An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)
Full Document:
Assented to 2009-05-14
13. Subsections 14(1) and (2) of the Act are replaced by the following:
Marginal note:Financial responsibility
14. (1) No person shall import, offer for transport, handle or transport dangerous goods, or manufacture or import standardized means of containment, unless the person is financially responsible in accordance with the regulations.
Marginal note:Proof of financial responsibility
(2) A person who carries on any of those activities shall provide to an inspector on request the proof that is required under the regulations of financial responsibility.
14. Section 15 of the Act is replaced by the following:
Marginal note:Powers of inspector
15. (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 16 but at any reasonable time, stop any means of transport for which the inspector is designated and enter and inspect any place, or any such means of transport, if the inspector believes on reasonable grounds that in or on the place or means of transport there are
(a) dangerous goods being offered for transport, handled or transported;
(b) means of containment being manufactured, repaired or tested on which a compliance mark is displayed or will be affixed;
(c) standardized means of containment;
(d) books, shipping records, emergency response assistance plans, security plans or other documents that contain any information relevant to the purposes of this Act; or
(e) computer systems, data processing systems or any other electronic devices or media that contain information relevant to the purposes of this Act, or that have such information available to them.
Marginal note:Powers of inspector
(2) In the course of carrying out an inspection under subsection (1), an inspector may
(a) open and inspect, or request the opening and inspection of, any means of containment for which the inspector is designated, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the inspector believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport;
(b) open and inspect, or request the opening and inspection of, any means of containment described in paragraph (1)(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods;
(c) for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the inspector believes on reasonable grounds to be dangerous goods;
(d) examine, or request the examining of, information described in paragraph (1)(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any of it; and
(e) ask questions of any person for the purposes of this Act.
Marginal note:Authorized person
(3) An inspector may, in accordance with the regulations, authorize any qualified person to enter any place or means of transport that the inspector may enter under subsection (1) and to exercise any of the powers set out in subsection (2).
15. Paragraph 16(2)(b) of the English version of the Act is replaced by the following:
(b) entry is necessary for the purposes of this Act, and
16. The Act is amended by adding the following after section 16:
Marginal note:Certificate of inspection
16.1 (1) If an inspector or a person authorized under subsection 15(3) opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose.
Marginal note:Effect of inspector’s certificate
(2) The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the inspector or authorized person in the course of the inspection of the thing or the taking of the reasonable quantity from it, but is not otherwise exempt from compliance with this Act and the regulations.
17. Section 17 of the Act is replaced by the following:
Marginal note:Remedying non-compliance — dangerous goods
17. (1) An inspector may remove to an appropriate place any dangerous goods, the means of containment being used to handle or transport them or a standardized means of containment, or direct a person to do so, and may detain the thing removed until satisfied that the activity will be done in compliance with this Act, if the inspector believes on reasonable grounds that any of the following activities is being carried out in a way that does not comply with this Act:
(a) importing, offering for transport, handling or transporting dangerous goods; or
(b) selling, offering for sale, delivering, distributing, importing or using a standardized means of containment.
Marginal note:Other measures
(2) The inspector may also take any other measures necessary to remedy the non-compliance or direct a person to take the necessary measures.
Marginal note:Direction not to bring into Canada
(3) If the dangerous goods or means of containment originates from outside Canada and the inspector believes on reasonable grounds that measures to remedy the non-compliance are not possible or desirable, the inspector may direct that the goods or means of containment not be brought into Canada or that they be returned to their place of origin.
Marginal note:Persons liable to direction
(4) A direction may be issued under this section only to a person who, at the time of the non-compliance or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment.
18. (1) Subsection 18(1) of the Act is replaced by the following:
Marginal note:Duty to report
18. (1) Any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if the release endangers, or could endanger, public safety.
(2) Subsection 18(2) of the French version of the Act is replaced by the following:
Marginal note:Obligation de prendre des mesures d’urgence
(2) La personne tenue de faire rapport prend, dans les meilleurs délais possibles, les mesures d’urgence raisonnables pour atténuer ou prévenir tout danger pour la sécurité publique qui résulte d’un tel rejet ou qu’un tel rejet peut raisonnablement faire craindre.
(3) Section 18 of the Act is amended by adding the following after subsection (2):
Marginal note:Loss or theft
(3) If dangerous goods in excess of a quantity or concentration that is specified by regulation are lost or stolen during their handling or transporting, any person who had the charge, management or control of the goods immediately before the loss or theft shall report it to every person prescribed for the purposes of this subsection.
19. Sections 19 and 20 of the Act are replaced by the following:
Marginal note:Grounds for intervention
19. (1) If an inspector believes on reasonable grounds that doing so is necessary to prevent an anticipated release of dangerous goods that could endanger public safety, or to reduce any danger to public safety that results or could result from an actual release of dangerous goods, the inspector may do any of the following:
(a) remove the dangerous goods, or a means of containment being used to handle or transport the dangerous goods, to an appropriate place, or direct a person to remove the dangerous goods or the means of containment to such a place;
(b) direct a person to do anything else to prevent the release or reduce any resulting danger to public safety, or to refrain from doing anything that might impede the prevention of the release or the reduction of the danger; and
(c) exercise any power set out in section 15.
Marginal note:Persons liable to direction
(2) Such a direction may be issued only to any person
(a) who, when the release occurs or is anticipated or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment;
(b) who is required under section 7 to have an emergency response assistance plan that applies to the actual or anticipated release;
(c) who is responding to the actual or anticipated release in accordance with an emergency response assistance plan approved under section 7; or
(d) who causes or contributes to the occurrence of the actual or anticipated release.
PERSONAL LIABILITY
Marginal note:Personal liability
20. The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence:
(a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release;
(b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and
(c) any person who acts in accordance with an authorization given under paragraph 7.1(b).
20. Subsection 21(1) of the Act is replaced by the following:
Marginal note:Minister may order inquiry
21. (1) If a release of dangerous goods from a means of containment being used to handle or transport dangerous goods has resulted in death or injury to any person or damage to any property or the environment, the Minister may direct a public inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and may authorize any person or persons that the Minister considers qualified to conduct the inquiry.
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