Find out about changes to ERAP provisions in the TDG Regulations

Note

This information is up to date as of June 1st, 2019, and will not be further updated. For more details, consult the TDG Regulations.

Between 2007 and 2017, we recorded approximately 360 transportation incidents involving the implementation of an Emergency Response Assistance Plan (ERAP). There are currently about 1000 ERAPs approved by the Minister, covering nearly 400 dangerous goods. Since April 2014, the Transportation of Dangerous Goods Emergency Response Task Force (ERTF) had the mandate to make recommendations to improve the Emergency Response Assistance Plan (ERAP) program. In July of 2016, the group submitted its final report, which presented 40 recommendations. 10 of these recommendations were related to improving the ERAP program and 7 of these are addressed in these amendments. These recommendations focused on clarifying the processes for implementing an ERAP and collecting meaningful data to foster the continuous improvement of the ERAP program.

On this page

Effective date and transition period for the industry to comply with the updated Part 7 of the TDG Regulations

These Regulations come into force on June 1, 2019. A person may, for a period of nine months that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day or with the new version. TC has determined that 9 months would provide an appropriate balance between achieving safety objectives and accommodating the implementation of the new regulatory requirements. However, as of March 1st, 2020, a person will have to comply with the new version of the Transportation of Dangerous Goods Regulations.

Objectives of the amendments

The primary objectives of the Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) are to address the recommendations of the Task Force to enhance public safety in the event of an incident during the transportation of dangerous goods. These objectives support the overall strategy to promote a safe, secure and efficient transportation system that contributes to Canada's economic development and security objectives.

Changes to Part 7: Emergency response assistance plan

Persons required to have an ERAP

According to Subsection 7(1) of the TDG Act, ERAP requirements now apply to the person who imports or offers dangerous goods for transport. In the case where no other persons are required to have an approved ERAP, they apply to the person who handles or transports dangerous goods. Find out if you need an ERAP.

Infectious substances

Under these amendments, any quantity of dangerous goods that are Risk Group 4 human pathogens within the meaning of the Human Pathogens and Toxins Act (HPTA) must have an ERAP. As a result, an ERAP will no longer be required for foot and mouth disease virus (FMDV) or any other UN2900, INFECTIOUS SUBSTANCE, AFFECTING ANIMALS only because they are not Risk Group 4 human pathogens within the meaning of the HPTA.

Note

Variola (smallpox virus) is a prohibited pathogen under the HPTA. It is listed in Schedule 5. As a result, it cannot be offered for transport under any circumstances.

Here is a list of substances that reflect the changes for ERAP requirements.

Note that this list is dynamic and any change in the HPTA would automatically be incorporated in the TDG Regulations.

Name of infectious substances

ERAP required before June 1, 2019

HPTA, Risk Group 4 – ERAP required starting on June 1, 2019

Alkhumra virus

No

Yes

Crimean-Congo Hemorrhagic fever virus

Yes

Yes

Ebola virus

Yes

Yes

Foot and mouth virus

Yes, only if cultures

No

Guanarito virus

Yes

Yes

Hendra virus

Yes

Yes

Herpes B virus (Cercopithicene Herpesvirus-1, Macacine alphaherpesvirus-1)

Yes, only if cultures

Yes

Junin virus

Yes

Yes

Kyasanur Forest virus

Yes

Yes

Lassa virus

Yes

Yes

Machupo virus

Yes

Yes

Marburg virus

Yes

Yes

Nipah virus

Yes

Yes

Omsk hemorrhagic fever virus

Yes

Yes

Russian Spring-Summer (Tick-borne) encephalitis virus

Yes

Yes

Sabia virus

Yes

Yes

Variola (smallox virus)

Yes

No

Potential accident assessment versus potential incident analysis

Note

The "potential accident assessment" is renamed "potential incident analysis".

In the following table, you will find the difference from the requirements before and after the modification on how to create your potential incident analysis (PIA).

Before the amendment

After the amendment

7.2 Applying for Approval of an ERAP

(h) A potential accident assessment including

(i) a general analysis of how an accidental release of dangerous goods could occur,
(ii) a general description of the potential consequences of an accidental release of dangerous goods, and
(iii) a description of the action the applicant is expected to take in the event of an accidental release or an imminent accidental release of dangerous goods.

