Dangerous Goods Transportation Act

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Sections29

• 1Definitions

  1 In this Act, “analyst” means any person designated as an analyst under the federal Act; (“analyste”) “dangerous goods” means a product, substance or organism included by its nature or by the regulations made under the federal Act in any of the classes listed in the schedule to that Act; (“matières dangereuses”) “federal Act” means the Transportation of Dangerous Goods Act, 1992 (Canada); (“loi fédérale”) “federally prescribed” means prescribed by regulations made under the federal Act; (“prescrit aux termes de la loi fédérale”) “highway” means a highway as defined in the Highway Traffic Act; (“voie publique”) “inspector” means any person designated as an inspector by the Minister under this Act, and references to “inspector” in the provisions of the federal Act and the regulations made under it that are incorporated by reference into this Act shall be read as meaning a person designate…

• 1.
• 2Where Act does not apply

  2 (1) This Act does not apply to dangerous goods transported in a means of transport, (a) while under the sole direction or control of the Minister of National Defence for Canada; or (b) while being operated by or on behalf of the province, a municipality or other authority having jurisdiction and control of a highway and while the means of transport is engaged in, (i) collecting abandoned or spilled materials from the highway, or (ii) transporting dangerous goods from a highway to a storage or disposal site after a release as defined in section 2 of the federal Act. 2010, c. 16, Sched. 12, s. 1 (11). Permit (2) The Minister or a person designated by the Minister may issue a permit exempting the transportation of dangerous goods in a means of transport from the application of this Act, and this Act does not apply to dangerous goods that are being transported in compliance with the permit…

• 2.
• 3Offences re compliance with federal Act

  3 No person shall transport any dangerous goods in a means of transport on a highway unless, (a) all applicable federally prescribed safety requirements are complied with; (b) the means of transport and all means of containment in it comply with all applicable federally prescribed safety standards and display all applicable federally prescribed safety marks; and (c) all applicable directions, orders or measures given or made under the federal Act are complied with. 2010, c. 16, Sched. 12, s. 1 (12). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 12, s. 1 (12) - 01/07/2011

• 3.
• 3.1Offence re misleading safety mark

  3.1 No person shall operate on a highway a means of transport that displays a federally prescribed safety mark or that contains a means of containment that displays a federally prescribed safety mark if the safety mark is misleading as to the presence of danger, the nature of any danger or the compliance with any federally prescribed safety standard. 2010, c. 16, Sched. 12, s. 1 (13). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 12, s. 1 (13) - 01/07/2011

• 4.
• 3.2Insurance required

  3.2 (1) Subject to subsection (2), every person who transports dangerous goods on a highway and who is required to have an approved emergency response assistance plan under Part 7 of the regulations made under the federal Act shall carry with an insurer licensed under the Insurance Act motor vehicle liability insurance in an amount of not less than $2,000,000 for each means of transport used to transport dangerous goods. 2010, c. 16, Sched. 12, s. 1 (13). Same, non-resident of Ontario (2) A person who transports dangerous goods on a highway and who is not a resident of Ontario may carry the insurance required by subsection (1) with an insurer who is authorized to transact the insurance in the state or province in which the owner or operator resides, if the insurer files with the Registrar of Motor Vehicles or with a person or entity designated by the Registrar for that purpose, (a) a pow…

• 5.
• 4Penalty

  4 (1) Every person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable, (a) on the first conviction to a fine of not more than $50,000 or to imprisonment for a term of less than two years, or to both; and (b) on each subsequent conviction to a fine of not more than $100,000 or to imprisonment for a term of less than two years, or to both. 2010, c. 16, Sched. 12, s. 1 (14). Determining subsequent conviction (2) For the purpose of subsection (1), a conviction under any provision of this Act or the regulations is considered a subsequent conviction if the person has a previous conviction under the same or any other provision of this Act or the regulations. 2010, c. 16, Sched. 12, s. 1 (14). Time limit (3) No proceedings under this section may be instituted after two years from the day the offence was committed. R.S.O. 1990, c. D.1, s. 4 (3). Sec…

• 6.
• 5Defence

  5 It is a defence to a charge under this Act for the accused to establish that the accused took all reasonable measures to comply with this Act. R.S.O. 1990, c. D.1, s. 5.

• 7.
• 6Offences by employee or agent

  6 In any prosecution for an offence under this Act, 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, but it is a defence for the accused to establish that the offence was committed without the accused’s knowledge and that the accused took all reasonable measures to prevent its commission. R.S.O. 1990, c. D.1, s. 6.

• 8.
• 7Officers, etc., of corporation

  7 Any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of an offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for the offence whether or not the corporation has been prosecuted or convicted. R.S.O. 1990, c. D.1, s. 7.

