Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

2 In this Act,

accidental release

accidental release[Repealed, 2009, c. 9, s. 1]

compliance mark

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

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

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

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import[Repealed, 2009, c. 9, s. 1]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

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

means of containment

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

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

Minister means the Minister of Transport; (ministre)

organization

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

person

person means an individual or an organization; (personne)

prescribed

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

public safety

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

release

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

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

safety requirement

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

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

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

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

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

vessel

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

Marginal note:Interpretation

2.1 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.

Application of Act

Marginal note:Binding on Her Majesty

• 3 (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.

Agreement with Provinces

Marginal note:Agreement with provinces

• 4 (1) The Minister may

  • (a) with the approval of the Governor in Council, enter into an agreement with one or more provincial governments with respect to the administration of this Act; and

  • (b) subject to such terms and conditions as the Governor in Council may specify in the approval, agree to amendments to the agreement.

• Marginal note:Publication

  (2) The Minister shall make the agreement public.

Safety and Security

Safety Requirements, Security Requirements, Safety Standards and Safety Marks

Marginal note:General prohibition

5 No person shall import, offer for transport, handle or transport any dangerous goods unless

• (a) the person complies with all safety requirements and security requirements that apply under the regulations;

• (b) the goods are accompanied by all documents that are required under the regulations;

• (c) a means of containment is used for the goods that is required or permitted under the regulations; and

• (d) the means of containment and means of transport comply with all safety standards that apply under the regulations and display all applicable safety marks in accordance with the regulations.

Marginal note:Prohibition — means of containment

5.1 No person shall design, manufacture, repair, test or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations.

Compliance Marks and Dangerous Goods Marks

Marginal note:Prohibition — compliance mark

6 No person shall affix or display on a means of containment a compliance mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — in respect of the manufacture, repair or testing of the means of containment, unless the manufacture, repair or testing was done in compliance with all safety requirements and safety standards applicable to that compliance mark.

Marginal note:Prohibition — dangerous goods mark

6.1 No person shall affix or display on dangerous goods, a means of containment or a means of transport a dangerous goods mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — if the mark is misleading as to the presence of danger or the nature of any danger.

Emergency Response Assistance Plans and Security Plans

Emergency Response Assistance Plans

Marginal note:Emergency response assistance plan

• 7 (1) No person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — unless the person has an emergency response assistance plan that is approved under this section before

  • (a) importing the dangerous goods;

  • (b) offering the dangerous goods for transport; or

  • (c) handling or transporting the dangerous goods, in the case where no other person is required to have an emergency response assistance plan under paragraph (a) or (b) in respect of that handling or transporting.

• Marginal note:Contents

  (2) The plan shall outline what is to be done to respond to an actual or anticipated release of the dangerous goods in the course of their handling or transporting that endangers, or could endanger, public safety.

• Marginal note:Approval

  (3) The Minister may approve the plan for a specified period, if the Minister believes on reasonable grounds that it can be implemented and will be effective in responding to such a release.

• Marginal note:Interim approval

  (4) The Minister may grant an interim approval of the plan for a specified period before finishing the investigation of the matters to be considered under subsection (3) if the Minister has no reason to suspect that the plan cannot be implemented or will be ineffective in responding to such a release.

• Marginal note:Revocation of approval

  (5) The Minister may revoke an approval of an emergency response assistance plan if

  • (a) in the case of an interim approval, the Minister subsequently believes on reasonable grounds that the plan cannot be implemented or will be ineffective in responding to such a release;

  • (b) the Minister believes on reasonable grounds that the plan can no longer be implemented or will no longer be effective in responding to such a release;

  • (c) the Minister has requested changes to the plan that the Minister believes on reasonable grounds are needed to make it effective in responding to such a release and the changes have not been made within a reasonable time or have been refused;

  • (d) the Minister believes on reasonable grounds that there has been a release of dangerous goods to which the plan applies — or that such a release has been anticipated — and that the plan was not used to respond to the actual or anticipated release; or

  • (e) a direction made in respect of the plan under paragraph 7.1(a) has not been complied with.

Marginal note:Direction and permission

7.1 The Minister may, if the Minister believes that doing so is necessary for the protection of public safety,

• (a) direct a person with an approved emergency response assistance plan to implement the plan, within a reasonable time as specified in the direction, in order to respond to an actual or anticipated release of dangerous goods to which the plan applies; or

• (b) authorize a person with an approved emergency response assistance plan to implement the plan in order to respond to an actual or anticipated release of dangerous goods if the Minister does not know the identity of any person required under subsection 7(1) to have an emergency response assistance plan in respect of the release.

Marginal note:Compensation

• 7.2 (1) The Minister shall compensate, in accordance with the regulations, any person who is authorized to implement an approved emergency response assistance plan under paragraph 7.1(b) for expenses authorized to be compensated under the regulations that are incurred by that person as a result of implementing the plan.

• Marginal note:Payment out of C.R.F.

  (2) The compensation shall be paid out of the Consolidated Revenue Fund.

Security Plans

Marginal note:Security plan

• 7.3 (1) No prescribed person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — before the person has undergone security training in accordance with the regulations, has a security plan that meets the requirements of subsection (2) and has implemented the plan in accordance with the regulations.

• Marginal note:Contents

  (2) The plan shall, in accordance with the regulations, set out measures to prevent the dangerous goods from being stolen or otherwise unlawfully interfered with in the course of the importing, offering for transport, handling or transporting.

Means of Containment

Marginal note:Improper means of containment

8 No person shall sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it displays all applicable safety marks in accordance with the regulations.

Marginal note:Supply records

• 9 (1) A manufacturer or importer of standardized means of containment shall keep records of the persons to whom the manufacturer or importer supplies the means of containment.

• Marginal note:Notice of defective construction or recall

  (2) If the Minister believes on reasonable grounds that any standardized means of containment is unsafe as supplied by the manufacturer or as imported for handling or transporting dangerous goods, the Minister may direct the manufacturer or importer to issue a notice of defective construction or recall to the person to whom it was supplied.

• Marginal note:Notice of defective repair or defective testing

  (3) The Minister may direct a person who repaired or tested a standardized means of containment to issue a notice of defective repair or defective testing, as the case may be, to the person for whom it was repaired or tested, or to publish the notice in a manner such that the notice is likely to come to that person’s attention, if the Minister believes on reasonable grounds that the person who repaired or tested the standardized means of containment

  • (a) failed to comply with an applicable safety requirement or safety standard; and

  • (b) affixed to the standardized means of containment — or did not remove from it — the safety mark that indicates that the safety requirement or safety standard had been complied with.

Inspectors

Marginal note:Designation of inspectors

• 10 (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for any of the purposes of this Act, and may revoke such a designation.

• Marginal note:Certificate of designation

  (2) The Minister shall give every inspector a certificate of designation showing the matters in respect of which the inspector is designated, including the purposes, classes of dangerous goods, means of containment, means of transport and places for which the inspector is designated.

• Marginal note:Certificate to be shown

  (3) On entering any place or inspecting anything, an inspector shall show the certificate to the person in charge of the place or thing if the person requests proof of the inspector’s designation.

11 [Repealed, 2009, c. 9, s. 11]

12 [Repealed, 2009, c. 9, s. 11]

Marginal note:Obstruction of inspectors

• 13 (1) When an inspector is exercising powers or carrying out duties and functions under this Act, no person shall

  • (a) fail to comply with any reasonable request of the inspector;

  • (b) knowingly make any false or misleading statement either orally or in writing to the inspector;

  • (c) except with the authority of the inspector, remove, alter or interfere in any way with anything detained or removed by or under the direction of the inspector; or

  • (d) otherwise obstruct or hinder the inspector.

• Marginal note:Obstruction of qualified person

  (2) When a qualified person is exercising powers under subsection 15(3), no person shall

  • (a) fail to comply with any reasonable request of the qualified person;

  • (b) knowingly make any false or misleading statement either orally or in writing to the qualified person; or

  • (c) otherwise obstruct or hinder the qualified person.

Financial Responsibility

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.

• Marginal note:Limitation

  (3) This section does not apply to Her Majesty in right of Canada or a province or to the entities named in Schedules II and III to the Financial Administration Act.

Monitoring Compliance

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).

Marginal note:Warrant required to enter dwelling-place

• 16 (1) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (2) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

  • (a) the conditions for entry described in section 15 exist in relation to a dwelling-place,

  • (b) entry is necessary for the purposes of this Act, and

  • (c) entry has been refused or there are reasonable grounds for believing that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (3) The inspector who executes the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

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.

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.

Duty to Respond

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.

• Marginal note:Duty to take reasonable emergency measures

  (2) Every person required to make a report shall, as soon as possible in the circumstances, take all reasonable emergency measures to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from the release.

