CANADA - YUKON TERRITORY
Agreement Respecting Administration of the
Transportation of Dangerous Goods Act, 1992
THIS AGREEMENT is made
WHEREAS the Federal Minister and Yukon 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 Executive Council of the Yukon Territory both have enacted legislation in respect of the transportation of dangerous goods;
AND WHEREAS the Federal Minister and the Yukon Minister 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, 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 Yukon Minister is authorized, with the approval of the Commissioner in Executive Council to enter into the within agreement pursuant to sec. 24 (1) of Dangerous Goods Transportation Act, 1986;
NOW THEREFORE the Federal Minister and the Yukon 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;
(iv) "Federal Act" means the Transportation of Dangerous Goods Act, 1992 as amended from time to time during the term of this agreement;
(v) "Federal Coordinator" means the Director General, Transport Dangerous Goods Directorate, Transport Canada, or his or her designate in writing;
(vii) "Highway" has the same meaning as that contained in the Highways Act, Statute of Yukon 1991, Chapter 7;
(viii) "Information System" means the management information system on the transportation of dangerous goods;
(ix) "Inquiry" means a public inquiry into a dangerous occurrence pursuant to the Federal Act or Yukon legislation;
(x) "Protective Direction" means a direction made under Section 32 of the Federal Act or Section 25 of the Provincial Act;
(xi) "Province" means a province in Canada, and includes the Yukon Territory and the Northwest Territories;
(xii) "Provincial Act" means the Dangerous Goods Transportation Act, Statute of Yukon 1986, Chapter 39 as amended from time to time during the term of this Agreement;
(xiii) "Provincial Coordinator" means the Director, Transportation Services, Community and Transportation Services for the Yukon, or his or her designate in writing;
(xiii) "Provincial Regulations" means regulations made under the Provincial Act;
(xiv) "Transport Canada" means the federal Department of Transport;
(xv) "Vehicle" has the same meaning as that contained in the Provincial Act.
(xvi) "Yukon" means the Government of the Yukon;
(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 Regulation, shall Regulations, shall have the meanings defined therein.
ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN THE YUKON
2. (a) The parties agree to cooperate to achieve the program objectives, thecommitments, roles and responsibilities respecting the transport of dangerous goods as outlined in this Agreement.
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 Yukon, enforcement shall be undertaken pursuant to the Provincial Act.
(c) 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 will cause an investigation of the alleged violations to be conducted, and will furnish information on and the results of such investigation, to the extent that such information can be released to the first named Party.
ARTICLE FOUR - NATIONAL UNIFORMITY
4. (a) Yukon has adopted the Federal Regulation.
(b) The Federal Minister and the Yukon Minister, for the purpose of national uniformity, will recognize only those permits issued pursuant to the Federal Act and the Provincial Act as having effect in Yukon.
ARTICLE FIVE - CONSULTATION
5. (a) Canada and Yukon will consult with each other on any proposed changes to the Federal or Provincial Regulations and will provide each other a copy of the proposed changes.
(b) The Federal and Provincial Coordinator shall consult with each other prior to recommending to the Federal Minister or Yukon Minister, 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 "A" 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 Federal Coordinator and the Provincial Coordinator or their respective designates shall undertake the day to day coordination of the activities of Canada and Yukon pursuant to this Agreement and to the national transportation of dangerous goods program.
(b) The Federal Coordinator and the Provincial Coordinator respective delegates, shall meet periodically for the purpose of reviewing policies for the administration and implementation of the national dangerous goods transportation program.
(c) The Federal Coordinator and the 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 responsibilitiesin the program are coordinated and consistent with the national transportation of dangerous goods program.
(d) Any costs associated with the program specified in paragraph (a) and (b) may be apportioned to either Canada or Yukon in accordance with the terms and conditions agreed upon by the Federal and Provincial Coordinator.
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 the Yukon shall provide and maintain individual training programs for persons to be designated as inspectors.
(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 Yukon 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 Regulation and which occurs in Yukon, is first reported or becomes known to Transport Canada, Canada shall notify Yukon.
(d) The Provincial Coordinator shall provide the Federal Coordinator with relevant information of which he or she becomes aware concerning any plans referred to in paragraph (c) on a semi-annual basis.
ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES
11. (a) Canada and Yukon will combine and coordinate their efforts in response to a dangerous occurrence in accordance with Schedule "B".
