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Saskatchewan


CANADA - SASKATCHEWAN

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

THIS AGREEMENT is made

BETWEEN
HER MAJESTY IN RIGHT OF CANADA as represented by the Minister of Transport (herein referred to as "Canada"),
AND
HER MAJESTY IN RIGHT OF THE PROVINCE OF SASKATCHEWAN, as represented by the Minister of Highways and Transportation (herein referred to as "Saskatchewan").
 

WHEREAS Canada and Saskatchewan 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 Saskatchewan both have enacted legislation in respect of the handling, offering for transport and transporting of dangerous goods;

AND WHEREAS Canada and Saskatchewan acknowledge that in a national 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, has been authorized by the Governor in Council to enter into the within agreement pursuant to Subparagraph 4(1) of the Transportation of Dangerous Goods Act, 1992 (Canada), and the Provincial Minister has been authorized, by the Lieutenant-Governor in Council to enter into the within agreement pursuant to Section 23 of The Dangerous Goods Transportation Act, (Saskatchewan);

NOW THEREFORE Canada and Saskatchewan agree as follows:

ARTICLE ONE - INTERPRETATION

1. (a) In this agreement unless the context otherwise requires:

(i) "CANUTEC" means the Canadian Transport Emergency Centre, Transport Dangerous Goods Directorate, Transport Canada, Ottawa;

(ii) "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 requirement;

(iii) "Federal Act" means The Transportation of Dangerous Goods Act, 1992, Chapter 34 as amended from time to time during the term of this agreement;

(iv) "Federal Coordinator" means the Director General, Transport Dangerous Goods Directorate, Transport Canada, or his or her designate in writing;

(v) "Federal Regulations" means regulations made pursuant to the Federal Act;

(vi) "Highway" means the same meaning as in the Highway Traffic Act, S.S. Chapter H 3.1;

(vii) "Information System" means management information systems on the transportation of dangerous goods;

(viii) "Inquiry" means a public inquiry into a dangerous occurrence pursuant to the Federal Act or Provincial legislation;

(ix) "Provincial Act" means The Dangerous Goods Transportation Act, S.S. Chapter D-1.2 as amended from time to time during the term of this agreement;

(x) "Provincial Coordinator" means the Deputy Minister of Highways and Transportation for Saskatchewan or his or her designate in writing;

(xi) "Provincial Regulations" means regulations made under the Provincial Act; and

(xii) "Vehicle" has the same meaning as that contained in the Highway Traffic Act, S.S. Chapter H-3.1.

(b) Subject to 1(a) a term used in this agreement which is defined in the Federal Act or the Federal Regulations, shall have the meaning given to the term in the Federal Act or Regulations.

ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN SASKATCHEWAN

2. (a) The parties agree to cooperate to achieve and meet the program objectives, the commitments, the roles and responsibilities respecting the transport of dangerous goods as outlined in this agreement.

(b) Generally, this agreement provides that Saskatchewan will administer all on-highway inspection and enforcement and that Canada will administer all off-highway inspection and enforcement.

ARTICLE THREE - ENFORCEMENT

3. (a) Where an offence is alleged to have occurred in or on a vehicle on a highway in the province of Saskatchewan, enforcement shall be undertaken pursuant to the Provincial Act. Where an offence is alleged to have occurred in respect of activities referred to in Schedule "A" as "Federal", enforcement shall be undertaken pursuant to the Federal Act.

(b) Where one Party furnishes to the other Party information on alleged violations within the other Party`s areas 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 Party.

ARTICLE FOUR - NATIONAL UNIFORMITY

4. (a) Saskatchewan has adopted the text of Parts I to IX of the Federal Regulations.

(b) The Provincial Minister, for the purposes of national uniformity, will recognize only those permits issued pursuant to the Federal Act and the Provincial Act.

(c) In the amending of the Provincial Act or making Regulations under the Provincial Act, Saskatchewan agrees to strive towards the goal of national uniformity.

ARTICLE FIVE - CONSULTATION

5. (a) Canada and Saskatchewan will consult with each other on any proposed changes to the Federal or Provincial Acts and Regulations and will provide each other with 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) The Federal Coordinator and the Provincial Coordinator shall provide to each other, a copy of each permit issued.

ARTICLE SIX - IDENTIFICATION OF ROLES

6. Schedule "A" to this agreement defines the areas of activity to beadministered by each party to this agreement.

ARTICLE SEVEN - COORDINATION OF ACTIVITIES

7. (a) The Federal Coordinator and the Provincial Coordinator or their respective delegates shall undertake the day to day coordination of the activities of Canada and Saskatchewan pursuant to this agreement and to the national transportation of dangerous goods program.

(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 a national program for the transportation of dangerous goods.

(c) The Federal Coordinator and Provincial Coordinator shall use their best efforts to ensure that the programs and activities of other federal and provincial departments, ministries and agencies having direct or indirect responsibilities in the program are coordinated and consistent with the national transportation of dangerous goods program.

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 has been recommended for designation by the Federal Coordinator.

ARTICLE NINE - TRAINING OF INSPECTORS

9. (a) Canada and Saskatchewan shall provide and maintain individual training programs for persons to be designated as inspectors.

