Regulations amending the TDGR (ERAP)

Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) were published in Part I of the Canada Gazette on Saturday, June 30. 

Issues

The Transportation of Dangerous Goods Act, 1992 (the TDG Act) requires any person importing, offering for transport, handling or transporting certain higher risk dangerous goods (e.g., propane) in the quantities or concentrations specified in the Transportation of Dangerous Goods Regulations (the TDG Regulations), to have an emergency response assistance plan (ERAP) approved by the Minister of Transport (the Minister). An ERAP describes the actions to be taken in the event of a transportation accident involving these higher risk dangerous goods.

In a 2016 report, the Transportation of Dangerous Goods Emergency Response Task Force (ERTF) made 40 recommendations on ways to improve emergency response assistance to incidents involving flammable liquids transported by rail. The report identified several issues with the existing ERAP program and provided 10 recommendations to improve the ERAP program grouped under three themes: clarifying ERAP implementation, coordinating multiple plans and ensuring effective monitoring.

Objectives

The primary objectives of the proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) [the proposed amendments] are to address the recommendations of the ERTF to improve the ERAP program and 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.

Description

The proposed amendments would:

• clarify ERAP implementation; 
• enhance emergency preparedness and response;
• reduce regulatory burden for stakeholders; and 
• make administrative changes (housekeeping).

Impacts

Transport Canada has considered the potential impacts of the proposed amendments on administrative burden for businesses. It was determined that the proposed amendments would result in an administrative burden cost increase, for business, of $19,591 over a 10-year period, or $2,789 per year. Additional details can be found on the Canada Gazette website.

Comments

Interested persons may submit comments on the proposed Regulations by August 30. Comments must cite the Canada Gazette, Part I, and the date of June 30, 2018, and be addressed to:

Geneviève Sansoucy
Regulatory Affairs Branch
Transportation of Dangerous Goods Directorate, Department of Transport
Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5
fax: 613-993-5925
email: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

CPA would also like to receive a copy of your comments. Please forward to Mélanie Levac, Vice-President of Regulatory Affairs and Safety, at melanielevac@propane.ca.