The Progressive Discipline Program is administered to individuals, facilities and carriers who handle, transport or offer to transport dangerous goods that are non-compliant with the legislation and its adopted standards.
This includes facilities which manufacture, assemble, modify, repair, inspect and test means of containment used for the transportation of dangerous goods.
The level of the progressive discipline to be imposed is based on the recommendation of the investigating Dangerous Goods Inspector, after considering the following specific factors:
- seriousness of the offence (non-compliance)
- whether an incident occurred or the possibility that an incident could have occurred, as a result of the offence
- history of contraventions by the individual, facility or carrier
- whether the individual, facility or carrier has committed a criminal offence, or has been charged with a criminal offence, related to the handling, transporting or offering to transport dangerous goods
- any other factors considered relevant
The following illustrates the progressive discipline continuum:
- Level 1: Verbal or Written Warning
- Level 2: Summons or Traffic Violation Ticket
- Level 3: Administrative Penalty – $1,000 to $5,000 per contravention
- Level 4: Administrative Penalty – $5,000 to $10,000 per contravention
- Level 5: Criminal Code Charge (where applicable)
The purpose of any enforcement or progressive discipline is to promote voluntary compliance.
All interventions are progressive, but action may be initiated at any level based on individual circumstances.
The Dangerous Goods Transportation and Handling Act provides the minister, or designate, with wide ranging powers, including:
- designation of Inspectors
- powers of these Inspectors
- penalties that can be issued for non-compliance
- authority to issue permits and to allow municipalities the power to designate dangerous goods routes within their jurisdictions
The act gives the Chief Inspector and Inspectors the authority to:
- issue an Inspector's Direction
- place a unit 'Out of Dangerous Goods Service'
- issue a written or verbal warning
- issue a Traffic Violation Ticket
- issue a Summons to appear in court
- refuse the issuance of, or revoke a permit
The act provided the Director the authority to:
- issue an Administrative Penalty
Criminal matters or charges laid by Traffic Violation Tickets can be appealed as stated in the Provincial Offences Procedure Act.
The Dangerous Goods Transportation and Handling Act provides the ability to appeal an Administrative Penalty to the Alberta Transportation Safety Board.
To appeal an Administrative Penalty, the defendant must purchase an appeal package from an Alberta Registries Agent.
There are 2 types of Applications for Hearing:
- non-oral which requires a written submission ($125)
- oral which requires a personal appearance before the Board ($250)
In addition to the application fee, a Registry Agent fee will be charged.
Appeals must be relevant to the actions of the defendant and/or the Director leading up to the decision.
Actions taken by the defendant after the decision may be pertinent to the defendant making a new application to the department (that is, a permit application), but not to an appeal.
For more information about appealing an Administrative Penalty, visit Alberta Transportation Safety Board.
Prior to submitting an appeal, it is recommended you contact a regional Dangerous Goods Inspector of Alberta Transportation to ensure you fully understand the decision of the Registrar and its impact.