Canada Road & Rail Transport - Compensation for ERAP Special Situations

The Minister of Transport may authorize a person with an approved ERAP to implement the plan in order to respond to an actual or anticipated release of dangerous goods if the Minister of Transport does not know the identity of any person required to have an ERAP in respect of the release.

If a person agrees to implement an approved ERAP, the Minister of Transport must compensate that person for certain expenses incurred as a result of implementing the plan. The following expenses are authorized for compensation:

• Expenses related to the death, disability, or injury of the person or any of the person's employees or contractors that occur during the implementation of the approved ERAP. The death, disability, or injury must be the result of an act or omission that was committed by the person in good faith and without negligence.
• The cost of the person's employees or contractors who implement the approved ERAP.
• The cost of using the person's tools and other equipment, such as vehicles, pumps, hoses, and generators that were used to implement the approved ERAP.
• Travel expenses, such as those incurred for meals, accommodation, fuel, oil, and flights, for persons who implement the approved ERAP.
• Rental fees for heavy equipment, such as cranes, bulldozers, pumps, compressors, and generators, that is required to implement the approved ERAP.
• Other overhead costs incurred during the implementation of the approved ERAP.

Other expenses authorized for compensation during the implementation of an approved ERAP include the following:

• The cost of repairing tools and other equipment that are damaged during the emergency response
• The cost of replacing single-use equipment and supplies, such as packaging, personal protective equipment, personal protective clothing, chemicals, and other consumables, that are reasonably required for the emergency response
• The cost of replacing tools and other equipment that are lost during the implementation of the ERAP
• The cost of replacing tools and other equipment that are damaged beyond repair during the emergency response
• The cost of repairing or replacing personal property or movables or real property or immovables that have to be damaged during the emergency response
• The cost of defending any legal action for which there is no personal liability
• The cost of cleaning up after an incident, including handling and disposal costs for dangerous goods and contaminated materials

The following expenses are not authorized for compensation during an approved emergency response:

• The cost of purchasing new equipment to implement the approved ERAP
• The cost of lost business or production during the emergency response

Persons must submit claims for compensation and all supporting documentation to the Director General of the Transport Dangerous Goods Directorate, Department of Transport, no later than three months after completing the emergency response work.

To learn more about Transporting Dangerous Goods in Canada visit our Transporting Dangerous Good by Road & Rail Online Training web page.