TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

S.C. 1992, c. 34

As amended by: S.C. 1994, c. 26; 1997, c. 9; 1999, c. 31

Section 1 Short Title

1. This Act may be cited as the Transportation of Dangerous Goods Act, 1992.

Section 2 Interpretation

2. In this Act,

"accidental release" means, in relation to dangerous goods, an unplanned or accidental

(a) discharge, emission, explosion, outgassing or other escape of dangerous goods, or any component or compound evolving from dangerous goods, or

(b) emission of ionizing radiation that exceeds a level or limit established under the Nuclear Safety and Control Act

;

"dangerous goods" means a product, substance or organism included by its nature or by the regulations in any of the classes listed in the schedule;

"handling" means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation;

"import" means import into Canada, and includes transporting goods that originate from outside Canada and pass through Canada to a destination outside Canada, except when the goods are being transported on a ship or aircraft not registered in Canada;

"inspector" means a person designated as an inspector under section 10(1);

"means of containment" means a container or packaging, or any part of a means of transport that is or may be used to contain goods;

"means of transport" means a road or railway vehicle, aircraft, ship, pipeline or any other contrivance that is or may be used to transport persons or goods;

"Minister" means the Minister of Transport;

"prescribed" means prescribed by regulations of the Governor in Council;

"public safety" means the safety of human life and health and of property and the environment;

"safety mark"includes a design, symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of these things, that is to be displayed

(a) on dangerous goods, on means of containment or transport used in handling, offering for transport or transporting dangerous goods, or at facilities used in those activities, and

(b) to show the nature of the danger or to indicate compliance with the safety standards prescribed for the means of containment or transport or the facilities

;

"safety requirements" means requirements for handling, offering for transport or transporting dangerous goods, for reporting those activities and for training persons engaged in those activities;

"safety standard" means standards, regulating the design, construction, equipping, functioning or performance of means of containment or facilities used or intended to be used in handling, offering for transport or transporting dangerous goods;

"ship"includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion;

"shipping record" means a record that relates to dangerous goods being handled, offered for transport or transported and that describes or contains information relating to the goods, and includes electronic records of information;

"standardization means of containment"means a means of containment in relation to which a safety standard has been prescribed.

[S.C. 1997, c. 9, s. 122; 1999, c. 31, s. 212]

Section 3 Application of Act

3. (1) This Act is binding on Her Majesty in right of Canada or a province.

(2) This Act applies in relation to all matters within the legislative authority of Parliament, including dangerous goods outside Canada that are carried on a ship or aircraft registered in Canada.

(3) This Act does not apply to the extent that its application is excluded by a regulation made under paragraph 27(1)(e) or a permit issued under section 31.

(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 or in circumstances in which it is prescribed to be under that Minister's sole direction or control;

(b) commodities transported by a pipeline governed by the National Energy Board Act or the Oil and Gas Production and Conservation Act or by the law of a province; or

Section 4 Agreement with Provinces

4. (1) The Minister may

(a) with the approval of the Governor in Council, enter into an agreement with one or more provincial governments with respect to the administration of this Act; and

(b) subject to such terms and conditions as the Governor in Council may specify in the approval, agree to amendments to the agreement.

(2) The Minister shall make the agreement public.

Section 5 Safety Requirements, Standards and Marks

5. No person shall handle, offer for transport, transport or import any dangerous goods unless

(a) the person complies with all applicable prescribed safety requirements;

(b) the goods are accompanied by all applicable prescribed document; and

(c) the means of containment and transport comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.

Section 6

6. No person shall display a prescribed safety mark on a means of containment or transport, or at a facility, if the mark is misleading as to the presence of danger, the nature of any danger or compliance with any prescribed safety standard.

Section 7 Emergency Response Assistance Plan

7. (1) Before offering for transport or importing any quantity or concentration of dangerous goods prescribed for the purposes of this section, a person shall have an emergency response assistance plan that is approved under this section and outlines what is to be done if there is an accident in transporting the dangerous goods.

(2) The Minister or a person designated for the purposes of this section may approve the plan, either indefinitely or for a specified period, where the Minister or the designated person believes on reasonable grounds that it is capable of being implemented and will be effective in responding to any accident in transporting the dangerous goods.

