GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Transportation of Dangerous Goods Regulations — 7.7
7.7 (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 release or anticipated release of the dangerous goods to which the ERAP relates; and (d) the person who received approval for the ERAP provides a 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copy of the authorization referred to in paragraph (1)(d) (a) for two years after the day on which the authorization is no longer in effect; and (b) within 15 days after the day on which the authorized user receives a written request from the Minister.
Transportation of Dangerous Goods Regulations — 7.8
7.8 (1) A person with an approved ERAP must implement it to tier 1 or tier 2 in response to a release or anticipated release of dangerous goods. (2) A person who implements an approved ERAP to tier 1 must (a) provide technical or emergency response advice as soon as possible after a request for the advice; and (b) remotely monitor the response to the release or anticipated release. (3) A person who implements an approved ERAP to tier 2 must (a) provide technical or emergency response advice as soon as possible after a request for the advice; (b) monitor the response to the release or anticipated release; and (c) send ERAP emergency response resources to the location of the release or anticipated release. (4) A person must not prevent another person who has an approved ERAP from taking emergency measures in response to a release or anticipated release.
Transportation of Dangerous Goods Regulations — 7.9
7.9 (1) If a person implements 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: (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 (i) the person, the employee or the contractor is killed, disabled or injured during the implementation of the ERAP, and (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; (b) the cost of the person’s employees or contractors who are reasonably required to implement the ERAP; (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 ERAP; (d) travel expenses, such as those incurred for meals, accommodation, fuel, oil and flights, for persons who are reasonably required to implement the ERAP; (e) rental fees for heavy equipment, such as cranes, bulldozers, pumps, compressors and generators, that are reasonably required to implement the ERAP; (f) other overhead costs that can reasonably be attributed to the implementation of the ERAP; (g) the cost of repairing tools and other equipment that are damaged during the implementation of the ERAP; (h) the cost of replacing (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 ERAP, (ii) tools and other equipment that are lost during the implementation of the ERAP, and (iii) tools and other equipment that are damaged beyond repair during the implementation of the ERAP; (i) the cost of repairing or replacing personal property or movables or real property or immovables that have to be damaged to implement the ERAP; (j) the cost of defending any legal action for which there is no personal liability under paragraph 20(c) of the Act; and (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: (a) the cost of purchasing new equipment to implement the approved ERAP; and (b) the cost of lost business or production during the implementation of the approved ERAP.
Transportation of Dangerous Goods Regulations — 7.10
7.10 (1) Compensation under paragraph 7.9(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 (a) the Public Service Management Insurance Plan; (b) the Public Service Health Care Plan, with hospital coverage at level III; and (c) the Public Service Dental Care Plan. (2) Compensation under paragraph 7.9(1)(h) in relation to the replacement of the items listed in subparagraphs 7.9(1)(h)(i), (ii) and (iii) is limited to the cost of an item of equivalent capability and quality. (3) Compensation under paragraph 7.9(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. SOR/2011-210, s. 2
Transportation of Dangerous Goods Regulations — 7.11
7.11 Claims for compensation must be submitted with supporting documentation to the Minister no later than three months after completion of the emergency response work. SOR/2011-210, s. 2
Transportation of Dangerous Goods Regulations — 8.1
8.1 This Part applies in respect of (a) the release or anticipated release of dangerous goods that are being offered for transport, handled or transported by road vehicle, railway vehicle or vessel; (b) the release or anticipated release of dangerous goods that are being offered for transport, handled or transported by aircraft; (c) undeclared and misdeclared dangerous goods that are being offered for transport, handled or transported by aircraft; (d) the loss or theft of dangerous goods; and (e) unlawful interference with dangerous goods. SOR/2003-273, s. 8; SOR/2008-34, ss. 75, 76; SOR/2016-95, s. 10; SOR/2017-253, s. 52
Transportation of Dangerous Goods Regulations — 8.2
