WHMIS

PEI Legislation

Prince Edward Island 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 material is © Government of Prince Edward Island

CHAPTER D-3
DANGEROUS GOODS (TRANSPORTATION) ACT

1. In this Act Definitions
(a) “analyst” means any person designated as an analyst pursuant to
the Transportation of Dangerous Goods Act (Canada) R.S.C. 1985,
Chap. T-19;
analyst
(b) “container” means an article of transport equipment, including
one that is carried on a chassis, that is strong enough to be suitable
for repeated use and is designed to facilitate the transportation of
goods without intermediate reloading, but does not include a
vehicle;
container
(c) “dangerous goods” means any product substance or organism
included by its nature or by the regulations in any of the classes
listed in the Schedule;
dangerous goods
(d) “handling” means loading, packing or placing, unloading,
unpacking or removing or reloading, repacking or replacing
dangerous goods in or from any container, packaging or vehicle or
at any facility for the purposes of, in the course of or following
transportation and includes storing dangerous goods in the course of
transportation;
handling
(e) “highway” means a highway as defined in the Highway Traffic
Act R.S.P.E.I. 1988, Cap. H-5;
highway
(f) “inspector” means any person designated as an inspector by the
Minister under this Act;
inspector
(g) “Minister” means the Minister of Transportation and Public
Works;
Minister
(h) “packaging” means any receptacle or enveloping material used to
contain or protect goods, but does not include a container or a
vehicle;
packaging
(i) “prescribed” means prescribed by the regulations; prescribed
(j) “regulations” means the regulations made under this Act; regulations
(k) “safety mark” includes any design, symbol, device , sign, label,
placard, letter, word, number, abbreviation or any combination
thereof that is to be displayed on dangerous goods, packaging or
containers, vehicles or facilities used in the transporting or handling
of dangerous goods;
safety mark
(l) “safety requirements” means requirements for the handling or
transporting of dangerous goods, for the reporting of those activities,
for the training of persons engaged in those activities and for the
inspection of those activities;
safety requirements
(m) “safety standards” means standards regulating the design,
construction, equipping, functioning or performance of containers,
packaging, vehicles or facilities used in the transporting or handling
of dangerous goods;
safety standards
(n) “shipping document” means any document that accompanies
dangerous goods being handled or transported and that describes or
contains information relating to the goods and, in particular, but
without restricting the generality of the foregoing, includes a bill of
lading, cargo manifest, shipping order or way-bill;
shipping document
(o) “Transportation of Dangerous Goods Act (Canada)” means the
Transportation of Dangerous Goods Act (Canada), as amended from
time to time and includes the regulations made under that Act from
time to time;
(p) “vehicle” means every device in, upon or by which a person or
property is or may be transported or drawn upon a highway,
excepting devices used exclusively upon stationary rails or tracks.
1981, c.9, s.1.
vehicle
2. (1) This Act does not apply to any handling or transportation of
dangerous goods in a vehicle
Where Act does not
apply
(a) while under the sole direction or control of the Minister of
National Defence for Canada; or
(b) for which a permit is issued under subsection (2) while there is
compliance with the permit.
(2) The Minister or a person designated by him may issue a permit
exempting from the application of this Act the handling or transportation
of dangerous goods in a vehicle.
Permit
(3) A permit issued under subsection (2) is subject to such terms and
conditions as the issuer considers appropriate and are contained in the
permit.
Idem
(4) The Minister may designate in writing any person as a person
authorized to issue a permit referred to in subsection (2).
Person designated
(5) This Act is binding on Her Majesty in right of Canada or a
province and any agent thereof. 1981, c.9, s.2.
Application to
Crown
3. No person shall handle, offer for transport or import any dangerous
goods unless
General prohibition
(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. 1994, c.10, s.1.
3.1 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. 1994, c.10, s.1.
Misleading safety
marks
4. (1) Every person who contravenes section 3 is guilty of an offence and
is liable on the first conviction to a fine of not more than $50,000 and on
each subsequent conviction to a fine of not more than $100,000.
Penalty
(2) Every person who contravenes any provision of this Act or the
regulations for which no other penalty is provided by this Act is guilty of
an offence and is liable on conviction to a fine of not more than $10,000.
Idem
(3) No proceedings under this section may be instituted after two years
from the day the offence was committed. 1981, c.9, s.4.
Time limit
4.1. (1) Where a person is convicted of an offence, the court may make
an order having any or all of the following effects:
Court order
(a) prohibiting the person for a period of not more than one year
from engaging in any activity regulated under this Act;
(b) requiring the person to provide compensation, whether monetary
or otherwise, for any remedial action taken or damage suffered by
another person arising out of the commission of the offence;
(c) requiring the person to do anything that will assist in repairing
any damage to the environment arising out of the commission of the
offence; or
(d) requiring the person to conduct programs of technical research
and investigation into the development and improvement of safety
marks, safety requirements and safety standards, or to pay an
amount in the manner prescribed to be used to conduct the research.
(2) The court may make the order in addition to another punishment
imposed on the person and shall have regard to the nature of the offence
and the circumstances surrounding its commission.
Order additional to
other punishment
(3) The total value of what the person may be required to do under the
clauses (1)(b) to (d) in relation to a single offence must not exceed
$1,000,000.
Monetary limit
(4) If the person contravenes or fails to comply with the order, the
person is guilty of
Where Act does not
apply
(a) an offence punishable on summary conviction and liable to a fine
not exceeding $50,000 for a first offence, and not exceeding
$100,000 for each subsequent offence; or
(b) an indictable offence and liable to imprisonment for a term not
exceeding two years. 1994, c.10, s.2.
4.2 Where an offence is committed or continued on more than one day,
the person who committed the offence is liable to be convicted for a
separate offence for each day on which the offence is committed or
continued. 1994, c.10, s.2.
Continuing offence
5. Where the procedure set out in section 10 of the Summary
Proceedings Act R.S.P.E.I. 1988, Cap. S-9 is employed for the
prosecution of any offence under this Act, the maximum penalty that
may be imposed is a fine of $1,000. 1981, c.9, s.5.
Use of ticket procedure for minor offences

