'The onus is on the City of Windsor': Loosened HAZMAT restrictions require city to step up

The busiest international crossing in North America is about to get busier — and it’s put the City of Windsor in a position to prepare for potential worst-case scenarios.

On Oct. 29, loosened restrictions will see more fuels and materials for batteries cross from the U.S. into Canada following an extensive review from the Michigan Department of Transportation (MDOT) despite the objection of Windsor officials.

“Some of these things are hazardous, they’re corrosive, they’re flammable,” said Marta Leardi-Anderson, the executive director of the Cross Border Institute. “I think the onus is on the City of Windsor to coordinate those emergency responses. Is it challenging? Sure, it is.”

The decision from American officials to allow more hazardous materials (HAZMAT) to cross has led to a messaging tug-of-war of sorts with local officials pointing the finger at the capital, calling on Ottawa to act, while the federal body responsible for HAZMAT regulations indicates its hands are tied.

City council has sent off two letters to federal ministers expressing concern and demanding action while Windsor Mayor Drew Dilkens has called into question Transport Canada’s response.

“Transport Canada can issue orders to the Ambassador Bridge,” Dilkens told reporters following the Sept. 23 council meeting. “They've done it before when there was falling concrete, when there have been other issues that have been deemed to be safety issues, you've seen Transport Canada move and act and require the Ambassador Bridge to do certain things.”

According to Transport Canada, if its HAZMAT regulations set out in the Transportation of Dangerous Goods Act are met, it has no power to stop the transport of those goods.

“Anyone importing, offering for transport, handling or transporting dangerous goods needs to comply with these requirements,” said Sau Sau Liu, a spokesperson for Transport Canada, in a statement to CTV Windsor. “There has been no change to the [Act] in relation to this matter.”

“Provincial, territorial and municipal authorities are responsible for oversight, routing decisions and restrictions on which roads within their jurisdiction can be used to transport dangerous goods,” the statement continued.

Ontario’s Ministry of Transportation (MTO) has also pointed to the municipal level of government for next steps.

“The Ministry of Transportation does not have the authority to direct routing from the Ambassador Bridge,” reads the statement from Kalem McSween, an MTO spokesperson. “This responsibility falls under municipal by-laws.”

Leardi-Anderson appreciates the trepidation over the movement of HAZMAT goods, but points to the multi-layered web of rules as appropriate safeguards to the responsible and efficient trade of goods supply chains on both sides of the border rely on.

“I think the mayor and city officials have every right to be concerned about the movement of these kinds of goods,” said Leardi-Anderson. “But let’s keep in mind as well … that some of these goods that are moved are necessary for other things to be produced as part of supply chains.”

Safety precautions

The change is coming about because of a request from the company that owns the Ambassador Bridge, the Detroit International Bridge Co. (DIBC), to modify the kinds of materials that could be carried across its span.

MDOT commissioned a technical study in June 2021 to evaluate the risks associated with the request and followed that with a series of consultations.

The DIBC has a fire suppression system and spill mitigation protocols in place and will only see restricted materials transported during off-peak hours under the supervision of vehicle escorts.

Leardi-Anderson, who previously worked as the vice president of procurement for the Gordie Howe International Bridge project, said while the nearly 100-year-old Ambassador Bridge doesn’t have the same built-in accommodations for HAZMAT transportation it carries the same regulatory burden.

“It’s not the case for the Ambassador Bridge; however, the Ambassador Bridge has to adhere to the rules and laws that were set out by MDOT and from what I read those rules are numerous,” said Leardi-Anderson.

Outside of Parliament passing new regulations into law that might stop the flow of HAZMAT goods across the aging bridge, it leaves the City of Windsor in a position to update its emergency preparedness and hope the worst doesn't come to pass.

Transport Canada statement

Transport Canada oversees the safety and security in the transportation of dangerous goods throughout Canada across all modes of transport, excluding pipelines. The Government of Canada has a robust regulatory framework for the storage, handling and transportation of dangerous goods, which reflects the strong collaboration between federal, provincial, territorial and municipal levels of government. This multijurisdictional approach meets industry and international best practices.

At the federal level, Transport Canada regulates the importing, offering for transport, handling or transporting of dangerous goods, including fuel and battery materials, through the Transportation of Dangerous Goods Act, 1992, but not the roads or bridges over which they travel, including international border crossings. There has been no change to the Transportation of Dangerous Goods Act and Regulations in relation to this matter. Anyone importing, offering for transport, handling or transporting dangerous goods needs to comply with these requirements.

Provincial and territorial regulations for the transportation of dangerous goods are developed to be consistent with the federal regulations. Provincial, territorial and municipal authorities are responsible for oversight, routing decisions and restrictions on which roads within their jurisdiction can be used to transport dangerous goods.

MTO statement

The Ministry of Transportation (MTO) does not have the authority to direct routing from the Ambassador Bridge. This responsibility falls under municipal by-laws, as the streets immediately fed by the bridge are managed by the City of Windsor.

Transportation of Dangerous Goods is regulated Canada-wide by the federal Transportation of Dangerous Goods Act, administered by Transport Canada. Provincially, MTO oversees the provincial legislation, Dangerous Goods Transportation Act (DGTA), which adopts the federal standards.