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TRANSPORTATION OF DANGEROUS GOODS ACT
TRANSPORTATION OF DANGEROUS GOODS ACT
An Act to promote public safety in the transportation of dangerous goods
1. This Act may be cited as the Transportation of Dangerous Goods Act,
1992.
Definitions
2. In this Act,
"accidental release"
«rejet accidentel»
"accidental release" means, in relation to dangerous goods, an unplanned or
accidental
(a) discharge, emission, explosion, outgassing or other escape of dangerous goods, or
any component or compound evolving from dangerous goods, or
(b) emission of ionizing radiation that exceeds a level or limit established under the Nuclear
Safety and Control Act;
"dangerous goods"
«marchandises dangereuses»
"dangerous goods" means a product, substance or organism included by its
nature or by the regulations in any of the classes listed in the schedule;
"handling"
«manutention»
"handling" means loading, unloading, packing or unpacking dangerous goods in
a means of containment for the purposes of, in the course of or following transportation
and includes storing them in the course of transportation;
"import"
«importer»
"import" means import into Canada, and includes transporting goods that
originate from outside Canada and pass through Canada to a destination outside Canada,
except when the goods are being transported on a ship or aircraft not registered in
Canada;
"inspector"
«inspecteur»
"inspector" means a person designated as an inspector under subsection 10(1);
"means of containment"
«contenant»
"means of containment" means a container or packaging, or any part of a means
of transport that is or may be used to contain goods;
"means of transport"
«moyen de transport»
"means of transport" means a road or railway vehicle, aircraft, ship,
pipeline or any other contrivance that is or may be used to transport persons or goods;
"Minister"
«ministre»
"Minister" means the Minister of Transport;
"prescribed"
Version anglaise seulement
"prescribed" means prescribed by regulations of the Governor in Council;
"public safety"
«sécurité publique»
"public safety" means the safety of human life and health and of property and
the environment;
"safety mark"
«indication de danger»
"safety mark" includes a design, symbol, device, sign, label, placard,
letter, word, number or abbreviation, or any combination of these things, that is to be
displayed
(a) on dangerous goods, on means of containment or transport used in handling, offering
for transport or transporting dangerous goods, or at facilities used in those activities,
and
(b) to show the nature of the danger or to indicate compliance with the safety
standards prescribed for the means of containment or transport or the facilities;
"safety requirements"
«règles de sécurité»
"safety requirements" means requirements for handling, offering for transport
or transporting dangerous goods, for reporting those activities and for training persons
engaged in those activities;
"safety standards"
«normes de sécurité»
"safety standards" means standards regulating the design, construction,
equipping, functioning or performance of means of containment or facilities used or
intended to be used in handling, offering for transport or transporting dangerous goods;
"ship"
«navire»
"ship" includes any description of vessel, boat or craft designed, used or
capable of being used solely or partly for marine navigation, without regard to method or
lack of propulsion;
"shipping record"
«registre d'expédition»
"shipping record" means a record that relates to dangerous goods being
handled, offered for transport or transported and that describes or contains information
relating to the goods, and includes electronic records of information;
"standardized means of containment"
«contenant normalisé»
"standardized means of containment" means a means of containment in relation
to which a safety standard has been prescribed.
Binding on Her Majesty
3. (1) This Act is binding on Her Majesty in right of Canada or a
province.
General application
(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.
Exceptions - regulations and permits
(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.
Other exceptions
(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.
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.
Publication
(2) The Minister shall make the agreement public.
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.
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.
Plans and summaries
7. (1) Before offering for transport or importing any quantity or
concentration of dangerous goods prescribed for the purposes of this section, a person
shall have an emergency response assistance plan that is approved under this section and
outlines what is to be done if there is an accident in transporting the dangerous goods.
Approval of plans
(2) The Minister or a person designated for the purposes of this section may approve
the plan, either indefinitely or for a specified period, where the Minister or the
designated person believes on reasonable grounds that it is capable of being implemented
and will be effective in responding to any accident in transporting the dangerous goods.
Interim approval
(3) The Minister or the designated person may approve the plan pending an investigation
of the matters to be considered under subsection (2) if the Minister or the designated
person has no reason to suspect that the plan is incapable of being implemented or will be
ineffective.
