An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)
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Assented to 2009-05-14
1992, c. 34TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
27. Section 28 of the Act is repealed.
28. (1) The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Ministerial fees orders
29. (1) The Minister may make orders fixing any fees or charges, or determining the manner of calculating any fees or charges, to be paid
(2) Paragraph 29(1)(b) of the Act is replaced by the following:
(b) in relation to applying for transportation security clearances described in subsection 5.2(2), equivalency certificates described in subsection 31(1), approvals or registrations under this Act.
29. (1) Subsection 30(1) of the Act is replaced by the following:
Marginal note:Proposed regulations and orders to be published
30. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 27 or 27.1 and each order that the Minister proposes to make under section 29 shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the regulation or order.
(2) Subsection 30(2) of the French version of the Act is replaced by the following:
Marginal note:Exception
(2) Ne sont pas visés les projets de règlement ou d’arrêté déjà publiés, qu’ils aient été modifiés ou non à la suite des observations.
(3) Section 30 of the Act is amended by adding the following after subsection (2):
Marginal note:Review of regulations — House of Commons
(3) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.
Marginal note:Review of regulations — Senate
(4) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate.
Marginal note:1994, c. 26, ss. 72(F) and 73
30. The heading before section 31 and sections 31 to 33 of the Act are replaced by the following:
CERTIFICATES AND DIRECTIONS
Marginal note:Equivalency certificate
31. (1) The Minister may issue an equivalency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the manner in which the authorized activity will be carried on provides a level of safety at least equivalent to that provided by compliance with this Act.
Marginal note:Emergency certificate
(2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety.
Marginal note:Temporary certificate
(2.1) The Minister may, in the public interest, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.
Marginal note:Immunity
(2.2) No action lies against Her Majesty in right of Canada, the Minister, his or her Deputy or any person employed in the Department of Transport for anything done or omitted to be done in good faith under subsection (2.1).
Marginal note:Exemption from Statutory Instruments Act
(3) An equivalency, emergency or temporary certificate is not a statutory instrument for the purposes of the Statutory Instruments Act and the contents of an emergency certificate or a temporary certificate may be issued orally, but the emergency certificate or temporary certificate shall be issued in writing as soon as possible and the writing is conclusive proof of its content.
Marginal note:Terms and conditions
(4) An equivalency, emergency or temporary certificate may include terms and conditions governing the authorized activity and, if any of the terms or conditions is not complied with in the course of carrying on the activity, the Act and regulations apply to the activity as though the certificate did not exist.
Marginal note:Scope of certificate
(5) An equivalency, emergency or temporary certificate may specify the persons who may carry on the activity and the dangerous goods or means of containment that it may involve.
Marginal note:Revocation of certificate
(6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.1), respectively, or the regulations have been amended and have the same effect as the certificate.
Marginal note:Protective directions
32. (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety.
Marginal note:Emergency
(2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and that cannot be effectively dealt with under any other provision of this Act.
Marginal note:Revocation of protective direction
(3) The Minister may suspend or revoke the direction if the Minister is satisfied that it is no longer needed.
OFFENCES AND PUNISHMENT
Marginal note:Contraventions
33. (1) Every person is guilty of an offence who contravenes a provision of
(a) this Act;
(b) a direction issued under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1);
(c) the regulations;
(d) a security measure; or
(e) an interim order.
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1)
(a) is liable on indictment to imprisonment for a term not exceeding two years; or
(b) is liable on summary conviction to a fine not exceeding $50,000 for a first offence, and not exceeding $100,000 for each subsequent offence.
Marginal note:Exemption from Statutory Instruments Act
(3) For greater certainty, a direction referred to in paragraph (1)(b) is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under paragraph (1)(b) unless the person was notified of the direction and, if any applicable regulations have been made under paragraph 27(1)(t), the notification was in accordance with the regulations.
31. Paragraph 34(1)(d) of the Act is replaced by the following:
(d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety standards, or to pay an amount in accordance with the regulations to be used to conduct the research.
32. Section 35 of the Act is replaced by the following:
Marginal note:Limitation period for summary conviction offences
35. Proceedings by way of summary conviction may be instituted at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.
33. Section 38 of the English version of the Act is replaced by the following:
Marginal note:Offences by employee, agent or mandatary
38. In any prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.
34. Section 39 of the Act is replaced by the following:
Marginal note:Representative of organization
39. If an organization commits an offence, a representative who plays an important role in the establishment of the organization’s policies or is responsible for managing an important aspect of the organization’s activities — and, in the case of a corporation, an officer, director, agent or mandatary — who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the organization has been prosecuted for the offence.
35. Section 42 of the Act is replaced by the following:
Marginal note:Prima facie proof
42. In any prosecution for an offence, evidence that a means of containment or transport bore a dangerous goods mark — or another mark that is likely to be mistaken for a dangerous goods mark — or was accompanied by a shipping record is, in the absence of evidence to the contrary, proof of the presence and identification of dangerous goods indicated by the dangerous goods mark or other mark or the shipping record.
Marginal note:Terminology
36. The French version of the Act is amended by replacing indications de danger with indications de sécurité in the following provisions:
(a) paragraph 25(a); and
(b) paragraph 26(1)(a).
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