CANADA - NUNAVUT
AGREEMENT RESPECTING ADMINISTRATION OF THE
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
THIS AGREEMENT made as of the 14th day of August, 2003
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 Government of Canada and the Government of Nunavut both have legislation respecting 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 the Transportation of Dangerous Goods Act R.S.N.W.T. 1988, c.81 (Supp) 1990, as duplicated for Nunavut pursuant to the Nunavut Act (Canada);
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 Territorial 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;
(vi) “Federal Regulations” means regulations made pursuant to the Federal Act;
(vii) “highway” has the same meaning as that contained in the Territorial Act;
(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 in accordancewith Nunavut legislation;
(x) “Nunavut” means the Government of Nunavut;
(xi) “Protective Direction” means a direction made under Section 32 of the Federal Act;
(xii) “Territorial Act” means the Transportation of Dangerous Goods Act, 1990 R.S.N.W.T. 1988 c. 81 (Supp.) as duplicated for Nunavut pursuant to the Nunavut Act (Canada) and amended from time to time during the term of this agreement;
(xiii) “Territorial Coordinator” means the Director of Policy, Community Government and Transportation, or his or her designate in writing;
(xiv) “Territorial Regulations” means regulations made under the Territorial Act;
(xv) “Transport Canada” means the Federal Department of Transport;
(xvi) “vehicle” has the same meaning as that contained in the Territorial 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.
(c) Citations for Federal and Territorial legislation referred to in this Agreement are listed in Schedule “A”.
ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN NUNAVUT
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 Nunavut 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 transporting dangerous goods in or on a vehicle on a highway in Nunavut, enforcement shall be undertaken pursuant to the Territorial Act.
(b) Where an offence is alleged to have occurred in respect of handling, offering for transport, transporting, or importing dangerous goods by any other mode of transport in Nunavut, 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 (Nunavut); and,
(ii) the storage and handling, other than for transportation, of flammable liquids or other dangerous goods under the Fire Prevention Act (Nunavut) enforcement shall be the responsibility of Nunavut, pursuant to the Territorial legislation 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) Nunavut agrees to adopt those parts of the Federal Regulations as identified in the Transportation of Dangerous Goods Regulations, 1992 enacted pursuant to the Transportation of Dangerous Goods Act 1990 R.S.N.W.T.. 1988 c.81 (Supp.), as duplicated for Nunavut pursuant to the Nunavut Act (Canada).
(b) The Territorial Minister, for the purpose of national uniformity, will recognize only those permits issued pursuant to the Federal Act and the Territorial Act.
(c) In the making of the Regulations under:
(i) the Territorial Act, and
(ii) the Motor Vehicle Act, (Nunavut) and other Nunavut Legislation, Nunavut agrees to strive towards the goal of national uniformity and concurrence with international reciprocity agreements respecting the handling, offering for transport, transporting, or importing 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 Territorial Acts and Regulations and will provide each other a copy of the proposed changes.
(b) The Federal and Territorial 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 an 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 Nunavut provided for in this Agreement shall be undertaken by the Federal Coordinator and the Territorial 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 Nunavut in accordance with the terms and conditions agreed upon between the Federal and Territorial Coordinators.
(d) The Federal and Territorial 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 employee for designation as an inspector under the Federal Act only if that employee is recommended for designation by the Territorial Coordinator.
(b) The Territorial Minister shall consider a federal employee for designation as an inspector under the Territorial Act only if that employee is recommended for designation by the Federal Coordinator.
ARTICLE NINE - TRAINING OF INSPECTORS
9. a) Canada and Nunavut 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 Territorial 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 Nunavut in accordance with terms and conditions agreed upon by the Federal Coordinator and the Territorial Coordinator.
ARTICLE TEN - OCCURRENCE NOTIFICATION AND REPORTING
10. (a) Where a dangerous occurrence, as defined in the Federal Regulations and which occurs in Nunavut, is first reported or becomes known to Transport Canada, Canada shall notify Nunavut.
(b) Where a dangerous occurrence, as defined in the Federal Regulations and which occurs in Nunavut, is first reported or becomes known to Nunavut, Nunavut shall notify CANUTEC.
ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES
11. (a) Canada and Nunavut 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 the Federal Regulations relevant to Nunavut will be sent to the Territorial Coordinator on a regular basis.
ARTICLE TWELVE - PUBLIC AWARENESS
12. Canada and Nunavut 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 Territorial Coordinator, upon request, the information contained in any reports, approved plans or registrations and other submissions relating to activities in Nunavut submitted to Canada pursuant to the Federal Regulations.
(b) The Territorial Coordinator agrees, in the event that any reports, approved plans or registrations and other submissions required by the Federal Regulations are inadvertently directed to Nunavut, that Nunavut will forward them to the Federal Coordinator.
