Town of Diamond Valley Bylaw 2023-28 (Transportation of Dangerous Goods Bylaw) — full text, Diamond Valley, Alberta

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 2814ee6d6dca · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BYLAW 2023-28 BEING A BYLAW OF THE TOWN OF DIAMOND VALLEY IN THE PROVINCE OF ALBERTA, TO REGULATE THE TRANSPORTATION OF DANGEROUS GOODS WITHIN THE TOWN OF DIAMOND VALLEY, ALBERTA. WHEREAS pursuant to the Municipal Government Act, RSA 2000, Chapter M-26 as amended, a municipal council has authority to govern and the authority to pass bylaws respecting the municipality, including services provided by or on behalf of the municipality; WHEREAS pursuant to the Dangerous Goods Transportation and Handling Act, R.S.A. 2000, Chapter D-4 the Town of Diamond Valley is empowered to regulate the transportation of Dangerous Goods within the Town's corporate limits. AND WHEREAS the Council of the Town of Diamond Valley deems it desirable to pass a bylaw in the interests of public safety to regulate vehicles transporting Dangerous Goods to Dangerous Goods Truck Routes as much as possible. THEREFORE, BE IT RESOLVED THAT the Council of the Town of Diamond Valley, duly assembled in Council Chambers in Diamond Valley, Alberta, enacts as follows: - 1.0 TITLE AND PURPOSE - 1.1 This bylaw may be cited as the Transportation of Dangerous Goods Bylaw. - INTERPRETATION AND DEFINITIONS 2.0 - 2.1 Any terms not defined in this Bylaw shall have the meaning as defined in Dangerous Goods Transportation and Handling Act, R.S.A. 2000, Chapter D-4, and amendments thereto, as applicable, and the Traffic Safety Act, RSA 2000, Chapter T6, and amendments thereto, as applicable for the purposes of the interpretation and the application of this Bylaw. - 2.2 In this bylaw and any schedules to this bylaw, the following terms, phrases, words and their derivations shall have the following meanings: - a. Carrier means any person transporting Dangerous Goods in, into, through or out of the Town by any vehicle. - b. CAO means the Chief Administrative Officer of the Town of Diamond Valley or designate. - c. Dangerous Goods means Dangerous Goods for which placards are required by the Dangerous Goods Transportation and Handling Act and any regulations thereunder. - d. Dangerous Goods Route Signs means those signs identified in Schedule "B" attached and forming part of this Bylaw. - e. Dangerous Goods Truck Route means any highway so designed in Schedule "C" attached and forming part of this Bylaw which may be posted with Dangerous Good Route Signs; - f. Enforcement Officer means any individual(s) designated and appointed, from time to time, by the Town of Diamond Valley for the purpose of administration and enforcement of this Bylaw and shall include a person designated as a Peace Officer appointed pursuant to the Peace Officer Act, S.A. 2006, c P-3.5, or a police officer under the Police Act, R.S.A. 2000, c. P-17 This photocopy is a true copy of the original document which has not been altered in any way.  Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348    - g. Inspector means a person or a member of a class of persons designated as an Inspector under section 6. 1 of the Dangerous Goods Transportation and Handling Act, Chapter D-4, RSA 2000 and amendments thereto. - h. Placardable Quantities means a) a consignment of Dangerous Goods in a quantity that requires placard(s) pursuant to the Transportation of Dangerous Goods Regulations; or b) an intermediate bulk container displaying labels pursuant to Section 4.15.3(c) of the Transportation of Dangerous Goods Regulations, SOR/2001-286, as amended. - j. Service Station or Repair Depot means any premises licensed for the purposes of dispensing fuel or carrying out mechanical repairs. - i. Provincial Offences Procedure Act means the Provincial Offences Procedure Act, RSA 2000, Chapter P-34, and the regulations thereof, as amended or replaced from time to time. - K. Town means the municipality of the Town of Diamond Valley in the Province of Alberta, or where the context so requires, its municipal boundaries. - I. Truck Route means a Truck Route as defined in the Traffic Safety Bylaw or any bylaw substituted therefor. - n. Violation Tag means a notice or tag in the form as approved by the Chief Administrative Officer, issued by the Town, allowing a voluntary payment option of a fine established under this Bylaw. - m. Vehicle Storage Location means any area which is at least one hundred and fifty (150) metres away from the nearest residential, institutional or assembly occupancy, or other location, acceptable to the Fire Chief or the Chief Administrative Officer. - o. Violation Ticket means a ticket issued pursuant to Part 2 of the Provincial Offences Procedures Act, Revised Statutes of Alberta 2000, Chapter P- 34, and any amendments or regulations thereto. 10. 2.3 The headings in this bylaw do not form part of this bylaw and shall not affect its interpretation. 11. 2.4 Any references in this bylaw to any Statutes are to the Province of Alberta Statutes as amended or replaced from time to time and any amendments thereto. 