6. It is a defence to a charge under this Act for the accused to establish
that he took all reasonable measures to comply with this Act. 1981, c.9,
s.6.
Defence
7. In any prosecution for an offence under this Act, it is sufficient proof
of the offence to establish that it was committed by an employee or agent
of the accused whether or not the employee or agent is identified or has
been prosecuted for the offence, but it is a defence for the accused to
establish that the offence was committed without his knowledge or
consent and that he took all reasonable measures to prevent its
commission. 1981, c.9, s.7.
Offences by employee or agent

8. Any officer, director or agent of the corporation who directed,
authorized, assented to, acquiesced in or participated in the commission
of an offence is a party to and guilty of the offence and is liable on
conviction to the penalty provided for the offence whether or not the
corporation has been prosecuted or convicted. 1981, c.9, s.8.
Officers, etc., of corporation

9. (1) Subject to subsections (3) and (4), a certificate or report appearing
to have been signed by an inspector or analyst stating that he has made
an inspection or analyzed 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 appearing to have signed the certificate or report and, in the
absence of any evidence to the contrary, is proof of the statements
contained in the certificate or report.
(2) Subject to subsections (3) and (4), a copy or an extract made by an
inspector under clause 11(2)(b) and appearing to have been certified
under his 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 appearing to have signed the
copy or extract and, in the absence of any evidence to the contrary, has
the same probative force as the original document would have if it had
been proved in the ordinary way.
Copies or extracts

(3) The party against whom a certificate or report is produced under
subsection (1) or against whom a copy or an extract is produced under
subsection (2) may require the attendance of the inspector or analyst who
signed or appears to have signed the certificate, report, copy or extract
for the purposes of cross-examination.
Attendance of inspector or analyst

(4) No certificate, report, copy or extract referred to in subsection (1)
or (2) shall be received in evidence unless the party intending to produce
it has served on the party against whom it is intended to be produced a
notice of such intention together with a duplicate of the certificate,
report, copy or extract. 1981, c.9, s.9.
Notice

10. (1) The Minister may designate any person whom he considers
qualified as an inspector for the purposes of this Act.
Designation of
inspectors
(2) An inspector shall be furnished with a certificate of his designation
and, on inspecting any container, packaging or vehicle he shall, if so
required, produce the certificate to the person in charge thereof.
Inspector to show
certificate
(3) Where an inspector inspects or takes a sample of anything under
this Act he shall, if the thing is sealed or closed up, provide the person in
charge of it with a certificate in prescribed form evidencing the
inspection or taking of the sample.
Certificate
(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.
1981, c.9, s.10.
Effect of certificate

11. For the purpose of ensuring compliance with this Act, an inspector
may
Powers of inspectors
(a) subject to section 11.1, at any reasonable time, stop any means of
transport and enter and inspect any place or means of transport if the
5
6 Cap.D-3 Dangerous Goods (Transportation) Act
inspector is designated to inspect it and believes on reasonable
grounds that on it or in it there are
(i) dangerous goods being handled, offered for transport or
transported,
(ii) standardized means of containment,
(iii) books, shipping records, emergency response assistance plans
or other documents that contain any information relevant to the
administration or enforcement of this Act, or
(iv) computer systems that may be used to examine any
information that is contained in or available to the computer
systems and is relevant to the administration or enforcement of
this Act;
(b) open and inspect, or request the opening and inspection of, any
means of containment for which the inspector is designated if the
inspector believes on reasonable grounds that it is being used to
handle or transport dangerous goods or to contain dangerous goods
offered for transport;
(c) for the purpose of analysis, take a reasonable quantity of
anything the inspector believes on reasonable grounds to be
dangerous goods; and
(d) examine and make copies of any information contained in any
books, shipping records, emergency response plans or other
documents, or in any computer systems, that the inspector believes
on reasonable grounds contain any information relevant to the
administration or enforcement of this Act. 1994, c.10, s.3.

