Ticketing Proposal Draft

31 March 2005

Section 5 of the Act – General Prohibition

5. No person shall handle, offer for transport, transport or import any dangerous goods unless:

(a) the person complies with all applicable prescribed safety requirements;

(b) the goods are accompanied by all applicable prescribed documents; and

(c) the means of containment and transport comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.

Offences in contravention to section 5(a) of the Act

Handle, offer for transport, transport or import dangerous goods without complying with all applicable prescribed safety requirements.

Provision of Transportation of Dangerous Goods Regulations / Short-Form Description / TDG Act / Fine
1.6 / (a) Handling dangerous goods in excess of quantity limits set out in column 8 or 9 of Schedule 1
(b) Offering for transport dangerous goods in excess of quantity limits set out in column 8 or 9 of Schedule 1
(c) Transporting dangerous goods in excess of quantity limits set out in column 8 or 9 of Schedule 1 / 5(a) / 700
700
1000
5.4 / Loading and securing dangerous goods in a means of containment and loading and securing the means of containment on a means of transport in a manner that could lead to an accidental release of the dangerous goods / 5(a) / 1000
5.5(1) / Filling a means of containment with dangerous goods in a manner that exceeds the filling limit set out in a safety standard or a safety requirement applicable to that means of containment / 5(a) / 1000
5.5(2)(a) / Filling a means of containment with dangerous goods in a manner that exceeds the maximum quantity limit established by the manufacturer for the means of containment / 5(a) / 700
5.5(2)(b) /
Filling a means of containment with dangerous goods without ensuring that the means of containment could not become liquid full at any temperature less than or equal to 55°C /
5(a) / 700
5.7 / (a) Loading incompatible explosives in the same means of transport as set out in section 5.7
(b) Transporting incompatible explosives in the same means of transport as set out in section 5.7 / 5(a) / 700
1000
5.9 / Transporting explosives in a means of transport that exceeds the quantity permitted under section 5.9 / 5(a) / 1000
6.1(1) / (a) Handling dangerous goods
(i)without holding a training certificate in accordance with Part 6 of the Regulations
(ii)while not in the presence and under the direct supervision of a trained person who holds a training certificate in accordance with Part 6 of the Regulations
(b) Offering for transport dangerous goods
(i)without holding a training certificate in accordance with Part 6 of the Regulations
(ii)while not in the presence and under the direct supervision of a trained person who holds a training certificate in accordance with Part 6 of the Regulations
(c) Transporting dangerous goods
(i)without holding a training certificate in accordance with Part 6 of the Regulations
(ii)while not in the presence and under the direct supervision of a trained person who holds a training certificate in accordance with Part 6 of the Regulations / 5(a) / 500
500
500
500
1000
700
6.1(2) / (a) Directing an employee who is not properly supervised and does not hold a training certificate in accordance with Part 6 of the Regulations to handle dangerous goods;
(b) Directing an employee who is not properly supervised and does not hold a training certificate in accordance with Part 6 of the Regulations to offerfor transport dangerous goods;
(c) Directing an employee who is not properly supervised and does not hold a training certificate in accordance with Part 6 of the Regulations to transport dangerous goods;
(d) Allowing an employee who is not properly supervised and does not hold a training certificate in accordance with Part 6 of the Regulations to handle dangerous goods;
(e) Allowing an employee who is not properly supervised and does not hold a training certificate in accordance with Part 6 of the Regulations to offerfor transport dangerous goods;
(f) Allowing an employee who is not properly supervised and does not hold a training certificate in accordance with Part 6 of the Regulations to transport dangerous goods / 5(a) / 1000
1000
1000
700
700
700
10.5 / Transporting by railway vehicle a highway tank that contains dangerous goods / 5(a) / 1000
10.6 / Failing to properly marshal a train as per section 10.6 of the Regulations / 5(a) / 500
10.7 / Coupling cars in excess of prescribed speeds / 5(a) / 500

Offences in contravention to section 5(b) of the Act

Handle, offer for transport, transport or import dangerous goods notaccompanied by all applicable prescribed documents.

Offences in contravention to section 5(c) of the Act

Handle, offer for transport, transport or import dangerous goods in means of containment or transport that do not comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.