12. 2.5 Within the text of this Bylaw; - a. use of a pronoun or determiner which indicates on gender shall include all genders unless the context requires otherwise, and - b. use of the singular shall include the plural and the plural shall include the singular as the context requires. 15. 2.6 The word 'may' when used in this bylaw shall be construed as permissive and empowering, and the word 'shall when used in this bylaw shall be construed as imperative. 16. 3.0 GENERAL 17. 3.1 Subject to anything to the contrary in this Bylaw, all trucks transporting Dangerous Goods are also subject to the Traffic Safety Bylaw as amended from time to time. ## 4.0 INSPECTION - 4.1 Unless otherwise exempted by the Transportation of Dangerous Goods Regulations, a Carrier shall, when requested to do so by an Enforcement Officer, produce for such an officer's inspection the shipping document showing the description, and origin of all consignments of Dangerous Goods being transported. Whis photo or be tiere are original document.  Verna Staples, Leglslative Services Manager Town of Diamond Valley 403-933-4348 ukra Staples Now 21 20303 Signature    - 4.2 Particulars obtained by an Enforcement Officer from a shipping document produced under section 4.1 and submitted by them in evidence in Court shall be prima facie proof of the particulars thereon without proof of signature or official capacity of the person signing the shipping document. ## 5.0 DANGEROUS GOODS ROUTE EXCEPTIONS - 5.1 No Carrier shall transport Dangerous Goods other than on a Dangerous Goods Truck Route except: - a. To obtain or deliver Dangerous Goods from or to a location off a Dangerous Goods Truck Route or to gain access to a Vehicle Storage Location, in which event the Carrier shall: - Proceeded on a Dangerous Goods Truck Route to the Truck Route which forms the most direct route to the collection or delivery point or Vehicle Storage Location; - ill. If applicable, proceed on the street specified in (i) directly to the collection or delivery point or the Vehicle Storage Location; and - ii. Proceeded on the Truck Route specified in (i) directly to the collection or delivery point, the Vehicle Storage Location or to the street which forms the most direct route thereto; - iv. Return to the Dangerous Goods Truck Route on the same street and Truck Route; or - b. To obtain emergency repairs or service at the nearest Service Station or Repair Depot located on a Truck Route. ## 6.0 STOPPING - 6.1 No Carrier shall stop within the Town except: - b. To load or unload; - a. In compliance with an Enforcement Officer, an Inspector or traffic control device; - c. Repair or refuel the vehicle; or - d. At a Vehicle Storage Location. ## 7.0 SPECIAL PERMITS - 7.1 A Carrier may apply for a special permit to transport Dangerous Goods off a designated Dangerous Goods route other than in the manner set out in Section 5.1. - 7.2 A special permit may be issued by the Chief Administrative Officer by contacting Municipal Enforcement Services. Applications shall contain evidence to support that compliance with Section 5 is impracticable. - 7.3 The special permit may grant total or partial exemption from the requirements of Section 5 and may impose any terms and conditions considered necessary in the circumstances to safeguard the citizens of the Town and their property. - 7.4 Any contravention of the terms and conditions contained in a special permit issued pursuant to Section 7.3 shall render such special permit invalid.    Elected Official Initial This photocopy is a true copy of the original document which has not been altered in any way. Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348 Verna Stapla Nor 2/ 2023 CAO Initial Signature Date  ## 8.0 ENFORCEMENT - 8.1 Where an Enforcement Officer has reasonable grounds to believe that a Person has contravened any provision of this Bylaw, the Enforcement Officer may commence proceedings against such Person by: - a. Issuing the Person, a Violation Ticket pursuant to the provisions of the ; - c. In lieu of prosecution, issuing the Person a Bylaw Violation Tag in a form as approved by the Chief Administrative Officer. - b. Swearing out an Information and Complaint against the Person; or - 8.2 Where an Enforcement Officer issues a Person a Violation Ticket in accordance with Section 8.1 of this Bylaw, the Officer may either: - a. allow the Person to pay the specified penalty as provided for in Schedule "A", which is hereunto attached and forms part of this Bylaw, by indicating such specified penalty on the Violation Ticket; or - b. require a Court appearance of the Person where the Enforcement Officer believes that such appearance is in the public interest, pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act. - 8.3 Where a Bylaw Violation Tag is issued to a Person and is not paid within 14 days of the date of issue, the Enforcement Officer may proceed by way of prosecution in accordance with Sections 8.1 or 8.2 of this Bylaw. - 8.4 A Person shall not prevent or obstruct an Enforcement Officer from carrying out any official duty authorized by the provisions