An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)
Full Document:
- HTMLFull Document: An Act to amend the Transportation of Dangerous Goods Act, 1992 (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Transportation of Dangerous Goods Act, 1992 [202 KB]
Assented to 2009-05-14
An Act to amend the Transportation of Dangerous Goods Act, 1992
S.C. 2009, c. 9
Assented to 2009-05-14
An Act to amend the Transportation of Dangerous Goods Act, 1992
SUMMARY
This enactment amends the Transportation of Dangerous Goods Act, 1992, in order to enhance public safety — the safety of human life and health and of property and the environment.
The main amendments fall into two categories: new security requirements and safety amendments. These amendments include the following:
(a) requirements for security plans and security training;
(b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances;
(c) the creation of a choice of instruments — regulations, security measures and interim orders — to govern security in relation to dangerous goods;
(d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation;
(e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen;
(f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings;
(g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and
(h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 34TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
Marginal note:1997, c. 9, s. 122
1. (1) The definitions “accidental release”, “import”, “safety requirements”, “safety standards” and “ship” in section 2 of the Transportation of Dangerous Goods Act, 1992 are repealed.
(2) The definition indication de danger in section 2 of the French version of the Act is repealed.
(3) The definitions “means of containment”, “means of transport”, “shipping record” and “standardized means of containment” in section 2 of the Act are replaced by the following:
“means of containment”
« contenant »
“means of containment” means a container or packaging, or any part of a means of transport that is or can be used to contain goods;
“means of transport”
« moyen de transport »
“means of transport” means a road or railway vehicle, aircraft, vessel, pipeline or any other contrivance that is or can be used to transport persons or goods;
“shipping record”
« registre d’expédition »
“shipping record” means a record that relates to dangerous goods being imported, offered for transport, handled 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 to which a safety standard applies under the regulations.
(4) The definition “safety mark” in section 2 of the English version of the Act is replaced by the following:
“safety mark”
« indication de sécurité »
“safety mark” means a dangerous goods mark or a compliance mark;
(5) The definition sécurité publique in section 2 of the French version of the Act is replaced by the following:
« sécurité publique »
“public safety”
sécurité publique Sécurité pour la santé et la vie humaines, les biens et l’environnement.
(6) Section 2 of the Act is amended by adding the following in alphabetical order:
“compliance mark”
« indication de conformité »
“compliance mark” means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed on a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods to indicate compliance with a safety standard that applies under the regulations;
“dangerous goods mark”
« indication de marchandises dangereuses »
“dangerous goods mark” means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed to indicate the presence or nature of danger on dangerous goods, or on a means of containment or means of transport used in importing, offering for transport, handling or transporting dangerous goods;
“organization”
« organisation »
“organization” has the same meaning as in section 2 of the Criminal Code;
“person”
« personne »
“person” means an individual or an organization;
“release”
« rejet »
“release” means, in relation to dangerous goods,
(a) a discharge, emission, explosion, outgassing or other escape of dangerous goods, or any component or compound evolving from dangerous goods, from a means of containment being used to handle or transport the dangerous goods, or
(b) an emission, from a means of containment being used to handle or transport dangerous goods, of ionizing radiation that exceeds a level or limit established under the Nuclear Safety and Control Act;
“safety requirement”
« règle de sécurité »
“safety requirement” means
(a) a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods,
(b) a requirement for persons engaged in designing, manufacturing, repairing, testing or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or
(c) a requirement for reporting by persons referred to in paragraphs (a) and (b) or a requirement for their training or registration;
“safety standard”
« norme de sécurité »
“safety standard” means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, testing, equipping, functioning, use or performance;
“security requirement”
« règle de sûreté »
“security requirement” means a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods established under regulations made under section 27.1;
“vessel”
« bâtiment »
“vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001.
(7) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« indication de sécurité »
“safety mark”
indication de sécurité Toute indication de marchandises dangereuses ou toute indication de conformité.
2. The Act is amended by adding the following after section 2:
Marginal note:Interpretation
2.1 For the purposes of this Act, a person who is named in a shipping record accompanying dangerous goods or a means of containment on entry into Canada as the person in Canada to whom the dangerous goods or the means of containment is to be delivered is deemed to be importing the dangerous goods or means of containment.
3. Subsections 3(2) to (4) of the Act are replaced by the following:
Marginal note:Application
(2) In addition to its application in Canada, this Act applies to vessels and aircraft outside Canada that are registered in Canada.
Marginal note:Exceptions — regulations and certificates
(3) This Act does not apply to the extent that its application is excluded by a regulation made under paragraph 27(1)(e) or by a certificate issued under section 31.
Marginal note: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, including in circumstances in which the regulations provide that it is under that Minister’s sole direction or control;
(b) commodities transported by a pipeline governed by the National Energy Board Act, the Canada Oil and Gas Operations Act or the law of a province; or
(c) dangerous goods confined only by the permanent structure of a vessel.
4. Section 5 of the Act and the heading before it are replaced by the following:
SAFETY AND SECURITY
Safety Requirements, Security Requirements, Safety Standards and Safety Marks
Marginal note:General prohibition
5. No person shall import, offer for transport, handle or transport any dangerous goods unless
(a) the person complies with all safety requirements and security requirements that apply under the regulations;
(b) the goods are accompanied by all documents that are required under the regulations;
(c) a means of containment is used for the goods that is required or permitted under the regulations; and
(d) the means of containment and means of transport comply with all safety standards that apply under the regulations and display all applicable safety marks in accordance with the regulations.
