An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)
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Assented to 2009-05-14
An Act to amend the Transportation of Dangerous Goods Act, 1992
S.C. 2009, c. 9
Assented to 2009-05-14
An Act to amend the Transportation of Dangerous Goods Act, 1992
SUMMARY
This enactment amends the Transportation of Dangerous Goods Act, 1992, in order to enhance public safety — the safety of human life and health and of property and the environment.
The main amendments fall into two categories: new security requirements and safety amendments. These amendments include the following:
(a) requirements for security plans and security training;
(b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances;
(c) the creation of a choice of instruments — regulations, security measures and interim orders — to govern security in relation to dangerous goods;
(d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation;
(e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen;
(f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings;
(g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and
(h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 34TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
Marginal note:1997, c. 9, s. 122
1. (1) The definitions “accidental release”, “import”, “safety requirements”, “safety standards” and “ship” in section 2 of the Transportation of Dangerous Goods Act, 1992 are repealed.
(2) The definition indication de danger in section 2 of the French version of the Act is repealed.
(3) The definitions “means of containment”, “means of transport”, “shipping record” and “standardized means of containment” in section 2 of the Act are replaced by the following:
“means of containment”
« contenant »
“means of containment” means a container or packaging, or any part of a means of transport that is or can be used to contain goods;
“means of transport”
« moyen de transport »
“means of transport” means a road or railway vehicle, aircraft, vessel, pipeline or any other contrivance that is or can be used to transport persons or goods;
“shipping record”
« registre d’expédition »
“shipping record” means a record that relates to dangerous goods being imported, offered for transport, handled or transported and that describes or contains information relating to the goods, and includes electronic records of information;
“standardized means of containment”
« contenant normalisé »
“standardized means of containment” means a means of containment to which a safety standard applies under the regulations.
(4) The definition “safety mark” in section 2 of the English version of the Act is replaced by the following:
“safety mark”
« indication de sécurité »
“safety mark” means a dangerous goods mark or a compliance mark;
(5) The definition sécurité publique in section 2 of the French version of the Act is replaced by the following:
« sécurité publique »
“public safety”
sécurité publique Sécurité pour la santé et la vie humaines, les biens et l’environnement.
(6) Section 2 of the Act is amended by adding the following in alphabetical order:
“compliance mark”
« indication de conformité »
“compliance mark” means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed on a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods to indicate compliance with a safety standard that applies under the regulations;
“dangerous goods mark”
« indication de marchandises dangereuses »
“dangerous goods mark” means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed to indicate the presence or nature of danger on dangerous goods, or on a means of containment or means of transport used in importing, offering for transport, handling or transporting dangerous goods;
“organization”
« organisation »
“organization” has the same meaning as in section 2 of the Criminal Code;
“person”
« personne »
“person” means an individual or an organization;
“release”
« rejet »
“release” means, in relation to dangerous goods,
(a) a discharge, emission, explosion, outgassing or other escape of dangerous goods, or any component or compound evolving from dangerous goods, from a means of containment being used to handle or transport the dangerous goods, or
(b) an emission, from a means of containment being used to handle or transport dangerous goods, of ionizing radiation that exceeds a level or limit established under the Nuclear Safety and Control Act;
“safety requirement”
« règle de sécurité »
“safety requirement” means
(a) a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods,
(b) a requirement for persons engaged in designing, manufacturing, repairing, testing or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or
(c) a requirement for reporting by persons referred to in paragraphs (a) and (b) or a requirement for their training or registration;
“safety standard”
« norme de sécurité »
“safety standard” means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, testing, equipping, functioning, use or performance;
“security requirement”
« règle de sûreté »
“security requirement” means a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods established under regulations made under section 27.1;
“vessel”
« bâtiment »
“vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001.
(7) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« indication de sécurité »
“safety mark”
indication de sécurité Toute indication de marchandises dangereuses ou toute indication de conformité.
2. The Act is amended by adding the following after section 2:
Marginal note:Interpretation
2.1 For the purposes of this Act, a person who is named in a shipping record accompanying dangerous goods or a means of containment on entry into Canada as the person in Canada to whom the dangerous goods or the means of containment is to be delivered is deemed to be importing the dangerous goods or means of containment.
3. Subsections 3(2) to (4) of the Act are replaced by the following:
Marginal note:Application
(2) In addition to its application in Canada, this Act applies to vessels and aircraft outside Canada that are registered in Canada.
Marginal note:Exceptions — regulations and certificates
(3) This Act does not apply to the extent that its application is excluded by a regulation made under paragraph 27(1)(e) or by a certificate issued under section 31.
Marginal note:Other exceptions
(4) This Act does not apply in relation to
(a) any activity or thing under the sole direction or control of the Minister of National Defence, including in circumstances in which the regulations provide that it is under that Minister’s sole direction or control;
(b) commodities transported by a pipeline governed by the National Energy Board Act, the Canada Oil and Gas Operations Act or the law of a province; or
(c) dangerous goods confined only by the permanent structure of a vessel.
4. Section 5 of the Act and the heading before it are replaced by the following:
SAFETY AND SECURITY
Safety Requirements, Security Requirements, Safety Standards and Safety Marks
Marginal note:General prohibition
5. No person shall import, offer for transport, handle or transport any dangerous goods unless
(a) the person complies with all safety requirements and security requirements that apply under the regulations;
(b) the goods are accompanied by all documents that are required under the regulations;
(c) a means of containment is used for the goods that is required or permitted under the regulations; and
(d) the means of containment and means of transport comply with all safety standards that apply under the regulations and display all applicable safety marks in accordance with the regulations.
Marginal note:Prohibition — means of containment
5.1 No person shall design, manufacture, repair, test or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations.
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