Presentation on the TDG Act Review
Presentation used by Raymond Auclair, Director Research, Evaluation and Systems Branch, Transport Dangerous Goods Directorate.
- Launch of the public consultation
- A nine step process to review an act
- This is the beginning of the process
- Open to regulated industry, users of dangerous goods, emergency responders, public officials, all citizens...
- All information available on our Web site
- Any person may raise an issue, that is a perceived problem with the TDG Act
- At this stage, we collect comments, we do not try to defend the present Act.
- Our promise: we will listen (or read) until we understand your issue
- We will not try to argue you out of it
- Decision making begins in November 2004.
Existing list of issues
- They are simply issues that we have accumulated over the years, from comments received since 1992 and from our talks on security issues in 2002 and 2003.
- Except for category A, the listed issues do not have special status. Security issues have had more discussions with industry and agencies responsible for public security.
Security vs Safety
- Safety: what everyone does in order to avoid bad consequences; transparency enhances safety (everyone knows what to do)
- Security: what we must do in case some persons want to cause bad consequences; transparency may sometimes hurt security (e.g., passwords should not be in regulations)
Review of the TDG Act
- Transportation of Dangerous Goods Act, 1992
- Royal Assent on June 23, 1992
- Promise to review after 10 years
- Review began in 2002 with Security issues
TDG Act vs TDG Regulations
- The Act sets out the field of application, the general prohibitions and the authority to make regulations
- The Act is relatively short (23 pages)
- The Regulations contain the detailed requirements
- The Regulations are bigger (746 pages)
TDG Act vs TDG Program
- The Program is shared among federal, provincial and territorial governments
- There are 14 legally distinct sets of rules
- Twenty federal departments and agencies participate
- The TDG Act makes use of requirements (e.g., Explosives Act, Nuclear Safety Act)
TDG Act – Title
- An Act to Promote Public Safety in the Transportation of Dangerous Goods
- Public safety means the protection of people's health and life, of property and of the environment.
- This is the objective of the TDG Act
Section 1 – Short Title
Section 2 - Definitions
- Transportation of Dangerous Goods Act, 1992
- The date was added to distinguish it from the earlier version of the Act.
- A definition by itself does not impose any requirement; one has to see how the word is used elsewhere in the Act.
Section 3 – Field of application
- 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.
- It also applies to government activities
- It allows exclusions by permits and regulations
- Three specific types of activities are not covered (they are covered in other acts)
Section 4 - Provinces
- Agreements with provincial governments with respect to the administration of the Act
- There are eleven agreements signed so far
- Agreements are on administration, not on jurisdiction; whatever legislation applies continues to apply, with or without an agreement.
Section 5 – General Prohibition
Section 6 – Misleading marks
- No person may transport dangerous goods without complying with the Regulations
- 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 - ERAP
- Emergency Response Assistance Plans
- For very dangerous goods
- Plan must be in place BEFORE offering for transport
- Plans must be inspected for approval
- Plans must be maintained
Section 8 – Standardized m.o.c.
Section 9 – Notices of Recall
- Cannot distribute a standardized means of containment unless it shows all the applicable safety marks
- If a defect is found, notices or recalls have to be issued by distributor
- Recall: 6 says one cannot display misleading marks
- Combination of 6, 8 and 9 should cover all cases for standardized m.o.c.
- 10: Designation of inspector for the TDG Act (There are 342) However, there are thousands of inspectors for other legislation (e.g. provincial and territorial dangerous goods inspectors).
- 11: Seals used to show a m.o.c. was inspected
- 13: No obstruction to inspector's work
- 15, 16: Powers of inspectors
Non-compliance and accidents
17: Remedying non-compliance
(detention a.k.a stop orders, non-entry)
- 18: Duty to report and respond
- 19: Intervention by inspector, directing.
- 20: Personal liability protected
- Taken together, these should cover cases where there is an immediate threat to public safety, caused by accidental release
After the emergency
- 21: Enquiries (where TSB doesn't)
- 22: Recovery of expenses
- 24: Protected information
For a better program
- 23: Requesting information on products held by CANUTEC for emergency
- 25: Technical Research
- 26: creation of TDG Advisory Council(s)
- 27(1) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act...
- 27(2) ... 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 (IMDG, ICAO, 49CFR)
- 28: No person shall contravene or fail to comply with a provision of any regulation...
- 30: Publication of proposed regulations.
Section 31 - Permits
- Equivalent level of safety or emergency
- If the activity is in full compliance with TDG Regulations, no permit is needed.
- Applicant must demonstrate that the proposed method provides an equivalent level of safety.
- Emergency: danger to public safety
- 29: Minister may set fees for services, for permit applications and for filing certain documents
- 32: Protective directions (anti-permit)
- 12: Designation of persons to approve on behalf of Minister (ERAP, permits...)
- 14: Financial responsibility, being able to pay damages after an accident (insurance)
- 33: Exposure to fines and imprisonment
- 34: Court orders, including prohibition, compensation, reparation, research.
- 35: 2-year limitation on summary procedure
- 36: Continuing offence (repeat)
- 37: Venue
- 38, 39: Employee, officer of company
- 40: Due diligence defence
- 41: Official documents do not have to be “proved”, as long as copies have been given to the other party prior to the prosecution
- 42: Safety marks are proofs; for example, it you put dangerous goods labels on a box, then we are allowed to treat the box as if it contained dangerous goods (we do not need to take samples).
- There were other sections in the TDG Act of 1992; they were “self-erasing”
- For example, section 47 repealed the old TDG Act. Once that is done, then section 47 is not longer needed.
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