Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

Safety and Security

Safety Requirements, Security Requirements, Safety Standards and Safety Marks

Marginal note:General prohibition

 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.

  • 1992, c. 34, s. 5
  • 2009, c. 9, s. 4

Marginal note:Prohibition — means of containment

 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.

  • 2009, c. 9, s. 4

Compliance Marks and Dangerous Goods Marks

Marginal note:Prohibition — compliance mark

 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.

  • 1992, c. 34, s. 6
  • 2009, c. 9, s. 6

Marginal note:Prohibition — dangerous goods mark

 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.

  • 2009, c. 9, s. 6

Emergency Response Assistance Plans and Security Plans

Emergency Response Assistance Plans

Marginal note:Emergency response assistance plan

  •  (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.

  • 1992, c. 34, s. 7
  • 1994, c. 26, s. 69
  • 2009, c. 9, s. 6

Marginal note:Direction and permission

 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.

  • 2009, c. 9, s. 6

Marginal note:Compensation

  •  (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.

  • 2009, c. 9, s. 6

Security Plans

Marginal note:Security plan

  •  (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.

  • 2009, c. 9, s. 6

Means of Containment

Marginal note:Improper means of containment

 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.

  • 1992, c. 34, s. 8
  • 2009, c. 9, s. 7

Marginal note:Supply records

  •  (1) A manufacturer or importer of standardized means of containment shall keep records of the persons to whom the manufacturer or importer supplies the means of containment.

  • 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.

  • 1992, c. 34, s. 9
  • 2009, c. 9, s. 8
 
Date modified: