Compliance and Response
Branch
Transportation 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
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Issue Warnings
Issue detention orders
Issue directions
Prosecute
The new tool…is
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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 $500.00 per
infraction was the tool to hammer home the seriousness of
transportation of dangerous goods offences, it would be a fairly simple
matter to have a schedule of offences drawn up and put into
regulations made under the Contraventions Act. Thereafter, Inspectors
in seven provinces could issue tickets for infractions of the
Transportation of Dangerous Goods Act, 1992.
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Applicable in 8 provinces
Not applicable in the following
provinces
Alberta (2004 / 2005)
Saskatchewan (?)
Territories and Nunavut(?)
Newfoundland (postponed)
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The process of implementing ticketable offences under the TDG
• Compare suggested fines with
• Consultation with all regions on
actual provincial fines
what offences they would like to be
ticketable and the amount of the
fine$
• Submit the project to the DG
• Identify the offences and draft a
short form description for each
contravention
• Present to DOJ for for
preliminary assessment
• Present to our Minister
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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
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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
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