Marginal note:Short title

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

Marginal note:Definitions

2. In this Act,

“container”

« conteneur »

“container” means a container as defined in the Convention and to which the Convention applies;

“Convention”

« Convention »

“Convention” means the International Convention for Safe Containers set out in the schedule;

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector pursuant to section 4;

“Minister”

« ministre »

“Minister” means the Minister of Transport.

Marginal note:Regulations

• 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

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

  • (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;

  • (c) respecting the maintenance and repairing of containers;

  • (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;

  • (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

  • (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).

• Marginal note:Limitations

  (2) No regulation made under subsection (1) may

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

  • (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).

• Marginal note:Proposed regulations to be published

  (3) 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.

• Marginal note:Exceptions

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

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

  • (b) makes no material substantive change in an existing regulation.