Revocation of approval
(4) The Minister or a person designated for the purposes of this section may revoke the
approval where
(a) The Minister or the designated person has requested changes to the plan that he or
she believes on reasonable grounds are needed to make it effective and the changes have
been refused or have not been made; or
(b) the Minister or the designated person believes on reasonable grounds that the plan
is no longer capable of being implemented.
Improper means of containment
8. No person shall sell, offer for sale, deliver, distribute, import
or use a standardized means of containment unless it displays all applicable prescribed
safety marks.
Supply records
9. (1) A manufacturer or importer of standardized means of containment
shall keep records of the persons to whom the manufacturer or importer supplies the means
of containment.
Notices of defective construction
(2) Where the Minister or a person designated for the purposes of this section believes
on reasonable grounds that any standardized means of containment are unsafe for handling
or transporting dangerous goods, the Minister or the designated person may direct the
manufacturer or importer who supplied them to issue notices of defective construction or
recall to the persons to whom they were supplied.
Designation of inspectors
10. (1) The Minister may designate persons or classes of persons whom
the Minister considers qualified to act as inspectors for the purposes of this Act or any
of its provisions and the Minister may revoke the designations.
Certificate of designation
(2) The Minister shall furnish every inspector with a certificate of designation as an
inspector showing the purposes, classes of dangerous goods, means of containment or
transport and places for which the inspector is designated.
Certificate to be shown
(3) On entering any place or inspecting anything, an inspector shall show the
certificate to the person in charge of the place or thing if the person requests proof of
the inspector's designation.
Certificate of inspection
11. (1) Where an inspector opens anything for inspection, or takes a
sample of anything that is sealed or closed up, the inspector shall provide the person who
has the charge, management or control of the thing with a certificate in prescribed form
as proof that it was opened for that purpose.
Effect of inspector's certificate
(2) The person to whom, or for whose benefit, the certificate is provided is not
liable, either civilly or criminally, in respect of any act or omission of the inspector
in the course of the inspection or taking of the sample, but is not otherwise exempt from
compliance with this Act and the regulations.
Designation of persons re plans, directions, permits
12. (1) The Minister may designate persons for the purposes of section
7 or 9, subsection 31(1) or section 32, and the Minister may revoke any such designation.
Designation of persons re emergency permits
(2) The Minister may designate persons or classes of persons for the purposes of
subsection 31(2), and the Minister may revoke any such designation.
Obstruction of inspectors
13. (1) When an inspector is exercising powers or carrying out duties
and functions under this Act, no person shall
(a) fail to comply with any reasonable request of the inspector;
(b) knowingly make any false or misleading statement either orally or in writing to the
inspector;
(c) except with the authority of the inspector, remove, alter or interfere in any way
with anything detained or removed by or under the direction of the inspector; or
(d) otherwise obstruct or hinder the inspector.
Contravention of non-compliance with directions
(2) No person shall contravene or fail to comply with a direction issued under
subsection 9(2), 17(3) or (4), 19(2) or 32(1).
Notification of direction
(3) For greater certainty, a direction referred to in subsection (2) is not a statutory
instrument for the purposes of the Statutory Instruments Act, but no person shall be
convicted of an offence under that subsection unless the person was notified of the
direction and, if any applicable regulations have been made under paragraph 27(1)(t), the
notification was in accordance with the regulations.
14. (1) No person shall handle, offer for transport, transport or
import dangerous goods, or manufacture or import standardized means of containment, unless
the person is financially responsible in accordance with the regulations.
Request for proof of financial responsibility
(2) A person who handles, offers for transport, transports or imports dangerous goods,
or manufactures or imports standardized means of containment, shall provide the prescribed
proof of financial responsibility to an inspector who requests the proof.
Limitation
(3) This section does not apply to Her Majesty in right of Canada or a province or to
the entities named in Schedules II and III to the Financial Administration Act.
Powers of inspectors
15. For the purpose of ensuring compliance with this Act, an inspector
may
(a) subject to section 16, at any reasonable time, stop any means of transport and
enter and inspect any place or means of transport if the inspector is designated to
inspect it and believes on reasonable grounds that on it or in it there are
(i) dangerous goods being handled, offered for transport or transported,
(ii) standardized means of containment,
(iii) books, shipping records, emergency response assistance plans or other documents
that contain any information relevant to the administration or enforcement of this Act, or
(iv) computer systems that may be used to examine any information that is contained in
or available to the computer systems and is relevant to the administration or enforcement
of this Act;
(b) open and inspect, or request the opening and inspection of, any means of
containment for which the inspector is designated if the inspector believes on reasonable
grounds that it is being used to handle or transport dangerous goods or to contain
dangerous goods offered for transport;
(c) for the purpose of analysis, take a reasonable quantity of anything the inspector
believes on reasonable grounds to be dangerous goods; and
(d) examine and make copies of any information contained in any books, shipping
records, emergency response plans or other documents, or in any computer systems, that the
inspector believes on reasonable grounds contain any information relevant to the
administration or enforcement of this Act.