• 9.
• 10.
• 8Certificate or report of inspector or analyst

  8 (1) Subject to subsections (3) and (4), a certificate or report appearing to have been signed by an inspector or analyst stating that he or she has made an inspection or analyzed or examined a means of transport, product, substance or organism and stating the results of the inspection, analysis or examination is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report. R.S.O. 1990, c. D.1, s. 8 (1); 2010, c. 16, Sched. 12, s. 1 (15). Copies or extracts (2) Subject to subsections (3) and (4), a copy or an extract made by an inspector under clause 10 (2) (b) and appearing to have been certified under his or her signature as a true copy or e…

• 11.
• 9Designation of inspectors

  9 (1) The Minister may designate any person as an inspector for the purposes of this Act. R.S.O. 1990, c. D.1, s. 9 (1). Inspector to show certificate (2) An inspector shall be furnished with a certificate of his or her designation and, on inspecting any means of containment or means of transport he or she shall, if so required, produce the certificate to the person in charge of the thing being inspected. R.S.O. 1990, c. D.1, s. 9 (2); 2010, c. 16, Sched. 12, s. 1 (16). Certificate (3) Where an inspector inspects or takes a sample of anything under this Act he or she shall, if the thing is sealed or closed up, provide the person in charge of it with a certificate evidencing the inspection or taking of the sample. R.S.O. 1990, c. D.1, s. 9 (3); 2010, c. 16, Sched. 12, s. 1 (17). Effect of certificate (4) A certificate provided under subsection (3) relieves the person to or for whose benef…

• 10Powers of inspectors

  10 (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any time, stop and inspect a means of transport and its load where he or she believes that dangerous goods are being transported, and request the opening and inspection of or open and inspect any means of containment or means of transport on a highway in which or by which he or she believes that the dangerous goods are being transported. 2010, c. 16, Sched. 12, s. 1 (18). Inspection (2) On inspecting any means of containment or means of transport under subsection (1), an inspector may, (a) for the purpose of analysis, take samples of anything found therein that he or she believes on reasonable and probable grounds to be dangerous goods; and (b) examine and make copies and extracts of any books, records, shipping documents or other documents or papers that he or she believes on reasonable…

• 12.
• 10.1Power to do things electronically

  10.1 (1) Anything that the Minister, the Ministry of Transportation, the Registrar of Motor Vehicles or an inspector is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. 2019, c. 15, Sched. 9, s. 1. Same (2) Anything that any person is required or authorized to do or to provide to the Minister, the Ministry of Transportation, the Registrar of Motor Vehicles or an inspector under this Act may be done or provided by electronic means or in an electronic format in accordance with regulations made under the federal Act. 2019, c. 15, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 9, s. 1 - 01/03/2021

• 13.
• 11Regulations

  11 The Lieutenant Governor in Council may make regulations, (a) specifying provisions of the federal Act and the regulations made under it that do not apply to the transportation of dangerous goods; (b) prescribing different or additional provisions to apply to the transportation of dangerous goods in place of the provisions prescribed by clause (a); (c) exempting the transportation of dangerous goods in specified quantities or concentrations, in specified circumstances, for specified purposes, by specified means of transport or in specified means of containment from the application of this Act or of any regulation or of any provision or requirement of this Act or of any regulation, and prescribing conditions and circumstances for any such exemption; (d) governing the admissibility of electronic documents in court; (e) governing the circumstances in which the information set out in an el…

• 12Agreements respecting enforcement

  12 (1) The Minister may, with the approval of the Lieutenant Governor in Council, enter into an agreement with the Government of Canada with respect to the administration and enforcement of, (a) this Act and the regulations, or any provision of them; and (b) the federal Act and the regulations made under it, or any provision of them. R.S.O. 1990, c. D.1, s. 12 (1); 2010, c. 16, Sched. 12, s. 1 (22). Costs, expenses, revenues and related matters (2) An agreement entered into under subsection (1) may provide for any matters necessary for or incidental to the implementation, administration or enforcement agreed on and for the apportionment of any costs, expenses or revenues arising therefrom. R.S.O. 1990, c. D.1, s. 12 (2). Annual report (3) The Minister shall, as soon as possible, after the end of each year, prepare and cause to be laid before the Legislature, a report on the administratio…

• 13Act has primacy over certain Acts

  13 (1) Where a provision in the Technical Standards and Safety Act, 2000, the Highway Traffic Act or the Pesticides Act purports to require or authorize anything that is a contravention of this Act, this Act applies and prevails unless it is specifically provided that the provision is to apply despite this Act. 2010, c. 16, Sched. 12, s. 1 (23). Interpretation (2) For the purposes of subsection (1), a reference to an Act mentioned in subsection (1) includes all regulations, rules or orders made under the Act. R.S.O. 1990, c. D.1, s. 13 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 12, s. 1 (23) - 01/07/2011 Schedule Repealed: 2010, c. 16, Sched. 12, s. 1 (24). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 12, s. 1 (24) - 01/07/2011 ______________