Safe Containers Convention Act

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Sections70

• 1Short title

  This Act may be cited as the Safe Containers Convention Act.

• 2Definitions

  In this Act,

• 2[p2]

  container means a container as defined in the Convention and to which the Convention applies; (conteneur)

• 2[p3]

  Convention means the International Convention for Safe Containers set out in the schedule; (Convention)

• 2[p4]

  inspector means a person designated as an inspector pursuant to section 4; (inspecteur)

• 2[p5]

  Minister means the Minister of Transport. (ministre)

• 3Regulations
• 3(1)

  Subject to subsection (2), the Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention, and, without restricting the generality of the foregoing, may make regulations

• 3(1)(a)

  for the detention and transportation of containers that do not carry a valid Safety Approval Plate as required by the Convention;

• 3(1)(b)

  for the detention and transportation of containers in respect of which there is significant evidence that the condition of the container creates an obvious risk to safety;

• 3(1)(c)

  respecting the maintenance and repairing of containers;

• 3(1)(d)

  describing the circumstances and the manner in which the Minister may dispose of detained containers that have not been repossessed by the person entitled thereto;

• 3(1)(e)

  requiring that the Safety Approval Plate affixed to any or all containers approved under the authority of the Government of Canada be in both English and French; and

• 3(1)(f)

  describing the circumstances in which the Minister must obtain the concurrence of another specified Minister in the choice of the person or persons to be authorized to conduct an inquiry under subsection 13(1).

• 3(2)Limitations

  No regulation made under subsection (1) may

• 3(2)(a)

  authorize any person to prevent the removal of the contents of a container; or

• 3(2)(b)

  authorize the continued detention of a container after its contents have been removed, except where an inspector believes on reasonable grounds that there is about to be a contravention of a regulation respecting the transportation of containers made under paragraph (1)(a) or (b).

• 3(3)Proposed regulations to be published

  Subject to subsection (4), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.

• 3(4)Exceptions

  Subsection (3) does not apply in respect of a proposed regulation that

• 3(4)(a)

  has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or

• 3(4)(b)

  makes no material substantive change in an existing regulation.

• 4Inspectors
• 4(1)

  The Minister may designate as an inspector for the purposes of this Act and the regulations any person who, in the Minister’s opinion, is qualified to be so designated.

• 4(2)Certificate to be produced

  The Minister shall furnish every inspector with a certificate of his designation as an inspector setting out the provisions of this Act, the regulations, the Convention and Annexes I and II to the Convention that the inspector is authorized to enforce, and, on boarding any vehicle or entering any place described in subsection 5(1), an inspector shall, if so required, produce the certificate to the person in charge thereof.

• 5Powers of inspectors
• 5(1)

  In addition to any powers that he may have pursuant to the regulations, an inspector may at any reasonable time

• 5(1)(a)

  go on board any vehicle, including a ship, train, truck or aircraft, or enter any place in which he believes on reasonable grounds that

• 5(1)(a)(i)

  there is significant evidence that the condition of a container creates an obvious risk to safety, or

• 5(1)(a)(ii)

  a provision of this Act or the regulations has been contravened;

• 5(1)(b)

  go on board any vehicle, including a ship, train, truck or aircraft, or enter any place in which he believes on reasonable grounds there is a container, for the purpose of verifying that the container carries a valid Safety Approval Plate as required by the Convention; and

• 5(1)(c)

  examine any record or document required under the regulations to be kept, and make copies thereof or extracts therefrom.

• 5(2)Assistance to inspectors

  The owner or person in charge of any vehicle boarded or place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

• 6Obstruction of inspectors
• 6(1)

  No person shall obstruct or hinder an inspector in carrying out his duties or functions under this Act or the regulations.

• 6(2)False statements

  No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties or functions under this Act or the regulations.

• 6(3)Removal, etc., of detained containers

  Unless authorized by an inspector, no person shall remove or interfere in any way with a container detained by an inspector pursuant to the regulations.

• 7Contravention of Act or regulations
• 7(1)

  Every person who contravenes a provision of this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

• 7(2)Jurisdiction in case of offences

  A court has jurisdiction over an offence under this Act or the regulations if

• 7(2)(a)

  the offence was committed in the territorial jurisdiction of that court; or

• 7(2)(b)

  the accused is found or carries on business in the territorial jurisdiction of that court.

