GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Transportation of Dangerous Goods Act, 1992 — T-19.01 9
Supply records 9 (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. 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. 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
Transportation of Dangerous Goods Act, 1992 — T-19.01 10
Designation of 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. Certificate of designation (2) The Minister shall give every inspector a certificate of designation showing the matters in respect of which the inspector is designated, including the purposes, classes of dangerous goods, means of containment, means of transport and places for which the inspector is designated. Certificate to be shown (3) On entering any place or inspecting anything, an inspector shall show the certificate to the person in charge of the place or thing if the person requests proof of the inspector’s designation. 1992, c. 34, s. 10; 2009, c. 9, s. 10
Transportation of Dangerous Goods Act, 1992 — T-19.01 13
Obstruction of inspectors 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. 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. 1992, c. 34, s. 13; 2009, c. 9, s. 12
Transportation of Dangerous Goods Act, 1992 — T-19.01 14
Financial responsibility 14 (1) No person shall import, offer for transport, handle or transport dangerous goods, or manufacture or import standardized means of containment, unless the person is financially responsible in accordance with the regulations. Proof of financial responsibility (2) A person who carries on any of those activities shall provide to an inspector on request the proof that is required under the regulations of financial responsibility. Limitation (3) This section does not apply to Her Majesty in right of Canada or a province or to the entities named in Schedules II and III to the Financial Administration Act . 1992, c. 34, s. 14; 2009, c. 9, s. 13
Transportation of Dangerous Goods Act, 1992 — T-19.01 15
Powers of inspector 15 (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 16 but at any reasonable time, stop any means of transport for which the inspector is designated and enter and inspect any place, or any such means of transport, if the inspector believes on reasonable grounds that in or on the place or means of transport there are (a) dangerous goods being offered for transport, handled or transported; (b) means of containment being manufactured, repaired or tested on which a compliance mark is displayed or will be affixed; (c) standardized means of containment; (d) books, shipping records, emergency response assistance plans, security plans or other documents that contain any information relevant to the purposes of this Act; or (e) computer systems, data processing systems or any other electronic devices or media that contain information relevant to the purposes of this Act, or that have such information available to them. Powers of inspector (2) In the course of carrying out an inspection under subsection (1), an inspector may (a) open and inspect, or request the opening and inspection of, any means of containment for which the inspector is designated, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the inspector believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport; (b) open and inspect, or request the opening and inspection of, any means of containment described in paragraph (1)(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods; (c) for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the inspector believes on reasonable grounds to be dangerous goods; (d) examine, or request the examining of, information described in paragraph (1)(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any of it; and (e) ask questions of any person for the purposes of this Act. Authorized person (3) An inspector may, in accordance with the regulations, authorize any qualified person to enter any place or means of transport that the inspector may enter under subsection (1) and to exercise any of the powers set out in subsection (2). 1992, c. 34, s. 15; 2009, c. 9, s. 14
Transportation of Dangerous Goods Act, 1992 — T-19.01 16
Warrant required to enter dwelling-place 16 (1) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant. Authority to issue warrant (2) Where on ex parte application a justice, as defined in section 2 of the Criminal Code , is satisfied by information on oath that (a) the conditions for entry described in section 15 exist in relation to a dwelling-place, (b) entry is necessary for the purposes of this Act, and (c) entry has been refused or there are reasonable grounds for believing that entry will be refused, the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to any conditions that may be specified in the warrant. Use of force (3) The inspector who executes the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. 1992, c. 34, s. 16; 2009, c. 9, s. 15(E)
Transportation of Dangerous Goods Act, 1992 — T-19.01 16.1
Certificate of inspection 16.1 (1) If an inspector or a person authorized under subsection 15(3) opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose. Effect of inspector’s certificate (2) The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the inspector or authorized person in the course of the inspection of the thing or the taking of the reasonable quantity from it, but is not otherwise exempt from compliance with this Act and the regulations. 2009, c. 9, s. 16
Transportation of Dangerous Goods Act, 1992 — T-19.01 17
