SECTION 6

Misleading Safety Marks

6. No person shall display a prescribed safety mark on a means of containment or transport, or at a facility, if the mark is misleading as to the presence of danger, the nature of any danger or compliance with any prescribed safety standard.

BEHIND THE WORDS

The intent of this section is to ensure that:

a) when a safety mark is used to show the nature of danger there is a danger present and it is correctly identified; and,

b) if there is a safety mark on a means of containment indicating compliance with a safety standard then that means of containment must satisfy the standard indicated by that safety mark. Note that if a safety mark appears on a means of containment it must be treated as a standardized means of containment. Please refer back to the comments on the definition of a standardized means of containment.

The word "misleading" was chosen to allow cases such as the delivery of empty fibreboard boxes in a knocked-down state which have pre-printed labels on them. In this instance the labels would not be misleading. Similarly, a placard may be placed on a tank truck prior to loading without being misleading. As with some other sections of the Act, given the large number of dangerous goods movements annually, it may be that the judgement of whether or not the presence of a safety mark is misleading must be decided on a case-by-case basis. Consideration should be given to the apparent intention of the individual with respect to any wish to deceive the public as to the nature of the goods or means of containment.

The most common application of this section, with respect to placards, will be to prohibit the placement of placards on means of containment or transport thereby indicating a danger when no danger is present.

With respect to a standardized means of containment (and hence a means of containment used or intended for use in transporting dangerous goods), Sections 5, 6 and 8 can be summarized by noting that the standardized means of containment must be marked to show the standard it purports to meet; it must in fact be in compliance with this standard; and it must be used when the dangerous goods require such containment.

RELATED SECTIONS

Section 2 - Standardized means of containment

Section 5 - Correct means of containment to be used

Section 8 - Standardized means of containment must be marked

COURT DECISIONS OF INTEREST

Section 6 Transportation of Dangerous Goods Act, 1992

R. vs Laidlaw Environmental Services Ltd.

17-10-94, B.C. Provincial Court

Accused corporation had contracted a clean-up job that involved the removal of chemicals from an abandoned electroplating shop near Kamloops. During the course of the clean-up drums of chemicals were improperly labeled as flammable products when, in fact, they were acids. When the acids were poured into metal drums a reaction occurred that gave rise to a significant plume of smoke that drifted over the City of Kamloops and caused some evacuation of residences.

Fine of $5,000 was imposed in respect of one charge of displaying prescribed safety marks that were misleading as to the nature of the danger present.

R. v Laidlaw Environmental Services Ltd.

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

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