• 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.

Intervention

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).

Inquiries

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.

• Marginal note:Powers of persons conducting inquiries

  (2) For the purposes of the inquiry, any person authorized by the Minister has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

• Marginal note:Compatible procedures and practices

  (3) The person or persons authorized to conduct the inquiry shall ensure that, as far as practicable, the procedures and practices for the inquiry are compatible with any investigation procedures and practices followed by any appropriate provincial authorities, and may consult with those authorities concerning compatible procedures and practices.

• Marginal note:Report

  (4) As soon as possible after the inquiry is concluded, the person or persons authorized to conduct the inquiry shall submit a report with recommendations to the Minister, together with all the evidence and other material that was before the inquiry.

• Marginal note:Publication

  (5) The Minister shall publish the report within thirty days after receiving it.

• Marginal note:Copies of report

  (6) The Minister may supply copies of the report in any manner and on any terms that the Minister considers proper.

Recovery of Costs and Expenses

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

• 22 (1) Her Majesty in right of Canada may recover the costs and expenses reasonably incurred while taking any measures under section 17 or 19.

• Marginal note:Persons liable

  (2) The costs and expenses may be recovered jointly and severally from any persons who, through their fault or negligence or that of others for whom they are by law responsible, caused or contributed to the circumstances necessitating the measures.

• Marginal note:Presumption

  (3) For the purposes of proceedings under this section, a defendant engaged in an activity in relation to which this Act applies shall be presumed to have been at fault or negligent unless it is established, on a balance of probabilities, that the defendant and any others for whom the defendant is by law responsible took all reasonable measures to comply with this Act and the regulations.

• Marginal note:Procedure

  (4) All claims under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken for the claims in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• Marginal note:Recourse or indemnity

  (5) This section does not limit or restrict any right of recourse or indemnity that any person who is liable under subsection (1) may have against any other person.

• Marginal note:Civil remedies

  (6) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is an offence under this Act or gives rise to liability under this section.

• Marginal note:Operator’s liability under Nuclear Liability Act

  (7) Nothing in this section relieves an operator, as defined in section 2 of the Nuclear Liability Act, from any duty or liability imposed on the operator under that Act.

• Marginal note:Limitation period

  (8) Proceedings in respect of a claim under this section may be instituted no later than two years after the day the events in respect of which the proceedings are instituted occurred or became evident.

Disclosure of Information

Marginal note:Notice for disclosure of information

• 23 (1) The Minister may, by registered mail, send a written notice to any manufacturer, producer, distributor or importer of any product, substance or organism requesting the disclosure of information relating to its formula, composition or chemical ingredients and any similar information that the Minister considers necessary for the administration or enforcement of this Act.

• Marginal note:Disclosure

  (2) A person who receives a notice shall disclose the requested information to the Minister within the time and in the manner specified in the notice.

Marginal note:Privileged information

• 24 (1) The following information is privileged:

  • (a) information disclosed under section 23 and information of a similar nature obtained by an inspector under section 15;

  • (b) information in a record of a communication between any person and the Canadian Transport Emergency Centre of the Department of Transport relating to an actual or anticipated release of dangerous goods; and

  • (c) information relating to security that is obtained under paragraph 15(2)(d).

• Marginal note:Exceptions

  (2) Information is not privileged to the extent that it

  • (a) relates only to the dangerous properties of a product, substance or organism without revealing its formula, composition or chemical ingredients; or

  • (b) is required to be disclosed or communicated for the purposes of an emergency involving public safety.

• Marginal note:Evidence in legal proceedings

  (3) Despite any other Act or law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or to give evidence relating to it unless the proceedings relate to the administration or enforcement of this Act.

• Marginal note:Disclosure

  (4) No person shall knowingly communicate privileged information or allow it to be communicated to any person, or allow any other person to have access to the information, except

  • (a) with the written consent of the person from whom the information was obtained under section 15 or who disclosed the information under section 23 or in a record of a communication referred to in paragraph (1)(b);

  • (b) for the purposes of the administration or enforcement of this Act, in the case of information obtained under section 15 or disclosed under section 23; or

  • (c) to an inspector for the purposes of emergency response analysis or training of inspectors, in the case of information obtained in a record of a communication referred to in paragraph (1)(b).