(3) The Minister or the designated person may approve the plan pending an investigation of the matters to be considered under subsection (2) if the Minister or the designated person has no reasons to suspect that the plan is incapable of being implemented or will be ineffective.

(4) The Minister or a person designated for the purposes of this section may revoke the approval where

(a) the Minister or the designated person has requested changes to the plan that he or she believes on reasonable grounds are needed to make it effective and the changes have been refused or have not been made; or

(b) the Minister or the designated person believes on reasonable grounds that the plan is no longer capable of being implemented

[S.C. 1990, c. 26, s. 69]

Section 8 Means of Containment

8. No person shall sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it displays all applicable prescribed safety marks.

Section 9

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.

(2) Where the Minister or a person designated for the purposes of this section believes on reasonable grounds that any standardized means of containment are unsafe for handling or transporting dangerous goods, the Minister or the designated person may direct the manufacturer or importer who supplied them to issue notices of defective construction or recall to the persons to whom they were supplied.

Section 10

10. (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for the purposes of the Act or any of its provisions and the Minister may revoke the designations.

(2) The Minister shall furnish every inspector with a certificate of designation as an inspector showing the purposes, classes of dangerous goods, means of containment or transport and places for which the inspector is designated.

(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.

Section 11

11. (1) Where an inspector opens anything for inspection, or takes a sample of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing with a certificate in prescribed form as proof that it was opened for that purpose.

(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 in the course of the inspection or taking of the sample, but is not otherwise exempt from compliance with this Act and the regulations.

Section 12

12. (1) The Minister may designate persons for the purposes of section 7 or 9, subsection 31(1) or section 32, and the Minister may revoke any such designation.

(2) The Minister may designate persons or classes of persons for the purposes of subsection 31(2), and the Minister may revoke any such designation.

[S.C. 1994, c. 26, s. 70]

Section 13

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.

(2) No person shall contravene or fail to comply with a direction issued under subsection 9(2), 17(3) or (4), 19(2) or 32(1).

(3) For greater certainty, a direction referred to in subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under that subsection unless the person was notified of the direction and, if any applicable regulations have been made under paragraph 27(1)(t), the notification was in accordance with the regulations.

Section 14 Financial Responsibility

14. (1) No person shall handle, offer for transport, transport or import dangerous goods, or manufacture or import standardized means of containment, unless the person is financially responsible in accordance with the regulations.

(2) A person who handles, offers for transport, transports or imports dangerous goods, or manufactures or imports standardized means of containment, shall provide the prescribed proof of financial responsibility to an inspector who requests the proof.

(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.

Section 15

15. For the purpose of ensuring compliance with the Act, an inspector may

(a) subject to section 16, at any reasonable time, stop any means of transport and enter and inspect any place or means of transport if the inspector is designated to inspect it and believes on reasonable grounds that on it or in it there are

(i) dangerous goods being handled, offered for transport or transported,

(ii) standardized means of containment,

(iii) books, shipping records, emergency response assistance plans or other documents that contain any information relevant to the administration or enforcement of this Act; or

(iv) computer systems that may be used to examine any information that is contained in or available to the computer systems and is relevant to the administration or enforcement of this Act;

(b) open and inspect, or request the opening and inspection of, any means of containment for which the inspector is designated 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;

(c) for the purpose of analysis, take a reasonable quantity of anything the inspector believes on reasonable grounds to be dangerous goods; and

(d) examine and make copies of any information contained in any books, shipping records, emergency response plans or other documents, or in any computer systems, that the inspector believes on reasonable grounds contain any information relevant to the administration or enforcement of this Act.

Section 16

16. (1) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a 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 any purpose relating to the administration or enforcement of this Act, and

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.

(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.

Section 17

17. (1) Where an inspector believes on reasonable grounds that any dangerous goods are being handled, offered for transport, transported or imported in a way that does not comply with this Act, the inspector may detain the dangerous goods until satisfied that they will be handled, offered for transport, transported or imported in compliance with this Act.

(2) Where an inspector believes on reasonable grounds that any standardized means of containment is being sold, offered for sale, delivered, distributed, imported or used in a way that does not comply with this Act, the inspector may detain the means of containment until satisfied that it will be sold, offered for sale, delivered, distributed, imported or used in compliance with this Act.

