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