CANADA - ONTARIO
Agreement Respecting Administration of the
Transportation of Dangerous Goods Act, 1992
THIS AGREEMENT is made
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 Ontario both have enacted legislation in respect of the transportation of dangerous goods;
AND WHEREAS the Federal Minister and Provincial Minister acknowledge that in this national transportation safety 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. 12 of The Dangerous Goods Transportation Act;
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;
(v) "Federal Coordinator" means the Director General, Transport Dangerous Goods Directorate, Transport Canada, or his or her designate in writing;
(viii) "Information System" means a management information system on the transportation of dangerous goods;
(x) "Province" means the Government of Ontario;
(xii) "Provincial Act" means the Dangerous Goods Transportation Act, R.S.O. 1990 Chapter D.1 as amended from time to time during the term of this agreement;
(xiii) "Provincial Coordinator" means the Assistant Deputy Minister, Safety and Regulation, Ministry of Transportation for Ontario, or his or her designate in writing;
(xv) "Transport Canada" means the federal Department of Transport; and,
(c) Citations for federal and provincial legislation referred to in this Agreement are listed in Schedule "A".
ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN ONTARIO
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 Ontario will administer all on-highway inspection and enforcement activities and 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, other than radioactive materials, in or on a vehicle on a highway in Ontario, enforcement shall be undertaken pursuant to the Provincial Act.
(b) Where an offence is alleged to have occurred in respect of transporting of radioactive materials in or on a vehicle on a highway in Ontario, 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 Gasoline Handling Act (Ontario) and the Energy Act (Ontario);
(ii) the storage and handling, other than for transportation, of flammable liquids or other dangerous goods as defined under the Fire Marshals Act (Ontario); and,
(iii) the handling or offering for transport, or transporting of hazardous wastes as defined under the Environmental Protection Act (Ontario) not coming under the purview of the Federal Act, enforcement shall be the responsibility of Ontario, pursuant to the provincial Acts cited herein.
(d) Where an offence, other than those listed in paragraphs (a) to (c), is alleged to have occurred in respect of any handling, offering for transport or transporting of dangerous goods, enforcement shall be pursuant to the Federal Act.
(e) 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 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) Ontario agrees to adopt the English text of the Federal Regulations.
(b) Ontario agrees to issue permits complementary to the federal permits of equivalent level of safety or emergency, as appropriate.
(d) Canada agrees to consult with Ontario prior to issuing permits which will impact on Ontario.
(e) In the making of the Regulations under:
(i) the Provincial Act,
(ii) the Energy Act, (Ontario),
(iii) the Environmental Protection Act, (Ontario),
(iv) the Fire Marshals Act, (Ontario),
(v) the Gasoline Handling Act, (Ontario),
(vi) the Pesticides Act, (Ontario) and
other Ontario Legislation, Ontario 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.
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 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 provide to the other Coordinator, 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 Ontario 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 activities specified in paragraph (a) and (b) may be apportioned to either Canada or Ontario 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.
ARTICLE NINE - TRAINING OF INSPECTORS
9. (a) Canada and Ontario shall provide and maintain 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 Ontario 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 Ontario, is first reported or becomes known to Transport Canada, Canada shall notify Ontario.
ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES
11. (a) Canada and Ontario will combine and coordinate their efforts in response to a dangerous occurrence in accordance with Schedule "C".
ARTICLE TWELVE - PUBLIC AWARENESS
12. Canada and Ontario will, 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 the Provincial Coordinator upon request the information contained in any reports, plans or registrations relating to activities in the province of Ontario submitted to Canada pursuant to the Federal Regulations.
(b) Ontario agrees, in the event that any reports, plans or registrations required by the Federal Regulations are inadvertently directed to Ontario, that Ontario will forward them to the Federal Coordinator.