Research and Advice

Marginal note:Technical research and publication

25 The Minister may

• (a) conduct, alone or in cooperation with any government, agency, body or person, whether Canadian or not, programs of technical research and investigation into the development and improvement of safety marks, safety requirements, safety standards and regulations under this Act and coordinate the programs with similar programs undertaken in Canada; and

• (b) have information relating to the programs or their results published and distributed in a form and manner that are most useful to the public, the Government of Canada and the governments of the provinces.

Marginal note:Advisory councils

• 26 (1) The Minister may, by order,

  • (a) establish one or more advisory councils to advise the Minister on matters concerning existing or proposed safety marks, safety requirements and safety standards or on any other matters specified in the order;

  • (b) specify the period or periods during which the councils are to serve; and

  • (c) provide for any matters relating to the councils or their members as the Minister considers necessary.

• Marginal note:Membership

  (2) The Minister may determine the membership of any advisory council after any consultation that the Minister considers appropriate with the representatives of the transportation and related industries, the governments of the provinces, other interested persons and bodies and the public.

Regulations, Measures and Orders

Marginal note:Regulations

• 27 (1) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act, including regulations

  • (a) prescribing products, substances and organisms to be included in the classes listed in the schedule;

  • (b) establishing divisions, subdivisions and groups of dangerous goods and of the classes of dangerous goods;

  • (c) specifying, for each product, substance and organism prescribed under paragraph (a), the class, division, subdivision or group into which it falls;

  • (d) determining or providing the manner of determining the class, division, subdivision or group into which dangerous goods not prescribed under paragraph (a) fall;

  • (e) exempting from the application of this Act and the regulations, or any of their provisions, the importing, offering for transport, handling or transporting of dangerous goods;

  • (f) respecting, for the purposes of paragraph (e), any quantities or concentrations of dangerous goods or ranges of them, respecting the manner of determining those quantities, concentrations or ranges and respecting any circumstances or conditions — including circumstances or conditions regarding premises, facilities or means of containment — under which an activity is exempted under paragraph (e);

  • (g) respecting circumstances in which any activity or thing is under the sole direction or control of the Minister of National Defence;

  • (h) respecting circumstances in which dangerous goods must not be imported, offered for transport, handled or transported;

  • (i) specifying dangerous goods that must not be imported, offered for transport, handled or transported in any circumstances;

  • (j) respecting safety marks, safety requirements and safety standards of general or particular application;

  • (j.1) requiring safety management systems to be established by prescribed persons or classes of persons with respect to specified quantities or concentrations of dangerous goods or ranges of them, specifying those quantities, concentrations or ranges, respecting the manner of determining those quantities, concentrations or ranges and respecting the content or requirements of those systems;

  • (j.2) respecting, in respect of particular dangerous goods, or classes, divisions, subdivisions and groups of dangerous goods, the means of containment to be used in importing, offering for transport, handling or transporting those goods;

  • (k) specifying quantities or concentrations of dangerous goods, or ranges of them, in relation to which emergency response assistance plans are required to be approved under section 7, and respecting the manner of determining those quantities, concentrations or ranges;

  • (k.1) respecting the information to be provided in an application for approval of the emergency response assistance plan referred to in section 7;

  • (k.2) respecting compensation of persons under section 7.2, and specifying the expenses that are authorized to be compensated;

  • (l) respecting the manner in which records are to be kept under section 9, the information to be included in them and the notices to be issued under that section;

  • (m) respecting the issuance of notices under section 9, and the contents of those notices;

  • (n) respecting shipping records and other documents to be used in offering for transport, handling or transporting dangerous goods, the information to be included in those documents and the persons by whom and the manner in which they are to be used and kept;

  • (o) respecting the qualification, training and examination of inspectors, prescribing the forms of the certificates described in sections 10 and 16.1 and respecting the manner in which inspectors are to carry out their duties and functions under this Act;

  • (p) respecting levels of financial responsibility required under subsection 14(1) in respect of any activity referred to in that subsection, and the nature and form of proof that may be requested under subsection 14(2);

  • (p.1) respecting the authorization of qualified persons referred to in subsection 15(3) and the manner in which they may exercise powers set out in subsection 15(2);

  • (q) specifying quantities or concentrations of dangerous goods or ranges of them for the purposes of section 18, and respecting the manner of determining those quantities, concentrations or ranges;

  • (r) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required;

  • (r.1) respecting the information to be provided in an application for a certificate under section 31;

  • (s) respecting the manner of applying for, issuing and revoking approvals of emergency response assistance plans under section 7 or certificates under section 31 and providing for the appeal or review of a refusal to issue an approval or certificate or of a revocation of one;

  • (t) providing for the notification of persons directed to do anything under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1), for the coming into effect, duration and appeal or review of those directions and for any other incidental matters;

  • (u) respecting the manner in which amounts are to be paid under paragraph 34(1)(d); and

  • (v) prescribing persons or classes of persons who are to be prescribed under this Act.