Warrant required to enter dwelling-place
16. (1) An inspector may not enter a dwelling-place except with the
consent of the occupant or under the authority of a war rant.
Authority to issue warrant
(2) Where on ex parte application a justice, as defined in section 2 of the Criminal
Code, is satisfied by information on oath that
(a) the conditions for entry described in section 15 exist in relation to a
dwelling-place,
(b) entry is necessary for any purpose relating to the administration or enforcement of
this Act, and
(c) entry has been refused or there are reasonable grounds for believing that entry
will be refused,
the justice may at any time sign and issue a warrant authorizing the inspector named in
the warrant to enter the dwelling-place subject to any conditions that may be specified in
the warrant.
Use of force
(3) The inspector who executes the warrant shall not use force unless the inspector is
accompanied by a peace officer and the use of force has been specifically authorized in
the warrant.
Remedying non-compliance
17. (1) Where an inspector believes on reasonable grounds that any
dangerous goods are being handled, offered for transport, transported or imported in a way
that does not comply with this Act, the inspector may detain the dangerous goods until
satisfied that they will be handled, offered for transport, transported or imported in
compliance with this Act.
Detention of non-complying standardized
means of containment
(2) Where an inspector believes on reasonable grounds that any standardized means of
containment is being sold, offered for sale, delivered, distributed, imported or used in a
way that does not comply with this Act, the inspector may detain the means of containment
until satisfied that it will be sold, offered for sale, delivered, distributed, imported
or used in compliance with this Act.
Other measures
(3) The inspector may also take any other measures necessary to remedy the
non-compliance, or direct any person who owns, imports or has the charge, management or
control of the dangerous goods or means of containment to take the necessary measures.
Direction not to import
(4) Where the dangerous goods or means of containment originate from outside Canada and
the inspector believes on reasonable grounds that measures to remedy the non-compliance
are not possible or desirable, the inspector may direct that the goods or means of
containment not be imported or that they be returned to their place of origin.
18. (1) Where an accidental release of dangerous goods in excess of a
prescribed quantity or concentration occurs or is imminent from a means of containment
being used to handle or transport dangerous goods, any person who at the time has the
charge, management or control of the means of containment shall report the occurrence or
imminence of the release to any person prescribed for the purposes of this section.
Duty to take reasonable emergency measures
(2) Every person required to make a report shall, as soon as possible in the
circumstances, take all reasonable emergency measures to reduce or eliminate any danger to
public safety that results or may reasonably be expected to result from the release.
Grounds for intervention
19. (1) An inspector may take any measure referred to in subsection
(2) where the inspector believes on reasonable grounds that it is necessary to prevent an
imminent accidental release of dangerous goods from a means of containment being used to
handle or transport the dangerous goods, or to reduce any danger to public safety
resulting from the accidental release.
Authorized measures
(2) The inspector may
(a) remove or direct a person described in subsection (3) to remove the dangerous goods
or means of containment to an appropriate place;
(b) direct a person described in subsection (3) to do anything else to prevent the
release or reduce any resulting danger, or direct the person to refrain from doing
anything that may impede its prevention or the reduction of danger; or
(c) take any other measure described in section 15.
Persons liable to direction
(3) A direction may be issued to
(a) any person who owns, imports or has the charge, management or control of the
dangerous goods or means of containment when the release occurs or becomes imminent, or at
any time afterward;
(b) any person who is responding to the occurrence or imminence of the release in
accordance with an emergency response assistance plan approved under section 7; or
(c) any person who causes or contributes to the occurrence or imminence of the release.
20. A person directed or required under subsection 17(3) or (4), 18(2)
or 19(2) to do or refrain from doing anything is not personally liable, either civilly or
criminally in respect of any act or omission in the course of complying with the direction
or requirement or doing any reasonable thing incidental to it, unless it is shown that the
act or omission was in bad faith.
