Enforcement of the Transportation of Dangerous Goods Act, 1992 (TDG Act) is currently done through a contraventions regime which designates certain offences as contraventions pursuant to Schedule XV of the Contraventions Regulations. These Regulations have been updated through the publication of the Regulations Amending the Contraventions Regulations (Schedule XV, Transportation of Dangerous Goods Act, 1992) in the Canada Gazette, Part II on December 20, 2023.
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. Therefore, in 2023, the Department of Justice and the Transportation of Dangerous Goods (TDG) Directorate worked in close collaboration in reviewing existing fine amounts under Schedule XV of the Contraventions Regulations. As existing fine amounts had not been updated since the offences were first included in the Contraventions Regulations in 2007, it was recommended to update the fines to a more appropriate level in order to maintain their deterrent effect. This work led to the publication of the Regulations Amending the Contraventions Regulations (Schedule XV, Transportation of Dangerous Goods Act, 1992) in the Canada Gazette, Part II on December 20, 2023.
Objective
The objective of the amendments is to increase the fine amounts associated with designated offences under the Transportation of Dangerous Goods Act, 1992 in order to promote the continued effectiveness of the Contraventions Regime as well as public safety in the transportation of dangerous goods by all modes of transport regulated by Transport Canada.
These amendments do not create new offences, nor do they impose any new restrictions or burdens on individuals or businesses. These amendments aim at making prosecution of designated offences more appropriate and proportional to the seriousness of the offence.
Designated offenses and fines
The offences in the table below are designated as contraventions in Schedule XV of the Contraventions Regulations, and can be prosecuted by means of a contraventions ticket:
|
Provision of the Transportation of Dangerous Goods Act, 1992 |
Short-Form Description |
Fine ($) |
|---|---|---|
|
5(a) |
Failing to comply with safety and security requirements. |
2,000 |
|
5(b) |
Failing to accompany dangerous goods with required documents. |
2,000 |
|
5(c) |
Failing to use required or permitted means of containment. |
2,000 |
|
5(d) |
Failing to comply with safety standards or to display safety marks. |
2,000 |
|
5.1 |
Failing to comply with means of containment safety requirements. |
2,500 |
|
6 |
Affixing or displaying a misleading compliance mark. |
2,000 |
|
6.1 |
Affixing or displaying a misleading dangerous goods mark. |
2,000 |
|
8 |
Engaging in an activity in respect of a means of containment without required safety marks. |
2,000 |
|
9(1) |
Failing to keep supply records. |
2,000 |
|
18(1) |
Failing to report release or anticipated release of dangerous goods. |
4,000 |
|
18(2) |
Failing to take reasonable emergency measures in respect of release. |
4,000 |
|
18(3) |
Failing to report loss or theft to prescribed person. |
4,000 |