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6. Part 7 - Emergency Response Assistance Plan

Part 7 - Emergency Response Assistance Plan

• Does the person who answers the telephone need to be able to provide technical information about the product being transported?

• For the purpose of Part 7 of the TDG Regulations, can a foreign (only) based company be the importer of dangerous goods into Canada and apply for an Emergency Response Assistance Plan (ERAP)?

• What is the status of a freight container of dangerous goods upon arrival at a port in Canada? Who is responsible for it and for any Emergency Response Assistance Plan (ERAP) if the dangerous goods it contains require one?

Question

Does the person who answers the telephone need to be able to provide technical information about the product being transported?

Answer

The person who answers the telephone must be able to provide technical information to the caller, or be able to find someone who can provide the required information quickly. Placing the caller on hold in order to contact a third person who would have the proper technical information, is acceptable. However hanging up the phone to call someone else or asking the caller to call a different number would NOT be acceptable.

Question

For the purpose of Part 7 of the TDG Regulations, can a foreign (only) based company be the importer of dangerous goods into Canada and apply for an Emergency Response Assistance Plan (ERAP)?

Answer

The TDG Act places responsibility on a person subject to Canadian law to ensure that at the time of import into Canada, the dangerous goods satisfy Canadian laws. Therefore, a foreign (only) based company cannot be an importer of dangerous goods and apply for an ERAP. As such, the application for an ERAP is the duty of a Canadian « importer », in accordance with section 7.1

Question

What is the status of a freight container of dangerous goods upon arrival at a port in Canada? Who is responsible for it and for any Emergency Response Assistance Plan (ERAP) if the dangerous goods it contains require one?

Answer

Upon arrival in Canada, a freight container of dangerous goods is the responsibility of the « importer ». The importer is the person who imported the container into Canada. If the container is destined for a person in Canada, that person is the « importer » and he is responsible for proper packaging, proper documentation, ERAP and so on. If the container is destined for a person outside Canada, then the carrier is responsible for these matters. (See the definition of « import » in the TDG Act and Regulations.) The container terminal is a « carrier » since the dangerous goods are « in transport » and it has possession of them even if only for storage in the course of transportation. (See the definition of « carrier » and « in transport » in the TDG Act and Regulations.) Therefore a freight container of dangerous goods upon arrival at a port is the responsibility of the person in Canada to whom it is being sent and if there is no such person in Canada, the responsibility of the container terminal.

Date modified:

2012-02-15

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