Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Act current to 2016-09-18 and last amended on 2015-02-26. Previous Versions

Transportation of Dangerous Goods Act, 1992

S.C. 1992, c. 34

Assented to 1992-06-23

An Act to promote public safety in the transportation of dangerous goods

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Transportation of Dangerous Goods Act, 1992.

Interpretation

Marginal note:Definitions

 In this Act,

accidental release

accidental release[Repealed, 2009, c. 9, s. 1]

compliance mark

indication de conformité

compliance mark means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed on a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods to indicate compliance with a safety standard that applies under the regulations; (indication de conformité)

dangerous goods

marchandises dangereuses

dangerous goods means a product, substance or organism included by its nature or by the regulations in any of the classes listed in the schedule; (marchandises dangereuses)

dangerous goods mark

indication de marchandises dangereuses

dangerous goods mark means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed to indicate the presence or nature of danger on dangerous goods, or on a means of containment or means of transport used in importing, offering for transport, handling or transporting dangerous goods; (indication de marchandises dangereuses)

handling

manutention

handling means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation; (manutention)

import

import[Repealed, 2009, c. 9, s. 1]

inspector

inspecteur

inspector means a person designated as an inspector under subsection 10(1); (inspecteur)

means of containment

contenant

means of containment means a container or packaging, or any part of a means of transport that is or can be used to contain goods; (contenant)

means of transport

moyen de transport

means of transport means a road or railway vehicle, aircraft, vessel, pipeline or any other contrivance that is or can be used to transport persons or goods; (moyen de transport)

Minister

ministre

Minister means the Minister of Transport; (ministre)

organization

organisation

organization has the same meaning as in section 2 of the Criminal Code; (organisation)

person

personne

person means an individual or an organization; (personne)

prescribed

Version anglaise seulement

prescribed means prescribed by regulations of the Governor in Council; (Version anglaise seulement)

public safety

sécurité publique

public safety means the safety of human life and health and of property and the environment; (sécurité publique)

release

rejet

release means, in relation to dangerous goods,

  • (a) a discharge, emission, explosion, outgassing or other escape of dangerous goods, or any component or compound evolving from dangerous goods, from a means of containment being used to handle or transport the dangerous goods, or

  • (b) an emission, from a means of containment being used to handle or transport dangerous goods, of ionizing radiation that exceeds a level or limit established under the Nuclear Safety and Control Act; (rejet)

safety mark

indication de sécurité

safety mark means a dangerous goods mark or a compliance mark; (indication de sécurité)

safety requirement

règle de sécurité

safety requirement means

  • (a) a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods,

  • (b) a requirement for persons engaged in designing, manufacturing, repairing, testing or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or

  • (c) a requirement for reporting by persons referred to in paragraphs (a) and (b) or a requirement for their training or registration; (règle de sécurité)

safety requirements

safety requirements[Repealed, 2009, c. 9, s. 1]

safety standard

norme de sécurité

safety standard means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, testing, equipping, functioning, use or performance; (norme de sécurité)

safety standards

safety standards[Repealed, 2009, c. 9, s. 1]

security requirement

règle de sûreté

security requirement means a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods established under regulations made under section 27.1; (règle de sûreté)

ship

ship[Repealed, 2009, c. 9, s. 1]

shipping record

registre d’expédition

shipping record means a record that relates to dangerous goods being imported, offered for transport, handled or transported and that describes or contains information relating to the goods, and includes electronic records of information; (registre d’expédition)

standardized means of containment

contenant normalisé

standardized means of containment means a means of containment to which a safety standard applies under the regulations; (contenant normalisé)

vessel

bâtiment

vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

  • 1992, c. 34, s. 2;
  • 1997, c. 9, s. 122;
  • 1999, c. 31, s. 212(E);
  • 2009, c. 9, s. 1.
Marginal note:Interpretation

 For the purposes of this Act, a person who is named in a shipping record accompanying dangerous goods or a means of containment on entry into Canada as the person in Canada to whom the dangerous goods or the means of containment is to be delivered is deemed to be importing the dangerous goods or means of containment.

  • 2009, c. 9, s. 2.

Application of Act

Marginal note:Binding on Her Majesty
  •  (1) This Act is binding on Her Majesty in right of Canada or a province.

  • Marginal note:Application

    (2) In addition to its application in Canada, this Act applies to vessels and aircraft outside Canada that are registered in Canada.

  • Marginal note:Exceptions — regulations and certificates

    (3) This Act does not apply to the extent that its application is excluded by a regulation made under paragraph 27(1)(e) or by a certificate issued under section 31.

  • Marginal note:Other exceptions

    (4) This Act does not apply in relation to

    • (a) any activity or thing under the sole direction or control of the Minister of National Defence, including in circumstances in which the regulations provide that it is under that Minister’s sole direction or control;

    • (b) commodities transported by a pipeline governed by the National Energy Board Act, the Canada Oil and Gas Operations Act or the law of a province; or

    • (c) dangerous goods confined only by the permanent structure of a vessel.

  • 1992, c. 34, s. 3;
  • 2009, c. 9, s. 3.
 
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