PART 7

EMERGENCY RESPONSE ASSISTANCE PLAN

TABLE OF CONTENTS

Background

Definitions

Background

It is the responsibility of the person offering for transport or importing dangerous goods for which an emergency response assistance plan (ERAP) is required to establish such a plan and to have that plan approved by Transport Canada.

The object of an emergency response assistance plan is to ensure that there is immediately available a suitable response to emergency situations involving the dangerous goods for which the plan was created. Assistance from the plan holder may be in the form of telephone advice based on the information given by the personnel at the scene of an emergency or travel to the scene with specialized personnel and equipment.

If the person offering for transport or importing dangerous goods is also the carrier, that person still needs an approved plan.

The persons designated to issue an approval of an ERAP are the people in the Transport Canada, Transport Dangerous Goods Directorate, who hold the following positions:

Director General;

Director, Compliance and Response; and

Chief, Response Operations.

EMERGENCY RESPONSE ASSISTANCE PLAN

Definitions

Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:

7.1 Requirement for an Emergency Response Assistance Plan (ERAP)

(1) A person who offers for transport or imports a consignment of dangerous goods must have an approved emergency response assistance plan when the quantity of dangerous goods exceeds the ERAP limit referred to in subsection (4).

Subsection (1) deals with one consignment of dangerous goods and one transport event. If the quantity of dangerous goods in the consignment exceeds the ERAP limit an ERAP is required. Subsection (2) deals with an accumulation of consignments.

(2) A person who offers for transport or imports more than one consignment of dangerous goods at the same time must have an approved ERAP if the consignments are in more than one large means of containment required by Part 5, Means of Containment, and the total quantity of dangerous goods in all the required large means of containment exceeds the ERAP limit referred to in subsection (4).

Under subsection (2), an accumulation of large tubes making up a standard hydrogen tube trailer would need an ERAP but an accumulation of small camping gas cylinders would not need an ERAP. Only dangerous goods in consignments that require a large means of containment are counted.

(3) A person who offers for transport or imports, in a road vehicle or railway vehicle, dangerous goods included in any one of the following classes must have an approved ERAP if the total quantity of any one of those dangerous goods offered for transport or imported by that person in the road vehicle or railway vehicle exceeds the corresponding ERAP limit referred to in subsection (4) for those dangerous goods:

• (a) Class 1, Explosives;

• (b) Class 3, Flammable Liquids, with a subsidiary class of Class 6.1, Toxic Substances;

• (c) Class 4, Flammable Solids; Substances Liable to Spontaneous Combustion; Substances That on Contact with Water Emit Flammable Gases (Water-reactive Substances);

• (d) Class 5.2, Organic Peroxides, that are Type B or Type C; and

Class 6.1, Toxic Substances, that are included in Packing Group I.

SOR/2002-306

(4) A quantity of dangerous goods exceeds the ERAP limit if the dangerous goods have an index number in column 7 of Schedule 1 and

• (a) if a solid, have a mass that is greater than the index number when that number is expressed in kilograms;

• (b) if a liquid, have a volume that is greater than the index number when that number is expressed in litres;

• (c) if a gas, including a gas in a liquefied form, are contained in one means of containment that has a water capacity greater than the index number when that number is expressed in litres; or

• (d) if an explosive in a road vehicle or railway vehicle, have a net explosives quantity greater than the index number when that number is expressed in kilograms.

• If there is no index number set out in column 7 of Schedule 1, an ERAP is not required.

(5) Despite subsections (1), (2) and (3), a person other than a manufacturer or producer is not required to have an approved ERAP if that person offers for transport or imports one or more consignments of dangerous goods for which an ERAP is required on behalf of another person who already has an approved ERAP for the dangerous goods.

7.2 Applying for Approval of an ERAP

The level of detail of the information required in paragraph (2)(h) of this section should be appropriate for a fire department evaluating an emergency situation. The person who provides the information must include an analysis of how a release could occur (e.g., damage to a valve, a manway cover, a frangible disk or a container wall) and how any released dangerous goods could react. Transport Canada has developed a brochure to give guidance on this topic.

(1) A person must apply, in writing, to the Minister or a designated person for the approval of an ERAP.