7.3 Application for Approval of an ERAP

(m) a potential incident analysis, including

(i) the following scenarios:

(A) an anticipated release of dangerous goods,
(B) the release of less than 1% of the dangerous goods in a means of containment,
(C) the release of more than 50% of the dangerous goods in a means of containment, and
(D) the exposure to fire of a means of containment that contains dangerous goods,

(ii) the possible consequences of the release or anticipated release for each scenario,
(iii) the measures, organized by tier in accordance with section 7.8, to be taken in response to the release or anticipated release for each scenario, and
(iv) the identification of the persons responsible for taking the measures referred to in subparagraph (iii).

Maintaining your ERAP approval

In the following table, you will find the difference from the requirements before and after the modification. Consult the guide for persons who have an ERAP for more details.

Before the amendment

After the amendment

7.5 Approval or Refusal of a Renewal or Revision of an ERAP

(1) When an application for renewal or revision of an ERAP is approved, the Minister or the designated person must give the applicant, in writing, a reference number for the ERAP.

(2) If an application for renewal or revision of an ERAP is refused, the Minister or the designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.

7.7 Requesting a Review of a Decision to Refuse or Revoke an ERAP Approval

(1) A person may request a review of the decision to refuse or revoke an ERAP approval within 30 days after being notified of the decision.

(2) The request must be made, in writing, to the Minister or a designated person and must include the following information:

(a) the name and address of the place of business of the person requesting the review; and
(b) the reasons why the decision should be reversed.

7.5 Application for Approval of Changes to Approved ERAP

(1) A person with an approved ERAP must, as soon as possible, apply to the Minister in writing for an approval of changes if any of the information referred to in paragraphs 7.3(2)(a) to (l) has changes since its approval.

(2) The application referred to in subsection (1) must be signed by the applicant and include

(a) a copy of the ERAP; and
(b) the information referred to in paragraphs 7.3(2)(a) to (I) that has changed.

7.6 Request for Review of Decision

(1) A person may request a review of the decision to refuse an application for approval of an ERAP or to revoke an ERAP approval within 30 days after being notified of the decision.

(2) The request must be made to the Minister in writing and must include the reasons why the decision should be revised.

Note: Before the amendment, this used to be Section 7.7 of the TDG Regulations, it was slightly modified.

Authorization to use an ERAP

In the following table, you will find a comparison of the requirements for the authorization to use and ERAP before and after the amendment.

Before the amendment

After the amendment

7.1 Requirement for an Emergency Response Assistance Plan (ERAP)

(9) For the purposes of subsections (1) to (7), a person, other than a manufacturer or producer, who offers for transport or imports dangerous goods for which an approved ERAP is required to apply for approval of an ERAP in accordance with section 7.2 if the person shows on a shipping document

(a) the ERAP reference number and the telephone number to call to activate the approved ERAP held by a manufacturer, producer or distributor of the dangerous goods, and

(i) the approved ERAP applies to the dangerous goods, the mode of transport, the means of containment and the area in which the dangerous goods are to be transported,
(ii) the person who holds the approved ERAP gives permission in writing for the approved ERAP to be used and for the reference number of that approved ERAP and the telephone number to call to activate the approved ERAP to be shown on the other person's shipping document, and
(iii) the person who holds the approved ERAP agrees to respond to an emergency on behalf on the other person; or

(b) the ERAP reference number and the telephone number to call to activate the approved ERAP held by any other person, if the dangerous goods originate outside Canada and

(i) the dangerous goods are transported through Canada to a destination outside Canada, and
(ii) the person who offers for transport or imports the dangerous goods complies with the conditions set out in subparagraphs (a)(i) to (iii).

(10) the person who holds an approved ERAP and gives permission to another person to use that ERAP in accordance with subsection (9) must

(a) when that permission is given, notify the Director General in writing of the name of the person who will use the approved ERAP and the ERAP reference number; and
(b) when that permission is rescinded, notify the Director General in writing.

