An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)
Full Document:
Assented to 2009-05-14
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.
9. The heading before section 10 of the Act is replaced by the following:
INSPECTORS
10. Subsections 10(1) and (2) of the Act are replaced by the following:
Marginal note:Designation of inspectors
10. (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for any of the purposes of this Act, and may revoke such a designation.
Marginal note:Certificate of designation
(2) The Minister shall give every inspector a certificate of designation showing the matters in respect of which the inspector is designated, including the purposes, classes of dangerous goods, means of containment, means of transport and places for which the inspector is designated.
Marginal note:1994, c. 26, s. 70
11. Sections 11 and 12 of the Act are repealed.
12. Section 13 of the Act is replaced by the following:
Marginal note: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.
Marginal note:Obstruction of qualified person
(2) When a qualified person is exercising powers under subsection 15(3), no person shall
(a) fail to comply with any reasonable request of the qualified person;
(b) knowingly make any false or misleading statement either orally or in writing to the qualified person; or
(c) otherwise obstruct or hinder the qualified person.
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