Progressive Discipline Program

Overview

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.

Discipline levels

The level of the progressive discipline 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.

Registrar reconsiderations

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.

Payments

Details on the payment process and contact information are included in the Notice of the Administrative Penalty. Clients may also provide their payment at an Alberta Registry, with an additional fee for service.

• Payment by credit card: Contact the Carrier & Vehicle Safety Branch at 403-755-6111 (toll free in Alberta by first dialing 310-0000) to set-up a credit card payment by email or telephone payment services, in a manner that is compliant with Payment Card Industry (PCI) Compliance requirements.
• Payment by cheque: Submit a copy of the notice along with the remittance, payable to the Government of Alberta.

Should you experience financial challenges and are unable to submit the payment by the specified due date, you can contact the department to review your payment options and arrange more time for payment. For more information contact Carrier & Vehicle Safety at: 403-755-6111 or by email [email protected].

Eligible reconsiderations

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 for a decision on an Administrative Penalty to be reconsidered with Alberta Transportation and Economic Corridors.

If you want to have a decision reconsidered by the Registrar, you can complete an online application on the Registrar reconsideration page.

The only applications eligible for reconsideration are those that are able to provide the following:

• indication of error made by Alberta Transportation and Economic Corridors on the original decision
• new information that was not available to/considered by Alberta Transportation and Economic Corridors in the original decision

If you have questions regarding the Registrar Reconsideration process, see the Registrar reconsideration page.

Legislation

• Dangerous Goods Transportation and Handling Act and Regulation (Alberta)
• Transportation of Dangerous Goods Act (Canada)
• Transportation of Dangerous Goods Regulations (Canada)