(2) The application for an ERAP approval must be signed by the person submitting it and must include the following information:

• (a) the name and address of the place of business of the applicant;

• (b) the telephone number, including the area code and, if applicable, the electronic mailing address and facsimile number of the applicant;

• (c) the classification of the dangerous goods to which the ERAP relates;

• (d) the type and size of the means of containment used to transport the dangerous goods to which the ERAP relates;

• (e) the geographical area covered by the ERAP;

• (f) the telephone number, including the area code, to call to have the ERAP activated immediately;

• (g) a description of the emergency response capabilities available to the person offering for transport or importing dangerous goods including

• (i) the number of persons qualified to give, by telephone, technical advice about the dangerous goods,

• (ii) the number of persons qualified and available to give advice and assistance at the site of an emergency,

• (iii) a list of the specialized equipment that can be transported to and used at the site of an emergency,

• (iv) a general description of the response actions capable of being taken at the site of an emergency,

• (v) a description of the transportation arrangements to bring specialized emergency response personnel and equipment to the site of an emergency, and

• (vi) a description of the communications systems that can be made available at the site of an emergency;

• (h) a potential accident assessment including

• (i) a general analysis of how an accidental release of dangerous goods could occur,

• (ii) a general description of the potential consequences of an accidental release of dangerous goods, and

• (iii) a description of the action the applicant is expected to take in the event of an accidental release or an imminent accidental release of dangerous goods; and

• (i) a copy of any formal agreement with a third party for the provision of assistance.

7.3 Approval or Refusal of an ERAP

(1) When an ERAP application is approved, the Minister or the designated person must give the applicant, in writing, a reference number for the ERAP.

Under subsection 7(3) of the Act, the Minister or a designated person may approve an ERAP pending an investigation if the Minister or the designated person has no reason to suspect that the plan is incapable of being implemented or will be ineffective. An ERAP application that does not include all the information required by subsection 7.2(2) could be approved for a specified period pending an investigation.

(2) If an ERAP application is refused, the Minister or the designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.

7.4 Applying for Approval of a Renewal or Revision of an ERAP

A person who applies for approval of a renewal or revision of an ERAP must submit to the Minister or a designated person, in writing, the following information:

• (a) the name and address of the place of business of the applicant;

• (b) the telephone number, including the area code and, if applicable, the electronic mailing address and the facsimile number of the applicant;

• (c) for renewal of an ERAP, certification that the information provided in the original application in accordance with paragraphs 7.2(2)(c) to (i) or in the most recent renewal is still accurate and complete; and

• (d) for a revision of an ERAP, a description of the proposal for the revision stating how the proposed revision will ensure that the ERAP is capable of being implemented and will be effective in responding to an accident that occurs while the dangerous goods are being transported.

7.5 Approval or Refusal of a Renewal or Revision of an ERAP

(1) When an application for renewal or revision of an ERAP is approved, the Minister or the designated person must give the applicant, in writing, a reference number for the ERAP.

(2) If an application for renewal or revision of an ERAP is refused, the Minister or the designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.

7.6 Revoking an ERAP Approval

(1) The Minister or a designated person must notify the affected person, in writing, of the revocation of an ERAP approval under subsection 7(4) of the Act and the reasons for the revocation.

(2) A revocation takes effect when it is signed or at a later date if one is indicated in it. However, after the effective date of the revocation, any non-compliance with the Act that is a result of the revocation must not be enforced against a person unless the person has received the original, signed revocation or an electronic copy of it, or reasonable steps have been taken to make the person aware of the revocation.

7.7 Requesting a Review of a Decision to Refuse or Revoke an ERAP Approval

(1) A person may request a review of the decision to refuse or revoke an ERAP approval within 30 days after being notified of the decision.

(2) The request must be made, in writing, to the Minister or a designated person and must include the following information:

• (a) the name and address of the place of business of the person requesting the review; and

• (b) the reasons why the decision should be reversed.

7.8 Processing a Request for a Review

The Minister or, in the case of an approval that was refused or revoked by a designated person, the Director General may issue an approval that was refused or reissue a revoked approval, if the Minister or Director General determines on the basis of available information, including information provided with the request for review, that the ERAP is capable of being implemented and will be effective in responding to an accident that occurs while the dangerous goods are being transported.

7.9 Notification of a Decision on Review

The Minister or the Director General must notify in writing the person who made the request for a review of the decision on the review and the reasons for it.