4 Common Findings From Transport Canada's Dangerous Goods Inspections That Can Save You From Penalties!

Each year, dangerous goods are moved across Canada by road, rail, water, and air. These shipments range from industrial chemicals to manufactured goods and, while indispensable to our modern way of life, they can pose a threat if not transported safely.

The Transportation of Dangerous Goods (TDG) Program develops safety standards and regulations, provides risk-based oversight and gives expert advice on dangerous goods to promote public safety in the transportation of dangerous goods by all modes of transport regulated by Transport Canada. These regulations also include provisions for non-compliance while handling, offering and transporting dangerous goods. 

To enforce these regulations Transport Canada has approximately 120 inspectors who visit businesses annually to ensure compliance with the TDG Regulations. The goal of the inspection program is to identify threats to public safety and to enforce compliance with the Transportation of Dangerous Goods Act, 1992 (TDG Act) and its regulations (TDG Regulations).

Federal inspectors have the authority to demand immediate corrective measures, inspect, seize and hold shipments (without a warrant) any consignment they believe is involved in the movement of dangerous goods, copy documentation (s) and refuse entry into Canada any illegal shipments and ensure that any person whose duties include handling, offering for transport or transporting dangerous goods received appropriate dangerous goods training.

A recent study showed that inspections 5,313 done by dangerous goods inspectors found 5,060 non-compliances, resulting in a variety of enforcement actions and risk reductions measures. In determining the penalties to be imposed, the court will consider the nature and gravity of the offense and the circumstances surrounding the offense. 

Penalties for non-compliance could range from (see below); 

• Fines ranging from $1000.00 and up to $50,000 for a first offence,
• Fines of up to $100,000 for subsequent offences,
• Up to 2 years of imprisonment for indictable offences

Most common findings are:

1. Incomplete information on the DG document i.e. no certification statement,

2. DG information in the wrong format, using the Canutec emergency phone when not registered with Canutec.

3. Part 6 training – businesses not keeping their staff on the proper training cycle (ground transport every 3 years),

4. Maintaining certificates once expired for an additional 2 years on record and not including proper training content on the employees’ certificate i.e. what classes of dangerous goods they handle as well as their job function.

Canadian businesses and global companies operating in Canada should understand TDG regulations and requirements such as classification, packaging, labeling, and documentation. Implementing workplace safety measures and best practices for TDG safety compliance helps to ensure a safe and productive workforce.

Conclusion - Transport Canada inspectors are looking to ensure both foreign and domestic businesses meet the minimal requirements for compliance, if they find gaps they typically allow 30 – 45 days to remedy the non-compliance issues. They do however issue court orders for non-compliance if the business hasn’t fixed the corrective actions outlined by the inspector.