Companies who import, handle, offer for transport, or transport dangerous goods would be well-advised to make themselves aware of recent changes to the Transportation of Dangerous Goods Act, 1992. While these changes are intended to enhance public safety and security during the transport of dangerous goods, they make compliance more onerous for those dealing with dangerous goods. The changes make regulation in this area more strict, provide more discretion to the Minister, and broadened the authority for inspections.

Security

The new security provisions require prescribed persons to hold a transportation security clearance. The Minister of Transport will have discretion to grant or refuse such clearances to any person and to suspend or revoke such a clearance. The regulations will detail the quantity or concentration for the security clearance. If a person does not have the security clearance (as issued by the Minister), that person cannot offer for transport, import, transport or handle the dangerous goods. The new security provisions also require the implementation of security plans and security training. Security measures and interim orders may also be used in enforcement, and new regulations could be made to provide a means of tracking dangerous goods during transport and would require the reporting of the loss or theft of dangerous goods.

Safety

Persons engaged in the design, manufacture, repair, testing or equipping a means of containment are now subject to any "safety requirement" provision. Inspectors have been enabled to inspect any place where a means of containment is being manufactured, repaired or tested. The amended Act allows a shipping record to be used in court as evidence of the presence of dangerous goods in a means of containment.

Additionally, the amendments reinforce and strengthen the Emergency Response Assistance Plan Program, including the use of emergency response assistance plans to respond to an actual or anticipated "release" of dangerous goods during their transportation. The concept of "importer" has been changed so that it would be clearer who the importer in Canada is for purposes of meeting the obligations under the Act.

Offences and Punishment

The amended Act now provides that if a person contravenes: the Act, the regulations, a security measure, an interim order, or a direction issued by an inspector, that person is guilty of an offence. Finally, the period during which summary convictions can be instituted has been extended from two to five years, which is a significant extension of that limitation period.

If you have any thoughts or questions about the Transportation of Dangerous Goods Act, 1992, we would love to hear from you.   You can reach the writer at sean.morrison@gowlings.com or you can visit our website at  www.gowlings.com/industry/md.asp.