ARTICLE FOURTEEN - MANAGEMENT INFORMATION SYSTEMS
14. (a) The Federal Coordinator and Territorial Coordinator shall cooperate in the formation of Information Systems by contributing such relevant data as may be routinely collected by Canada and Nunavut, respectively, to the extent jointly agreed to from time to time.
(b) The Federal and the Territorial Coordinator shall share relevant data as may be requested by each other from time to time.
ARTICLE FIFTEEN - ACCESS TO INFORMATION
15. (a) Canada agrees to restrict dissemination of all information provided by Nunavut to the following persons, and then only to the extent that the information is required in the performance of their duties with respect to the 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 in writing by the Territorial Coordinator to receive such information.
(b) Nunavut 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 with respect to the administration and enforcement of the Territorial Act:
(i) Inspectors designated by the Federal or Territorial Ministers;
(ii) employees of the Government of Nunavut
(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.
(c) Notwithstanding (a) and (b) the Federal and Territorial Coordinators may further restrict the dissemination of information in specific cases as agreed to in writing at the time.
ARTICLE SIXTEEN - DANGEROUS GOODS RESEARCH PROGRAMS
16. (a) The Federal and Territorial Coordinators will:
(i) exchange any information produced as a result of research programs that may be undertaken with respect to 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 Nunavut in accordance with the terms and conditions agreed upon between the Federal and Territorial 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.
(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 shall not preclude involvement of other agencies in any Inquiry or Examination as appropriate to their responsibilities.
(e) Where a dangerous occurrence involves the rail, marine or air mode of transport subject to federal jurisdiction, the Inquiry or Examination shall be conducted by the appropriate federal agency.
(f) The Federal and Territorial 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 Territorial 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 Nunavut 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 Nunavut in the exercise of a power that has been lawfully granted;
(iii) limiting the Parliament of Canada or the Legislative Assembly of Nunavut 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 Nunavut, the Parliament of Canada or the Legislative Assembly of Nunavut, 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.
(b) The Schedules only of this Agreement may be amended from time to time on the written agreement of the Federal Coordinator and the Territorial Coordinator.
(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 Community Government and Transportation
Government of Nunavut
REFERENCES FOR FEDERAL AND TERRITORIAL ACTS
1. The Transportation of Dangerous Goods Act, 1992, Chapter 34, S.C. 1992.
1. Transportation of Dangerous Goods Act R. S. N.W.T. 1988, c.81 (Supp.), 1990, as duplicated for Nunavut pursuant to the Nunavut Act (Canada)
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 (Territorial)|
|2.||Inspection to ensure the compliance with the Federal Regulations.||
Off highway Federal
On highway Territorial.
|3.||(a) Inspection to ensure compliance with the Gas Protection Act (Nunavut), and the Fire Prevention Act, (Nunavut).||Territorial|
|(b) Inspection of means of containment to ensure compliance with the federal regulations and standards.||Federal (Territorial)|
|4.||(a) Receipt of dangerous occurrence immediate notifications.||Territorial (Federal)|
|(b) Receipt of 30 day dangerous occurrence reports.||Federal (Territorial)|
|5.||(a) Receipt, registration and approval of Emergency Response Assistance Plans.||Federal (Territorial)|
|(b) Evaluation of Emergency Response Assistance Plans after use.||Federal (Territorial)|
|6.||Receipt of all other registration and submissions required by the Federal Regulations.||Federal (Territorial)|
(a) Examination of causes of accidents:
(i) highway vehicle,
(ii) other modes of transport
|(b) Examination of means of containment failures.||Federal|
|8.||Issuance of permits under the Federal Act.||Federal (Territorial)|
|9.||Issuance of permits under the Territorial Act.||Territorial (Federal)|
|10.||Issuance of Protective Directions.||Federal (Territorial)|
RESPONSE TO DANGEROUS OCCURRENCES
1. In the event of a dangerous occurrence, as defined in the Federal Act, in Nunavut, Canada and Nunavut agree that:
a) the Person-in-Charge shall be a resident of the Nunavut;
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 Territorial Act, as appropriate; and,
e) Nothing in this Agreement precludes Federal Transport Dangerous Goods Inspector from attending the site of an accident to discharge those duties provided for in the Federal Act;
f) Where a dangerous goods occurrence involves products which require Emergency Response Assistance Plans (ERAP) under the Federal Regulations, the Person-in-Charge shall consult, to the extent possible, with Transport Canada regarding the activation of the plan.
g) Where a dangerous occurrence involves the marine or air mode of transport, the Person-in-Charge shall recognize the special expertise, responsibilities and authority of the respective federal agency empowered to regulate that mode of transport.
2. Canada and Nunavut also agree that the Federal and Territorial Coordinators shall endeavour that any potential Person-in-Charge and all Transport Dangerous Goods Inspectors are made aware of all terms of this Schedule.