No. H 025/09
For release - February 2, 2009
OTTAWA — To enhance safety and security in the transport of dangerous goods, Canada's Transport Minister, John Baird, today tabled amendments to the Transportation of Dangerous Goods Act, 1992.
"Our government continues to take action to ensure the safety and security of Canadians whenever dangerous goods are imported, handled or transported in Canada," said Minister Baird. "These amendments will also maintain trade and market access to further economic prosperity."
"Our government has a responsibility to protect its citizens' safety," added Public Safety Minister Peter Van Loan. "We are keeping our commitment to Canadians by bringing forward the necessary enhancements to keep them safe."
The proposed amendments would introduce the following enhancements to public safety:
- reinforce the existing Emergency Response Assistance Program, which requires emergency response assistance plans to be in place should incidents occur involving dangerous goods;
- require security training and screening of personnel working with dangerous goods;
- enable the drafting of regulations requiring that dangerous goods be tracked during transport and that incidents involving loss or theft be reported;
- enable the use of security measures and interim orders, in accordance with the Public Safety Act and other legislation;
- enable the development of a program to require transportation security clearances for dangerous goods; and
- amend the definition of an importer to Canada, to clarify who is subject to the requirements of the Act and its regulations for transporting dangerous goods.
The updated Act would remain focused on the prevention of incidents when dangerous goods are handled, transported and imported. Following the coming into force of the amended legislation, the Government of Canada would continue consultations with the public, industry, first responders, and provincial and territorial governments, as Transport Canada develops regulations to support its new authorities under the Act.
A backgrounder with further information is attached.
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Transport Canada has undertaken extensive consultations on amendments to the Transportation of Dangerous Goods Act, 1992. Public consultations began in March 2004 with sessions held across the country. Biannual meetings have been held with provincial and territorial governments, and industry, to discuss amendments to the Act.
Following the coming into force of the amended legislation, Transport Canada will continue to consult stakeholders as the department develops regulations to support its new authorities under the Act.
Under the amended Act, the safe transport of dangerous goods would remain a shared responsibility among the Government of Canada, provincial and territorial governments, and industry. In accordance with established memoranda of agreement, the provinces and territories would continue to work together with Transport Canada to enforce requirements for transporting dangerous goods on highways. Transport Canada would remain responsible for enforcing regulations that govern transport by rail, ship and air.
The Act and its associated regulations are enforced directly by federal inspectors designated under the Act, and by provincial and territorial inspectors. When infractions are identified, immediate corrective or enforcement action is taken. This could include fines and/or prosecution. Enforcement responsibility would not change with the proposed amendments to the Act.
Under the revised legislation, shippers would need to submit an Emergency Response Assistance Plan (ERAP) to Transport Canada before shipping dangerous substances. The plan outlines actions the shipper would take should an accident occur, and how it would assist local authorities. ERAPs must include detailed information such as a list of the dangerous goods being transported, a description of the shipper's emergency response capabilities, a list of specialized equipment available for use at the emergency site, a list of qualified persons available to advise and assist at the scene, and the communications systems expected to be used. Plans would be required only for substances that are potentially most harmful — certain explosives, flammable substances and toxic gases — and that may pose a widespread threat in the event of an incident. The revised legislation would require that ERAPs also be submitted to cover security incidents.
Transport Canada supports emergency response and first responders through the Canadian Transport Emergency Centre (CANUTEC), which is staffed by scientists prepared to assist in responding to emergencies involving dangerous goods. The department also makes copies of the Emergency Response Guidebook available to police and fire departments across the country. The guidebook provides comprehensive information needed to respond to dangerous goods incidents occurring on highways, aircraft, ships and trains.
February 2009