(b) The Federal Coordinator and the Provincial Coordinator shall ensure that the training programs for inspectors are compatible and relevant.

(c) Any costs associated with the delivery of the training specified in paragrahs (a) and (b) may be apportioned to Canada or Saskatchewan as agreed upon by the Federal Coordinator and Provincial Coordinator.

ARTICLE TEN - PUBLIC AWARENESS

10. In relation to the transportation of dangerous goods, Canada and Saskatchewan will, consistent with resource availability, jointly maintain a program to ensure a high level of public awareness of the role, purpose and extent of the regulations and supporting programs, and the responsibilities arising from the legislation and regulations.

ARTICLE ELEVEN - EXCHANGE OF REPORTS

11. Upon request by the Provincial Coordinator, Canada agrees to provide information contained in any reports, plans or registrations relating to TDG activities in the province of Saskatchewan submitted to Canada pursuant to the Federal Regulations.

ARTICLE TWELVE - MANAGEMENT INFORMATION SYSTEMS

12. (a) The Federal Coordinator and the Provincial Coordinator shall cooperate in the formation of the Information Systems by contributing relevant data routinely collected by Canada and Saskatchewan, respectively.

(b) The Federal Coordinator and Provincial Coordinator shall share with each other data relevant to the transportation of dangerous goods.

ARTICLE THIRTEEN - ACCESS TO INFORMATION

13. (a) All provisions of this agreement are subject to the provisions of the Access to Information Act R.S.C. 1985, Chapter A-1 and The Freedom of Information and Protection of Privacy Act, S.S. Chapter F-22.01.

(b) Canada agrees to restrict dissemination of all information provided by Saskatchewan 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 and Regulations:

(i) Inspectors designated by the Federal or Provincial Minister;

(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.

(c) Saskatchewan 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 and Regulations.

(i) Inspectors designated by the Federal or Provincial Ministers;

(ii) employees of the Government of Saskatchewan and Provincial Crown Corporations;

(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.

(d) Notwithstanding (a) and (b) the Federal and Provincial Coordinators may further restrict the dissemination of information in specific cases where such restriction is in the public interest.

ARTICLE FOURTEEN - DANGEROUS GOODS RESEARCH PROGRAM

14. The Federal Coordinator and the Provincial Coordinator will:

(a) Exchange the results of research programs in respect of the handling, offering for transport or transporting dangerous goods.

(b) Avoid duplication of effort by coordinating research programs respecting the handling, offering for transport and transporting dangerous goods.

(c) Participate in joint research programs, where this is desirable, or necessary, by contributing to the costs or providing research personnel.

ARTICLE FIFTEEN - INQUIRIES AND EXAMINATIONS

15. (a) Where either Party considers that an Inquiry or Examination into any matter relating to the handling, offering for transport or transportation 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.

(c) When an Inquiry or Examination is to take place, or is taking place, consideration shall be given to the coordination of effort and the sharing of costs, with the objective of maximizing effectiveness and minimizing costs.

(d) This agreement shall not preclude involvement of other agencies in any Inquiry or Examination as appropriate to their responsibilities.

(e) the Federal Coordinator and the Provincial Coordinator 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 SIXTEEN - UNINTENTIONAL LIMITATION OF POWERS

16. (a) This agreement is not intended to unlawfully fetter the Crown in right of Saskatchewan 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; or

(iii) limiting the Parliament of Canada or the Legislature of Saskatchewan 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 Saskatchewan, the Parliament of Canada or the Legislative Assembly of Saskatchewan, 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 SEVENTEEN - COMMENCEMENT AND TERMINATION

17. (a) This Agreement shall take effect on the date on which it has been signed by all signatories.

(b) This agreement may be terminated by either Party upon two years written notice to the other Party, or any lesser time by agreement of the signatories.

IN WITNESS WHEREOF this agreement has been executed on the day of last signature below, by the Parties hereto as represented by their proper officers, duly authorized in that behalf.

__________________________________
Minister of Transport
Government of Canada
__________
Date
 
__________________________________
Minister of Highways and Transportation
Government of Saskatchewan
__________
Date
 

SCHEDULE "A"

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. On-highway Provincial

Off-highway Federal
3 (a) Receipt of dangerous occurrence immediate notifications;

(b) Receipt of 30 day dangerous occurrence reports.
(i) Provincial (Federal)


(ii) Federal (Provincial)
4 (a) Receipt, registration and approval of Emergency Response Assistance Plans;

(b) Evaluation of Emergency Response Plans after use.
Federal (Provincial)


Federal (Provincial)
5 Receipt of all other registrations, plans and submissions required by the Federal Regulations. Federal (Provincial)
6 (a) Examination of causes of accidents:

(i) highway vehicle

(ii) other means of transport

(b) Examination of means of containment failures.

 

(i) Provincial

(ii) Federal

Federal

7 Issuance of permits under the Federal Act. Federal (Provincial)
8 Issuance of permits under the Provincial Act. Provincial (Federal)
9 Issuance of Protective Directions under the Federal Act. Federal (Provincial)
10 Issuance of Protective Directions under the Provincial Act. Provincial (Federal)