(3) The inspector may also take any other measures necessary to remedy the non-compliance, or direct any person who owns, imports or has the charge, management or control of the dangerous goods or means of containment to take the necessary measures.

(4) Where the dangerous goods or means of containment originate 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 imported or that they be returned to their place of origin.

Section 18 Duty to Respond

18. (1) Where an accidental release of dangerous goods in excess of a prescribed quantity or concentration occurs or is imminent from a means of containment being used to handle or transport dangerous goods, any person who at the time has the charge, management or control of the means of containment shall report the occurrence or imminence of the release to any person prescribed for the purposes of this section.

(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.

Section 19

19. (1) An inspector may take any measure referred to in subsection (2) where the inspector believes on reasonable grounds that it is necessary to prevent an imminent accidental release of dangerous goods from a means of containment being used to handle or transport the dangerous goods, or to reduce any danger to public safety resulting from the accidental release.

(2) The inspector may

(a) remove or direct a person described in subsection (3) to remove the dangerous goods or means of containment to an appropriate place;

(b) direct a person described in subsection (3) to do anything else to prevent the release or reduce any resulting danger, or direct the person to refrain from doing anything that may impede its prevention or the reduction of danger; or

(3) A direction may be issued to

(a) any person who owns, imports or has the charge, management or control of the dangerous goods or means of containment when the release occurs or becomes imminent, or at any time afterward;

(b) any person who is responding to the occurrence or imminence of the release in accordance with an emergency response assistance plan approved under section 7; or

Section 20 Personal Liability

20. A person directed or required under subsection 17(3) or (4), 18(2) or 19(2) to do or refrain from doing anything is not personally liable, either civilly or criminally in respect of any act or omission in the course of complying with the direction or requirement or doing any reasonable thing incidental to it, unless it is shown that the act or omission was in bad faith.

Section 21 Inquiries

21. (1) Where an accidental 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.

(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.

(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, any may consult with those authorities concerning compatible procedures and practices.

(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.

(5) The Minister shall publish the report within thirty days after receiving it.

(6) The Minister may supply copies of the report in any manner and on any terms that the Minister considers proper.

Section 22 Recovery of Costs and Expenses

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.

(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.

(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.

(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.

(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.

(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.

(7) Nothing in this section relieves an operator, as defined in section 2 of the Nuclear Liability Act, from any duty or liability imposed on the operator under that Act.

(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.

Section 23 Disclosure of Information

23. (1) The Minister may, by registered mail, send a written notice to any manufacturer, distributor or importer of any product, substance or organism requesting the disclosure of information relating to the formula, composition or chemical ingredients of the product, substance or organism and any similar information the Minister considers necessary for the administration or enforcement of this Act.

(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.

Section 24

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; and

(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 accidental release of dangerous goods that occurred or appeared to be imminent.

(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.

(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.

(4) No person to whom privileged information has been provided shall knowingly communicate it or allow it to be communicated to any person, or allow any other person to inspect or have access to the information, except

(a) with the consent in writing of the person who provided the information or from whom it was obtained; or

(b) for the purposes of the administration or enforcement of this Act.

Section 25 Research and Advice

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.

Section 26

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

(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.

Section 27 Regulations and Orders

27. (1) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act, including regulations

(a) prescribing products, substances and organisms to be included in the classes listed in the schedule;

(b) establishing divisions, subdivisions and groups of dangerous goods and of the classes of dangerous goods;

(c) specifying, for each product, substance and organism prescribed under paragraph (a), the class, division, subdivision or group into which it falls;

(d) determining or providing the manner of determining the class, division, subdivision or group into which dangerous goods not prescribed under paragraph (a) fall;

(e) exempting from the application of this Act and the regulations, or any of their provisions, the handling, offering for transport, transporting or importing of dangerous goods in any quantities or concentrations, in any circumstances, at any premises, facilities or other places, for any purposes or in any means of containment that may be specified in the regulations;

(f) prescribing the manner of identifying any quantities or concentrations of dangerous goods exempted under paragraph (e);