• Marginal note:References in regulations

  (2) The regulations may refer to any document, in whole or in part, as it exists when the regulations are made and, for the purpose of providing for alternative ways of complying with this Act, may refer to any of the following documents as amended from time to time:

  • (a) the International Maritime Dangerous Goods Code published by the International Maritime Organization;

  • (b) the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization; and

  • (c) Title 49 of the Code of Federal Regulations of the United States.

Marginal note:Security regulations

• 27.1 (1) The Governor in Council may make regulations respecting the security of the importing, offering for transport, handling or transporting of dangerous goods, including regulations

  • (a) respecting the prevention of unlawful interference with the importing, offering for transport, handling or transporting of dangerous goods and the action that is to be taken if that interference occurs or is likely to occur;

  • (b) prescribing persons or classes of persons, specifying quantities or concentrations of dangerous goods or ranges of them, and respecting the manner of determining those quantities, concentrations or ranges, for the purposes of section 5.2;

  • (c) respecting the conditions that a person is to meet to receive a transportation security clearance;

  • (d) respecting the manner of applying for, issuing, suspending and revoking a transportation security clearance and providing for the appeal or review of a refusal to issue such a clearance or of a suspension or revocation of one;

  • (e) prescribing persons or classes of persons, respecting the contents and implementation of security plans, and specifying quantities or concentrations of dangerous goods or ranges of them, for the purposes of subsection 7.3(1);

  • (f) respecting security training, including its content and its implementation, and the measures described in subsection 7.3(2);

  • (g) requiring security management systems to be established by prescribed persons or classes of persons with respect to specified quantities or concentrations of dangerous goods or ranges of them, specifying those quantities, concentrations or ranges and respecting the content or requirements of those systems;

  • (h) establishing security requirements for equipment, systems and processes used in importing, offering for transport, handling or transporting dangerous goods, including means of transport tracking and identification protocols;

  • (i) respecting the provision to the Minister of security-related information;

  • (j) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required; and

  • (k) prescribing persons or classes of persons who are to be prescribed under this Act.

• Marginal note:References in regulations

  (2) The regulations may refer to any document, in whole or in part, as it exists when the regulations are made.

Marginal note:Security measures

• 27.2 (1) The Minister may make measures — referred to in this Act as security measures — respecting the security of the importing, offering for transport, handling or transporting of dangerous goods.

• Marginal note:Restriction

  (2) The Minister may make a security measure in relation to a particular matter only if

  • (a) a regulation could be made in relation to that matter under subsection 27.1(1); and

  • (b) the publication of the regulation would compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or would endanger public safety.

• Marginal note:Review

  (3) A security measure comes into force immediately when it is made, but the Minister shall review the security measure within two years after the day on which it is made and within every following two years to determine whether the disclosure of the particular matter that is the subject of the security measure would no longer compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or endanger public safety.

• Marginal note:Suspension of s. 27.5(1) and repeal of security measure

  (4) If the Minister is of the opinion that the disclosure of the particular matter that is the subject of a security measure would no longer compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or endanger public safety, the Minister shall

  • (a) within 23 days after the day on which the Minister forms that opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and states that subsection 27.5(1) no longer applies in respect of the security measure; and

  • (b) repeal the security measure before the earlier of

    • (i) the day that is one year after the day on which the notice is published, and

    • (ii) the day on which a regulation is made under subsection 27.1(1) in respect of the matter dealt with by the security measure.

• Marginal note:Effect of notice

  (5) If a notice is published under paragraph (4)(a), subsection 27.5(1) ceases to apply in respect of the security measure as of the day the notice is published.

• Marginal note:Consultation

  (6) Before making a security measure, the Minister shall consult with any person or organization that the Minister considers appropriate in the circumstances.

• Marginal note:Exception

  (7) Subsection (6) does not apply if, in the opinion of the Minister, the security measure is immediately required for the security of the importing, offering for transport, handling or transporting of dangerous goods or for public safety.