11.1 (1) An inspector may not enter a dwelling-place except with the
consent of the occupant or under the authority of a warrant.
Warrant required to
enter dwellingplace
(2) Where on ex parte application a justice as defined in section 2 of
the Criminal Code, is satisfied by information on oath that
Authority to issue
warrant
(a) the conditions for entry described in section 11 exist in relation
to a dwelling-place;
(b) entry is necessary for any purpose relating to the administration
or enforcement of this Act; and
(c) entry has been refused or there are reasonable grounds for
believing that entry will be refused,
the justice may at any time sign and issue a warrant authorizing the
inspector named in the warrant to enter the dwelling-place subject to any
conditions that may be specified in the warrant.
(3) The inspector who executes the warrant shall not use force unless
the inspector is accompanied by a peace officer and the use of force has
been specifically authorized in the warrant. 1994, c.10, s.3.
Use of force

11.2 In any prosecution for an offence, evidence that a means of
containment or transport bore a safety mark or was accompanied by a
prescribed document is, in the absence of evidence to the contrary, proof
of the information shown or indicated by the safety mark or contained in
the prescribed document. 1994, c.10, s.3.
Safety marks and
prescribed
documents
12. The provisions of sections 14 and 17 to 21 of the Transportation of
Dangerous Goods Act 1992 (Canada) Stats. Can. 1992 c.34 apply with
the necessary changes to the handling or transportation of dangerous
goods on a highway in the province and an inspector has all the powers
conferred by those sections upon an inspector designated under that Act.
1994, c.10, s.4.
Application of the Federal Act

13. (1) The Lieutenant Governor in Council may make regulations Regulations
(a) prescribing products, substances and organisms to be included in
the classes listed in the Schedule;
(b) establishing divisions, subdivisions and groups of dangerous
goods and classes thereof;
(c) specifying, for each product, substance and organism prescribed
under clause (a) the class listed in the Schedule and the division,
subdivision or group into which it falls;
(d) determining or providing the manner of determining the class
listed in the Schedule and the division, subdivision or group into
which any dangerous goods not prescribed under clause (a) fall;
(e) exempting from the application of this Act and the regulations or
any provision thereof the handling or 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 clause (e);
(g) prescribing the manner in which a permit under clause 2(1)(b)
shall be applied for and issued;
(h) prescribing safety marks, safety requirements and safety
standards of general or particular application;
(i) prescribing shipping documents and other documents to be used
in respect of the handling or transporting of dangerous goods in a
vehicle on a highway, the information to be included in such
documents and the persons by whom and manner in which such
documents are to be used and retained;
(j) prescribing forms for the purposes of this Act and the regulations;
(k) amending the Schedule.
(2) Any regulation made under subsection (1) may adopt by reference,
in whole or in part, with such changes as the Lieutenant Governor in
Code, etc., may be adopted by reference

Council considers necessary, any code or standard, or any regulation
made by the Government of Canada, and may require compliance with
any code, standard or regulation that is so adopted. 1981, c.9, s.13.
14. (1) The Minister may, with the approval of the Lieutenant Governor
in Council, enter into an agreement with the Government of Canada with
respect to the administration and enforcement of this Act and the
regulations or any provision thereof.
Agreements
respecting
enforcement
(2) An agreement entered into under subsection (1) may provide for
any matters necessary for or incidental to the implementation,
administration or enforcement agreed on and for the apportionment of
any costs, expenses or revenues arising therefrom. 1981, c.9, s.14.
Costs, expenses,
revenues and
related matters
15. In the event of any inconsistency between the regulations made under
this Act and any orders, rules or regulations made under any other Act,
the regulations made under this Act prevail to the extent of the
inconsistency. 1981, c.9, s.15.

Inconsistent provisions
SCHEDULE
Class 1 - Explosives, including explosives within the meaning of the
Explosives Act (Canada)
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.

