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New Brunswick Legislation

New Brunswick Transportation of Dangerous Goods (TDG)

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

In Canada this is governed by the Dangerous Goods (Transportation) Act.
http://www.tc.gc.ca/eng/tdg/clear-tofc-211.htm

The following is © QUEEN’S PRINTER FOR NEW BRUNSWICK. All rights reserved.

CHAPTER T-11.01
Transportation of
Dangerous Goods Act

Assented to May 18, 1988
SCHEDULE A
1In this Act
“analyst” means a person appointed as an analyst under this Act;
“container” means transport equipment, including equipment that
(a)is carried on a chassis,
(b)is strong enough to be suitable for repeated use, and
(c)is designed to facilitate the transportation of goods without intermediate reloading
but does not include a vehicle;
“dangerous goods” means a product, substance or organism included by its nature or by the regulations in any of the classes listed in Schedule A;
“highway” means the entire width between the boundary lines of every street, road, lane, alley, park, parking lot, drive-in theatre, school yard, picnic site, beach, winter road across ice or place where any part of it is used by the general public for the passage or parking of vehicles, and includes the bridges on it;
“inspector” means a person appointed as an inspector under this Act;
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on behalf of the Minister;
“packaging” means a receptacle or enveloping material used to contain or protect goods but does not include a container or a vehicle;
“prescribed” means prescribed by the regulations;
“safety mark” includes a design, symbol, device, sign, label, placard, letter, word, number, abbreviation or any combination of a design, symbol, device, sign, label, placard, letter, word, number or abbreviation that is to be displayed on dangerous goods, packaging, containers or vehicles used in the transportation of dangerous goods;
“safety requirements” means requirements with respect to the transportation of dangerous goods, the reporting of such transportation, the training of persons engaged in such transportation and the inspection of such transportation;
“safety standards” means standards regulating the design, construction, equipping, functioning or performance of containers, packaging or vehicles used in the transporting of dangerous goods;
“shipping document” means a document that accompanies dangerous goods being transported and that describes or contains information relating to goods and includes a bill of lading, cargo manifest, shipping order and way-bill;
“vehicle” means a device in, on or by which a person or property is or may be transported or drawn on a highway, except a device moved by human power or used exclusively on stationary rails or tracks.
1991, c.27, s.42; 2000, c.26, s.276.
2This Act binds the Crown.
3This Act does not apply to the transportation of dangerous goods in a vehicle while the vehicle is under the sole direction or control of the Minister of National Defence for Canada.
4(1)No person shall transport any dangerous goods in, on or by a vehicle on a highway unless
(a)all applicable prescribed safety requirements are complied with, and
(b)the vehicle and all containers and packaging in it comply with all applicable prescribed safety standards and display all applicable prescribed safety marks.
4(2)No person shall transport dangerous goods in, on or by a vehicle on a highway if the transportation of such dangerous goods is prohibited by regulation.
5Notwithstanding section 4, the Minister may, in writing and on such terms and conditions as the Minister considers appropriate, exempt any person or vehicle from the application of this Act and the regulations, in whole or in part.
6(1)The Minister may appoint inspectors and analysts for the purposes of this Act and the regulations.
6(2)An inspector shall be furnished with a certificate of appointment and, on inspecting any container, packaging or vehicle shall, if so requested, produce the certificate to the person in charge of the container, packaging or vehicle.
6(3)An inspector who, under this Act, inspects or takes a sample of anything that is sealed or closed up shall provide the person in charge of it with a certificate in the prescribed form evidencing the inspection or taking of the sample.
6(4)A certificate provided under subsection (3) relieves the person to or for whose benefit it is provided of liability with respect to the inspection or taking of a sample evidenced by the certificate but does not otherwise exempt that person from compliance with this Act and the regulations.
7(1)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any time, stop and inspect a vehicle and its load where the inspector believes on reasonable and probable grounds that dangerous goods are being transported, and request the opening and inspection of or open and inspect any container, packaging or vehicle in, on or by which the inspector believes on reasonable and probable grounds that the dangerous goods are being transported.
7(2)On inspecting any container, packaging or vehicle under subsection (1) an inspector may
(a)for the purpose of analysis, take samples of anything found in the container, packaging or vehicle that the inspector believes on reasonable and probable grounds to be dangerous goods, and
(b)examine and make copies and extracts of any books, records, shipping documents or other documents or papers that the inspector believes on reasonable and probable grounds contain any information relevant to the administration of this Act and the regulations.
7(3)Where dangerous goods are being transported in, on or by a vehicle on a highway and, after an inspection, an inspector is satisfied on reasonable and probable grounds that any provision of this Act or the regulations is being or has been violated, the inspector may seize the vehicle in which such dangerous goods are being transported and may, in accordance with the regulations, detain the vehicle and goods until the final disposition of any prosecution instituted for such violation or release the vehicle and the goods at any time before such final disposition.
7(4)A vehicle or goods seized under subsection (3) shall be detained, released or otherwise disposed of in accordance with the regulations.
7(5)The owner or other person who has the charge, management or control of a container, packaging or vehicle inspected under subsection (1) or a vehicle or goods seized or detained under subsection (3) shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions.
7(6)No person shall, while an inspector is exercising the inspector’s powers or carrying out the inspector’s duties and functions,
(a)fail to comply with any reasonable request of the inspector,
(b)knowingly make any false or misleading statement either verbally or in writing to the inspector,
(c)except with the authority of the inspector, remove, alter or interfere in any way with anything removed by the inspector, or
(d)otherwise obstruct or hinder the inspector.
8(1)Subject to subsections (3) and (4), a certificate or report purporting to have been signed by an inspector or analyst stating that the inspector or analyst has made an inspection or analysed or examined a vehicle, product, substance or organism and stating the results of the inspection, analysis or examination is admissible in evidence in any prosecution for an offence under this Act, without proof of the signature or official character of the person purporting to have signed the certificate or report, and, in the absence of evidence to the contrary, is proof of the facts contained in the certificate or report.