• 7(3)Idem

  Notwithstanding that an offence under this Act or the regulations was committed entirely in one province, the courts of another province have jurisdiction over that offence if the accused is found or carries on business in that other province.

• 7(4)Jurisdiction is additional

  The jurisdiction conferred under subsections (2) and (3) is in addition to and not in derogation of any jurisdiction conferred under the Criminal Code.

• 8Amendment of schedule
• 8(1)

  Subject to this section and sections 9 to 12, the Governor in Council may by order amend the schedule to reflect any amendment to the Annexes to the Convention to which Canada has not objected as provided in the Convention.

• 8(2)Tabling order

  An order under subsection (1) shall be laid before Parliament not later than the tenth sitting day of Parliament after it is issued.

• 8(3)Coming into force of order

  An order referred to in subsection (2) shall come into force on the later of unless, before the twentieth sitting day of Parliament after the order has been laid before Parliament, a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.

• 8(3)(a)

  the thirtieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection, and

• 8(3)(b)

  the day provided in the order

• 8(4)Definition of sitting day of Parliament

  For the purposes of subsections (2) and (3), a sitting day of Parliament means a day on which either House of Parliament sits.

• 9Consideration of motion
• 9(1)

  Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection 8(3) with respect to a particular order referred to in subsection 8(2), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion, unless a motion to the like effect has earlier been taken up and considered in the other House.

• 9(2)Time for disposition of motion

  A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary for the disposal of the motion.

• 9(3)Procedure on adoption of motion

  If a motion taken up and considered in accordance with subsection (1) is adopted, with or without amendments, a message shall be sent from the House adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

• 10Procedure in other House

  Within the first fifteen days next after receipt by it of a request pursuant to subsection 9(3) that the House receiving the request is sitting, that House shall take up and consider the motion that is the subject of the request, and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary to determine whether or not the motion in question is concurred in.

• 11Where motion adopted and concurred in
• 11(1)

  Where a motion taken up and considered in accordance with subsection 9(1) or section 10 is adopted, with or without amendments, by the House in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature to implement a subsequent amendment to the Annexes to the Convention to which Canada has not objected as provided in the Convention.

• 11(2)Where motion not adopted or not concurred in

  Where a motion taken up and considered in accordance with subsection 9(1) or section 10 is not adopted by the House in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force

• 11(2)(a)

  immediately on the failure to adopt the motion or concur therein, as the case may be, if no day is provided in the order; or

• 11(2)(b)

  on the day provided in the order.

• 12Negative resolution of Parliament

  When each House of Parliament enacts rules whereby any order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, subsections 8(2) to (4) and sections 9 to 11 are thereupon repealed and an order made thereafter under subsection 8(1) is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act.

• 13Minister may direct inquiry
• 13(1)

  Where an accident or incident involving a container has resulted in death or injury to any person, danger to the health or safety of the public or damage to property or the environment, the Minister may direct an inquiry to be made into that accident or incident, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and may, subject to regulations made under paragraph 3(1)(f), authorize any person or persons that the Minister deems qualified to conduct the inquiry.

• 13(2)Powers of persons conducting inquiries

  For the purposes of an inquiry under subsection (1), any person or persons authorized by the Minister under that subsection have all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

• 13(3)Report

  As soon as possible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report with recommendations to the Minister, together with all the evidence and other material that was before the inquiry.

• 13(4)Publication

  Subject to subsection (5), a report made pursuant to subsection (3) shall be published by the Minister within thirty days after he has received it, unless the report contains a recommendation that publication be withheld in the public interest, in which case the Minister may withhold publication of the report in whole or in part as he deems appropriate.

• 13(5)Where second Minister must consent to publication

  Where, pursuant to regulations made under paragraph 3(1)(f), the concurrence of a second Minister was obtained in relation to the choice of the person or persons to be authorized to conduct an inquiry under subsection (1), the report made pursuant to subsection (3), or any portion thereof, shall not be published unless that second Minister consents to publication.

• 13(6)Copies of report

  The Minister may supply copies of a report published pursuant to subsection (4) or (5) in such manner and on such terms as he deems proper.

• 13(7)Repealed

  [Repealed, 1989, c. 3, s. 52]

• 14Duration of Act

  This Act shall continue in force until a day fixed by proclamation following termination of the Convention or denunciation thereof by Canada, and no longer.