Newfoundland and Labrador

CANADA - NEWFOUNDLAND AND LABRADOR

Agreement Respecting Administration of the
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

THIS AGREEMENT is made

WHEREAS Canada and Newfoundland 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 House of Assembly of Newfoundland both have enacted legislation in respect of the transportation of dangerous goods;

AND WHEREAS Canada and Newfoundland 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, 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 sec. 23 of The Dangerous Goods Transportation Act; (Newfoundland).

NOW THEREFORE Canada and Newfoundland 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 requirements;

(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" has the same meaning as in the Provincial Act;

(vii) "Information System" means a management information system 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) "Ministerial Stop Order" means a direction made under Section 18 of the Provincial Act;

(x) "Province" means the Province of Newfoundland;

(xi) "Protective Direction" means a direction made under Section 32 of the Federal Act;

(xii) "Provincial Act" means the Dangerous Goods Transportation Act, R.S. Newfoundland 1990 Chapter D.1 as amended from time to time during the term of this agreement;

(xiii) "Provincial Coordinator" means the Registrar of Motor Vehicles, Ministry of Government Services and Landsfor Newfoundland, or his or her designate in writing;

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

(xv) "vehicle" has the same meaning as in the Provincial Act.

(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 Regulations, shall have the meanings defined therein.

ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN NEWFOUNDLAND

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. Generally, this agreement provides that Newfoundland 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 in or on a vehicle on a highway in Newfoundland, enforcement shall be undertaken pursuant to the Provincial Act.

(b) Where an offence is alleged to have occurred off-highway in respect of any handling, offering for transport or transporting of dangerous goods, enforcement shall be pursuant to the Federal Act.

(c) 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) Newfoundland agrees to adopt the English text of the Federal Regulations.

(b) Newfoundland, for the purpose of national uniformity, will recognize only those permits issued pursuant to the  Federal Act or the Provincial Act.

(c) Canada agrees to consult with Newfoundland prior to issuing permits which will impact on Newfoundland.

(d) In the making or amending of Regulations under the Provincial Act, Newfoundland 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) Canada and Newfoundland will consult with each other on any proposed changes to the Federal Regulations and Provincial Acts and Regulations and will provide each other a copy of theproposed changes.

(b) The Federal Act 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 "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 day-to-day coordination of the activities of Canada and Newfoundland 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 Newfoundland in accordance with the terms and conditions agreed upon between the Federal Act and Provincial Coordinators.

(d) The Federal Act 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.

(b) The Provincial Minister shall consider a federal employee for designation as an inspector under the Provincial Act only if that employee is recommended for designation by the Federal Coordinator.

ARTICLE NINE - TRAINING OF INSPECTORS

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

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

(c) Any costs associated with the delivery of the training specified in paragraph (a) or (b), may be apportioned to Canada or Newfoundland in accordance with terms and conditions agreed upon by the Federal Coordinator and the Provincial Coordinator.

ARTICLE TEN - PUBLIC AWARENESS

10. Consistent with resource availability, Canada and Newfoundland will 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 relative to the transportation of dangerous goods.

ARTICLE ELEVEN - EXCHANGE OF REPORTS

11. (a) Canada agrees to forward to the Provincial Coordinator upon request the information contained in any reports, plans or registrations relating to the activities in the province of Newfoundland submitted to Canada pursuant to the Federal Regulations.

(b) Newfoundland agrees, in the event that any reports, plans or registrations required by the Federal Regulations are inadvertently directed to Newfoundland, that Newfoundland will forward them to the Federal Coordinator.

ARTICLE TWELVE - INFORMATION SYSTEMS

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

(b) The Federal Act and the Provincial Coordinator shall share relevant data as may be requested by each other from time to time.

ARTICLE THIRTEEN - ACCESS TO INFORMATION

13. 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 Act R.S.N. 1990, Chapter F-25, except to the extent that the application of the Freedom of Information Act may be modified by the operation of Sections 23 and 24 of the Provincial Act.

(a) Canada agrees to restrict dissemination of all information provided by Newfoundland 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) Newfoundland 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 Newfoundland;

(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.

(c) Notwithstanding (a) and (b) the Federal Act and Provincial Coordinators may further restrict the dissemination of information in specific cases as agreed to in writing at the time.

ARTICLE FOURTEEN - DANGEROUS GOODS RESEARCH PROGRAMS

14. (a) The Federal Act and Provincial Coordinators will:

(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) upon mutual agreement of the Federal Act and Provincial Coordinators, 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 Newfoundland in accordance with the terms and conditions agreed upon between the Federal Act and Provincial Coordinators.

ARTICLE FIFTEEN - INQUIRIES AND EXAMINATIONS

15. (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.

(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 of that fact.

(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.

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

(e) The Federal Act 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 SIXTEEN - UNINTENDED LIMITATION OF POWERS

16. (a) This Agreement is not intended to unlawfully fetter the Crown in the right of Canada or Newfoundland 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 House of Assembly of Newfoundland 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 Newfoundland, the Parliament of Canada or the House of Assembly of Newfoundland, 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 by the Parties hereto as represented by their proper officers, duly authorized in that behalf.

SCHEDULE "A"

IDENTIFICATION OF ROLES