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

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  • (b) the day on which it is repealed,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

• 30 (1) and (2) [Repealed, 2014, c. 20, s. 232]

• 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.