CANADA - THE NORTHWEST TERRITORIES
AGREEMENT RESPECTING ADMINISTRATION OF THE
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
THIS AGREEMENT made as of the day of , 1996
WHEREAS the Federal Minister and Territorial 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 Legislative Assembly of the Northwest Territories both have enacted legislation in respect of the transportation of dangerous goods;
AND WHEREAS the Federal Minister and Territorial 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 Territorial Minister is authorized to enter into the within agreement pursuant to sec. 39.2 of Transportation of Dangerous Goods Act 1990 (Northwest Territories);
NOW THEREFORE the Federal Minister and the Territorial 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;
(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 TDG Act (Northwest Territories);
(viii) "Information System" means the management information system on the transportation of dangerous goods;
(x) "Northwest Territories" means the Government of the Northwest Territories;
(xii) "Provincial Act" means the Transportation of Dangerous Goods Act, Chapter 81, Revised Statutes of the Northwest Territories, 1990 as amended from time to time during the term of this agreement;
(xiii) "Provincial Coordinator" means the Director of Motor Vehicles for the Northwest Territories Department of Transportation, or his or her designate in writing;
(xv) "Transport Canada" means the federal Department of Transport;
(xvi) "vehicle" has the same meaning as that contained in the TDG Act. (Northwest Territories)
(c) Citations for federal and provincial legislation referred to in this Agreement are listed in Schedule "A".
ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN THE NORTHWEST TERRITORIES
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. This agreement provides that the Northwest Territories will administer all on-highway inspection and enforcement activities. 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 the Northwest Territories, enforcement shall be undertaken pursuant to the Provincial Act.
(b) Where an offence is alleged to have occurred in respect of handling, offering for transport or transporting dangerous goods by any other mode of transport in the Northwest Territories, enforcement shall be undertaken pursuant to the Federal Act.
(c) It is agreed that for the purposes of:
(i) the storage and handling of gasoline, associated products and hydrocarbons in relation to stationary storage and transfer facilities, as defined in the Gas Protection Act (Northwest Territories);
(ii) the storage and handling, other than for transportation, of flammable liquids or other dangerous goods under the Fire Prevention Act (Northwest Territories)
enforcement shall be the responsibility of the Northwest Territories, pursuant to the provincial Acts cited herein.
(d) 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, 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 named Party.
ARTICLE FOUR - NATIONAL UNIFORMITY
4. (a) The Northwest Territories agrees to adopt the text of Parts I to IX of the Federal Regulations;
(c) In the making of the Regulations under:
(i) the Provincial Act, and
(ii) the Motor Vehicle Act, (Northwest Territories)
and other Northwest Territories Legislation, the Northwest Territories 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 and agrees that in the event of any conflict the Federal Act and Regulations will apply.
ARTICLE FIVE - CONSULTATION
5. (a) The Federal Minister and Territorial Minister or their respective delegates, will consult with each other on any proposed changes to the Federal and Provincial Acts and Regulations and will provide each other a copy of the proposed changes.
(b) The Federal and Provincial Coordinators shall consult with each other prior to recommending to the Federal or Territorial 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 "B" 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 the Northwest Territories provided for in this Agreement shall be undertaken by the Federal Coordinator and the Provincial Coordinator, or their delegates, respectively.
(b) The Federal Minister and the Territorial Minister, 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 program specified in paragraph (a) may be apportioned to either Canada or the Northwest Territories in accordance with the terms and conditions agreed upon between the Federal and Provincial Coordinators.
(d) The Federal and Provincial Coordinators shall use their best efforts to ensure that the responsibilities and interests of other Federal and Territorial 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 territorial 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 Territorial 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 the Northwest Territories shall provide and maintain individual training programs for persons to be designated as inspectors as outlined in Article Eight.
(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 the Northwest Territories 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 Regulations and which occurs in the Northwest Territories, is first reported or becomes known to Transport Canada, Canada shall notify the Northwest Territories.
(b) Where a dangerous occurrence, as defined in the Federal Regulations and which occurs in the Northwest Territories, is first reported or becomes known to the Northwest Territories, the Northwest Territories shall notify CANUTEC.
ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES
11. (a) Canada and the Northwest Territories will combine and coordinate their efforts in response to a dangerous occurrence in accordance with Schedule "C".
(b) Canada agrees that copies of any "30-day reports" referred to in Part IX of the Federal Regulations relevant to the Northwest Territories will be sent to the Provincial Coordinator on a regular basis.
ARTICLE TWELVE - PUBLIC AWARENESS
12. Canada and the Northwest Territories will, consistent with resource availability, 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.
ARTICLE THIRTEEN - EXCHANGE OF REGULATORY SUBMISSIONS
13. (a) The Federal Coordinator agrees to forward to the Provincial Coordinator, upon request, the information contained in any reports, approved plans or registrations and other submissions relating to activities in the Northwest Territories submitted to Canada pursuant to the Federal Regulations.
(b) The Provincial Coordinator agrees, in the event that any reports, approved plans or registrations and other submissions required by the Federal Regulations are inadvertently directed to the Northwest Territories, that the Northwest Territories will forward them to the Federal Coordinator.