8.2 A person who is required by subsection 18(1) of the Act to report a release or anticipated release of dangerous goods that are being offered for transport, handled or transported by road vehicle, railway vehicle or vessel must, as soon as possible after a release or anticipated release, make an emergency report to any local authority that is responsible for responding to emergencies at the geographic location of the release or anticipated release if the dangerous goods are, or could be, in excess of the quantity set out in the following table: TABLE Class Packing Group or Category Quantity 1 II Any quantity 2 Not applicable Any quantity 3, 4, 5, 6.1 or 8 I or II Any quantity 3, 4, 5, 6.1 or 8 III, or without packing group 30 L or 30 kg 6.2 A or B Any quantity 7 Not applicable A level of ionizing radiation greater than the level established in section 39 of the Packaging and Transport of Nuclear Substances Regulations, 2015 9 II or III, or without packing group 30 L or 30 kg SOR/2016-95, s. 10; SOR/2017-253, s. 52; SOR/2019-101, s. 9
Transportation of Dangerous Goods Regulations — 8.3
8.3 An emergency report referred to in section 8.2 must include the following information: (a) the name and contact information of the person making the report; (b) in the case of a release of dangerous goods, the date, time and geographic location of the release; (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release; (d) the mode of transport used; (e) the shipping name or UN number of the dangerous goods; (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release; (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; and (h) if applicable, the type of incident leading to the release or anticipated release, including a collision, roll-over, derailment, overfill, fire, explosion or load-shift. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.4
8.4 (1) Subject to subsection (2), a person who has made an emergency report referred to in section 8.2 must, as soon as possible after making it, make a report to the persons listed in subsection (4). (2) Subject to subsection (3), the person is not required to make a report referred to in subsection (1) if the release or anticipated release did not result in (a) the death of a person; (b) a person sustaining injuries that required immediate medical treatment by a health care provider; (c) an evacuation of people or their shelter in place; or (d) the closure of (i) a facility used in the loading and unloading of dangerous goods, or (ii) a road, a main railway line or a main waterway. (3) The person is required to make a report referred to in subsection (1) if (a) a means of containment has been damaged to the extent that its integrity is compromised; or (b) the centre sill or stub sill of a tank car is broken or there is a crack in the metal equal to or greater than 15 cm (6 in.). (4) For the purposes of subsection (1), the persons to whom a report must be made are (a) CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666; (b) the consignor of the dangerous goods; (c) in the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission; and (d) in the case of a vessel, a Vessel Traffic Services Centre or a Canadian Coast Guard radio station. SOR/2016-95, s. 10; SOR/2017-253, s. 52
Transportation of Dangerous Goods Regulations — 8.5
8.5 A release or anticipated release report referred to in section 8.4 must include the following information: (a) the name and contact information of the person making the report; (b) in the case of a release of dangerous goods, the date, time and geographic location of the release; (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release; (d) the mode of transport used; (e) the shipping name or UN number of the dangerous goods; (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release; (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; (h) if applicable, the type of incident leading to the release or anticipated release, including a collision, rollover, derailment, overfill, fire, explosion or load-shift; (i) if applicable, the name and geographic location of any road, main railway line or main waterway that was closed; (j) a description of the means of containment containing the dangerous goods; (k) if applicable, an estimate of the number of people evacuated or sheltered in place; and (l) if applicable, the number of deaths and the number of persons who sustained injuries that required immediate medical treatment by a health care provider. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.6
8.6 A person who has made a report referred to in section 8.4, or the person’s employer, must make a follow-up report in writing to the Minister within 30 days after the day on which the report was made. SOR/2016-95, s. 10; SOR/2019-101, s. 24
Transportation of Dangerous Goods Regulations — 8.7
8.7 A follow-up report referred to in section 8.6 must include the following information: (a) the name and contact information of the person making the report; (b) the names and contact information of the consignor, consignee and carrier; (c) in the case of a release of dangerous goods, the date, time and geographic location of the release; (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release; (e) the mode of transport used; (f) the classification of the dangerous goods; (g) the quantity of dangerous goods that was in the means of containment before the release or anticipated release; (h) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; (i) a description of the means of containment containing the dangerous goods; (j) if applicable, a description of any failure of or damage to the means of containment; (k) information about the events leading to the release or anticipated release of dangerous goods; (l) information