ARTICLE TWELVE - PUBLIC AWARENESS
12. In relation to the transportation of dangerous goods, Canada and Yukon will, consistent with resource availability, jointly maintain a program to ensure public awareness respecting the presence, role and importance of dangerous goods to society; the role, purpose and extent of the regulations and supporting programs; and the responsibilities arising from the legisla tion 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 Yukon submitted to Canada pursuant to the Federal Regulation.
(b) Yukon agrees, in the event that any reports, plans or registrations required by the Federal Regulation that are inadvertently directed to Yukon, that Yukon will forward them to the Federal Coordinator.
ARTICLE FOURTEEN - MANAGEMENT INFORMATION SYSTEMS
14. (a) The Federal Coordinator and the Provincial Coordinator shall cooperate in the formation of Information Systems by contributing relevant data routinely collected by Canada and Yukon, respectively.
ARTICLE FIFTEEN - ACCESS TO INFORMATION
15. (a) All provisions of this Agreement are subject to the provisions of the Access to Information Act and the Protection of Privacy Act, Statute of Yukon 1995, Chapter 1.
(b) Canada agrees to restrict dissemination of all information provided by Yukon 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 Yukon Ministers;
(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.
(c) Yukon 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 Yukon Ministers;
(ii) employees of the Government of the Yukon;
(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.
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) avoid duplication of effort by coordinating research programs respecting the handling, offering for transport and transporting dangerous goods; respecting the handling, offering for transport and transporting dangerous goods;
(iii) participate in joint research programs, where this is desirable, ornecessary, by sharing costs or research personnel.
(b) Any costs or monetary benefits resulting from research programs may be apportioned to either Canada or Yukon in accordance with the terms and conditions agreed upon by the Federal and Provincial Coordinators.
ARTICLE SEVENTEEN - INQUIRIES AND EXAMINATIONS
17. (a) Where either Party considers that an Inquiry 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.
(e) The Federal and Provincial Coordinators will provide to each other on request the results of an Inquiry or an 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 - UNINTENTIONAL LIMITATION OF POWERS
18. (a) This Agreement is not intended to unlawfully fetter the Crown in right of Yukon 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 Commissioner of the Yukon in the exercise of a power that has been lawfully granted;
(iii) limiting the Parliament of Canada or the Executive Council of Yukon 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 Yukon, the Parliament of Canada or the Executive Council of Yukon, 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 - COMMENCEMENT AND TERMINATION
19. (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 as of 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
Minister of Community & Transportation Services
Government of Yukon
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 the compliance with the Federal Regulations.||
a) Off-highway. Federal.
b) On-highway. Provincial
|3.||(a) Receipt of dangerous occurrence immediate notification.||Provincial|
|(b) Receipt of 30 day dangerous occurrence reports.||Federal|
|4.||(a) Receipt of Emergency Response Assistance Plans:||Federal (Provincial)|
|(b) Evaluation of Emergency Response Assistance Plans.||Federal (Provincial)|
|5.||Receipt of all registrations and submissions required by the Federal Regulations.||Federal (Provincial)|
Examination of causes of accidents
(i) highway vehicle, or
(ii) other means of transport and of means of containment.
|7.||Issuance of Permits under the Federal Act.||Federal (Provincial )|
|8.||Issuance of permits under the Provincial Act.||Territory (Federal)|
|9.||Issuance of Protective Directions under the Federal Act.||Federal (Provincial)|
|10.||Issuance of Protective Directives under the Provincial Act.||Provincial (Federal)|
RESPONSE TO DANGEROUS OCCURRENCES
1. For the purpose of this Schedule:
"On site coordinator" means a person 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. Where a dangerous occurrence takes place in Yukon:
(a) the On site coordinator shall have overall charge and control of such dangerous occurrence and related response measures, unless agreed otherwise between Canada and Yukon;
(b) the On site coordinator may request CANUTEC to arrange for assistance of industry advisors at the site or to request the presence of an appropriate TDG Inspector, and CANUTEC shall make best efforts to do so;
(c) where an inspector designated under the Federal Act is present at a dangerous occurrence, he or she may, after consultation with the on On site coordinator, utilize his or her powers under the Federal Act; and shall use these powers if requested by the On site coordinator;
(d) any assistance provided under paragraph (b) or (c) of this article will be rendered under the direction of the On site coordinator.
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