Legislation
There are Transportation of Dangerous Goods Regulations that support the Transportation of Dangerous Goods Act and are applied to all forms of transportation. Their main goal is to improve safety and security by ensuring consistent handling procedures and information exchange.
These regulations are dynamic and frequently updated to accommodate new products or substances and to harmonize with regulations from other countries and modes of transport. They also address specific safety concerns related to certain dangerous goods or transportation methods.
Additionally, the regulations make references to other rules governing the transportation of dangerous goods. These references include documents like the ICAO Technical Instructions for air shipments, the IMDG regulations for marine transport, and the 49 CFR regulations for ground and domestic air transport in the United States.
In Canada, the TDG regulations officially adopt the ICAO Technical Instructions as Canadian law for air transport. These instructions apply to both international air shipments to and from Canada and domestic air shipments within the country.
Enforcement
The regulations concerning dangerous goods have been adopted by all provinces in Canada and can be enforced by various authorities, including police officers, weigh scale operators, and inspectors appointed by either the provincial or federal governments. These inspectors hold certificates indicating their identity and the scope of their authority.
Any inspector has the authority to do the following to ensure regulations are being followed:
- Conduct searches of vehicles and shipments
- Enter any building or premises related to the transportation of dangerous goods
- Seize and retain shipments as necessary
- Collect samples for testing
- Review and make copies of relevant documents
- Deny entry into Canada for shipments or vehicles transporting dangerous goods
Inspectors focus on ensuring compliance with various aspects, including:
- Valid training certifications for personnel involved
- Proper and compliant shipping documents
- Correct marking and labeling of packages
- Appropriate placarding of vehicles, if required
- Safe handling, loading, and securing of dangerous goods during transport
Penalties
You must always follow the rules for transporting dangerous goods or you may face penalties. Inspectors, like government and police officers, make sure people follow these rules. They can search containers and shipments, take samples, and ask questions. They can also refuse entry to Canada and issue orders to stop what you're doing.
If you violate the rules of the Transportation of Dangerous Goods Act or the Transportation of Dangerous Goods Regulations, you may be fined up to $100,000 or you could be imprisoned for up to two years.
The only way to avoid penalties is to show that you took reasonable steps to follow the rules.