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1) a security (terrorist) incident involving a known shipper/producer/manufacturer/offerer of dangerous goods,
• Industry would use their existing Emergency Response Assistance Plan to assist first responders following a security (terrorist) incident during the transportation of dangerous goods for their own product.
But would for example include: salaries, meals, hotels, suit replacement, fuel and travel expenses as well as costs associated with damage to equipment such as non sparking tools, vehicles, pumps or hoses due to a requested response.
4
CBRNE
In 2002, the TDG directorate put in place a Chemical Biological Radiological, Nuclear and Explosive (CBRNE) Response Program that would be part of the federal government initiative on counter-terrorism.
2
A newly amended TDG Act, Royal Assent June 16th 2009
Safety
• Strengthen Emergency Response Assistance Plan Program;
• Enable inspectors to inspect any place for which a means of containment is being manufactured, repaired or tested;
2) a security (terrorist) incident involving an unknown shipper/producer/manufacturer/offerer of dangerous goods (unknown meaning an orphaned shipment transported by a terrorist or suicide bomber to a specific location, or found at a site by first responders where the dangerous goods is in an unmarked or improper means of containment, or in a vehicle or truck not owned, leased or rented by a known shipper/manufacturer/producer/offerer.
• The company would only be asked to respond after the site has been cleared by the appropriate agencies (i.e., police, RCMP or DND). The choice of plan holder would be based on the appropriateness of the plan and the timeliness of the response.
The mandate of the TDG CBRNE Response Program is to ensure product response services following a CBRNE incident. Such response would occur once all terroristrelated hazards have been eliminated.
8
What Costs could Industry recover
Industry would be eligible to recover capital and operational cost associated with a response (what it includes to be spelled out in regulations).
The CBRNE Response Program is based on the existing industrial Emergency Response (ER) network and infrastructure established under the Emergency Response Assistance Plan (ERAP) requirements pursuant to the TDG Act and Regulations. An amended TDG Act to include security is required to fully implement the program.
(c) any person who acts in accordance with an authorization given under paragraph 7.1(b).
7
How would it work?
There are two potential security scenarios which could trigger activation of the Emergency Response Assistance Plan following a security (terrorist) incident
TDG UPDATE COHMED 2010, San Antonio
By Nathalie Belliveau A/ Director Compliance and Response Branch Transport Dangerous Goods Directorate
Purpose of the presentation
• unknown or orphaned - the Minister (or delegate) would ask a company with an approved ERAP if they would be willing to respond on the government’s behalf. Should an approved company accept to respond, the government would agree to pay the costs associated with that response and provide the responders with indemnity protection.
(b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and
• Reconfirm that the Act is applicable uniformly throughout Canada, including local works and undertakings (movements of dangerous goods within a province not using a federal carrier/shipper);
• Change the concept of importer to clarify who is the person in Canada that needs to meet the obligations of the act;
• Enable a shipping record to be used in court as evidence of the presence of a dangerous good in a means of containment; and
• Some wording changes – permits to certificates and inclusion of new temporary certificate.
3
New Security Requirements in the Act
Security Response •Enabling the use of Emergency Response Assistance Plans to respond to a terrorist release of dangerous goods. Security Prevention •Require security plans and security training; •Enable the use Security Measures and Interim Orders (as Public Safety Act and 10 other existing Parliament Acts); and •Enable regulations to be made to require that dangerous goods are tracked during transport, or reported if lost or stolen.
• Update of the amendments to the TDG Act • Reports on accidental releases • Most commonly cited non-compliances in 2009 • Random sampling report • 2010 winter Olympics in Vancouver BC
5
ห้องสมุดไป่ตู้ 6
Amended Act - continued
Personal Liability (Amended Section)
20. The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence:
(a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release;
• Industry would use their existing Emergency Response Assistance Plan to assist first responders following a security (terrorist) incident during the transportation of dangerous goods for their own product.
But would for example include: salaries, meals, hotels, suit replacement, fuel and travel expenses as well as costs associated with damage to equipment such as non sparking tools, vehicles, pumps or hoses due to a requested response.
4
CBRNE
In 2002, the TDG directorate put in place a Chemical Biological Radiological, Nuclear and Explosive (CBRNE) Response Program that would be part of the federal government initiative on counter-terrorism.
2
A newly amended TDG Act, Royal Assent June 16th 2009
Safety
• Strengthen Emergency Response Assistance Plan Program;
• Enable inspectors to inspect any place for which a means of containment is being manufactured, repaired or tested;
2) a security (terrorist) incident involving an unknown shipper/producer/manufacturer/offerer of dangerous goods (unknown meaning an orphaned shipment transported by a terrorist or suicide bomber to a specific location, or found at a site by first responders where the dangerous goods is in an unmarked or improper means of containment, or in a vehicle or truck not owned, leased or rented by a known shipper/manufacturer/producer/offerer.
• The company would only be asked to respond after the site has been cleared by the appropriate agencies (i.e., police, RCMP or DND). The choice of plan holder would be based on the appropriateness of the plan and the timeliness of the response.
The mandate of the TDG CBRNE Response Program is to ensure product response services following a CBRNE incident. Such response would occur once all terroristrelated hazards have been eliminated.
8
What Costs could Industry recover
Industry would be eligible to recover capital and operational cost associated with a response (what it includes to be spelled out in regulations).
The CBRNE Response Program is based on the existing industrial Emergency Response (ER) network and infrastructure established under the Emergency Response Assistance Plan (ERAP) requirements pursuant to the TDG Act and Regulations. An amended TDG Act to include security is required to fully implement the program.
(c) any person who acts in accordance with an authorization given under paragraph 7.1(b).
7
How would it work?
There are two potential security scenarios which could trigger activation of the Emergency Response Assistance Plan following a security (terrorist) incident
TDG UPDATE COHMED 2010, San Antonio
By Nathalie Belliveau A/ Director Compliance and Response Branch Transport Dangerous Goods Directorate
Purpose of the presentation
• unknown or orphaned - the Minister (or delegate) would ask a company with an approved ERAP if they would be willing to respond on the government’s behalf. Should an approved company accept to respond, the government would agree to pay the costs associated with that response and provide the responders with indemnity protection.
(b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and
• Reconfirm that the Act is applicable uniformly throughout Canada, including local works and undertakings (movements of dangerous goods within a province not using a federal carrier/shipper);
• Change the concept of importer to clarify who is the person in Canada that needs to meet the obligations of the act;
• Enable a shipping record to be used in court as evidence of the presence of a dangerous good in a means of containment; and
• Some wording changes – permits to certificates and inclusion of new temporary certificate.
3
New Security Requirements in the Act
Security Response •Enabling the use of Emergency Response Assistance Plans to respond to a terrorist release of dangerous goods. Security Prevention •Require security plans and security training; •Enable the use Security Measures and Interim Orders (as Public Safety Act and 10 other existing Parliament Acts); and •Enable regulations to be made to require that dangerous goods are tracked during transport, or reported if lost or stolen.
• Update of the amendments to the TDG Act • Reports on accidental releases • Most commonly cited non-compliances in 2009 • Random sampling report • 2010 winter Olympics in Vancouver BC
5
ห้องสมุดไป่ตู้ 6
Amended Act - continued
Personal Liability (Amended Section)
20. The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence:
(a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release;