The Transport Dangerous Goods Directorate has been working in close collaboration with the Contraventions Project division of the Department of Justice in order to develop and implement a ticketing proposal composed of common offences to the Transportation of Dangerous Goods Act, 1992., S.C. 1991-92, c.34 and its Regulations.

Inspectors designated pursuant to section 10(1) of the TDG Act, have various enforcement tools they may use to ensure compliance. While situations may differ, the most important factor in determining an enforcement response is the effectiveness of the response in securing future compliance. Currently, the primary available enforcement tool, prosecution in court, is seen as too severe for minor infractions.

The provisions of the Contraventions Act will allow us to implement an adequate and fair ticketing scheme. There are approximately 18 statutes with regulations under the Contraventions Act that provide for ticketable offences.

Below are the proposed contraventions.

Offences in contravention to section 5(a) of the Act

Handle, offer for transport, transport or import dangerous goods without complying with all applicable prescribed safety requirements. Fine $700.00

Offences in contravention to section 5(b) of the Act

Handle, offer for transport, transport or import dangerous goods not accompanied by all applicable prescribed documents. Fine $500.00

Offences in contravention to section 5(c) of the Act

Handle, offer for transport, transport or import dangerous goods in means of containment or transport that do not comply with all applicable prescribed safety standards and display all applicable prescribed safety marks. Fine $500.00

Offences in contravention to section 6 of the Act

Display a prescribed safety mark on a means of containment or transport, or at a facility, that is misleading as to the presence of danger, the nature of any danger or compliance with any prescribed safety standard. $500.00

Offences in contravention to section 8 of the Act

Sale, offer for sale, deliver, distribute, import or use of a standardized means of containment that does not display all applicable prescribed safety marks. Fine $500.00

Offences in contravention of Section 18 of the Act

Failure to report to each prescribed authority the occurrence or imminence of a release of dangerous goods from a means of containment in excess of the prescribed quantity or concentration. Fine $1000.00

Failure to take all reasonable emergency measures to reduce or eliminate any danger to public safety from the release of dangerous goods. Fine $1000.00

Offences in contravention of Section 28, 27(1)(h) of the Act

Handle, offer for transport or transport dangerous goods in prescribed circumstances where such goods must not be handled. Fine 500.00

Offences in contravention of Section 28, 27(1)(i) of the Act

Handle, offer for transport or transport prescribed dangerous goods that must not be handled, offered for transport or transported in any circumstances. Fine $500.00

Offences in contravention of Section 28, 27(1)(l) of the Act

Failure to keep in the prescribed manner and with the prescribed information records of each person supplied with a means of containment or failure to issue notices of defective construction or of recall as directed. Fine $500.00

Offences in contravention of Section 28, 27(1)(n) of the Act

Failure to use in the prescribed manner the prescribed shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods or failure to keep in the prescribed manner the prescribed shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods. Fine $300.00

Offences in contravention of Section 28, 27(1)(r) of the Act

Failure to complete in the prescribed manner and with the prescribed information a report of the release of dangerous goods. Fine $700.00