Transportation of Dangerous Goods Act, 1992

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 handling, offering for transport, transporting or importing of dangerous goods in any quantities or concentrations, in any circumstances, at any premises, facilities or other places, for any purposes or in any means of containment that may be specified in the regulations;

  • (f) prescribing the manner of identifying any quantities or concentrations of dangerous goods exempted under paragraph (e);

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

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

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

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

  • (k) prescribing quantities or concentrations of dangerous goods in relation to which emergency response assistance plans must be approved under section 7;

  • (l) prescribing the manner in which records must be kept under section 9, the information that must be included in the records and the notices that must be given under that section;

  • (m) governing the issuance of notices under section 9;

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

  • (o) governing the qualification, training and examination of inspectors, prescribing the forms of the certificates referred to in sections 10 and 11 and prescribing the manner in which inspectors must carry out their duties and functions under this Act;

  • (p) prescribing the manner of determining the financial responsibility required under subsection 14(1) and prescribing the form of proof that may be requested under subsection 14(2);

  • (q) prescribing quantities or concentrations of dangerous goods for the purposes of subsection 18(1);

  • (r) prescribing persons to receive reports under subsection 18(1), the manner of making the reports, the information that must be included in them and the circumstances in which they need not be made;

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

  • (t) providing for the notification of persons directed to do anything under section 9, 17, 19 or 32, for the effect, duration and appeal or review of those directions and for any other incidental matters; and

  • (u) prescribing the manner in which amounts are to be paid under paragraph 34(1)(d).

• Marginal note:References in regulations

  (2) The regulations may refer to any document as it exists when the regulations are made and, for the purpose of prescribing 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.