(g) prescribing circumstances in which any activity or thing is under the sole direction or control of the Minister of National Defence;

(h) prescribing circumstances in which dangerous goods must not be handled, offered for transport or transported;

(i) prescribing dangerous goods that must not be handled, offered for transport or transported in any circumstances;

(j) prescribing safety marks, safety requirements and safety standards of general or particular application;

(k) prescribing quantities or concentrations of dangerous goods in relation to which emergency response assistance plans must be approved under section 7;

(l) prescribing the manner in which records must be kept under section 9, the information that must be included in the records and the notices that must be given under that section;

(m) governing the issuance of notices under section 9;

(n) prescribing shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods, the information that must be included in those documents and the persons by whom and manner in which they must be used and kept;

(o) governing the qualification, training and examination of inspectors, prescribing the forms of the certificates referred to in sections 10 and 11 and prescribing the manner in which inspectors must carry out their duties and functions under this Act;

(p) prescribing the manner of determining the financial responsibility required under subsection 14(1) and prescribing the form of proof that may be requested under subsection 14(2);

(q) prescribing quantities or concentrations of dangerous goods for the purposes of subsection 18(1);

(r) prescribing persons to receive reports under subsection 18(1), the manner of making the reports, the information that must be included in them and the circumstances in which they need not be made;

(s) prescribing the manner of applying for, issuing and revoking approvals of emergency response assistance plans under section 7 or permits under section 31 and providing for the appeal or review of a refusal to issue an approval or permit or a revocation of it;

(t) providing for the notification of persons directed to do anything under section 9, 17, 19, 32, for the effect, duration and appeal or review of those directions and for any other incidental matters; and

(u) prescribing the manner in which amounts are to be paid under paragraph 34(1)(d).

(2) The regulations may refer to any document as it exists when the regulations are made and, for the purpose of prescribing 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

Section 28

28. No person shall contravene or fail to comply with a provision of any regulation made under paragraph 27(1)(h), (i), (l), (n), or (r).

Section 29

29. (1) The Minister may make orders prescribing any fees or charges, or the manner of calculating any fees or charges, to be paid

(a) for services or the use of facilities provided by the Minister in the administration of this Act; or

(b) in relation to filing documents or applying for or issuing permits or approvals under this Act.

(2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay the fees or charges.

Section 30

30. (1) Subject to subsection (2), a copy of each regulation the Governor in Council proposes to make under section 27 and each order the Minister proposes to make under section 29 shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect to the regulation or order.

(2) No proposed regulation or order need be published more than once, whether or not it is amended after that publication as a result of representations made by interested persons.

Section 31 Permits and Directions

31. (1) The Minister or a person designated for the purposes of this subsection may issue a permit authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister or designated person is satisfied that the manner in which the authorized activity will be conducted provides a level of safety at least equivalent to that provided by compliance with this Act.

(2) The Minister or a person designated for the purposes of this subsection may issue a permit authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister or designated person is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety.

(3) A permit issued under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act and may be issued orally, but must be reissued in writing as soon as practicable and the writing is conclusive of its content.

(4) A permit may include terms and conditions governing the authorized activity and non-compliance with any of the terms or conditions invalidates the permit.

(5) A permit may authorize the activity in terms of the persons who may carry on the activity and the goods or means of containment that it may involve.

(6) The Minister or a person designated for the purposes of subsection (1) may revoke a permit issued under that subsection where the Minister or designated person is no longer satisfied of the matter described in that subsection or the regulations have been amended and address the activity authorized by the permit.

(7) The Minister or a person designated for the purposes of subsection (2) may revoke a permit issued under that subsection where the Minister or designated person is no longer satisfied of the matter described in that subsection.

Section 32

32. (1) The Minister or a person designated for the purposes of this section may, if satisfied of the matters described in subsection (2), direct a person engaged in handling, offering for transport, transporting or importing dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety.

(2) The Minister or the designated person must be satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and cannot be effectively dealt with under any other provision of this Act.

(3) The Minister or a person designated for the purposes of this section may revoke the direction where the Minister or the designated person is satisfied that the direction is no longer needed.

