Transportation of Dangerous Goods Act, 1992

History of the Act Slide

Items included in the act

Break into 5 groups.

Stakeholder 5

Stakeholder 4

Stakeholder Dave :

Oil and Gas Industry

Safety and Security

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.

http://laws-lois.justice.gc.ca/eng/acts/T-19.01/page-2.html#docCont

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.

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.

http://laws-lois.justice.gc.ca/eng/acts/T-19.01/page-5.html#h-12

*Application of act

*Agreement with Provinces

*Safety Requirements, Security Requirements, Safety Standards and Safety Marks

*Compliance Marks and Dangerous Goods Marks

*Emergency response assistance plans

*Security plans

*Means of containment

*Inspectors

*Financial responsibility

*Monitoring compliance

*Duty to respond

*Intervention

*Personal Liability

*Inquiries

*Recovery of costs and expenses

*Disclosure of information

*Research and Advice

*Regulations, measures and orders

*Offences and punishment

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).

With this many shipments happening, the potential to hurt people, communities and the environment is quite high. Manufacturers, carriers, users and terminals along with governments must constantly move towards reducing the chance of accidents in the transportation of dangerous goods and the possible damage it might enact. And so, the government has created regulations that cover all aspects of the transportation of dangerous goods within Canada.

The “Transportation of Dangerous Goods Act” was created to ensure that safety standards were met as well as provide the framework of accountability for industry that comes in contact with or is affected by the transportation of dangerous goods. Items classified as dangerous goods, that are needed for sustaining Canadians' way of life are transported within Canada. There are so many kinds of these shipments that happen each year that it is difficult to calculate the actual amount. It is estimated to be within the multimillions.

Transportation of Dangerous Goods Act Summary

Stakeholder 3

*Created in 1992

* An Act to promote public safety in the transportation of dangerous goods.

* Administered by the Minister of Transport

https://www.tc.gc.ca/eng/acts-regulations/acts-1992c34.htm

Stakeholder 2

Transportation of Dangerous Goods Act, 1992