Ontario Transportation of Dangerous Goods (TDG)
In Canada this is governed by the Dangerous Goods (Transportation) Act.
The following is © Queen's Printer for Ontario, 2009 – 2009
CANADA - ONTARIO
Agreement Respecting Administration of the
Transportation of Dangerous Goods Act, 1992
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 provincial 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 Provincial Act;
(viii) "Information System" means a 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 Provincial legislation;
(x) "Province" means the Government of Ontario;
(xi) "Protective Direction" means a direction made under Section 32 of the Federal Act;
(xii) "Provincial Act" means the Dangerous Goods Transportation Act, R.S.O. 1990 Chapter D.1 as amended from time to time during the term of this agreement;
(xiii) "Provincial Coordinator" means the Assistant Deputy Minister, Safety and Regulation, Ministry of Transportation for Ontario, or his or her designate in writing;
(xiv) "Provincial Regulations" means regulations made under the Provincial Act;
(xv) "Transport Canada" means the federal Department of Transport; and,
(xvi) "vehicle" has the same meaning as that contained in the Provincial 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 provincial legislation referred to in this Agreement are listed in Schedule "A".
ARTICLE TWO - IMPLEMENTATION OF FEDERAL ACT IN ONTARIO
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 Ontario will administer all on-highway inspection and enforcement activities and 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 the transporting of dangerous goods, other than radioactive materials, in or on a vehicle on a highway in Ontario, enforcement shall be undertaken pursuant to the Provincial Act.
(b) Where an offence is alleged to have occurred in respect of transporting of radioactive materials in or on a vehicle on a highway in Ontario, 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 Gasoline Handling Act (Ontario) and the Energy Act (Ontario);
(ii) the storage and handling, other than for transportation, of flammable liquids or other dangerous goods as defined under the Fire Marshals Act (Ontario); and,
(iii) the handling or offering for transport, or transporting of hazardous wastes as defined under the Environmental Protection Act (Ontario) not coming under the purview of the Federal Act, enforcement shall be the responsibility of Ontario, pursuant to the provincial Acts cited herein.
(d) Where an offence, other than those listed in paragraphs (a) to (c), is alleged to have occurred in respect of any handling, offering for transport or transporting of dangerous goods, enforcement shall be pursuant to the Federal Act.
(e) 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 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) Ontario agrees to adopt the English text of the Federal Regulations.
(b) Ontario agrees to issue permits complementary to the federal permits of equivalent level of safety or emergency, as appropriate.
(c) Ontario, for the purpose of national uniformity, will recognize only those permits issued pursuant to the Federal Act or the Provincial Act.
(d) Canada agrees to consult with Ontario prior to issuing permits which will impact on Ontario.
(e) In the making of the Regulations under:
(i) the Provincial Act,
(ii) the Energy Act, (Ontario),
(iii) the Environmental Protection Act, (Ontario),
(iv) the Fire Marshals Act, (Ontario),
(v) the Gasoline Handling Act, (Ontario),
(vi) the Pesticides Act, (Ontario) and
other Ontario Legislation, Ontario agrees to strive towards the goal of national uniformity and concurrence with international reciprocity agreements respecting the handling, offering for transport or transporting of dangerous goods.
ARTICLE FIVE - CONSULTATION
5. (a) The Federal Minister and Provincial Minister or their respective delegates, will consult with each other on any proposed changes to the Federal and Provincial Acts and Regulations and will provide each other a copy of the proposed changes.
(b) The Federal and Provincial Coordinators shall consult with each other prior to recommending to the Federal or Provincial Ministers, or persons designated by the Ministers, the issuance of permits for 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 Ontario provided for in this Agreement shall be undertaken by the Federal Coordinator and the Provincial Coordinator, or their delegates, respectively.
(b) The Federal Coordinator and the Provincial Coordinator, 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 activities specified in paragraph (a) and (b) may be apportioned to either Canada or Ontario in accordance with the terms and conditions agreed upon between the Federal and Provincial Coordinators.
(d) The Federal and Provincial Coordinators shall use their best efforts to ensure that the responsibilities and interests of other federal and provincial 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 provincial or municipal employee for designation as an inspector under the Federal Act only if that employee is recommended for designation by the Provincial Coordinator.