ARTICLE FOURTEEN - INFORMATION SYSTEMS
14. (a) The Federal Coordinator and Provincial Coordinators shall cooperate in the formation of any dangerous goods Information Systems by contributing such relevant data as may be routinely collected by Canada and Ontario, respectively, to the extent jointly agreed to from time to time.
ARTICLE FIFTEEN - ACCESS TO INFORMATION
15. (a) Canada agrees to restrict dissemination of all information provided by Ontario to the following persons, and then only to the extent that the information is required in the performance of their duties in respect of 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 program; and
(iv) such other persons or agencies as are expressly authorized in writing by the Provincial Coordinator to receive such information.
(b) Ontario 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 Ontario;
(iii) jurisdictions participating in the national program; and
(iv) such other persons or agencies as are expressly authorized in writing by the federal Coordinator to receive such information.
ARTICLE SIXTEEN - DANGEROUS GOODS RESEARCH PROGRAMS
(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 Ontario 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 transportation, storage or handling of dangerous goods should take place that Party will inform the other Party of its views.
(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.
(f) The Federal and Provincial Coordinators will provide to each other on request the results of an Inquiry or 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 - UNINTENDED LIMITATION OF POWERS
18 (a) This Agreement is not intended to unlawfully impede the Crown in the right of Canada or Ontario by:
(i) limiting any minister of the Crown in the exercise of a power that has been lawfully granted to that minister by law 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 to the Governor in Council or the Lieutenant Governor in Council; or
(iii) limiting the Parliament of Canada or the Legislative Assembly of the Province of Ontario in the exercise of any constitutional power.
(b) To the extent that any provision of this Agreement unlawfully impedes the exercise of power of any minister, the executive of Canada or Ontario, the Parliament of Canada or the Legislative Assembly of Ontario, 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.
(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 by the Parties hereto as represented by their proper officers, duly authorized in that behalf.
Minister of Transport
Government of Canada
Minister of Transportation
Government of Ontario
REFERENCES FOR FEDERAL AND PROVINCIAL ACTS
1. The Transportation of Dangerous Goods Act, 1992 Chapter 34, S.C.1992.
1. Dangerous Goods Transportation Act, R.S.O. 1990, Chapter D.1
2. Energy Act, R.S.O. 1990, Chapter E.16
3. Environmental Protection Act, R.S.O. 1990, Chapter E.19
4. Fire Marshals Act, under the said Act. R.S.O. 1990, Chapter F.17 and Regulation 454.
5. Gasoline Handling Act, R.S.O. 1990, Chapter G.4
6. Pesticides Act, R.S.O. 1990, Chapter P. 11.
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 compliance with the Federal Regulations.||
a) Off highway. Federal
b) On highway. Provincial.
|3.||(a) Inspection to ensure compliance with the Gasoline Handling Act (Ontario) the Energy Act (Ontario), and the Fire Marshals Act, (Ontario) respectively.||Provincial|
|(b) Inspection of the 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 registrations and submissions required by Parts I through IX of the Federal Regulations.||Federal (Provincial)|
(a) Examination of causes of accidents:
(ii) other modes of transport
|(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 ( Province).|
RESPONSE TO DANGEROUS OCCURRENCES
1. For the purpose of this Schedule:
"On site coordinator" means a person having or been assigned responsibilities for public safety protection in respect of a dangerous occurrence by reason of a provincial statute or, failing this, a person operating in such a manner under a federal statute.
2. In the event of a dangerous occurrence in Ontario, Canada and Ontario agree that:
(a) The On site coordinator shall coordinate on-site response activities unless expressly provided for or agreed otherwise;
(c) Where a Transport Canada Inspector is present at a dangerous occurrence, he or she shall identify himself or herself to the On site coordinator and provide all reasonable assistance requested by the On site coordinator including the reasonable exercise of the inspector powers under the Federal Act.
3. Canada and Ontario also agree that the Federal Coordinator and the Provincial Coordinator shall endeavour that any potential On site coordinator and all Transport Canada Inspectors are made aware of the terms of this Schedule.
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