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

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 and Compensation Act

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