as to whether there was an explosion or fire; (m) the name and geographic location of any facility used in the loading or unloading of the dangerous goods that was closed, and the duration of the closure; (n) the name and geographic location of any road, main railway line or main waterway that was closed, and the duration of the closure; (o) if applicable, an estimate of the number of people evacuated or sheltered in place and the duration of the evacuation or shelter in place; (p) if applicable, the number of deaths and the number of persons who sustained injuries that required immediate medical treatment by a health care provider; (q) the ERAP reference number, if applicable, and (i) the name of the person who was required to have the ERAP under subsection 7(1) of the Act, and (ii) the date and time that the ERAP incident report referred to in section 8.20 was made; (r) the date on which the report referred to in section 8.4 was made; and (s) an estimate of any financial loss incurred as a result of the release or anticipated release, and any emergency response cost or remediation costs related to it. SOR/2016-95, s. 10; SOR/2019-101, s. 10
Transportation of Dangerous Goods Regulations — 8.8
8.8 (1) A person who has made a follow-up report referred to in section 8.6 must, as soon as possible, notify the Minister of any change to the information referred to in paragraph 8.7(f), (i), (j), (k), (l), (p) or (s) that occurs within one year after the day on which the follow-up report was made. (2) The person must keep a copy of the report for two years after the day on which it is made. (3) The person must make the report available to an inspector within 15 days after the day on which the person receives a written request from the inspector. SOR/2016-95, s. 10; SOR/2019-101, s. 24
Transportation of Dangerous Goods Regulations — 8.9
8.9 (1) Subject to subsection (3), a person who is required by subsection 18(1) of the Act to report a release or anticipated release of dangerous goods that are being offered for transport, handled or transported at an aerodrome, at an air cargo facility or by aircraft must as soon as possible after a release or anticipated release, make a report if the dangerous goods are, or could be, in excess of the quantity set out in the following table: TABLE Class Quantity 1, 2, 3, 4, 5, 6, 8 or 9 Any quantity 7 A level of ionizing radiation greater than the level established in section 39 of the Packaging and Transport of Nuclear Substances Regulations, 2015 (2) The report referred to in subsection (1) must be made to CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666, and, in the case of dangerous goods included in Class 7, Radioactive Materials, to the Canadian Nuclear Safety Commission. (3) The person is not required to make the report referred to in subsection (1) if the release or anticipated release does not result in any of the following: (a) the death or injury of a person; (b) damage to property or to the environment; (c) signs that the integrity of a means of containment has been compromised, including signs of fire, of breakage or of fluid or radiation leakage; (d) serious jeopardy to persons on an aircraft or to the aircraft itself; (e) an evacuation of people or their shelter in place; or (f) the closure of an aerodrome, air cargo facility or runway. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.10
8.10 A report referred to in section 8.9 must include the following information: (a) the name and contact information of the person making the report; (b) in the case of a release of dangerous goods, the date, time and geographic location of the release; (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release; (d) the name of the aircraft operator, aerodrome or air cargo facility; (e) the shipping name or UN number of the dangerous goods; (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release; (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; (h) if applicable, the type of incident leading to the release or anticipated release; (i) a description of the means of containment containing the dangerous goods; (j) if applicable, the number of deaths and the number of persons who sustained injuries; and (k) if applicable, an estimate of the number of people evacuated or sheltered in place. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.11
8.11 A person who has made a report referred to in section 8.9, or the person’s employer, must make a follow-up report in writing to the Minister within 30 days after the day on which the report was made. SOR/2016-95, s. 10; SOR/2019-101, s. 24
Transportation of Dangerous Goods Regulations — 8.12
