Transport Canada has posted on its website Amendment T – Provisions for Orphan Releases. This is a proposed regulation and has NOT been published in the Canada Gazette.

Amendment T outlines the compensation for implementing an ERAP at the request of the Minister. There are 4 sections that will be added:

• 7.10 Compensation for Authorization to Implement an Approved Emergency Response Assistance Plan (ERAP)
• 7.10.1 Compensation Limits
• 7.10.2 Claims for Compensation
• 7.11 Emergency Response Assistance Plan for Emergency Response Contractors

Section 7.10 outlines what expenses will be covered, such as:

• death, disability or injury to the plan holder or its employees
• overhead costs for the plan response
• cost of employees or contractors
• use of tools, vehicles, hoses, pumps, generators, etc.
• travel expenses – meals, accommodation, fuel, flights, etc.
• rental fees
• repair costs for equipment damaged during the response
• cost of defending any legal action

The following are not authorized for reimbursement:

• purchasing new equipment
• cost of lost business or production

Section 7.10.1 limits compensation that would be paid towards the dead, disabled or injured person if they were insured under:

• the Public Service Management Insurance Plan
• The Public Service Health Care Plan, and
• The Public Service Dental Care Plan.

Compensation for equipment or property is limited to market value.

Section 7.10.2 states that claims for compensation must be filed within 3 months of the plan response.

Section 7.11 says that a contractor who specializes in emergency response may apply for an ERAP in accordance with Section 7.2.

To see the full text of this proposed amendment, please go to: http://www.tc.gc.ca/eng/tdg/clear-modifications-amendmentt-1089.htm.

Comments should be sent by June 4 to:
Linda Hume-Sastre
Director, Legislation and Regulations
Transport Dangerous Goods Directorate (ASDC)
Transport Canada

By one of the following options:
Email: linda.hume-sastre@tc.gc.ca
Fax: 613-993-5925
Surface mail: Place de Ville, Tower C, 330 Sparks Street 9th Floor
Ottawa, Ontario, Canada, K1A 0N5