Remedying non-compliance — dangerous goods 17 (1) An inspector may remove to an appropriate place any dangerous goods, the means of containment being used to handle or transport them or a standardized means of containment, or direct a person to do so, and may detain the thing removed until satisfied that the activity will be done in compliance with this Act, if the inspector believes on reasonable grounds that any of the following activities is being carried out in a way that does not comply with this Act: (a) importing, offering for transport, handling or transporting dangerous goods; or (b) selling, offering for sale, delivering, distributing, importing or using a standardized means of containment. Other measures (2) The inspector may also take any other measures necessary to remedy the non-compliance or direct a person to take the necessary measures. Direction not to bring into Canada (3) If the dangerous goods or means of containment originates from outside Canada and the inspector believes on reasonable grounds that measures to remedy the non-compliance are not possible or desirable, the inspector may direct that the goods or means of containment not be brought into Canada or that they be returned to their place of origin. Persons liable to direction (4) A direction may be issued under this section only to a person who, at the time of the non-compliance or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment. 1992, c. 34, s. 17; 2009, c. 9, s. 17
Transportation of Dangerous Goods Act, 1992 — T-19.01 18
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. 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. 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. 1992, c. 34, s. 18; 2009, c. 9, s. 18
Transportation of Dangerous Goods Act, 1992 — T-19.01 19
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. 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. 1992, c. 34, s. 19; 2009, c. 9, s. 19
Transportation of Dangerous Goods Act, 1992 — T-19.01 20
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). 1992, c. 34, s. 20; 2009, c. 9, s. 19
Transportation of Dangerous Goods Act, 1992 — T-19.01 21
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. 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 . 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. 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. Publication (5) The Minister shall publish the report within thirty days after receiving it. Copies of report (6) The Minister may supply copies of the report in any manner and on any terms that the Minister considers proper. 1992, c. 34, s. 21; 2009, c. 9, s. 20
Transportation of Dangerous Goods Act, 1992 — T-19.01 22
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. 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. 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. 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. 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. 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. 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. 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. 1992, c. 34, s. 22; 2009, c. 9, s. 21(F); 2015, c. 4, s. 123
Transportation of Dangerous Goods Act, 1992 — T-19.01 23
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. 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. 1992, c. 34, s. 23; 2009, c. 9, s. 22
Transportation of Dangerous Goods Act, 1992 — T-19.01 24
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). 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. 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. 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). 1992, c. 34, s. 24; 1994, c. 26, s. 71(F); 2009, c. 9, s. 23
Transportation of Dangerous Goods Act, 1992 — T-19.01 25
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. 1992, c. 34, s. 25; 2009, c. 9, s. 36(F)
Transportation of Dangerous Goods Act, 1992 — T-19.01 26
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. 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. 1992, c. 34, s. 26; 2009, c. 9, s. 36(F)
Transportation of Dangerous Goods Act, 1992 — T-19.01 27
 of any activity referred to in that subsection, and the nature and form of proof that may be requested under subsection 14(2); (p.1) respecting the authorization of qualified persons referred to in subsection 15(3) and the manner in which they may exercise powers set out in subsection 15(2); (q) specifying quantities or concentrations of dangerous goods or ranges of them for the purposes of section 18, and respecting the manner of determining those quantities, concentrations or ranges; (r) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required; (r.1) respecting the information to be provided in an application for a certificate under section 31; (s) respecting the manner of applying for, issuing and revoking approvals of emergency response assistance plans under section 7 or certificates under section 31 and providing for the appeal or review of a refusal to issue an approval or certificate or of a revocation of one; (t) providing for the notification of persons directed to do anything under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1), for the coming into effect, duration and appeal or review of those directions and for any other incidental matters; (u) respecting the manner in which amounts are to be paid under paragraph 34(1)(d); and (v) prescribing persons or classes of persons who are to be prescribed under this Act. References in regulations (2) The regulations may refer to any document, in whole or in part, as it exists when the regulations are made and, for the purpose of providing for alternative ways of complying with this Act, may refer to any of the following documents as amended from time to time: (a) the International Maritime Dangerous Goods Code published by the International Maritime Organization; (b) the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization; and (c) Title 49 of the Code of Federal Regulations of the United States. 1992, c. 34, s. 27; 2009, c. 9, s. 25