An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)
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Assented to 2009-05-14
1992, c. 34TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
9. The heading before section 10 of the Act is replaced by the following:
INSPECTORS
10. Subsections 10(1) and (2) of the Act are replaced by the following:
Marginal note:Designation of inspectors
10. (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for any of the purposes of this Act, and may revoke such a designation.
Marginal note:Certificate of designation
(2) The Minister shall give every inspector a certificate of designation showing the matters in respect of which the inspector is designated, including the purposes, classes of dangerous goods, means of containment, means of transport and places for which the inspector is designated.
Marginal note:1994, c. 26, s. 70
11. Sections 11 and 12 of the Act are repealed.
12. Section 13 of the Act is replaced by the following:
Marginal note:Obstruction of inspectors
13. (1) When an inspector is exercising powers or carrying out duties and functions under this Act, no person shall
(a) fail to comply with any reasonable request of the inspector;
(b) knowingly make any false or misleading statement either orally or in writing to the inspector;
(c) except with the authority of the inspector, remove, alter or interfere in any way with anything detained or removed by or under the direction of the inspector; or
(d) otherwise obstruct or hinder the inspector.
Marginal note:Obstruction of qualified person
(2) When a qualified person is exercising powers under subsection 15(3), no person shall
(a) fail to comply with any reasonable request of the qualified person;
(b) knowingly make any false or misleading statement either orally or in writing to the qualified person; or
(c) otherwise obstruct or hinder the qualified person.
13. Subsections 14(1) and (2) of the Act are replaced by the following:
Marginal note:Financial responsibility
14. (1) No person shall import, offer for transport, handle or transport dangerous goods, or manufacture or import standardized means of containment, unless the person is financially responsible in accordance with the regulations.
Marginal note:Proof of financial responsibility
(2) A person who carries on any of those activities shall provide to an inspector on request the proof that is required under the regulations of financial responsibility.
14. Section 15 of the Act is replaced by the following:
Marginal note:Powers of inspector
15. (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 16 but at any reasonable time, stop any means of transport for which the inspector is designated and enter and inspect any place, or any such means of transport, if the inspector believes on reasonable grounds that in or on the place or means of transport there are
(a) dangerous goods being offered for transport, handled or transported;
(b) means of containment being manufactured, repaired or tested on which a compliance mark is displayed or will be affixed;
(c) standardized means of containment;
(d) books, shipping records, emergency response assistance plans, security plans or other documents that contain any information relevant to the purposes of this Act; or
(e) computer systems, data processing systems or any other electronic devices or media that contain information relevant to the purposes of this Act, or that have such information available to them.
Marginal note:Powers of inspector
(2) In the course of carrying out an inspection under subsection (1), an inspector may
(a) open and inspect, or request the opening and inspection of, any means of containment for which the inspector is designated, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the inspector believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport;
(b) open and inspect, or request the opening and inspection of, any means of containment described in paragraph (1)(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods;
(c) for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the inspector believes on reasonable grounds to be dangerous goods;
(d) examine, or request the examining of, information described in paragraph (1)(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any of it; and
(e) ask questions of any person for the purposes of this Act.
Marginal note:Authorized person
(3) An inspector may, in accordance with the regulations, authorize any qualified person to enter any place or means of transport that the inspector may enter under subsection (1) and to exercise any of the powers set out in subsection (2).
15. Paragraph 16(2)(b) of the English version of the Act is replaced by the following:
(b) entry is necessary for the purposes of this Act, and
16. The Act is amended by adding the following after section 16:
Marginal note:Certificate of inspection
16.1 (1) If an inspector or a person authorized under subsection 15(3) opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose.
Marginal note:Effect of inspector’s certificate
(2) The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the inspector or authorized person in the course of the inspection of the thing or the taking of the reasonable quantity from it, but is not otherwise exempt from compliance with this Act and the regulations.
17. Section 17 of the Act is replaced by the following:
Marginal note:Remedying non-compliance — dangerous goods
17. (1) An inspector may remove to an appropriate place any dangerous goods, the means of containment being used to handle or transport them or a standardized means of containment, or direct a person to do so, and may detain the thing removed until satisfied that the activity will be done in compliance with this Act, if the inspector believes on reasonable grounds that any of the following activities is being carried out in a way that does not comply with this Act:
(a) importing, offering for transport, handling or transporting dangerous goods; or
(b) selling, offering for sale, delivering, distributing, importing or using a standardized means of containment.
