Wednesday, May 12, 2004
Introductory Remarks and Presentation of the TDG Act and the Review Process
Mr. Raymond Auclair, Director of Research Evaluation and Systems, Transport Dangerous Goods, opened the meeting with a presentation on the TDG Act and the purpose and procedures of the review.
Here is a copy of the slide presentation on the Review and the Act used by Mr. Auclair.
Following the presentations, there was time for questions and answers. We received questions and comments about the TDG Act, the TDG Regulations, the program and the review process itself. We have tried to capture the topics in this list. Some portions of the “answers” were added after the fact for the purpose of encouraging future discussions.
Are the security issues identified to date (Section A) coming from the industry, or the point of view of Transport Canada?
They come from many sources: Working groups on security and counter-terrorism, pressures from the outside world (e.g., USA legislation), Transport Canada's desire to have a simple, seamless system for all modes and industry's efforts already being put in place.
What changes or new regulation will be put in place following the approval of issues (section A) for the Act?
The descriptions given in category A of the detailed list of issues does represent the spectrum of what is being considered. Discussions and consultation will help shape what is put in place. We must be aware that some security requirements may be put in place under legislation other than the TDG Act.
Are the efforts linked to security intended to make the public feel safe rather than counteracting terrorism?
For the sake of the Review of the TDG Act, we only deal with the question of whether the TDG Act should cover security issues. Later, when the time comes to determine detailed requirements, we want efforts to do both: counteract terrorism in a manner that makes people feel safe. To make people feel safe without real protection is a waste of resources; to impose requirements that people do not believe in is also a waste as most will not comply. Therefore, the efficient program does both.
A4. Security awareness training. Is this training for all employees or only for those that currently require transportation of dangerous goods training?
The discussion includes the possibility that the security awareness training may be required of more employees that only those who presently need TDG training. There are good arguments to extend it to individuals who do not handle, offer or transport dangerous goods but who may have an impact on who has access to dangerous goods (e.g., security guard at the gate). And there are good arguments for limiting it to people who already require TDG training certificates. Let's discuss.
A5. TDG Security Clearance Certificate. If a person gives a truck to a third party, how does he/she ensure that their training in safety is adequate and fulfills the requirements?
One way being proposed is to require the individual to show you his or her certificate. Certainly, the objective is to prevent dangerous goods from being inadvertently given to the wrong type of person.
A5. TDG Security Clearance Certificate. A participant indicated that there is no training certification prescribed or controlled by an organization. Therefore, in the same line of thought, anyone could represent himself or herself as qualified without having the adequate training to fulfill the requirements. The training certificate will have to be provided and controlled by a government agency.
The TDG Security Clearance Certificate will likely be a clearance system already in place (e.g., FAST, see http://www.cbsa-asfc.gc.ca/prog/fast-expres/menu-eng.html). So far, we have identified 3 that could be used (one by Transport Canada, one by Customs, one by Immigration). In all cases, we are only considering systems provided and controlled by government agencies.
At the end of the consultation period (November), will a summary of the consultation process be available to the public for comments, prior to presenting the document to the minister?
Yes. The “detailed list of issues” will evolve until it represents the list of issues and proposed solutions that are considered. However, once a Memorandum to Cabinet is prepared, the MC and the information it contains are automatically deemed SECRET by law. So there may be a period of time when the detailed list will be hidden.
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