Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Duty to Respond

Marginal note:Duty to report

• 18 (1) Any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if the release endangers, or could endanger, public safety.

• Marginal note:Duty to take reasonable emergency measures

  (2) Every person required to make a report shall, as soon as possible in the circumstances, take all reasonable emergency measures to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from the release.

• Marginal note:Loss or theft

  (3) If dangerous goods in excess of a quantity or concentration that is specified by regulation are lost or stolen during their handling or transporting, any person who had the charge, management or control of the goods immediately before the loss or theft shall report it to every person prescribed for the purposes of this subsection.

Intervention

Marginal note:Grounds for intervention

• 19 (1) If an inspector believes on reasonable grounds that doing so is necessary to prevent an anticipated release of dangerous goods that could endanger public safety, or to reduce any danger to public safety that results or could result from an actual release of dangerous goods, the inspector may do any of the following:

  • (a) remove the dangerous goods, or a means of containment being used to handle or transport the dangerous goods, to an appropriate place, or direct a person to remove the dangerous goods or the means of containment to such a place;

  • (b) direct a person to do anything else to prevent the release or reduce any resulting danger to public safety, or to refrain from doing anything that might impede the prevention of the release or the reduction of the danger; and

  • (c) exercise any power set out in section 15.

• Marginal note:Persons liable to direction

  (2) Such a direction may be issued only to any person

  • (a) who, when the release occurs or is anticipated or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment;

  • (b) who is required under section 7 to have an emergency response assistance plan that applies to the actual or anticipated release;

  • (c) who is responding to the actual or anticipated release in accordance with an emergency response assistance plan approved under section 7; or

  • (d) who causes or contributes to the occurrence of the actual or anticipated release.

Personal Liability

Marginal note:Personal liability

20 The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence:

• (a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release;

• (b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and

• (c) any person who acts in accordance with an authorization given under paragraph 7.1(b).

Inquiries

Marginal note:Minister may order inquiry

• 21 (1) If a release of dangerous goods from a means of containment being used to handle or transport dangerous goods has resulted in death or injury to any person or damage to any property or the environment, the Minister may direct a public inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and may authorize any person or persons that the Minister considers qualified to conduct the inquiry.

• Marginal note:Powers of persons conducting inquiries

  (2) For the purposes of the inquiry, any person authorized by the Minister has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

• Marginal note:Compatible procedures and practices

  (3) The person or persons authorized to conduct the inquiry shall ensure that, as far as practicable, the procedures and practices for the inquiry are compatible with any investigation procedures and practices followed by any appropriate provincial authorities, and may consult with those authorities concerning compatible procedures and practices.

• Marginal note:Report

  (4) As soon as possible after the inquiry is concluded, the person or persons authorized to conduct the inquiry shall submit a report with recommendations to the Minister, together with all the evidence and other material that was before the inquiry.

• Marginal note:Publication

  (5) The Minister shall publish the report within thirty days after receiving it.

• Marginal note:Copies of report

  (6) The Minister may supply copies of the report in any manner and on any terms that the Minister considers proper.

Recovery of Costs and Expenses

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

• 22 (1) Her Majesty in right of Canada may recover the costs and expenses reasonably incurred while taking any measures under section 17 or 19.

• Marginal note:Persons liable

  (2) The costs and expenses may be recovered jointly and severally from any persons who, through their fault or negligence or that of others for whom they are by law responsible, caused or contributed to the circumstances necessitating the measures.

• Marginal note:Presumption

  (3) For the purposes of proceedings under this section, a defendant engaged in an activity in relation to which this Act applies shall be presumed to have been at fault or negligent unless it is established, on a balance of probabilities, that the defendant and any others for whom the defendant is by law responsible took all reasonable measures to comply with this Act and the regulations.

• Marginal note:Procedure

  (4) All claims under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken for the claims in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• Marginal note:Recourse or indemnity

  (5) This section does not limit or restrict any right of recourse or indemnity that any person who is liable under subsection (1) may have against any other person.

• Marginal note:Civil remedies

  (6) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is an offence under this Act or gives rise to liability under this section.

• Marginal note:Operator’s liability under Nuclear Liability and Compensation Act

  (7) Nothing in this section relieves an operator, as defined in section 2 of the Nuclear Liability and Compensation Act, from any duty or liability imposed on them under that Act.

• Marginal note:Limitation period

  (8) Proceedings in respect of a claim under this section may be instituted no later than two years after the day the events in respect of which the proceedings are instituted occurred or became evident.

Disclosure of Information

Marginal note:Notice for disclosure of information

• 23 (1) The Minister may, by registered mail, send a written notice to any manufacturer, producer, distributor or importer of any product, substance or organism requesting the disclosure of information relating to its formula, composition or chemical ingredients and any similar information that the Minister considers necessary for the administration or enforcement of this Act.

• Marginal note:Disclosure

  (2) A person who receives a notice shall disclose the requested information to the Minister within the time and in the manner specified in the notice.

Marginal note:Privileged information

• 24 (1) The following information is privileged:

  • (a) information disclosed under section 23 and information of a similar nature obtained by an inspector under section 15;

  • (b) information in a record of a communication between any person and the Canadian Transport Emergency Centre of the Department of Transport relating to an actual or anticipated release of dangerous goods; and

  • (c) information relating to security that is obtained under paragraph 15(2)(d).

• Marginal note:Exceptions

  (2) Information is not privileged to the extent that it

  • (a) relates only to the dangerous properties of a product, substance or organism without revealing its formula, composition or chemical ingredients; or

  • (b) is required to be disclosed or communicated for the purposes of an emergency involving public safety.

• Marginal note:Evidence in legal proceedings

  (3) Despite any other Act or law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or to give evidence relating to it unless the proceedings relate to the administration or enforcement of this Act.

• Marginal note:Disclosure

  (4) No person shall knowingly communicate privileged information or allow it to be communicated to any person, or allow any other person to have access to the information, except

  • (a) with the written consent of the person from whom the information was obtained under section 15 or who disclosed the information under section 23 or in a record of a communication referred to in paragraph (1)(b);

  • (b) for the purposes of the administration or enforcement of this Act, in the case of information obtained under section 15 or disclosed under section 23; or

  • (c) to an inspector for the purposes of emergency response analysis or training of inspectors, in the case of information obtained in a record of a communication referred to in paragraph (1)(b).

Research and Advice

Marginal note:Technical research and publication

25 The Minister may

• (a) conduct, alone or in cooperation with any government, agency, body or person, whether Canadian or not, programs of technical research and investigation into the development and improvement of safety marks, safety requirements, safety standards and regulations under this Act and coordinate the programs with similar programs undertaken in Canada; and

• (b) have information relating to the programs or their results published and distributed in a form and manner that are most useful to the public, the Government of Canada and the governments of the provinces.

Marginal note:Advisory councils

• 26 (1) The Minister may, by order,

  • (a) establish one or more advisory councils to advise the Minister on matters concerning existing or proposed safety marks, safety requirements and safety standards or on any other matters specified in the order;

  • (b) specify the period or periods during which the councils are to serve; and

  • (c) provide for any matters relating to the councils or their members as the Minister considers necessary.

• Marginal note:Membership

  (2) The Minister may determine the membership of any advisory council after any consultation that the Minister considers appropriate with the representatives of the transportation and related industries, the governments of the provinces, other interested persons and bodies and the public.