Marginal note:Deputy may make security measures

• 27.3 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister specifies, security measures whenever the deputy is of the opinion that the measures are immediately required for public safety, provided that the conditions in paragraphs 27.2(2)(a) and (b) are met.

• Marginal note:Duration

  (2) The security measure comes into force immediately when it is made but ceases to have force 90 days after the day on which it is made unless the Minister or his or her deputy repeals it earlier.

Marginal note:Relationship with regulations

• 27.4 (1) A security measure may provide that it applies in lieu of or in addition to any regulation under subsection 27.1(1).

• Marginal note:Conflict

  (2) If there is a conflict between a regulation under subsection 27.1(1) and a security measure, the security measure prevails to the extent of the conflict.

Marginal note:Unauthorized disclosure — security measures

• 27.5 (1) Unless the Minister states under subsection 27.2(4) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give the security measure effect.

• Marginal note:Court to inform Minister

  (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

• Marginal note:Order

  (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in the security of the importing, offering for transport, handling or transporting of dangerous goods, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that it considers appropriate, and may require any person to give evidence that relates to the security measure.

Marginal note:Interim orders

• 27.6 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under subsection 27.1(1) if the Minister believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods or to public safety.

• Marginal note:Deputy may make interim orders

  (2) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister specifies, an interim order whenever the deputy believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods or to public safety.

• Marginal note:Duration

  (3) An interim order comes into force immediately when it is made but ceases to have effect on the earliest of

  • (a) the day that is 14 days after the day on which it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under subsection 27.1(1) that has the same effect as the interim order comes into force, and

  • (d) the day that is two years after the day on which the interim order is made or that is at the end of any shorter period that the interim order specifies.

• Marginal note:Publication

  (4) An interim order shall be published in the Canada Gazette within 23 days after the day on which it is made.

• Marginal note:Tabling of order

  (5) A copy of each interim order shall be tabled in each House of Parliament within 15 days after the day on which it is made.

• Marginal note:House not sitting

  (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

Marginal note:Exemption from Statutory Instruments Act

• 27.7 (1) Security measures and interim orders are not statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Precondition for contravention

  (2) No person shall be found to have contravened any security measure, or any interim order that has not been published in the Canada Gazette under subsection 27.6(4) at the time of the alleged contravention, unless it is proved that, at the time of the alleged contravention, the person had been notified of the security measure or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

• Marginal note:Certificate

  (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the security measure or interim order was given to persons likely to be affected by it or that reasonable steps had been taken to bring its purport to their notice is, in the absence of evidence to the contrary, proof that notice was given to those persons.

28 [Repealed, 2009, c. 9, s. 27]

Marginal note:Ministerial fees orders

• 29 (1) The Minister may make orders fixing any fees or charges, or determining the manner of calculating any fees or charges, to be paid

  • (a) for services or the use of facilities provided by the Minister in the administration of this Act; or

  • (b) in relation to applying for transportation security clearances described in subsection 5.2(2), equivalency certificates described in subsection 31(1), approvals or registrations under this Act.

• Marginal note:Limitation

  (2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay the fees or charges.

Marginal note:Proposed regulations and orders to be published

• 30 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 27 or 27.1 and each order that the Minister proposes to make under section 29 shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the regulation or order.

• Marginal note:Single publication required

  (2) No proposed regulation or order need be published more than once, whether or not it is amended after that publication as a result of representations made by interested persons.

• Marginal note:Review of regulations — House of Commons

  (3) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.

• Marginal note:Review of regulations — Senate

  (4) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate.

Certificates and Directions

Marginal note:Equivalency certificate

• 31 (1) The Minister may issue an equivalency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the manner in which the authorized activity will be carried on provides a level of safety at least equivalent to that provided by compliance with this Act.

• Marginal note:Emergency certificate

  (2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety.

• Marginal note:Temporary certificate

  (2.1) The Minister may, in the public interest, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.

• Marginal note:Immunity

  (2.2) No action lies against Her Majesty in right of Canada, the Minister, his or her Deputy or any person employed in the Department of Transport for anything done or omitted to be done in good faith under subsection (2.1).

• Marginal note:Exemption from Statutory Instruments Act

  (3) An equivalency, emergency or temporary certificate is not a statutory instrument for the purposes of the Statutory Instruments Act and the contents of an emergency certificate or a temporary certificate may be issued orally, but the emergency certificate or temporary certificate shall be issued in writing as soon as possible and the writing is conclusive proof of its content.