Marginal note:Prohibition — means of containment
5.1 No person shall design, manufacture, repair, test or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations.
5. The Act is amended by adding the following after section 5.1:
Transportation Security Clearances
Marginal note:Prohibition
5.2 (1) No prescribed person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — unless the person has a transportation security clearance granted under subsection (2).
Marginal note:Granting, suspending, etc.
(2) The Minister may, for the purposes of this Act, grant or refuse to grant a transportation security clearance to any person or suspend or revoke such a clearance.
Marginal note:1994, c. 26, s. 69
6. Sections 6 and 7 of the Act are replaced by the following:
Compliance Marks and Dangerous Goods Marks
Marginal note:Prohibition — compliance mark
6. No person shall affix or display on a means of containment a compliance mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — in respect of the manufacture, repair or testing of the means of containment, unless the manufacture, repair or testing was done in compliance with all safety requirements and safety standards applicable to that compliance mark.
Marginal note:Prohibition — dangerous goods mark
6.1 No person shall affix or display on dangerous goods, a means of containment or a means of transport a dangerous goods mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — if the mark is misleading as to the presence of danger or the nature of any danger.
EMERGENCY RESPONSE ASSISTANCE PLANS AND SECURITY PLANS
Emergency Response Assistance Plans
Marginal note:Emergency response assistance plan
7. (1) No person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — unless the person has an emergency response assistance plan that is approved under this section before
(a) importing the dangerous goods;
(b) offering the dangerous goods for transport; or
(c) handling or transporting the dangerous goods, in the case where no other person is required to have an emergency response assistance plan under paragraph (a) or (b) in respect of that handling or transporting.
Marginal note:Contents
(2) The plan shall outline what is to be done to respond to an actual or anticipated release of the dangerous goods in the course of their handling or transporting that endangers, or could endanger, public safety.
Marginal note:Approval
(3) The Minister may approve the plan for a specified period, if the Minister believes on reasonable grounds that it can be implemented and will be effective in responding to such a release.
Marginal note:Interim approval
(4) The Minister may grant an interim approval of the plan for a specified period before finishing the investigation of the matters to be considered under subsection (3) if the Minister has no reason to suspect that the plan cannot be implemented or will be ineffective in responding to such a release.
Marginal note:Revocation of approval
(5) The Minister may revoke an approval of an emergency response assistance plan if
(a) in the case of an interim approval, the Minister subsequently believes on reasonable grounds that the plan cannot be implemented or will be ineffective in responding to such a release;
(b) the Minister believes on reasonable grounds that the plan can no longer be implemented or will no longer be effective in responding to such a release;
(c) the Minister has requested changes to the plan that the Minister believes on reasonable grounds are needed to make it effective in responding to such a release and the changes have not been made within a reasonable time or have been refused;
(d) the Minister believes on reasonable grounds that there has been a release of dangerous goods to which the plan applies — or that such a release has been anticipated — and that the plan was not used to respond to the actual or anticipated release; or
(e) a direction made in respect of the plan under paragraph 7.1(a) has not been complied with.
Marginal note:Direction and permission
7.1 The Minister may, if the Minister believes that doing so is necessary for the protection of public safety,
(a) direct a person with an approved emergency response assistance plan to implement the plan, within a reasonable time as specified in the direction, in order to respond to an actual or anticipated release of dangerous goods to which the plan applies; or
(b) authorize a person with an approved emergency response assistance plan to implement the plan in order to respond to an actual or anticipated release of dangerous goods if the Minister does not know the identity of any person required under subsection 7(1) to have an emergency response assistance plan in respect of the release.
Marginal note:Compensation
7.2 (1) The Minister shall compensate, in accordance with the regulations, any person who is authorized to implement an approved emergency response assistance plan under paragraph 7.1(b) for expenses authorized to be compensated under the regulations that are incurred by that person as a result of implementing the plan.
Marginal note:Payment out of C.R.F.
(2) The compensation shall be paid out of the Consolidated Revenue Fund.
Security Plans
Marginal note:Security plan
7.3 (1) No prescribed person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — before the person has undergone security training in accordance with the regulations, has a security plan that meets the requirements of subsection (2) and has implemented the plan in accordance with the regulations.
Marginal note:Contents
(2) The plan shall, in accordance with the regulations, set out measures to prevent the dangerous goods from being stolen or otherwise unlawfully interfered with in the course of the importing, offering for transport, handling or transporting.
7. Section 8 of the Act is replaced by the following:
Marginal note: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 safety marks in accordance with the regulations.
8. (1) Subsection 9(1) of the French version of the Act is replaced by the following:
Marginal note:Registre des clients
9. (1) Les fabricants ou les importateurs de contenants normalisés tiennent un registre des personnes à qui ils les fournissent.
(2) Subsection 9(2) of the Act is replaced by the following:
Marginal note:Notice of defective construction or recall
(2) If the Minister believes on reasonable grounds that any standardized means of containment is unsafe as supplied by the manufacturer or as imported for handling or transporting dangerous goods, the Minister may direct the manufacturer or importer to issue a notice of defective construction or recall to the person to whom it was supplied.
Marginal note:Notice of defective repair or defective testing
(3) The Minister may direct a person who repaired or tested a standardized means of containment to issue a notice of defective repair or defective testing, as the case may be, to the person for whom it was repaired or tested, or to publish the notice in a manner such that the notice is likely to come to that person’s attention, if the Minister believes on reasonable grounds that the person who repaired or tested the standardized means of containment
(a) failed to comply with an applicable safety requirement or safety standard; and
(b) affixed to the standardized means of containment — or did not remove from it — the safety mark that indicates that the safety requirement or safety standard had been complied with.
Page Details
- Date modified: