Regulations Amending the Contraventions Regulations (Schedule XV)

The Regulations Amending the Contraventions Regulations (Schedule XV) were published in the Canada Gazette, Part II on February 21, 2018.

Enforcement of the Transportation of Dangerous Goods Act, 1992 (TDGA) is currently done through a contraventions regime which designates certain offences as contraventions pursuant to Schedule XV of the Contraventions Regulations. Schedule XV had not been updated to take into consideration amendments made to the TDGA in 2009 (S.C. 2009, c. 9, SI/2009-0053), which now includes security-related concepts, new requirements regarding the manufacture and certification of means of containment used for transporting dangerous goods, and new reporting requirements for the loss or theft of dangerous goods. In order to prosecute these TDGA offences under the contraventions regime, they have been designated as contraventions through this amendment.

This amendment does not create new offences, nor does it impose new restrictions or burdens on individuals or businesses. It is part of a system ensuring that the prosecution of federal offences designated as contraventions is more appropriate to their seriousness and that the prescribed fines are more proportionate to the seriousness of these offences.

This amendment:

• Amends certain existing short-form descriptions in order to reflect more accurately the wording of the offence as described in the TDGA;
• Shortens the length of existing short-form descriptions already designated as contraventions so they can be reproduced in the allotted space on the ticket; and
• Designates certain TDGA offences as contraventions by adding short-form descriptions and fine amounts.

The offences below have been designated as contraventions and can now be prosecuted by means of a contraventions ticket:

• 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;
• subsection 9(1) of the TDGA: Failing to keep supply records, fine amount of $500; and
• subsection 18(3) of the TDGA: Failing to report loss or theft to prescribed person, fine amount of $1,000.