SECTION 5

General Prohibition

5. No person shall handle, offer for transport, transport or import any dangerous goods unless

(a) the person complies with all applicable prescribed safety requirements;

(b) the goods are accompanied by all applicable prescribed documents; and

(c) the means of containment and transport comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.

BEHIND THE WORDS

At first glance it might appear that since the phrase "prescribed documents" appears in (b), they are not considered to be a safety requirement. Otherwise wouldn't they already be included in (a)? The reason both paragraphs (a) and (b) are needed, and why "prescribed documents" are still a safety requirement, is due to imported goods. Paragraph (a) requires that "persons" comply with certain requirements. If all involved persons were in Canada, paragraph (b) may not be needed. But, as nearly 70% of the chemicals used in Canada are imported (Canada also exports a considerable quantity), and the consignors of these are not subject to Canadian law, paragraph (b) is required to ensure the consignor's duties have been satisfied when the goods arrive in Canada.

Section 5 is the first section of the Act which leads to an offence. Section 5 requires that certain things be done or not done. Similar sections are sections 6, 7, 8, 9, 13, 14, 18 and 23. Each of these by itself does not establish an offence, however, when read in conjunction with section 33 offences are defined.

In addition, non-compliance with any regulations made pursuant to paragraphs 27(1)(h), (i), (l), (n) or (r) is not to occur. Again, as a result of section 33, any such non-compliance is an offence.

Non-compliance with a direction issued under 9(2), 17(3) or (4), 19(2) or 32(1) is not permitted pursuant to subsection 13(2), and is an offence under section 33.

Section 34 allows for the creation of a court order, makes it an offence not to comply with the order, and establishes the punishment. Note that section 33 did not cover court orders.

The phrase "the goods are accompanied by all applicable prescribed documents" contains within it the meaning that these documents must be properly completed and correctly describe the situation which they purport to describe. (e.g. the classification used is correct) Indeed Section 42 accepts such documents as prima facie proof of the information they show or indicate.

Finally, this is the first section to use the words "offer for transport" and "transport" with respect to a prohibition. As observed earlier, (see definition of import) the program is based upon the consignor (shipper) first conducting his/her activities. There can be cases where one person could be both the consignor (shipper) and the carrier. In this instance, and as will be made clear in the regulations, the same person can offer for transport and transport, and in consequence is responsible for both consignor as well as carrier duties. There does not have to be a second person before consignor activities (offer for transport) have a meaning.

RELATED SECTIONS

Section 2 - Definition of import

Section 33 - Establishes offences

COURT DECISIONS OF INTEREST

Section 5 Transportation of Dangerous Goods Act, 1992

Regulation: 7.39

R. vs Neptune Food Suppliers Ltd.

03-03-95, B.C. Provincial Court,

Convicted under Part 7 for failing to segregate foodstuffs from dangerous goods that consisted of fiberboard boxes containing 4 x 4 litre plastic jugs of sodium hydroxide solution.

Fine of $500 on one count and made an Order under Section 34 of the TDG Act, 1992 to make a payment of $750 to the research fund.

Section 5 Transportation of Dangerous Goods Act, 1992

Regulation: 5.1

R. vs Acklands Limited.

04-12-95, Saskatchewan Provincial Court,

Convicted under Part 5 for not placarding vehicle transporting dangerous goods that consisted of fiberboard box of Organic Dibenzoyl Peroxide UN2087 contained in 4 - 100gm plastic tubes.

Fine of $2,500 on one count and made an Order under Section 34 of the T.D.G. Act, 1992 to make a payment of $5,000 to the research fund.

Section 5 Transportation of Dangerous Goods Act, 1992

Regulation: 9.2

R. vs C.P. Express and Transport Ltd.

09-13-94, Quebec Provincial Court,

Convicted under Part 5 for not labeling dangerous goods that had been repackaged. There was also a conviction under Part 9 in respect of untrained employee handling dangerous goods.

Fine of $5,000 on each count and an Order under Section 34 of the TDG 1992 to make a payment of $20,000 to the research fund.

R. v 612372 Ontario Inc.
R. v Federal Batteries Ltd.
R. v ROL Handicrafts Limited
R. v Recochem Inc.
R. v Basime Halef
R. v Canadian Pacifique Express & Transport
R. v Canadien Airline International
R. v Manfried Leidtke
R. v Wray's Fire Equipment (Kingston) Ltd.
R. v Cooper Energy Services Ltd.
R. v F.W. Woolworth (Canada) Ltd.
R. v Powell River Barge (1985) Ltd.
R. v I Med Oxygen Ltd.
R. v K & W Pipe Canada Ltd.
R. v Baisley & Richer
R v Ray Kronewit
R. v Grace Dearborn Inc.
R. v Woolworth Canada Inc.
R. v Wajax Industries Limited
R. v Purolator Courier Ltd.
R. v Neptune Food Suppliers Ltd.
R. v Acklands Ltd.
R. v Aslchem International Inc.
R. v Laboratoire Choisy Ltee.

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

Previous Page      Table of Contents      Next Page