7.7 Authorization to Use an Approved ERAP

(1) A person who is required to have an ERAP under subsection 7 (1) of the Act may use, as an authorized user, the ERAP of another person who received approval for the ERAP if

(a) The authorized user is not the producer of the dangerous goods to which the ERAP relates;
(b) The ERAP applies to the dangerous goods, the mode of transport, the means of containment and the geographical area in which the dangerous goods will be in transport;
(c) The person who received approval for the ERAP agrees to take measures to respond to a respond to a release or anticipated release of the dangerous goods to which the ERAP relates; and
(d) The person who received approval for the ERAP provides as written authorization to the authorized user before the information referred to in subsection 3.6(1) is entered on the shipping document.

(2) The authorized user must be able to produce a copy of the authorization referred to in paragraph (1)(d)

(a) For two years after the day on which the authorization is no longer in effect; and
(b) Within 15 days after the day on which the authorized user receives a written request from the Minister.

Implementation of an approved ERAP

Note

The term “activate” with respect to an ERAP is replaced with “implement” to align with the terminology used in the TDG Act.

Before this amendment, the process to implement an ERAP or who was responsible for implementing the plan was unclear. Section 7.8 now specifies that the person with an approved ERAP is responsible for implementing it. This person is the most knowledgeable about how the plan can be implemented and how it can be used to effectively respond to a release or anticipated release. An ERAP must be implemented when there is a release or anticipated release that endangers or could endanger public safety.

A person with an approved ERAP must implement to Tier 1 or Tier 2 in response to a release or anticipated release of dangerous goods.

Tier 1 (remote response = by phone)

Tier 2 (on-site response)

  • Provide technical or emergency response advice as soon as possible after a request
  • Remotely monitor the response to the release or anticipated release
  • Provide technical or emergency response advice as soon as possible after a request
  • Monitor the response to the release or anticipated release
  • Send ERAP emergency response resources to the location of the release or anticipated release

Changes to Part 8: Reporting requirements

General information on reporting requirements can be found in Part 8 of the TDG Regulations.

ERAP incident report

Section 8.20 of the TDG Regulations requires that an ERAP incident report be made after an incident has occurred, which causes an actual or anticipated release of the dangerous goods and which endangers, or could endanger, public safety.

The information to be included in the incident report can be found in Section 8.21 of the TDG Regulations.

ERAP implementation report

Each time a person implement an approved ERAP to tier 1 or tier 2, the person must, as soon as possible, make an ERAP implementation report to CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666.

The information to be included in an ERAP implementation report can be found in Section 8.23 of the TDG Regulations.

Other amendments

Special provisions

Special provision 84 of Schedule 2 to the regulations and the italicized text after it are replaced by the following:

Before the amendment

After the amendment

84

The infectious substances identified in subsection 7.1(7) of Part 7, Emergency Response Assistance Plan, require an emergency response assistance plan.

UN2814: Infectious substance, affecting humans

UN2900: Infectious substance, affecting animals only

84

An approved ERAP is required for the dangerous goods referred to in paragraph 7.2(1)(g) of Part 7 (Emergency Response Assistance Plan).

UN2814: Infectious substance, affecting humans

Section 8.2: Packing group or category

The reference "III" in the column entitled "Packing Group or Category" of the table to Section 8.2 of the regulations opposite the reference "3, 4, 5, 6.1 or 8" in the column entitled "Class" is replaced by "III, or without packing group".

Terminology

Terminology and definitions related to the ERAP in the TDG regulations were updated to align with the terminology used in the TDG Act.

Residue

Residue is now defined in Section 1.4 as “the dangerous goods remaining in a means of containment after its contents have been emptied to the maximum extent feasible and before the means of containment is either refilled or cleaned of dangerous goods and purged to remove any vapours”.

Removal of the term "ERP" on a shipping document

The “ERP” acronym is outdated and is often confused with other emergency response plans which are not subject to the same requirements of an ERAP. Removing “ERP” from the shipping document will help emergency responders distinguish between an ERAP and emergency response plans from other organizations, such as carriers and local or provincial authorities. As per Paragraph 3.6(1)(a), the term “ERP” can no longer precede or follow the ERAP reference number on a shipping document. The terms “ERAP” or “PIU” are to be used instead.

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