Compliance and Response Branch Transportation of Dangerous Goods

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Compliance and Response BranchTransportation of
Dangerous Goods
General Policy Advisory Council Meeting

Michel K. Vitou Chief, Enforcement Chef,
Application de la Loi
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Enforcement of the TDG Act

• TDG Inspectors have various legislated
  authorities at their disposal to ensure
  compliance and to remedy non compliance

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Actual enforcement actions

• Issue Warnings
• Issue detention orders
• Issue directions
• Prosecute
• The new toolis

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Issue contraventions
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Ticketing under the Contraventions Act

• The Contraventions Act permits an alternative to
  the summary conviction process of the Criminal
  Code

And
Is the use of a provincial offence scheme to
prosecute federal offences which are designated
as contraventions in most provinces
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Brief history
The new Contraventions Act actually consists of
the statute that was passed on June 18th, 1992 as
Bill C-46 and, and extensive amendment to same,
by Bill C-16 which was passed in March of 1996.
The amended statute was proclaimed to come into
force on August 1st, 1996.
At the present time, there are about 16 statutes
with regulations under the Contraventions Act
that provide for ticketable offences such as the
National Parks Act offence of waterskiing on an
historical canal the Government Property Traffic
Act and the Airport Traffic Regulations in eight
provinces where the Contraventions Act may be
used.
If it was decided that ticketing in the amount of
100.00 to 500.00 per infraction was the tool to
hammer home the seriousness of transportation of
dangerous goods offences, it would be a fairly
simple matter to have a schedule of offences
drawn up and put into regulations made under the
Contraventions Act. Thereafter, Inspectors in
seven provinces could issue tickets for
infractions of the Transportation of Dangerous
Goods Act, 1992.
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Not applicable in the following provinces
Applicable in 8 provinces

• Alberta (2004 / 2005)
• Saskatchewan (?)
• Territories and Nunavut(?)
• Newfoundland (postponed)

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The process of implementing ticketable offences
under the TDG

• Compare suggested fines with actual provincial
  fines
• Submit the project to the DG
• Present to DOJ for for preliminary assessment
• Present to our Minister

• Consultation with all regions on what offences
  they would like to be ticketable and the amount
  of the fine
• Identify the offences and draft a short form
  description for each contravention

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The process of implementing ticketable offences
under the TDG

• Who will forward the request to the
• Minister of Justice
• This is the first official step to the
  implementation of a ticketing scheme

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Implementation and the Legal process

• Official review by Contravention team
• Submission to Regulations Section
• Preparing the Regulatory Impact Analysis
  Statement
• Once completed the proposed amendment to Schedule
  I of the Contraventions Act is readied for
  submission
• Regulation Section issues stamped copies and the
  prepublication notice
• Issue of new stamped copies of the amendment and
  of the Order for approval and publication in Part
  I and II of the Gazette

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Once implemented

• DOJ will provide training in all applicable
  regions
• and a SOP will be drafted and added to the
  Inspectors Manual
• And

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In force by summer 2005
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Conclusion

• Ticketing is an enforcement method that can be
  utilized immediately upon discovery of an offence
  in that the Inspector can issue the ticket at the
  same time as corrective action is being taken in
  respect of the offence
• No need to monitor file of proceedings in that
  once the ticket is issued it goes into the
  provincial system and monies are paid to the
  province
• Enforcement will be consistent throughout Canada
  (where applicable)
• Penalties imposed will be consistent, from 400
  to 1000 per offence, (per day if applicable) in
  all provinces that have agreed to administer the
  Contraventions Act