4.1(1) / (a) Offeringfor transport a means of containment without proper dangerous goods safety marks as required by Part 4 of the Regulations and as illustrated in the Appendix of that Part
(b) Transporting a means of containment without proper dangerous goods safety marks as required by Part 4 of the Regulations and as illustrated in the Appendix of that Part
(c) Importing a means of containment without proper dangerous goods safety marks as required by Part 4 of the Regulations and as illustrated in the Appendix of that Part / 5(c) / 500
500
500
4.5(1) / (a) Failing to ensure that the required dangerous goods safety marks remain displayed on a small means of containment while the dangerous goods are in transport
(b) Failing to display the required dangerous goods safety marks or to ensure that they remain displayed on a large means of containment while the dangerous goods are in transport
(c)Failing to provide the required dangerous goods safety marks if the requirements for dangerous goods safety marks change while in transport
(d)Failing to display the required dangerous goods safety marks if the requirements for dangerous goods safety marks change while in transport
(e)Failing to remove the dangerous goods safety marks if the requirements for dangerous goods safety marks change while in transport / 5(c) / 500
500
500
500
500
4.6 / Displaying a dangerous goods safety mark that is not visible or legible / 5(c) / 500
4.9 / Failing to remove dangerous goods safety marks when they are no longer required to be displayed / 5(c) / 500
4.10 / Failing to display labels for the primary class and subsidiary class on a small means of containment / 5(c) / 500
4.15(2) / Failing to display placards on each side and each end of a large means of containment / 5(c) / 500
4.21 / Failing to display fumigation sign / 5(c) / 500
4.22(1)(b) / Failing to display marine pollutant mark next to required placard on each side and each end of large means of containment / 5(c) / 500
5.1(1) / (a) Handling dangerous goods in a means of containment other than required or permitted by Part 5 of the Regulations
(b) Offeringfor transport dangerous goods in a means of containment other than required or permitted by Part 5 of the Regulations
(c) Transporting dangerous goods in a means of containment other than required or permitted by Part 5 of the Regulations
(d) Importing dangerous goods in a means of containment other than required or permitted by Part 5 of the Regulations / 5(c) / 500
700
1000
1000
5.1(2) / (a) Handling dangerous goods in a standardized means of containment that is not in standard
(b) Offeringfor transport dangerous goods in a standardized means of containment that is not in standard
(c) Transporting dangerous goods in a standardized means of containment that is not in standard / 5(c) / 500
700
1000
5.1(3) / (a) Handling dangerous goods in a means of containment required or permitted by Part 5 of the Regulations that is not filled, closed, secured, or maintained to prevent an accidental release of the dangerous goods
(b) Offeringfor transport dangerous goods in a means of containment required or permitted by Part 5 of the Regulations that is not filled, closed, secured, or maintained to prevent an accidental release of the dangerous goods
(c) Transporting dangerous goods in a means of containment required or permitted by Part 5 of the Regulations that is not filled, closed, secured, or maintained to prevent an accidental release of the dangerous goods / 5(c) / 700
700
1000
5.3 / Displaying a certification safety mark that is not visible or legible on a means of containment / 5(c) / 500

Offences in contravention to section 6 of the Act

No person shall display a prescribed safety mark on a means of containment or transport, or at a facility, if the mark is misleading as to the presence of danger, the nature of any danger or compliance with any prescribed safety standard.

4.2 / (a) Displaying a prescribed safety mark that is misleading as to the presence of danger or the nature of any danger
(b) Displaying a prescribed safety mark that is misleading as to the compliance with any prescribed safety requirement / 6 / 700
500

Offence in contravention to section 8 of the Act

No person shall sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it displays all applicable prescribed safety marks.

8 of the TDG Act / Failing to display all applicable prescribed safety marks when selling, offering for sale, delivering, distributing, importing or using a standardized means of containment / 8 / 500

Offences in contravention of Section 18 of the Act

Where an accidental release of dangerous goods in excess of a prescribed quantity or concentration occurs from a means of containment being used to handle or transport dangerous goods, any person who at the time has the charge, management or control of the means of containment shall report the occurrence of the release to any person prescribed for the purposes of this section.

8.1(1) / Failing to immediately report an accidental release of dangerous goods to a person or organization set out in section 8.1(5) of the Regulations / 18(1) / 1000
8.1(3) / Failing to immediately report an imminent accidental release of dangerous goods to a person or organization set out in section 8.1(5) of the Regulations / 18(1) / 1000

Section 28 of the Act – Non-Compliance with Regulations

Contravening or failing to comply with a provision of any Regulation made under any of the following paragraphs:

  • 27(1)(h) – Prohibitions on transport (circumstances in which dangerous goods must not be handled, offered for transport or transported);
  • 27(1)(i) – Prohibitions on transport (dangerous goods that must not be handled, offered for transport or transported);
  • 27(1)(l) – Record keeping (the manner in which records must be kept under Section 9, the information that must be included in the records and the notices that must be given under this section);
  • 27(1)(n) – Record keeping (shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods, the information that must be included in those documents and the persons by whom and the manner in which they must be used and kept); and
  • 27(1)(r) – Accident reporting (persons to receive reports under subsection 18(1), the manner of making reports, the information that must be included in them and the circumstances in which they need not be made).

