Public Consultation on proposed amendments to Schedule XV of the Contraventions Regulations (Transportation of Dangerous Goods Act, 1992)

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Current Status: Open

Open on July 17, 2023 and will be closed on September 8, 2023.

The Government of Canada wants to increase fine amounts under Schedule XV of the Contraventions Regulations related to the Transportation of Dangerous Goods Act, 1992.

The objective is to update the fine amounts that are associated with designated offences to maintain their deterrent effect. The proposed modification also aims at increasing compliance with the Transportation of Dangerous Goods Act (TDGA), and as a result, increase safety in the transportation of dangerous goods by all modes of transport.

Background

To support the implementation and management of the Contraventions Regime, an evaluation of the Contraventions Act Program in 2021 assessed activities undertaken by Justice Canada between 2016-17 and 2019-20. The evaluation recommended that relevant federal departments and agencies be engaged in a systemic review of fine levels, to ensure that the Contraventions Act is achieving its intended impact on those who commit offences designated as contraventions.

Justice Canada agreed with the recommendation and advised that Transport Canada and all departments that have offences designated as contraventions, increase their existing fine amounts.

In Schedule XV of the Contraventions Regulations, fines have remained the same since the Transportation of Dangerous Goods Act, 1992 where offences were included in the Contraventions Regulations in 2007. Updating the amount of the fines will help maintain their deterrent effect and respond to Justice Canada's recommendation. In setting the new fine amounts related to the TDGA, factors such as inflation, the reasonableness of the proposed amount and the level of risk were considered.

Transport Canada, in collaboration with Justice Canada, is therefore seeking your comments on the proposed fine amounts found in Table 1 below.

Join in: how to participate

Transport Canada is seeking comments during the final development process of the Contraventions Regulations (Transportation of Dangerous Goods Act, 1992. The feedback received will be taken into consideration in the development of the final publication.

Comments should be sent by email or by mail at the address below by September 8, 2023.

Department of Transport
Transportation of Dangerous Goods Directorate
L'Esplanade Laurier
330 Laurier Avenue West
Ottawa, Ontario
K1A 1J2

E-mail: TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

Share your ideas

The Government of Canada wants to increase fine amounts under Schedule XV of the Contraventions Regulations related to the Transportation of Dangerous Goods Act, 1992.

The objective is to update the fine amounts that are associated with designated offences to maintain their deterrent effect. The proposed modification also aims at increasing compliance with the Act, and as a result, increase safety in the transportation of dangerous goods by all modes.

The table below demonstrates the current fine amounts and the proposed fine amounts. As shown, the existing fine amounts do not take into account inflation and are no longer sufficiently significant to deter potential offenders.

Table 1. Proposed fine amounts for Schedule XV of the Contraventions Regulations
Item	Provision of TDGA, 1992	Short-Form Description	Current Fine ($)	Proposed Fine ($)
1	5(a)	Failing to comply with safety and security requirements	700	2,000
2	5(b)	Failing to accompany dangerous goods with required documents	500	2,000
3	5(c)	Failing to use required or permitted means of containment	500	2,000
4	5(d)	Failing to comply with safety standards or to display safety marks	500	2,000
5	5.1	Failing to comply with means of containment safety requirements	500	2,500
6	6	Affixing or displaying a misleading compliance mark	500	2,000
7	6.1	Affixing or displaying a misleading dangerous goods mark	500	2,000
8	8	Engaging in an activity in respect of a means of containment without required safety marks	500	2,000
9	9(1)	Failing to keep supply records	500	2,000
10	18(1)	Failing to report release or anticipated release of dangerous goods	1 000	4,000
11	18(2)	Failing to take reasonable emergency measures in respect of release	1 000	4,000
12	18(3)	Failing to report loss or theft to prescribed person	1 000	4,000

These increases would provide enforcement officers with a more appropriate enforcement tool to promote compliance. Note that this proposal would not amend any of the short-form description that is reproduced on a ticket.

Who is the focus of this consultation

All Canadians are invited to participate in the consultation. Those who may be especially interested in participating include:

All persons who import, offer for transport, handle or transport dangerous goods by road, rail, air, and marine; and
Canadian law enforcement agencies.

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