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:
Director, Legislation and Regulations
Transport Dangerous Goods Directorate (ASDC)
By one of the following options:
Surface mail: Place de Ville, Tower C, 330 Sparks Street 9th Floor
Ottawa, Ontario, Canada, K1A 0N5