['Dangerous goods']
['Emergency response assistance plan - Dangerous Goods']
06/25/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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7.9 (1) If a person implements an approved ERAP in accordance with paragraph 7.1(b) of the Act, the following expenses are authorized for the purposes of compensation under section 7.2 of the Act:
(a) expenses related to the death, disability or injury of the person or to the death, disability or injury of any of the person's employees or contractors if
(i) the person, the employee or the contractor is killed, disabled or injured during the implementation of the ERAP, and
(ii) the death, disability or injury is the result of an act or omission that was committed by the person in good faith and without negligence;
(b) the cost of the person's employees or contractors who are reasonably required to implement the ERAP;
(c) the cost of using the person's tools and other equipment, such as vehicles, pumps, hoses and generators, that are reasonably required to implement the ERAP;
(d) travel expenses, such as those incurred for meals, accommodation, fuel, oil and flights, for persons who are reasonably required to implement the ERAP;
(e) rental fees for heavy equipment, such as cranes, bulldozers, pumps, compressors and generators, that are reasonably required to implement the ERAP;
(f) other overhead costs that can reasonably be attributed to the implementation of the ERAP;
(g) the cost of repairing tools and other equipment that are damaged during the implementation of the ERAP;
(h) the cost of replacing
(i) single-use equipment and supplies, such as packaging, personal protective equipment, personal protective clothing, chemicals and other consumables, that are reasonably required to implement the ERAP,
(ii) tools and other equipment that are lost during the implementation of the ERAP, and
(iii) tools and other equipment that are damaged beyond repair during the implementation of the ERAP;
(i) the cost of repairing or replacing personal property or movables or real property or immovables that have to be damaged to implement the ERAP;
(j) the cost of defending any legal action for which there is no personal liability under paragraph 20(c) of the Act; and
(k) the cost of cleaning up after an incident, including handling and disposal costs for dangerous goods and contaminated materials.
(2) The following expenses are not authorized for the purposes of compensation under section 7.2 of the Act:
(a) the cost of purchasing new equipment to implement the approved ERAP; and
(b) the cost of lost business or production during the implementation of the approved ERAP.
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['Dangerous goods']
['Emergency response assistance plan - Dangerous Goods']
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