agency that extendsbeyond normal occurrence investigation practices or requirements;
(vi) "Federal Act" means the Transportation of Dangerous Goods Act. 1992 as amended from time to time during the term of this agreement;
(vii) "Federal Coordinator" means the Director General, Transport Dangerous Goods Directorate, Transport Canada, or his or her designate in writing;
(viii) "Federal Regulations" means regulations made pursuant to the Federal Act;
(ix) “highway” has the same meaning as that contained in the Provincial Act;
(x)“imminent accidental release” means, for dangerous goods in transport in a large means of containment, that there has been an incident and
(a)there is likely a need to remove or transfer all or a portion of the dangerous goods to another large means of containment;
(b)there is damage to the means of containment which, if not corrected, could result in an accidental release of the dangerous goods in a quantity or emission level that exceeds those set out in the table to subsection 8.1(1) of Part 8, Accidental Release and Imminent Accidental Release Report Requirements; or
(c)the large means of containment is lost in navigable waters;
(xi) "Information System” means the management information system on the transportation of dangerous goods;
(xii) "inquiry" means a public inquiry into an accidental release or imminent accidental release pursuant to Section 21 of the Federal Act or Provincial legislation;
(xiii) "Protective Direction" means a direction made under Section 32 of the Federal Act;
(xiv) "Provincial Act" means the Transport of Dangerous Good Act, Chapter 458 Statute of British Columbia as amended from time to time;
(xv) "Provincial Coordinator" means the Manager, Dangerous Goods, Ministry of Public Safety and Solicitor General or his or her designate identified in writing;
(xvi) "Provincial Regulations" means regulations made under the Provincial Act;
(xvii) "Transport Canada" means the federal Department of Transport;
(xviii) "road 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 - IMPLPEMENTATION OF FEDERAL ACT IN BRITISH COLUMBIA
2. The parties agree to cooperate to achieve the program objectives, the commitments, roles and responsibilities respecting the transportation of dangerous goods as outlined in this Agreement. This agreement provides that British Columbia will administer all on-highway inspection enforcement activities. The Federal Government will administer all other 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 British Columbia, 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, transporting or importing dangerous goods by any other mode of transport in British Columbia, enforcement shall be undertaken pursuant to the Federal Act.
(c)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)British Columbia agrees to adopt the text except Parts 13 and 15 of the Federal Regulations;
(b) The Federal and Provincial Ministers for the purpose of national uniformity, will recognize only those permits issued pursuant to the Federal Act or the Provincial Act.
(c)In the amending of the Provincial Act or making Regulations under the Provincial Act British Columbia agrees to strive towards the goal of national uniformity
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 and Provincial Acts and Regulations and will provide each other a copy of the proposed changes.
(b) The Federal and Provincial Coordinators shall consult to the extent possible 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 make available to the other Coordinator, 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 British Columbia 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 Coordinator, 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 British Columbia in accordance with the terms and conditions agreed upon between the Federal and Provincial Coordinators.
(d) The Federal 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 British Columbia 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 British Columbia in accordance with terms and conditions agreed upon by the Federal Coordinator and the Provincial Coordinator.
ARTICLE TEN – ACCIDENTAL AND IMMINENT RELEASE – NOTIFICATION AND REPORTING
10. (a)Where an accidental release or an imminent accidental release as defined in the Federal Regulations and which occurs in British Columbia is first reported or becomes known to Transport Canada, Canada shall notify British Columbia as required.
(b) Where an accidental release or imminent accidental release as defined in the Federal Regulations and which occurs in British Columbia, is first reported or becomes known to British Columbia British Columbia shall notify CANUTEC.
ARTICLE ELEVEN - RESPONSE TO ACCIDENTAL AND IMMINENT RELEASE
11. (a) Canada and British Columbia will combine and coordinate their efforts in response to an accidental release or imminent accidental release in accordance with Schedule "C".
(b) Canada agrees that copies of any "30-day reports" referred to in Part 8 of the Federal Regulations relevant to British Columbia will be sent to the Provincial Coordinator on a regular basis.
ARTICLE TWELVE - PUBLIC AWARENESS
12. Canada and British Columbia consistent with resource availability, will jointly maintain a program to ensure a high level of public awareness:
(a)Respecting the role, purpose and extent of the regulations and supporting programs; and
(b) The responsibilities arising from the legislation and regulations.