27(1)(n) – Record keeping (shipping records and other documents that must be used in handling, offering for transport or transporting dangerous goods, the information that must be included in those documents and the persons by whom and the manner in which they must be used and kept)

2.3 / Failing to use the proper shipping name shown in column 2 of Schedule 1 / 28 – 27(1)(n) / 500
3.1(1) / Consignor failing to prepare and give shipping records to carrier taking possession of the dangerous goods / 28 – 27(1)(n) / 500
3.2(1) / Carrier taking possession of dangerous goods without having shipping document(s) for the dangerous goods / 28 – 27(1)(n) / 500
3.2(4) / Carrier failing to keep a copy of the shipping document in the location specified by sections 3.7 to 3.10 while the dangerous goods are in transport and in the possession of a carrier / 28 – 27(1)(n) / 500
3.2(5) / Carrier failing to give the shipping record or a copy of the shipping record to another carrier taking possession of the dangerous goods / 28 – 27(1)(n) / 500
3.2(6) / Carrier failing to give a document identifying the dangerous goods to another person at or before the time that person takes possession of the dangerous goods / 28 – 27(1)(n) / 500
3.3(1) / (a) Person in charge failing to prepare and give a consist to a member of the train crew when a railway vehicle containing dangerous goods for which a placard is required to be displayed in accordance with Part 4 of the Regulations is part of the train
(b) Train crew failing to keep information on a consist up to date as per section 3.3(2) of the Regulations
(c) Train crew failing to keep consist with the shipping document / 28 – 27(1)(n) / 700
700
500
3.3(3) / Carrier unable to immediately provide a copy of the consist to CANUTEC when the train to which the consist applies is in operation or is involved in an accident / 28 – 27(1)(n) / 1000
3.4(1) / (a) Required information on a shipping document or on a consist not easily identifiable
(b) Required information on a shipping document or on a consist illegible
(c) Required information on a shipping document or on a consist not written in indelible print
(d) Required information on a shipping document or on a consist not written in English or French / 28 – 27(1)(n) / 500
500
500
500
3.5(1)(a) / Consignor name and address not displayed on a shipping document / 28 – 27(1)(n) / 500
3.5(1)(c) / Description of dangerous goods not displayed on a shipping document in the correct order as set out in section 3.5(1)(c)(i) to (vii) of the Regulations / 28 – 27(1)(n) / 500
3.5(1)(d) / Quantity and/or unit of measure of each dangerous good not displayed on a shipping document / 28 – 27(1)(n) / 500
3.5(1)(e) / For each shipping name, the number of small means of containment requiring labels not displayed on the shipping document / 28 – 27(1)(n) / 500
3.5(1)(f) / (i) Words indicating 24 hour telephone number and/or telephone number not displayed on a shipping document
(ii) Consignor unable to be reached for technical information immediately without breaking the telephone connection / 28 – 27(1)(n) / 700
700
3.5(3) / A means of containment, or its contents, fumigated with dangerous goods and that isin transport not accompanied by a shipping document that includes all applicable information / 28 – 27(1)(n) / 500
3.6(1) / Failing to include the required additional information as set out in sections 3.6(1)(a) and (b) of the Regulations on a shipping document for dangerous goods for which an ERAP is required under Part 7 of the Regulations / 28 – 27(1)(n) / 700
3.6(3) / Failing to include the additional information on a shipping document as required by section 3.6(3) of the Regulations / 28 – 27(1)(n) / 700
3.11(1) / Consignor failing to produce a copy of a shipping document as set out in section 3.11 of the Regulations / 28 – 27(1)(n) / 500
3.11(2)(b) / Carrier unable to produce a copy of a shipping document within fifteen days of receiving a written request from an inspector / 28 – 27(1)(n) / 500
6.6 / Employer failing to retain proof of employee training / 28 – 27(1)(n) / 500
6.8 / Person failing to give his or her training certificate, or a copy of it, to an inspector immediately on request / 28 – 27(1)(n) / 300

27(1)(r) – Accident reporting (persons to receive reports under subsection 18(1), the manner of making reports, the information that must be included in them and the circumstances in which they need not be made)

8.3(2) / Employer or person failing to provide a follow-up report in writing, to the Director General within 30 days after the occurrence of the accidental release the dangerous goods accident or the dangerous goods incident / 28 – 27(1)(r) / 700

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