Guidelines for training criteria
The following guidelines are meant to help understand the training requirements in Part 6 of the Transportation of Dangerous Goods Regulations, and not replace them.
These guidelines recognize that it is the employer who must determine if training is required in order for an employee to be a trained person. The guidelines indicate what Parts of the regulations should be included in a person's specific training.
Employers must issue a Training Certificate to employees who are adequately trained. An example of a Training Certificate can be found at the end of this Advisory Notice.
Self-employed individuals must also determine if they are adequately trained and issue themselves a training certificate.

 

Things to Remember:
Employees who are not trained can handle, offer for transport, and transport dangerous goods as long as they are doing so under the direct supervision of a trained person.
Some employees may only need training in the aspects of the regulations that are directly related to their work. A highway tank driver who only transports Class 3 products, for example, may only need specific training in relation to the transportation of Class 3 dangerous goods. In this situation, it is the employers' responsibility to determine what constitutes adequate training for their employees.
There may be some job functions that do not fall into any of the specific categories for which training has been identified as being required, yet some training may still be necessary. For example, the classification of a company's goods and products may be a job function in which the employee does not handle, offer for transport, or transport dangerous goods, but merely works with hard data that has been gathered on dangerous goods. Training on classification would be required in this case.
How to train employees is not mentioned in the Regulations. Training may be done through a combination of formal “in-class” training, on-the-job training, and extensive work experience. It is up to the employer to decide. A list of organizations offering Transportation of Dangerous Goods training is available on the TDG Web site on the

Using the Guidelines
The guidelines are identified as A, B, C and D. The training guidelines for all persons involved in the handling, offering for transport, and/or transporting of dangerous goods are described in Guideline “A”. This basic training is needed before moving on to the other specific groups as described in Guidelines “B”, “C”, and “D”.

Guideline “A”: Training for all persons involved in the handling, offering for transport and/or transporting of dangerous goods
Training Required:

    Definition of the nine classes of dangerous goods and their associated hazards;
    Shipping names, classes, UN numbers and packing groups for the dangerous goods that are normally encountered on the job;
    Safety marks such as labels and placards that are used to identify the different classes of dangerous goods that are normally encountered on the job;
    Knowledge of the information that must be on a shipping document;
    The requirements regarding mixed loads and the need for segregation of incompatible dangerous goods;
    The proper selection and use of means of containment for the dangerous goods;
    What to do if the shipping documents, placards, labels, other safety marks or means of containment seem inadequate or incorrect;
    What constitutes an accidental release and the reporting requirements if an accident happens;
    Proper use of all equipment that is used in the handling, offering for transport and/or transportation of dangerous goods;
    Emergency Response Assistance Plans (ERAP) requirements if a plan is required.

Guideline “B”: Additional training for all persons involved in the handling of dangerous goods
Handling Means:
Loading, unloading, packing or unpacking dangerous goods in a means of containment or transport for the purposes of, in the course of or following transportation, and includes storing them in the course of transportation.
Examples of a Person Handling Dangerous Goods:
Cargo Handler
Lift Truck Operator
Dock Worker
Loader/Unloader
Receiver/Shipper
Towmotor Operator
Freight Handler
Warehouse Operator
Shipper
Training Required:

    Types of placards, labels, signs, numbers and other safety marks, what they mean, and when and where to display them;
    A thorough knowledge of the control and emergency features for all handling equipment used in the day-to-day activities of the job;
    Safe practices on the loading and stowage of dangerous goods;
    When to remove placards, UN numbers and other safety marks;
    The proper selection and use of means of containment for the dangerous goods.

Guideline “C”: Additional training for all persons involved in the offering for transport of dangerous goods
Offering for Transport means:
For dangerous goods not in transport, to select or to allow the selection of a carrier to transport dangerous goods; to prepare or allow the preparation of dangerous goods so that a carrier can take possession of them for transport.
Examples of Those Who Offer For Transport:
Dispatcher
Clerical personnel (i.e. preparation of documents)
Shipper
Freight Forwarder
Biller
Training Required:

    All of the requirements required for documentation except for the location and the rail consist;
    How to communicate the special instructions and precautions for the handling and/or transporting of specific dangerous goods while on the job;
    Types of placards, labels, signs, numbers and other safety marks, what they mean, and when and where to display them;
    The proper selection and use of means of containment for the dangerous goods;
    The Emergency Response Assistance Plan requirements (ERAP) if a plan is required.

Guideline “D”: Additional training for all persons involved in the transporting of dangerous goods
A person Who is Transporting Dangerous Goods means:
The person who has possession of the dangerous goods while they are in transport.
Training Required:

    Types of placards, labels, signs, numbers and other safety marks, what they mean, and when and where to display them;
    The location of the shipping documents and the importance of keeping them accurate;
    Requirements for parking, loading and vehicule inspection which may apply.
 

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