8.12 A follow-up report referred to in section 8.11 must include the following information: (a) the name and contact information of the person making the report; (b) the names and contact information of the consignor, consignee and aircraft operator; (c) in the case of a release of dangerous goods, the date, time and geographic location of the release; (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release; (e) the classification of the dangerous goods; (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release; (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; (h) a description of the means of containment containing the dangerous goods; (i) if applicable, a description of any failure of or damage to the means of containment; (j) information about the events leading to the release or anticipated release of dangerous goods; (k) information as to whether there was an explosion or fire; (l) the name and geographic location of any aerodrome, air cargo facility or runway that was closed, and the duration of the closure; (m) if applicable, an estimate of the number of people evacuated or sheltered in place, and the duration of the evacuation or shelter in place; (n) if applicable, the number of deaths and the number of persons who sustained injuries; (o) if applicable, the ERAP reference number; (p) the date on which the report referred to in section 8.9 was made; (q) an estimate of any financial loss incurred as a result of the release or anticipated release, and any emergency response costs or remediation costs related to it; (r) a description of the route by which the dangerous goods were to be transported, including the names of any aerodromes along the route; (s) a description of any serious jeopardy to persons on any aircraft or to the aircraft itself; and (t) a description of any damage to property or to the environment. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.13
8.13 (1) A person who has made a follow-up report referred to in section 8.11 must, as soon as possible, notify the Minister of any change to the information referred to in paragraph 8.12(e), (h), (i), (k), (n) or (q) that occurs within one year after the day on which the follow-up report was made. (2) The person must keep a copy of the report for two years after the day on which it is made. (3) The person must make the report available to an inspector within 15 days after the day on which the person receives a written request from the inspector. SOR/2016-95, s. 10; SOR/2019-101, s. 24
Transportation of Dangerous Goods Regulations — 8.14
8.14 A person must make a report to CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666, as soon as possible after discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that are not accompanied by the documentation or dangerous goods marks set out for the dangerous goods in Parts 1 to 6 and 8 of the ICAO Technical Instructions. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.15
8.15 A report referred to in section 8.14 must include the following information: (a) the name and contact information of the person making the report; (b) the name of the aircraft operator, aerodrome or air cargo facility; (c) the names and contact information of the consignor and consignee; (d) the date of the discovery of the dangerous goods; (e) the shipping name or UN number of the dangerous goods; (f) a description of the means of containment containing the dangerous goods; (g) the gross mass or capacity of the means of containment and, if applicable, the total number of means of containment; and (h) a description of the route by which the dangerous goods were to be transported, including the names of any aerodromes along the route. SOR/2016-95, s. 10
Transportation of Dangerous Goods Regulations — 8.15.1
8.15.1 A person must make a dangerous goods occurrence report (ICAO) to the Minister within seven days after discovering, at an aerodrome or air cargo facility or on board an aircraft, dangerous goods that have been transported on board an aircraft without (a) being loaded, segregated or secured in accordance with Chapter 2 of Part 7 of the ICAO Technical Instructions; or (b) the pilot-in-command having been informed in accordance with section 7;4.1 of the ICAO Technical Instructions. SOR/2017-137, s. 55; SOR/2019-101, s. 24
Transportation of Dangerous Goods Regulations — 8.15.2
8.15.2 A dangerous goods occurrence report (ICAO) referred to in section 8.15.1 must be in writing and include the following information: (a) the name and contact information of the person making the report; (b) the name of the aircraft operator, aerodrome or air cargo facility; (c) the names and contact information of the consignor and consignee; (d) the date of the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b); (e) the shipping name or UN number of the dangerous goods; (f) a description of the means of containment containing the dangerous goods; (g) the gross mass or capacity of the means of containment and, if applicable, the total number of means of containment; (h) a description of the route by which the dangerous goods were, or were to be, transported, including the names of any aerodromes along the route; and (i) a detailed description of the circumstances that led to the discovery of the occurrence referred to in paragraph 8.15.1(a) or (b), as the case may be. SOR/2017-137, s. 55
Transportation of Dangerous Goods Regulations — 8.17
8.17 A loss or theft report referred to in section 8.16 must include the following information: (a) the name and contact information of the person making the report; (b) the names and contact information of the consignor, the consignee and the carrier; (c) information as to whether the dangerous goods were lost or stolen; (d) the shipping name or UN number of the lost or stolen dangerous goods; (e) the quantity of the lost or stolen dangerous goods; (f) a description of the means of containment containing the lost or stolen dangerous goods; and (g) the approximate date, time and geographic location of the loss or theft. SOR/2016-95, s. 10