(b)The Provincial Minister shall consider a federal employee for designation as an inspector under the Provincial Act only if that employee is recommended for designation by the Federal Coordinator.
ARTICLE NINE - TRAINING OF INSPECTORS
9. (a) Canada and Ontario shall provide and maintain 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 Provincial 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 Ontario in accordance with terms and conditions agreed upon by the Federal Coordinator and the Provincial Coordinator.
ARTICLE TEN - OCCURRENCE NOTIFICATION AND REPORTING
10. (a) Where a dangerous occurrence as defined in the Federal Regulations and which occurs in Ontario, is first reported or becomes known to Transport Canada, Canada shall notify Ontario.
(b) Where a dangerous occurrence, as defined in the Federal Regulations and which occurs in Ontario, is first reported or becomes known to Ontario, Ontario shall notify Transport Canada (CANUTEC).
ARTICLE ELEVEN - RESPONSE TO DANGEROUS OCCURRENCES
11. (a) Canada and Ontario 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 Part IX of the Federal Regulations relevant to Ontario will be sent to the Provincial Coordinator on a regular basis.
ARTICLE TWELVE - PUBLIC AWARENESS
12. Canada and Ontario 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 REPORTS
13. (a) Canada agrees to forward to the Provincial Coordinator upon request the information contained in any reports, plans or registrations relating to activities in the province of Ontario submitted to Canada pursuant to the Federal Regulations.
(b) Ontario agrees, in the event that any reports, plans or registrations required by the Federal Regulations are inadvertently directed to Ontario, that Ontario will forward them to the Federal Coordinator.
ARTICLE FOURTEEN - INFORMATION SYSTEMS
14. (a) The Federal Coordinator and Provincial Coordinators shall cooperate in the formation of any dangerous goods Information Systems by contributing such relevant data as may be routinely collected by Canada and Ontario, respectively, to the extent jointly agreed to from time to time.
(b) The Federal and the Provincial 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 Ontario to the following persons, and then only to the extent that the information is required in the performance of their duties in respect of administration and enforcement of the Federal Act:
(i) Inspectors designated by the Federal or Provincial Ministers;
(ii) employees of the Government of Canada;
(iii) jurisdictions participating in the national program; and
(iv) such other persons or agencies as are expressly authorized in writing by the Provincial Coordinator to receive such information.
(b) Ontario 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 in respect of the administration and enforcement of the Provincial Act:
(i) Inspectors designated by the Federal or Provincial Ministers;
(ii) employees of the Government of Ontario;
(iii) jurisdictions participating in the national program; and
(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 Provincial 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 Provincial Coordinators will:
(i) exchange any information produced as a result of research programs that may be undertaken in respect of 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 Ontario in accordance with the terms and conditions agreed upon between the Federal and Provincial Coordinators.
ARTICLE SEVENTEEN - INQUIRIES AND EXAMINATIONS
17. (a) Where either Party considers that an Inquiry or Examination into any matter relating to the transportation, storage or handling of dangerous goods 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 is not to 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 Provincial Coordinators will provide to each other on request the results of an Inquiry or Examination into a dangerous occurrence conducted under the provisions of the Federal Act or the Provincial Act, as the case may be, to the extent that such material can be released.
ARTICLE EIGHTEEN - UNINTENDED LIMITATION OF POWERS
18 (a) This Agreement is not intended to unlawfully impede the Crown in the right of Canada or Ontario by:
(i) limiting any minister of the Crown in the exercise of a power that has been lawfully granted to that minister by law or regulation;
(ii) limiting the Governor in Council or the Lieutenant Governor in Council in the exercise of a power that has been lawfully granted to the Governor in Council or the Lieutenant Governor in Council; or
(iii) limiting the Parliament of Canada or the Legislative Assembly of the Province of Ontario in the exercise of any constitutional power.
(b) To the extent that any provision of this Agreement unlawfully impedes the exercise of power of any minister, the executive of Canada or Ontario, the Parliament of Canada or the Legislative Assembly of Ontario, 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) and (c), 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 Provincial 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 by the Parties hereto as represented by their proper officers, duly authorized in that behalf.
Minister of Transport
Government of Canada
Minister of Transportation
Government of Ontario
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