Transportation of Dangerous Goods Act, 1992

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).