Minister may direct inquiry
21. (1) Where an accidental release of dangerous goods from a means of
containment being used to handle or transport dangerous goods has resulted in death or
injury to any person or damage to any property or the environment, the Minister may direct
a public inquiry to be made, subject to the Canadian Transportation Accident Investigation
and Safety Board Act, and may authorize any person or persons that the Minister considers
qualified to conduct the enquiry.
Powers of persons conducting inquiries
(2) For the purposes of the inquiry, any person authorized by the Minister has all the
powers of a person appointed as a commissioner under Part I of the Inquiries Act.
Compatible procedures and practices
(3) The person or persons authorized to conduct the inquiry shall ensure that, as far
as practicable, the procedures and practices for the inquiry are compatible with any
investigation procedures and practices followed by any appropriate provincial authorities,
and may consult with those authorities concerning compatible procedures and practices.
Report
(4) As soon as possible after the inquiry is concluded, the person or persons
authorized to conduct the inquiry shall submit a report with recommendations to the
Minister, together with all the evidence and other material that was before the inquiry.
Publication
(5) The Minister shall publish the report within thirty days after receiving it.
Copies of report
(6) The Minister may supply copies of the report in any manner and on any terms that
the Minister considers proper.
Recovery of reasonable costs and expenses by Her Majesty
22. (1) Her Majesty in right of Canada may recover the costs and
expenses reasonably incurred while taking any measures under section 17 or 19.
Persons liable
(2) The costs and expenses may be recovered jointly and severally from any persons who,
through their fault or negligence or that of others for whom they are by law responsible,
caused or contributed to the circumstances necessitating the measures.
Presumption
(3) For the purposes of proceedings under this section, a defendant engaged in an
activity in relation to which this Act applies shall be presumed to have been at fault or
negligent unless it is established, on a balance of probabilities, that the defendant and
any others for whom the defendant is by law responsible took all reasonable measures to
comply with this Act and the regulations.
Procedure
(4) All claims under this section may be sued for and recovered by Her Majesty in right
of Canada with costs in proceedings brought or taken for the claims in the name of Her
Majesty in right of Canada in any court of competent jurisdiction.
Recourse or indemnity
(5) This section does not limit or restrict any right of recourse or indemnity that any
person who is liable under subsection (1) may have against any other person.
Civil remedies
(6) No civil remedy for any act or omission is suspended or affected by reason only
that the act or omission is an offence under this Act or gives rise to liability under
this section.
Operator's liability under Nuclear Liability Act
(7) Nothing in this section relieves an operator, as defined in section 2 of the
Nuclear Liability Act, from any duty or liability imposed on the operator under that Act.
Limitation period
(8) Proceedings in respect of a claim under this section may be instituted no later
than two years after the day the events in respect of which the proceedings are instituted
occurred or became evident.
Notice of disclosure of information
23. (1) The Minister may, by registered mail, send a written notice to
any manufacturer, distributor or importer of any product, substance or organism requesting
the disclosure of information relating to the formula, composition or chemical ingredients
of the product, substance or organism and any similar information the Minister considers
necessary for the administration or enforcement of this Act.
Disclosure
(2) A person who receives a notice shall disclose the requested information to the
Minister within the time and in the manner specified in the notice.
Privileged information
24. (1) The following information is privileged:
(a) information disclosed under section 23 and information of a similar nature obtained
by an inspector under section 15; and
(b) information in a record of a communication between any person and the Canadian
Transport Emergency Centre of the Department of Transport relating to an accidental
release of dangerous goods that occurred or appeared to be imminent.
Exceptions
(2) Information is not privileged to the extent that it
(a) relates only to the dangerous properties of a product, substance or organism
without revealing its formula, composition or chemical ingredients; or
(b) is required to be disclosed or communicated for the purposes of an emergency
involving public safety.
Evidence in legal proceedings
(3) Despite any other Act or law, no person shall be required, in connection with any
legal proceedings, to produce any statement or other record containing privileged
information or to give evidence relating to it unless the proceedings relate to the
administration or enforcement of this Act.
Disclosure
(4) No person to whom privileged information has been provided shall knowingly
communicate it or allow it to be communicated to any person, or allow any other person to
inspect or have access to the information, except
(a) with the consent in writing of the person who provided the information or from whom
it was obtained; or
(b) for the purposes of the administration or enforcement of this Act.
