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Transportation of Dangerous Goods Act, 1992

Version of section 22 from 2009-06-16 to 2016-12-31:

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

  •  (1) Her Majesty in right of Canada may recover the costs and expenses reasonably incurred while taking any measures under section 17 or 19.

  • Marginal note:Persons liable

    (2) The costs and expenses may be recovered jointly and severally from any persons who, through their fault or negligence or that of others for whom they are by law responsible, caused or contributed to the circumstances necessitating the measures.

  • Marginal note:Presumption

    (3) For the purposes of proceedings under this section, a defendant engaged in an activity in relation to which this Act applies shall be presumed to have been at fault or negligent unless it is established, on a balance of probabilities, that the defendant and any others for whom the defendant is by law responsible took all reasonable measures to comply with this Act and the regulations.

  • Marginal note:Procedure

    (4) All claims under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken for the claims in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

  • Marginal note:Recourse or indemnity

    (5) This section does not limit or restrict any right of recourse or indemnity that any person who is liable under subsection (1) may have against any other person.

  • Marginal note:Civil remedies

    (6) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is an offence under this Act or gives rise to liability under this section.

  • Marginal note:Operator’s liability under Nuclear Liability Act

    (7) Nothing in this section relieves an operator, as defined in section 2 of the Nuclear Liability Act, from any duty or liability imposed on the operator under that Act.

  • Marginal note:Limitation period

    (8) Proceedings in respect of a claim under this section may be instituted no later than two years after the day the events in respect of which the proceedings are instituted occurred or became evident.

  • 1992, c. 34, s. 22
  • 2009, c. 9, s. 21(F)
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