SECTION 4

Federal-Provincial Administrative Agreements

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.

(2) The Minister shall make the agreement public.

BEHIND THE WORDS

Some provincial officials have observed that it is possible to enter into agreements without so stating in legislation. However, they feel this section ensures these agreements would be more durable and binding. Both provincial and federal officials favour continuing the federal/provincial partnership which now exists.

Associated with the administration of the dangerous goods program by the federal government and the provinces is the question of how the federal and provincial Acts and regulations interact. For the most part, the TDG Act, 1992 is enabling legislation with the bulk of requirements and prohibitions contained in the regulations. The federal TDG regulations are developed in consultation with the provinces, are adopted not only by the federal Act but by provincial Acts as well, and are viewed as joint regulations.

It is possible that there can be offences under the federal Act only, under a provincial Act only and actions which may appear to an inspector to be offences under the federal Act and a provincial Act at the same time. In this latter case the question arises as to which Act to reference when laying an information. This question pushes to the heart of the area of application of the federal TDG Act, 1992. The present federal view is that as the Act may be an exercise of the criminal law constitutional head of power, an inspector appointed under the TDG Act, 1992 need only reference the TDG Act, 1992.

COURT DECISIONS OF INTEREST

"Please refer to the disclaimer on page 0-1"

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