Technical research and publication
25. The Minister may
(a) conduct, alone or in cooperation with any government, agency, body or person,
whether Canadian or not, programs of technical research and investigation into the
development and improvement of safety marks, safety requirements, safety standards and
regulations under this Act and coordinate the programs with similar programs undertaken in
Canada; and
(b) have information relating to the programs or their results published and
distributed in a form and manner that are most useful to the public, the Government of
Canada and the governments of the provinces.
Advisory councils
26. (1) The Minister may, by order,
(a) establish one or more advisory councils to advise the Minister on matters
concerning existing or proposed safety marks, safety requirements and safety standards or
on any other matters specified in the order;
(b) specify the period or periods during which the councils are to serve; and
(c) provide for any matters relating to the councils or their members as the Minister
considers necessary.
Membership
(2) The Minister may determine the membership of any advisory council after any
consultation that the Minister considers appropriate with the representatives of the
transportation and related industries, the governments of the provinces, other interested
persons and bodies and the public.
Regulations
27. (1) The Governor in Council may make regulations generally for
carrying out the purposes and provisions of this Act, including regulations
(a) prescribing products, substances and organisms to be included in the classes listed
in the schedule;
(b) establishing divisions, subdivisions and groups of dangerous goods and of the
classes of dangerous goods;
(c) specifying, for each product, substance and organism prescribed under paragraph
(a), the class, division, subdivision or group into which it falls;
(d) determining or providing the manner of determining the class, division, subdivision
or group into which dangerous goods not prescribed under paragraph (a) fall;
(e) exempting from the application of this Act and the regulations, or any of their
provisions, the handling, offering for transport, transporting or importing of dangerous
goods in any quantities or concentrations, in any circumstances, at any premises,
facilities or other places, for any purposes or in any means of containment that may be
specified in the regulations;
(f) prescribing the manner of identifying any quantities or concentrations of dangerous
goods exempted under paragraph (e);
(g) prescribing circumstances in which any activity or thing is under the sole
direction or control of the Minister of National Defence;
(h) prescribing circumstances in which dangerous goods must not be handled, offered for
transport or transported;
(i) prescribing dangerous goods that must not be handled, offered for transport or
transported in any circumstances;
(j) prescribing safety marks, safety requirements and safety standards of general or
particular application;
(k) prescribing quantities or concentrations of dangerous goods in relation to which
emergency response assistance plans must be approved under section 7;
(l) prescribing the manner in which records must be kept under section 9, the
information that must be included in the records and the notices that must be given under
that section;
(m) governing the issuance of notices under section 9;
(n) prescribing shipping records and other documents that must be used in handling,
offering for transport or transporting dangerous goods, the information that must be
included in those documents and the persons by whom and manner in which they must be used
and kept;
(o) governing the qualification, training and examination of inspectors, prescribing
the forms of the certificates referred to in sections 10 and 11 and prescribing the manner
in which inspectors must carry out their duties and functions under this Act;
(p) prescribing the manner of determining the financial responsibility required under
subsection 14(1) and prescribing the form of proof that may be requested under subsection
14(2);
(q) prescribing quantities or concentrations of dangerous goods for the purposes of
subsection 18(1);
(r) prescribing persons to receive reports under subsection 18(1), the manner of making
the reports, the information that must be included in them and the circumstances in which
they need not be made;
(s) prescribing the manner of applying for, issuing and revoking approvals of emergency
response assistance plans under section 7 or permits under section 31 and providing for
the appeal or review of a refusal to issue an approval or permit or a revocation of it;
(t) providing for the notification of persons directed to do anything under section 9,
17, 19 or 32, for the effect, duration and appeal or review of those directions and for
any other incidental matters; and
(u) prescribing the manner in which amounts are to be paid under paragraph 34(1)(d)
References in regulations
(2) The regulations may refer to any document as it exists when the regulations are
made and, for the purpose of prescribing alternative ways of complying with this Act, may
refer to any of the following documents as amended from time to time:
(a) the International Maritime Dangerous Goods Code published by the International
Maritime Organization;
(b) the Technical Instructions for the Safe Transport of Dangerous Goods by Air
published by the International Civil Aviation Organization; and
(c) Title 49 of the Code of Federal Regulations of the United States.
Contravention or non-compliance with regulations
28. No person shall contravene or fail to comply with a provision of
any regulation made under paragraph 27(1)(h), (i), (1), (n) or (r).
