Emergency response assistance plan (ERAP)

An ERAP is a plan that outlines what is to be done to respond to an actual or anticipated release of dangerous goods in transport that endangers, or could endanger, public safety. A buyer of a dangerous-goods hauler meets it as an approval that supports particular shipments. The trucking business buyer checklist shows where it sits in diligence.

What the Act and Transport Canada say

Section 7(1) of the federal Transportation of Dangerous Goods Act, 1992 says no person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration specified by regulation, or within a range specified by regulation, unless the person has an emergency response assistance plan approved under that section. A handler or transporter needs one only where no importer or offeror is required to have one for that handling or transporting. Transport Canada says that if you require an ERAP you may not need to apply, because, if authorized, you can use another person’s approved ERAP that covers the goods, modes of transport, means of containment and geographical areas, but an authorized user remains the person who requires the approved ERAP and is responsible for the response to a release. It also says an expired ERAP is no longer valid, even while Transport Canada reviews your application or asks for changes.

What to check or ask

• Whether the business holds its own approved ERAP or relies on another person’s, and on what authority.
• Whether the plan covers the goods, modes, containers and areas actually moved.
• Whether the approval is current. See transportation of dangerous goods certificate.