ARTICLE THIRTEEN - EXCHANGE OF REGULATORY SUBMISSIONS
13. (a) The Federal Coordinator shall forward to the Provincial Coordinator, upon request, the information contained in any reports, approved plans or registrations relating to activities in the province of British Columbia 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 British Columbia, shall 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 British Columbia, respectively to the extent jointly agreed to from time to time.
(b)The Federal 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 British Columbia 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 Minister;
(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) British Columbia 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 Minister
(ii) employees of the Government of British Columbia
(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 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 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)upon agreement of the Federal and the Provincial Coordinators 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 British Columbia in accordance with the terms and conditions agreed upon between the Federal 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 handling, offering for transport, transporting or importing of dangerous goods 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) 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) The Federal and Provincial Coordinators will provide to each other on request the results of an Inquiry or an Examination into an accidental release or imminent accidental release 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 British Columbia 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 British Columbia 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 British Columbia, the Parliament of Canada or the Legislative Assembly of British Columbia, 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 WHERE OF this Agreement has been executed as of the day first above written, by the Parties here to as represented by their proper officers, duly authorized In that behalf.
Minister of Transport
Government of Canada
Minister of Public Safety and Solicitor General
Government of the Province of British Columbia
Minister of Intergovernmental Affairs
Government of the Province of British Columbia
REFERENCES FOR FEDERAL AND PROVINCIAL ACTS
- Transport of Dangerous Goods Act, Chapter 458 Statute of British Columbia
- Emergency Program Act (RSBC 1996) Chapter 111
IDENTIFICATION OF ROLES
|ITEM||AREA OF ACTIVITY||LEVEL OF GOVERNMENT
FUNCTIONAL ROLE ( )
|1.||Establishment of safety standards.
safely marks and safety requirements.
|2.||Inspection to ensure compliance with
the Federal Regulations.
|Off highway Federal.
On highway Provincial.
|3.||Inspection of means of containment to
ensure compliance with the federal
regulations and standards.
|4.||(a) Receipt of accidental release or imminent
accidental release immediate notifications.
|(b) Receipt of 30 day dangerous
|5.||(a) Receipt registration and approval of
Emergency Response Assistance Plans
|(b) Evaluation of Emergency Response
Assistance Plans after activation.
|6.||Receipt of all other registrations and
submissions required by Parts I
through 16 of the Federal Regulations.
(a) Examination of causes of accidents:
(i) highway vehicle, or
(ii) other modes of transport
|(b) Examination of means of containment
|8.||Issuance of permits under the Federal Act.||Federal (Provincial)|
|9.||Issuance of permits under the Provincial
|10.||Issuance of Protective Directions.||Federal ( Provincial)|
RESPONSE TO DANGEROUS OCCURRENCES
1. For the purpose of this schedule:
"local authority" has the same meaning as that contained in the Emergency Program Act (British Columbia);
"municipality” has the same meaning as that contained in the Emergency Program Act (British Columbia);
"Person in Charge" means. in respect of a dangerous occurrence, the person designated by the local authority of any municipality in the Province of British Columbia, under their municipal emergency plan as required under section 15 of the Emergency Measures Act (British Columbia).
2. In the event of a dangerous occurrence, as defined in the Federal Act, in British Columbia, Transport Canada and British Columbia agree that:
(a) the Person in Charge shall coordinate on-site response activities unless expressly provided for or agreed otherwise;
(b) the Person in Charge may request CANUTEC to arrange for the assistance of industry advisors or the attendance of an appropriate Transport Dangerous Inspector;
(c) where a Transport Dangerous Goods inspector is present at a dangerous occurrence, he or she shall identify himself or herself to the Person in Charge and provide all reasonable assistance requested by the Person in Charge including the reasonable exercise of the inspector's powers under the Federal Act or the Provincial Act, as appropriate: and
(d) Nothing in this Agreement precludes Federal Transport Dangerous Goods Inspectors from attending the site of an accident to discharge those Duties provided for in the Federal Act; and
(e)Where an accidental release or imminent accidental release involves products which require Emergency Response Assistance Plans (ERAP) under the Federal Regulations, the Person in Charge shall consult Transport Canada regarding the activation of the plan.
3. Canada and British Columbia also agree that the Federal and Provincial Coordinators shall endeavor that any potential Person in Charge and all Transport Dangerous Goods Inspectors are made aware of all terms of this Schedule.
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