Vol. 143, No. 13 — June 24, 2009

Registration

SI/2009-53 June 24, 2009

AN ACT TO AMEND THE TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Order Fixing June 16, 2009 as the Date of the Coming into Force of the Act, Except Section 5

P.C. 2009-953 June 11, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 37 of An Act to Amend the Transportation of Dangerous Goods Act, 1992, chapter 9 of the Statutes of Canada, 2009, hereby fixes June 16, 2009 as the day on which that Act, other than section 5, comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order fixes June 16, 2009 as the day on which An Act to Amend the Transportation of Dangerous Goods Act, 1992, chapter 9 of the Statutes of Canada, 2009, comes into force. Section 5 of the enactment, described in paragraph (b) below, is not however being brought into force at this time.

The enactment amends the Transportation of Dangerous Goods Act, 1992, in order to enhance public safety — the safety of human life and health and of property and the environment. The main amendments fall into two categories: new security requirements and safety amendments. These amendments include the following:

(a) requirements for security plans and security training;

(b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances;

(c) the creation of a choice of instruments — regulations, security measures and interim orders — to govern security in relation to dangerous goods;

(d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation;

(e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen;

(f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings;

(g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and

(h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.

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