Ministerial fees orders
29. (1) The Minister may make orders prescribing any fees or charges,
or the manner of calculating any fees or charges, to be paid
(a) for services or the use of facilities provided by the Minister in the
administration of this Act; or
(b) in relation to filing documents or applying for or issuing permits or approvals
under this Act.
Limitation
(2) Her Majesty in right of Canada or a province and the entities named in Schedules II
and III to the Financial Administration Act are not liable to pay the fees or charges.
Proposed regulations and orders to be published
30. (1) Subject to subsection (2), a copy of each regulation the
Governor in Council proposes to make under section 27 and each order the Minister proposes
to make under section 29 shall be published in the Canada Gazette and a reasonable
opportunity shall be afforded to interested persons to make representations to the
Minister with respect to the regulation or order.
Single publication required
(2) No proposed regulation or order need be published more than once, whether or not it
is amended after that publication as a result of representations made by interested
persons.
Equivalent level of safety permits
31. (1) The Minister or a person designated for the purposes of this
subsection may issue a permit authorizing any activity to be carried on in a manner that
does not comply with this Act if the Minister or designated person is satisfied that the
manner in which the authorized activity will be conducted provides a level of safety at
least equivalent to that provided by compliance with this Act.
Emergency permits
(2) The Minister or a person designated for the purposes of this subsection may issue a
permit authorizing any activity to be carried on in a manner that does not comply with
this Act if the Minister or designated person is satisfied that the authorized activity is
necessary to deal with an emergency in which there is danger to public safety.
Oral permits
(3) A permit issued under subsection (2) is not a statutory instrument for the purposes
of the Statutory Instruments Act and may be issued orally, but must be reissued in writing
as soon as practicable and the writing is conclusive of its content.
Terms and conditions
(4) A permit may include terms and conditions governing the authorized activity and
non-compliance with any of the terms or conditions invalidates the permit.
Scope of permit
(5) A permit may authorize the activity in terms of the persons who may carry on the
activity and the goods or means of containment that it may involve.
Revocation of equivalent level of safety permits
(6) The Minister or a person designated for the purposes of subsection (1) may revoke a
permit issued under that subsection where the Minister or designated person is no longer
satisfied of the matter described in that subsection or the regulations have been amended
and address the activity authorized by the permit.
Revocation of emergency permits
(7) The Minister or a person designated for the purposes of subsection (2) may revoke a
permit issued under that subsection where the Minister or designated person is no longer
satisfied of the matter described in that subsection.
Protective directions
32. (1) The Minister or a person designated for the purposes of this
section may, if satisfied of the matters described in subsection (2), direct a person
engaged in handling, offering for transport, transporting or importing dangerous goods, or
supplying or importing standardized means of containment, to cease that activity or to
conduct other activities to reduce any danger to public safety.
Emergency
(2) The Minister or the designated person must be satisfied that the direction is
necessary to deal with an emergency that involves danger to public safety and cannot be
effectively dealt with under any other provision of this Act.
Revocation of protective direction
(3) The Minister or a person designated for the purposes of this section may revoke the
direction where the Minister or the designated person is satisfied that the direction is
no longer needed.
Contraventions and non-compliance with Act
33. Every person who contravenes or fails to comply with a provision
of this Act is guilty of
(a) an offence punishable on summary conviction and liable to a fine not exceeding
fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars
for each subsequent offence; or
(b) an indictable offence and liable to imprisonment for a term not exceeding two
years.
Court order
34. (1) Where a person is convicted of an offence, the court may make
an order having any or all of the following effects:
(a) prohibiting the person for a period of not more than one year from engaging in any
activity regulated under this Act;
(b) requiring the person to provide compensation, whether monetary or otherwise, for
any remedial action taken or damage suffered by another person arising out of the
commission of the offence;
(c) requiring the person to do anything that will assist in repairing any damage to the
environment arising out of the commission of the offence; or
(d) requiring the person to conduct programs of technical research and investigation
into the development and improvement of safety marks, safety requirements and safety
standards, or to pay an amount in the manner prescribed to be used to conduct the
research.
Order additional to other punishment
(2) The court may make the order in addition to any other punishment imposed on the
person and shall have regard to the nature of the offence and the circumstances
surrounding its commission.
Monetary limit
(3) The total value of what the person may be required to do under paragraphs (1)(b) to
(d) in relation to a single offence must not exceed one million dollars.
