SECTION 3

Application of the Act

3.(1) This Act is binding on Her Majesty in right of Canada or a province.

(2) This Act applies in relation to all matters within the legislative authority of Parliament, including dangerous goods outside Canada that are carried on a ship or aircraft registered in Canada.

(3) This Act does not apply to the extent that its application is excluded by a regulation made under paragraph 27(1)(e) or a permit issued under section 31.

(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 or in circumstances in which it is prescribed to be under that Minister's sole direction or control;

(b) commodities transported by a pipeline governed by the National Energy Board Act or the Oil and Gas Production and Conservation Act or by the law of a province; or

(c) dangerous goods confined only by the permanent structure of a ship.

BEHIND THE WORDS

1(1) Binding on Her Majesty in right of Canada or a province.

This means that federal and provincial government ministries, departments, agencies and other entities must comply with the Act (except as occurs under 3(3) and 3(4)(a)).

3.(2) General Application

The approach used in the TDG Act of 1980 in its application section led to actual or potential difficulties with interpretations in court involving reporting, training and constitutional matters. Subsection 3(2) of the TDGA, 1992 makes it clear that the Act applies with respect to matters within the legislative authority of Parliament. With this wording there can be no conflicts at the level of the Constitution Act. However, what may develop will be an interpretation of what the federal government authority covers. Questions under this heading would be dealt with on a case-by-case basis should matters be presented to a court for resolution. See also the discussion on section 4.

3.(3) Exceptions - Regulations and permits.

Given that subsection 3(2) establishes the Act as being applicable to a wide range of events, including transporting a small can of compressed gas (soft drink) from a store to a house, there must be a provision to exempt from the Act certain activities which really do not need to be regulated. The current regulations establish exemptions for items such as the transportation of limited quantities, consumer commodities, and dangerous goods within a plant's boundary.

3.(4) Other exceptions

This subsection excludes those activities that are sufficiently governed otherwise.

(a) In practice National Defence provides a level of safety at least equivalent to that provided by this Act during normal events.

Paragraph (a) is expanded in the regulations to set out the circumstances in which an activity or thing is considered to be under the sole direction or control of the Minister of National Defence.

(b) The activities excepted are regulated elsewhere.

(c) With respect to paragraph 3(4)(c), the Act excludes dangerous goods confined only by the permanent structure of a ship as these dangerous goods are fully regulated by the Canada Shipping Act.

RELATED SECTIONS

Section 4 - Comments relating to legislative authority of Parliament

COURT DECISIONS OF INTEREST

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