Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 10)

REGULATIONS AMENDING THE TRANSPORTATION

OF DANGEROUS GOODS REGULATIONS (AMENDMENT 10)

AMENDMENTS

1. The Table of Contents of Part 7 of the Transportation of Dangerous Goods Regulations (see footnote 1) is amended by adding the following after the entry for section 7.9:

Compensation for Authorized Implementation of an Approved Emergency Response Assistance Plan (ERAP)7.10

Compensation Limits.....................................................7.11

Claims for Compensation...............................................7.12

Emergency Response Assistance Plan for Emergency Response Contractors7.13

2. Part 7 of the Regulations is amended by adding the following after section 7.9:

7.10 Compensation for Authorized Implementation of an Approved Emergency Response Assistance Plan (ERAP)

 In accordance with section 7.2 of the Act, section 7.10 sets out compensation for a person with an approved emergency response assistance plan (ERAP) and who is authorized by the Minister to implement it to respond to a security (terrorist) incident.

 If a person with an approved ERAP is contacted by the Minister and agrees, the Minister could authorize the person to respond to a security (terrorist) incident on behalf of the Government of Canada. The Minister would select an ERAP based on the appropriateness of the plan and the ability of the person to respond in a timely manner. Should the person agree to respond, the Government would pay the expenses, specified in section 7.10, that are associated with the response action, including those related to death, disability or injury. The person would have personal liability protection under section 20 of the Act.

 An ERAP response to a security (terrorist) incident involving a release of dangerous goods would occur once it has been determined that all terrorist-related hazards other than the dangerous goods have been eliminated.

 Under the Act, industry is responsible for responding to safety or security incidents involving dangerous goods that are offered for transport, imported, handled or transported by a known person who has an approved ERAP for those dangerous goods. This existing response program and associated activities do not change because of these Regulations, which are intended to provide emergency response in the event that there is a security (terrorist) incident involving a release of dangerous goods by unknown persons.

(1) If a person agrees to implement an approved ERAP in accordance with paragraph 7.1(b) of the Act, the following expenses are authorized for the purposes of compensation under section 7.2 of the Act:

1.     (a) expenses related to the death, disability or injury of the person or to the death, disability or injury of any of the person’s employees or contractors if

1.     (i) the person, the employee or the contractor is killed, disabled or injured during the implementation of the approved ERAP, and

2.     (ii) the death, disability or injury is the result of an act or omission that was committed by the person in good faith and without negligence;

2.     (b) the cost of the person’s employees or contractors who are reasonably required to implement the approved ERAP;

3.     (c) the cost of using the person’s tools and other equipment, such as vehicles, pumps, hoses and generators, that are reasonably required to implement the approved ERAP;

4.     (d) travel expenses, such as those incurred for meals, accommodation, fuel, oil and flights, for persons who are reasonably required to implement the approved ERAP;

5.     (e) rental fees for heavy equipment, such as cranes, bulldozers, pumps, compressors and generators, that is reasonably required to implement the approved ERAP;

6.     (f) other overhead costs that can be reasonably attributed to the implementation of the approved ERAP;

7.     (g) the cost of repairing tools and other equipment that are damaged during the implementation of the approved ERAP;

8.     (h) the cost of replacing

1.     (i) single-use equipment and supplies, such as packaging, personal protective equipment, personal protective clothing, chemicals and other consumables, that are reasonably required to implement the approved ERAP,

2.     (ii) tools and other equipment that are lost during the implementation of the approved ERAP, and

3.     (iii) tools and other equipment that are damaged beyond repair during the implementation of the approved ERAP;

9.     (i) the cost of repairing or replacing personal property or movables or real property or immovables that have to be damaged to implement the approved ERAP;

10.   (j) the cost of defending any legal action for which there is no personal liability under paragraph 20(c) of the Act; and

11.   (k) the cost of cleaning up after an incident, including handling and disposal costs for dangerous goods and contaminated materials.

(2) The following expenses are not authorized for the purposes of compensation under section 7.2 of the Act:

1.     (a) the cost of purchasing new equipment to implement the approved ERAP; and

2.     (b) the cost of lost business or production during the implementation of the approved ERAP.

7.11 Compensation Limits

(1) Compensation under paragraph 7.10(1)(a) is limited to the compensation that would be paid in relation to the dead, disabled or injured person if the person were insured under

1.     (a) the Public Service Management Insurance Plan;

2.     (b) the Public Service Health Care Plan, with hospital coverage at level III; and

3.     (c) the Public Service Dental Care Plan.

(2) Compensation under paragraph 7.10(1)(h) in relation to the replacement of the items listed in subparagraphs (i), (ii) and (iii) is limited to the cost of an item of equivalent capability and quality.

(3) Compensation under paragraph 7.10(1)(i) in relation to damaged property is limited to the fair market value of the property immediately before it is damaged by the person who implements the approved ERAP.

7.12 Claims for Compensation

 Claims for compensation must be submitted with supporting documentation to the Director General no later than three months after completion of the emergency response work.

 This section is intended to accommodate more than one claim because the emergency response work may include mitigation of the danger at multiple sites or may include multiple sequential mitigation actions that take time.

7.13 Emergency Response Assistance Plan for Emergency Response Contractors

 A person who is not a manufacturer, producer or distributor of dangerous goods that require an ERAP, but who specializes in emergency response, may apply to have an ERAP approved under section 7.2 of this Part for the purpose of responding, in accordance with paragraph 7.1(b) of the Act, to an actual or anticipated release of dangerous goods.

Footnote 1
SOR/2001-286