Breach of order
(4) If the person contravenes or fails to comply with the order, the person is guilty
of
(a) an offence punishable on summary conviction and liable to a find not exceeding
fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars
for each subsequent offence; or
(b) an indictable offence and liable to imprisonment for a term not exceeding two
years.
Limitation period for summary conviction offences
35. Proceedings by way of summary conviction may be instituted at any
time within, but not later than, two years after the day on which the subject-matter of
the proceedings arose.
Continuing offence
36. Where an offence is committed or continued on more than one day,
the person who committed the offence is liable to be convicted for a separate offence for
each day on which the offence is committed or continued.
Venue
37. A complaint or an information in respect of an offence may be
heard, tried or determined by any competent court of criminal jurisdiction in a province
if the accused is resident or carrying on business within the territorial jurisdiction of
that court although the matter of the complaint or information did not arise in that
territorial jurisdiction.
Offences by employee or agent
38. In any prosecution for an offence, it is sufficient proof of the
offence to establish that it was committed by an employee or agent of the accused, whether
or not the employee or agent is identified or has been prosecuted for the offence.
Officers, etc., of corporation
39. Where a corporation commits an offence. an officer, director or
agent of the corporation who directed, authorized, assented to, acquiesced in or
participated in the commission of the offence is a party to and guilty of the offence and
is liable on conviction to the punishment provided for the offence, whether or not the
corporation has been prosecuted for the offence.
Defence
40. No person shall be found guilty of an offence if it is established
that the person took all reasonable measures to comply with this Act or to prevent the
commission of the offence.
Certificate or report of inspector
41. (1) In any prosecution for an offence, a certificate, report or
other document, appearing to have been signed by the Minister or by an inspector, is
admissible in evidence without proof of the signature or official character of the person
appearing to have signed it and, in the absence of evidence to the contrary, is proof of
the matters asserted in it.
Copies
(2) In any prosecution for an offence, a copy made by an inspector under section 15 and
appearing to have been certified under the inspector's signature as a true copy is
admissible in evidence without proof of the signature or official character of the person
appearing to have signed it and, in the absence of evidence to the contrary, has the same
probative force as the original would have if it were proved in the ordinary way.
Notice
(3) No certificate, report or copy shall be received in evidence unless the party
intending to produce it has, before the trial, served on the party against whom it is
intended to be produced reasonable notice of that intention together with a duplicate of
the certificate, report or copy.
Safety marks and prescribed documents
42. In any prosecution for an offence, evidence that a means of
containment or transport bore a safety mark or was accompanied by a prescribed document
is, in the absence of evidence to the contrary, proof of the information shown or
indicated by the safety mark or contained in the prescribed document.
(Sections 2 and 27)
Class 1 Explosives, including explosives within the meaning of the Explosives Act
Class 2 Gases: compressed, deeply refrigerated, liquefied or dissolved under pressure
Class 3 Flammable and combustible liquids
Class 4 Flammable solids; substances liable to spontaneous combustion; substances that
on contact with water emit flammable gases
Class 5 Oxidizing substances; organic peroxides
Class 6 Poisonous (toxic) and infectious substances
Class 7 -- Nuclear substances, within the meaning of the Nuclear Safety and Control
Act, that are radioactive
Class 8 Corrosives
Class 9 Miscellaneous products, substances or organisms considered by the Governor in
Council to be dangerous to life, health, property or the environment when handled, offered
for transport or transported and prescribed to be included in this class
List of Amendments
STATUTES OF CANADA, 1992, CHAPTER 34.
NOTE: The Revised Statutes of Canada, 1985, Chapter T-19 was repealed by section 47 of
this Act.
| Section |
Revised Statutes of Canada |
In force
yyyy/mm/dd |
| 2 |
1999, c. 31, s. 212 |
1999/06/17 |
| . |
1997, c.9, s.122 |
2000/05/31 |
| 7 |
1994, c,26,s.69 |
1994/06/23 |
| 12 |
1994, c,26,s.70 |
1994/06/23 |
| 24(F) |
1994, c,26,s.71 |
1994/06/23 |
| 31(F) |
1994, c,26,s.72 |
1994/06/23 |
| 32 |
1994, c,26,s.73 |
1994/06/23 |
| Class 7 of the Schedule |
1997, c.9, s.123 |
2000/05/31 |
|
Responsibility
