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TC Makes TDG Enforcement More Efficient With Wording Change

Transport Canada recently announced the creation of new “short form wordings” for enforcement of Dangerous Goods offences which allows an official to issue a ticket for an offence instead of issuing a summons to court.

Transport Canada explains this makes it more efficient to enforce these sections of the Transportation of Dangerous Goods Act (TDGA). Until a short form wording is created, an enforcement official couldn’t issue a ticket for these offences and had to go through the process of getting a summons to charge the defendant. The new policy also standardizes the fines when a ticket is issued and avoids the long and costly summary conviction procedure set out in the Criminal Code and spared the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record). The streamlined enforcement process will apply to:

  • subsection 5(c) of the TDGA:  Failing to use required or permitted means of containment, fine amount of $500;
  • section 5.1 of the TDGA: Failing to comply with means of containment safety requirements, fine amount of $500;
  • section 6.1 of the TDGA: Affixing or displaying a misleading dangerous goods mark, fine amount of $500; and
  • subsection 9(1) of the TDGA: Failing to keep supply records, fine amount of $500.
  • subsection 18(3) of the TDGA: Failing to report loss or theft to prescribed person, fine amount of $1,000.

See more details from Transport Canada here. http://www.gazette.gc.ca/rp-pr/p2/2018/2018-02-21/html/sor-dors19-eng.html

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