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

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accidental release[Repealed, 2009, c. 9, s. 1]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import[Repealed, 2009, c. 9, s. 1]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 Canadian Energy Regulator 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.