Marginal note:Other measures
(2) The inspector may also take any other measures necessary to remedy the non-compliance or direct a person to take the necessary measures.
Marginal note:Direction not to bring into Canada
(3) If the dangerous goods or means of containment originates from outside Canada and the inspector believes on reasonable grounds that measures to remedy the non-compliance are not possible or desirable, the inspector may direct that the goods or means of containment not be brought into Canada or that they be returned to their place of origin.
Marginal note:Persons liable to direction
(4) A direction may be issued under this section only to a person who, at the time of the non-compliance or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment.
18. (1) Subsection 18(1) of the Act is replaced by the following:
Marginal note:Duty to report
18. (1) Any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if the release endangers, or could endanger, public safety.
(2) Subsection 18(2) of the French version of the Act is replaced by the following:
Marginal note:Obligation de prendre des mesures d’urgence
(2) La personne tenue de faire rapport prend, dans les meilleurs délais possibles, les mesures d’urgence raisonnables pour atténuer ou prévenir tout danger pour la sécurité publique qui résulte d’un tel rejet ou qu’un tel rejet peut raisonnablement faire craindre.
(3) Section 18 of the Act is amended by adding the following after subsection (2):
Marginal note:Loss or theft
(3) If dangerous goods in excess of a quantity or concentration that is specified by regulation are lost or stolen during their handling or transporting, any person who had the charge, management or control of the goods immediately before the loss or theft shall report it to every person prescribed for the purposes of this subsection.
19. Sections 19 and 20 of the Act are replaced by the following:
Marginal note:Grounds for intervention
19. (1) If an inspector believes on reasonable grounds that doing so is necessary to prevent an anticipated release of dangerous goods that could endanger public safety, or to reduce any danger to public safety that results or could result from an actual release of dangerous goods, the inspector may do any of the following:
(a) remove the dangerous goods, or a means of containment being used to handle or transport the dangerous goods, to an appropriate place, or direct a person to remove the dangerous goods or the means of containment to such a place;
(b) direct a person to do anything else to prevent the release or reduce any resulting danger to public safety, or to refrain from doing anything that might impede the prevention of the release or the reduction of the danger; and
(c) exercise any power set out in section 15.
Marginal note:Persons liable to direction
(2) Such a direction may be issued only to any person
(a) who, when the release occurs or is anticipated or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment;
(b) who is required under section 7 to have an emergency response assistance plan that applies to the actual or anticipated release;
(c) who is responding to the actual or anticipated release in accordance with an emergency response assistance plan approved under section 7; or
(d) who causes or contributes to the occurrence of the actual or anticipated release.
PERSONAL LIABILITY
Marginal note:Personal liability
20. The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence:
(a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release;
(b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and
(c) any person who acts in accordance with an authorization given under paragraph 7.1(b).
20. Subsection 21(1) of the Act is replaced by the following:
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.
21. Subsection 22(3) of the French version of the Act is replaced by the following:
Marginal note:Présomption
(3) Le défendeur qui se livre à une activité visée par la présente loi est présumé, lors d’une action intentée en vertu du présent article, coupable de faute ou de négligence, sauf s’il établit, par prépondérance des probabilités, que lui-même et les personnes dont il est légalement responsable ont pris toutes les précautions voulues pour se conformer à la présente loi et à ses règlements.
22. Subsection 23(1) of the Act is replaced by the following:
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.
23. (1) Subsection 24(1) of the Act is amended by striking out the word “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(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:1994, c. 26, s. 71(F)
(2) Subsection 24(4) of the Act is replaced by the following:
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).
24. The heading before section 27 of the Act is replaced by the following:
REGULATIONS, MEASURES AND ORDERS
25. (1) Paragraph 27(1)(b) of the French version of the Act is replaced by the following:
b) déterminer des divisions, subdivisions et groupes pour les marchandises dangereuses ou pour chacune des classes de marchandises dangereuses;
(2) Paragraphs 27(1)(e) to (u) of the Act are replaced by the following:
(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.
(3) The portion of subsection 27(2) of the Act before paragraph (a) is replaced by the following:
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:
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