• Marginal note:Terms and conditions

  (4) An equivalency, emergency or temporary certificate may include terms and conditions governing the authorized activity and, if any of the terms or conditions is not complied with in the course of carrying on the activity, the Act and regulations apply to the activity as though the certificate did not exist.

• Marginal note:Scope of certificate

  (5) An equivalency, emergency or temporary certificate may specify the persons who may carry on the activity and the dangerous goods or means of containment that it may involve.

• Marginal note:Revocation of certificate

  (6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.1), respectively, or the regulations have been amended and have the same effect as the certificate.

Marginal note:Protective directions

• 32 (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety.

• Marginal note:Emergency

  (2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and that cannot be effectively dealt with under any other provision of this Act.

• Marginal note:Revocation of protective direction

  (3) The Minister may suspend or revoke the direction if the Minister is satisfied that it is no longer needed.

Offences and Punishment

Marginal note:Contraventions

• 33 (1) Every person is guilty of an offence who contravenes a provision of

  • (a) this Act;

  • (b) a direction issued under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1);

  • (c) the regulations;

  • (d) a security measure; or

  • (e) an interim order.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is liable on indictment to imprisonment for a term not exceeding two years; or

  • (b) is liable on summary conviction to a fine not exceeding $50,000 for a first offence, and not exceeding $100,000 for each subsequent offence.

• Marginal note:Exemption from Statutory Instruments Act

  (3) For greater certainty, a direction referred to in paragraph (1)(b) is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under paragraph (1)(b) unless the person was notified of the direction and, if any applicable regulations have been made under paragraph 27(1)(t), the notification was in accordance with the regulations.

Marginal note:Court order

• 34 (1) Where a person is convicted of an offence, the court may make an order having any or all of the following effects:

  • (a) prohibiting the person for a period of not more than one year from engaging in any activity regulated under this Act;

  • (b) requiring the person to provide compensation, whether monetary or otherwise, for any remedial action taken or damage suffered by another person arising out of the commission of the offence;

  • (c) requiring the person to do anything that will assist in repairing any damage to the environment arising out of the commission of the offence; or

  • (d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety standards, or to pay an amount in accordance with the regulations to be used to conduct the research.

• Marginal note:Order additional to other punishment

  (2) The court may make the order in addition to any other punishment imposed on the person and shall have regard to the nature of the offence and the circumstances surrounding its commission.

• Marginal note:Monetary limit

  (3) The total value of what the person may be required to do under paragraphs (1)(b) to (d) in relation to a single offence must not exceed one million dollars.

• Marginal note:Breach of order

  (4) If the person contravenes or fails to comply with the order, the person is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars for each subsequent offence; or

  • (b) an indictable offence and liable to imprisonment for a term not exceeding two years.

Marginal note:Limitation period for summary conviction offences

35 Proceedings by way of summary conviction may be instituted at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.

Marginal note:Continuing offence

36 Where an offence is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Marginal note:Venue

37 A complaint or an information in respect of an offence may be heard, tried or determined by any competent court of criminal jurisdiction in a province if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Offences by employee, agent or mandatary

38 In any prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.

Marginal note:Representative of organization

39 If an organization commits an offence, a representative who plays an important role in the establishment of the organization’s policies or is responsible for managing an important aspect of the organization’s activities — and, in the case of a corporation, an officer, director, agent or mandatary — who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the organization has been prosecuted for the offence.

Marginal note:Defence

40 No person shall be found guilty of an offence if it is established that the person took all reasonable measures to comply with this Act or to prevent the commission of the offence.

Evidence

Marginal note:Certificate or report of inspector

• 41 (1) In any prosecution for an offence, a certificate, report or other document, appearing to have been signed by the Minister or by an inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

• Marginal note:Copies

  (2) In any prosecution for an offence, a copy made by an inspector under section 15 and appearing to have been certified under the inspector’s signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

• Marginal note:Notice

  (3) No certificate, report or copy shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report or copy.

Marginal note:Prima facie proof

42 In any prosecution for an offence, evidence that a means of containment or transport bore a dangerous goods mark — or another mark that is likely to be mistaken for a dangerous goods mark — or was accompanied by a shipping record is, in the absence of evidence to the contrary, proof of the presence and identification of dangerous goods indicated by the dangerous goods mark or other mark or the shipping record.

Consequential Amendments

43 to 45 [Amendments]

Bill C-13

46 [Amendment]

Repeal

47 [Repeal]