ARTICLE FOURTEEN - MANAGEMENT INFORMATION SYSTEMS
14. (a) The Federal Coordinator and Provincial Coordinator shall cooperate in the formation of the Information Systems by contributing such relevant data as may be routinely collected by Canada and the Northwest Territories, respectively, to the extent jointly agreed to from time to time.
ARTICLE FIFTEEN - ACCESS TO INFORMATION
15. (a) Canada agrees to restrict dissemination of all information provided by the Northwest Territories 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 Territorial 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 i writing by the Provincial Coordinator to receive such information.
(b) The Northwest Territories 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 Territorial Ministers;
(ii) employees of the Government of the Northwest Territories;
(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) coordinate research programs to avoid duplication of effort; and,
(iii) 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 the Northwest Territories in accordance with the terms and conditions agreed upon between the Federal and Provincial Coordinators.
ARTICLE SEVENTEEN - INQUIRIES AND EXAMINATIONS
17. (a) Where either Party considers that an Inquiry or Examination into any matter relating to the transportation of dangerous goods program 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.
(f) 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 the Northwest Territories 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 Northwest Territories in the exercise of a power that has been lawfully granted;
(iii) limiting the Parliament of Canada or the Legislative Assembly of the Northwest Territories 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 Northwest Territories, the Parliament of Canada or the Legislative Assembly of Northwest Territories, 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 - AMENDMENT PROCESS
19. (a) Subject to paragraph (b) this Agreement can only be amended by the Parties hereto, in writing.
(c) Amendments so made shall form part of this Agreement.
ARTICLE TWENTY - COMMENCEMENT AND TERMINATION
20. (a) This Agreement shall take effect on the date on which it has been signed by all signatories.
(b) This Agreement shall not be terminated by either Party unless two years' written notice is given to the other party of the intention to do so, or unless a lesser time is agreed to.
IN WITNESS WHEREOF this Agreement has been executed as of the day first above written, by the Parties hereto as represented by their proper officers, duly authorized in that behalf.
Minister of Transport
Government of Canada
Minister of Transportation
Government of the Northwest Territories
REFERENCES FOR FEDERAL AND PROVINCIAL ACTS
1. The Transportation of Dangerous Goods Act 1992, Chapter 34, S.C. 1992.
1. Transportation of Dangerous Goods Act (1990), R.S. N.W.T. 1988, Chapter 81.
2. Gas Protection Act, R.S. N.W.T. 1988, Chapter G 2.
3. Fire Prevention Act, R.S. N.W.T. 1988, Chapter F 6.
IDENTIFICATION OF ROLES
|ITEM||AREA OF ACTIVITY||
LEVEL OF GOVERNMENT HAVING PRIMARY FUNCTIONAL ROLE
( ) INDICATES CONSULTATIVE ROLE
|1.||Establishment of safety standards, safety mark and safety requirements.||Federal (Provincial)|
|2.||Inspection to ensure the compliance with the Federal Regulations.||
Off highway Federal
On highway Provincial
|3.||(a) Inspection to ensure compliance with the Gas Protection Act (Northwest Territories), and the Fire Prevention Act, (Northwest Territories).||Provincial|
|(b) Inspection of means of containment to ensure compliance with the federal regulations and standards.||
|4.||(a) Receipt of dangerous occurrence immediate notifications||Provincial (Federal)|
|(b) Receipt of 30 day dangerous occurrence reports.||Federal (Provincial)|
|5.||(a) Receipt, registration and approval of Emergency Reponse Assistance Plans||Federal (Provincial)|
|(b) Evaluation of Emergency Response Assistance Plans after use.||Federal (Provincial)|
|6.||Receipt of all other registration and submissions required by Parts I through IX of the Federal Regulations.||Federal (Provincial)|
(a) Examination of causes of accidents:
(ii) other modes of transport
|(b) Examination of means of containment failures.||Federal|
|8.||Issuance of permits under the Federal Act.||Federal (Provincial)|
|9.||Issuance of permits under the Provincial Act.||Provincial (Federal)|
|10.||Issuance of Protective Directions.||Federal (Provincial)|
RESPONSE TO DANGEROUS OCCURRENCES
1. In the event of an accidental release, as defined in the Federal Act, in the Northwest Territories, Canada and the Northwest Territories agree that:
a) the Person in Charge shall be a resident of the NorthwestTerritories;
b) the Person in Charge shall coordinate on-site response activities, unless expressly provided for or agreed otherwise;
c) the Person in Charge may request CANUTEC to arrange for assistance of industry advisors or the attendance of an appropriate Transport Dangerous Goods inspector;
d) where a Transport Dangerous Goods inspector is present at a dangerous occurrence, he or she shall identify himself or herself to the Person in Charge and provide all reasonable assistance requested by the Person in Charge including the reasonable exercise of the inspector's powers under the Federal Act or the Provincial Act, as appropriate; and
2. Canada and the Northwest Territories also agree that the Federal and Provincial Coordinators shall endeavour that any potential Person in Charge and all Transport Dangerous Goods Inspectors are made aware of all terms of this Schedule.