8(2)Subject to subsections (3) and (4), a copy or an extract made by an inspector under paragraph 7(2)(b) and purporting to have been certified under the inspector’s signature as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act, without proof of the signature or official character of the person purporting to have signed the copy or extract, and for all purposes for which the original would be admissible.
8(3)A certificate or report referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given to the person against whom it is to be produced reasonable notice of the intention, together with a copy of the certificate or report.
8(4)A person against whom a certificate or report referred to in subsection (1) is produced may, with leave of the court, require the attendance of the inspector or analyst for purposes of cross-examination.
9A person who violates subsection 4(1), 4(2), 7(5) or 7(6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category J offence.
1990, c.61, s.140.
10 Repealed: 1990, c.22, s.49.
1990, c.22, s.49.
11It is a defence to a charge under this Act for the person charged with the offence to establish that the person exercised all due diligence to comply with this Act and the regulations.
12A prosecution for an offence under this Act may be instituted at any time within two years after the time it is alleged to have been committed.
13The Minister is responsible for the general administration of this Act and may designate persons to act on behalf of the Minister.
14(1)The Minister may, with the approval of the Lieutenant-Governor in Council, enter into agreements with the Government of Canada or the government of a province or territory of Canada with respect to the implementation, administration and enforcement of
(a)this Act and the regulations or any provision of this Act or the regulations, and
(b)the Transportation of Dangerous Goods Act, chapter 36 of the Statutes of Canada, 1980-81-82-83 and the regulations under that Act or any provision of that Act or the regulations under that Act.
14(2)Any agreement entered into under subsection (1) may provide for any matters necessary for or incidental to the implementation, administration or enforcement agreed upon or any other matter related to the transportation of goods or this Act and the regulations and for the apportionment of any costs, expenses or revenues arising from the agreement.
15No action for damages lies against the Province, the Minister, a person designated to act on behalf of the Minister, or any inspector with respect to anything done or purported to be done, or with respect to anything omitted, under this Act or the regulations.
16The Lieutenant-Governor in Council may make regulations
(a)prescribing products, substances and organisms to be included in the classes listed in Schedule A;
(b)establishing divisions, subdivisions and groups of dangerous goods and classes of such divisions, subdivisions and groups of dangerous goods;
(c)specifying, for each product, substance and organism prescribed under paragraph (a), the class listed in Schedule A and the division, subdivision or group into which it falls;
(d)determining or providing the manner of determining the classes listed in Schedule A and the division, subdivision or group into which any dangerous goods not prescribed under paragraph (a) fall;
(e)exempting from the application of this Act and the regulations or any provision of this Act or the regulations the transporting of dangerous goods in such quantities or concentrations, in such circumstances, for such purposes or in such vehicles as are specified in the regulations;
(f)prescribing the manner of identifying any quantities or concentrations of dangerous goods exempted under paragraph (e);
(g)prescribing safety marks, safety requirements and safety standards of general or particular application;
(h)respecting exemptions granted under section 5;
(i)prescribing shipping documents and other documents to be used in respect of the transportation of dangerous goods, the information to be included in such documents and the persons by whom and the manner in which such documents are to be used and retained;
(j)prescribing remedial powers of an inspector where the inspector believes on reasonable and probable grounds that dangerous goods being transported constitute a serious and imminent danger to life, health, property or the environment or are being transported otherwise than in compliance with the applicable safety marks, safety requirements or safety standards;
(k)respecting the retention, release or disposition of property seized;
(l)prescribing the form, amount, nature, class, beneficiary, terms and conditions of insurance or bond that shall be provided and carried by persons or classes of persons while transporting dangerous goods in a vehicle or class of vehicle on a highway;
(m)prohibiting the transportation of dangerous goods under such circumstances as are prescribed;
(n)prohibiting the transportation of such dangerous goods as are prescribed;
(o)requiring that where there occurs a discharge, emission or escape of dangerous goods from any container, packaging or vehicle on a highway, the persons having charge, management or control of the dangerous goods, shall report the discharge, emission or escape to a designated person, and designating the person to whom the report is to be made and prescribing the information to be included in the report and the manner of reporting;
(p)prescribing forms for the purposes of this Act and the regulations;
(q)defining any word or expression used but not defined in this Act;
(r)adopting, by reference, in whole or in part, with such changes as the Lieutenant-Governor in Council considers necessary, any regulation, code, standard or procedure and requiring compliance with a regulation, code, standard or procedure so adopted.
17Sections 246, 246.1 and 246.2 of the Motor Vehicle Act are repealed.
18This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Class 1 -
Explosives, including explosives within the meaning of the Explosives Act, chapter E-15 of the Revised Statutes of Canada, 1970
Class 2 -
Gases, compressed, deeply refrigerated, liquefied or dissolved under pressure
Class 3 -
Flammable and combustible liquids
Class 4 -
Flammable solids, substances liable to spontaneous combustion; substances that on contact with water emit flammable gases
Class 5 -
Oxidizing substances; organic peroxides
Class 6 -
Poisonous (toxic) and infectious substances
Class 7 -
Radioactive materials and prescribed substances within the meaning of the Atomic Energy Control Act (Canada)
Class 8 -
Corrosives
Class 9 -
Miscellaneous products, substances or organisms considered by the Lieutenant-Governor in Council to be dangerous to life, health, property or the environment when transported in a vehicle on a highway and prescribed to be included in this class

1989, c.64, s.1.
N.B. This Act was proclaimed and came into force July 1, 1989.

N.B. This Act is consolidated to June 30, 2000.

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