[S.C. 1994, c. 26, s. 73]

Section 33 Offences and Punishment

33. Every person who contravenes or fails to comply with a provision of this Act is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars for each subsequent offence; or

(b) an indictable offence and liable to imprisonment for a term not exceeding two years.

Section 34

34. (1) Where a person is convicted of an offence, the court may make an order having any or all of the following effects:

(a) prohibiting the person for a period of not more than one year from engaging in any activity regulated under this Act;

(b) requiring the person to provide compensation, whether monetary or otherwise, for any remedial action taken or damage suffered by another person arising out of the commission of the offence;

(c) requiring the person to do anything that will assist in repairing any damage to the environment arising out of the commission of the offence; or

(d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety standards, or to pay an amount in the manner prescribed to be used to conduct the research.

(2) The court may make the order in addition to any other punishment imposed on the person and shall have regard to the nature of the offence and the circumstances surrounding its commission.

(3) The total value of what the person may be required to do under paragraphs (1)(b) to (d) in relation to a single offence must not exceed one million dollars.

(4) If the person contravenes or fails to comply with the order, the person is guilty of

(b) an indictable offence and liable to imprisonment for a term not exceeding two years.

Section 35

35. Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

Section 36

36. Where an offence is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Section 37

37. A complaint or an information in respect of an offence may be heard, tried or determined by any competent court of criminal jurisdiction in a province if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Section 38

38. In any prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

Section 39

39. Where a corporation commits an offence, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.

Section 40

40. No person shall be found guilty of an offence if it is established that the person took all reasonable measures to comply with this Act or to prevent the commission of the offence.

Section 41 Evidence

41. (1) In any prosecution for an offence, a certificate, report or other document, appearing to have been signed by the Minister or by an inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

(2) In any prosecution for an offence, a copy made by an inspector under section 15 and appearing to have been certified under the inspector's signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

(3) No certificate, report or copy shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report or copy.

Section 42

42. In any prosecution for an offence, evidence that a means of containment or transport bore a safety mark or was accompanied by a prescribed document is, in the absence of evidence to the contrary, proof of the information shown or indicated by the safety mark or contained in the prescribed document.

CONSEQUENTIAL AMENDMENTS

Section 43 Access to Information Act

43. Schedule II of the Access to Information Act is amended by deleting the reference to

Transportation of Dangerous Goods Act

Loi sur le transport des marchandises dangereuses

and the corresponding reference to subsection 23(5).

Section 44

44. Schedule II to the said Act is further amended by adding thereto, in alphabetical order, a reference to

Transportation of Dangerous Goods Act, 1992

Loi sur le transport des marchandises dangereuses, 1992

and a corresponding reference to subsection 24(4).

Section 45 Canadian Environmental Protection Act

45. Paragraph 43(4)(a) of the Canadian Environmental Protection Act is repealed and the following substituted therefore:

(a) any dangerous goods, within the meaning of the Transportation of Dangerous Goods Act, 1992, that are a waste, within the meaning of the regulations made under that Act; or

Section 46 BILL C-13

46. If Bill C-13, introduced in the third session of the thirty-fourth Parliament and entitled An Act to establish a federal environmental assessment process, is assented to, then, on the later of the day on which this Act is assented to and the day on which that Act is assented to, section 81 of that Act is repealed.

Section 47 REPEAL

47. The Transportation of Dangerous Goods Act is repealed.

SCHEDULE

(Sections 2 and 27)

Class 1 - Explosives, including explosives within the meaning of the Explosives Act

Class 2 - Gases; compressed, deeply refrigerated, liquefied or dissolved under pressure

Class 3 - Flammable and combustible liquids

Class 4 - Flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases

Class 5 - Oxidizing substances; organic peroxides

Class 6 - Poisonous (toxic) and infectious substances

Class 7 - Nuclear substances, within the meaning of the Nuclear Safety and Control Act, that are radioactive

Class 8 - Corrosives

Class 9 - Miscellaneous products, substances or organisms considered by the Governor in Council to be dangerous to life, health, property or the environment when handled, offered for transport or transported and prescribed to be included in this class

[S.C. 1997, c. 9, s. 123]

Received from the Privy Council Office

Reproduced with the permission of the Queen's Printer for Canada