of this Bylaw or by the provision of the Municipal Government Act. ## 9.0 GENERAL PENALTY PROVISION - 9.1 Any Person that violates any provision of this Bylaw is guilty of an offence and is liable upon conviction to a maximum fine of $10,000 or in default of payment of the fine to imprisonment for a period not exceeding one year, or to both fine and imprisonment in such amounts. ## 10.0 MINIMUM AND SPECIFIED PENALTIES - 10.1 The specified and minimum penalties, and penalties in lieu of prosecution payable for a violation of any of the provisions of this Bylaw are as is set out in Schedule "A", which is hereunto attached to and forms part of this Bylaw, and which may be amended from time to time. ## 11.0 GENERAL PROVISIONS AND COMING INTO FORCE - 11.1 If any term, clause or condition of this bylaw or the application thereof is found to be invalid or unenforceable, the remainder of this bylaw or application of such term, clause or condition shall not be affected and shall remain in force and effect. - 11.2 Nothing in this bylaw relieves any person from compliance with any other bylaw or any applicable federal or provincial law, regulation or enactment. This photocopy is a true copy of the original document which has not been altered in any way.  Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348 Ukra Staples sor 2/ 2023 CAO Initial Signature    - 11.3 In the event of a conflict between this bylaw and any other bylaw or any applicable federal or provincial law, regulation or enactment respecting public health and safety, the other bylaw, law, regulation or enactment shall prevail to the extent of the conflict. - 11.4 This bylaw repeals Black Diamond Bylaw 04-01 in its entirety and all amendments thereto and Turner Valley Bylaw 98-764 in its entirety and all amendments thereto. - 11.5 This bylaw shall come into force upon signed approval by the Minister responsible for Transportation and Economic Corridors, or delegated representative, and third reading by the Council.  READ A FIRST TIME on the day of Norenter READ A SECOND TIME on the 5 K \_day of \_ November. READ A THIRD AND FINAL TIME on the 15% day of\_November , 2023 \_ 2023 , 2023 Deputy Mayor Chief Administrative Officer APPROVED BY THE Minister responsible for Transportation and Economic Corridors, or delegated representative. THIs 84 DAY OF Dec \_ 2025. Signature    This photocopy is a true copy of the original document which has not been altered in any way. Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348  ra Stastes Signature Nor 2/ 2023 Date    CAO Initial    ## SCHEDULE "A" ## PENALTIES | SECTION | OFFENCE | SPECIFIED PENALTY | MINIMUM PENALTY | |-----------|----------------------------------------------------------------------------------|---------------------|-------------------| | 4.1 | Carrier fail to produce shipping documents for Dangerous Goods being transported | $2000 | $1000 | | 5.1 | Carrier transport Dangerous Goods in contravention of provisions | $2000 | $1000 | | 6.1 | Carrier stop within Town in contravention of provisions | $2000 | $1000 | | 8.4 | Obstruct Enforcement Officer | $2000 | $1000 | This photocopy is a true copy of the original documen which has not been altered in any way. Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348  Yersa Staples - Nor 21. 2023 Signature Date CAO Initial. A    ## SCHEDULE "B" ## DANGEROUS GOODS ROUTE SIGNS Dangerous Goods Route Signs will be used to indicate regulations solely to the movement on streets and highways of vehicles classified as Dangerous Goods Carriers. Dangerous Goods Route Sign ( RB-69) as prescribed by legislation, permits travel along a street or highway. The sign shall be supplemented with proper advance and directional arrows (1 B- 5 to 1 B. 9) to indicate a turn or a change in the direction of a designated route. Advance turn arrows shall be installed at a point not less than 50 m nor more than 150 m in advance of an intersection where the route changes direction. The tab sign (RB 69T) may be used for an educational period. The signs shall be reflectorized or illuminated to show the same color and shape by night as by day  Dangerous Goods Prohibition Sign indicates that Dangerous Goods Carriers, as prescribed by legislation, are prohibited from travelling upon a street or highway. The sign will be installed along the street or highway on which the Dangerous Goods Carriers are prohibited, at the point at which such street or highway intersects a Dangerous Goods route, to prohibit the illegal entry of these vehicles. The tab sign RB-69T) may be used for an educational period. The signs shall be reflectorized or illuminated to show the same color and shape by night as by day.  This photocopy is a true copy of the original document which has not been altered in any way. Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348     ## SCHEDULE "C" ## DANGEROUS GOODS ROUTE  This photocopy is a true copy of the original document which has not been altered in any way. Verna Staples, Legislative Services Manager Town of Diamond Valley 403-933-4348  were Stapes Signature Nor 21.32023 Date CAO Initial