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.
The Transportation of Dangerous Goods Directorate has been working in close collaboration with the Department of Justice in order to update Schedule XV to take into consideration amendments made to the TDG Act in 2009 (S.C. 2009, c. 9, SI/2009-0053) which now includes security-related concepts, new requirements regarding the manufacture and certification of means of containment used for transporting dangerous goods, and new reporting requirements for the loss or theft of dangerous goods. This work led to the publication of the Regulations Amending the Contraventions Regulations (Schedule XV) in Canada Gazette, Part II on February 21, 2018.
The amendment shortens the length of existing short-form descriptions already designated as contraventions. Some short-form descriptions were too long and could not be entirely reproduced in the space allotted on the ticket. Following this amendment, the enforcement authorities will now be able to carry out their duties while still ensuring the viability of the prosecution.
This amendment:
- Amends certain existing short-form descriptions in order to reflect more accurately the wording of the offence as described in the TDG Act;
- Shortens the length of existing short-form descriptions already designated as contraventions so they can be reproduced in the allotted space on the ticket; and
- Designates certain TDG Act offences as contraventions by adding short-form descriptions and fine amounts.
The offences in the table below have been designated as contraventions and can now 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. |
700 |
|
5(b) |
Failing to accompany dangerous goods with required documents. |
500 |
|
5(c) |
Failing to use required or permitted means of containment. |
500 |
|
5(d) |
Failing to comply with safety standards or to display safety marks. |
500 |
|
5.1 |
Failing to comply with means of containment safety requirements. |
500 |
|
6 |
Affixing or displaying a misleading compliance mark. |
500 |
|
6.1 |
Affixing or displaying a misleading dangerous goods mark. |
500 |
|
8 |
Engaging in an activity in respect of a means of containment without required safety marks. |
500 |
|
9(1) |
Failing to keep supply records. |
500 |
|
18(1) |
Failing to report release or anticipated release of dangerous goods. |
1,000 |
|
18(2) |
Failing to take reasonable emergency measures in respect of release. |
1,000 |
|
18(3) |
Failing to report loss or theft to prescribed person. |
1,000 |