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Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34)

Act current to 2020-11-17 and last amended on 2019-08-28. Previous Versions

Regulations, Measures and Orders (continued)

Marginal note:Security measures

  •  (1) The Minister may make measures — referred to in this Act as security measures — respecting the security of the importing, offering for transport, handling or transporting of dangerous goods.

  • Marginal note:Restriction

    (2) The Minister may make a security measure in relation to a particular matter only if

    • (a) a regulation could be made in relation to that matter under subsection 27.1(1); and

    • (b) the publication of the regulation would compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or would endanger public safety.

  • Marginal note:Review

    (3) A security measure comes into force immediately when it is made, but the Minister shall review the security measure within two years after the day on which it is made and within every following two years to determine whether the disclosure of the particular matter that is the subject of the security measure would no longer compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or endanger public safety.

  • Marginal note:Suspension of s. 27.5(1) and repeal of security measure

    (4) If the Minister is of the opinion that the disclosure of the particular matter that is the subject of a security measure would no longer compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or endanger public safety, the Minister shall

    • (a) within 23 days after the day on which the Minister forms that opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and states that subsection 27.5(1) no longer applies in respect of the security measure; and

    • (b) repeal the security measure before the earlier of

      • (i) the day that is one year after the day on which the notice is published, and

      • (ii) the day on which a regulation is made under subsection 27.1(1) in respect of the matter dealt with by the security measure.

  • Marginal note:Effect of notice

    (5) If a notice is published under paragraph (4)(a), subsection 27.5(1) ceases to apply in respect of the security measure as of the day the notice is published.

  • Marginal note:Consultation

    (6) Before making a security measure, the Minister shall consult with any person or organization that the Minister considers appropriate in the circumstances.

  • Marginal note:Exception

    (7) Subsection (6) does not apply if, in the opinion of the Minister, the security measure is immediately required for the security of the importing, offering for transport, handling or transporting of dangerous goods or for public safety.

  • 2009, c. 9, s. 26

Marginal note:Deputy may make security measures

  •  (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister specifies, security measures whenever the deputy is of the opinion that the measures are immediately required for public safety, provided that the conditions in paragraphs 27.2(2)(a) and (b) are met.

  • Marginal note:Duration

    (2) The security measure comes into force immediately when it is made but ceases to have force 90 days after the day on which it is made unless the Minister or his or her deputy repeals it earlier.

  • 2009, c. 9, s. 26
  • 2015, c. 3, s. 156(F)

Marginal note:Relationship with regulations

  •  (1) A security measure may provide that it applies in lieu of or in addition to any regulation under subsection 27.1(1).

  • Marginal note:Conflict

    (2) If there is a conflict between a regulation under subsection 27.1(1) and a security measure, the security measure prevails to the extent of the conflict.

  • 2009, c. 9, s. 26

Marginal note:Unauthorized disclosure — security measures

  •  (1) Unless the Minister states under subsection 27.2(4) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give the security measure effect.

  • Marginal note:Court to inform Minister

    (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

  • Marginal note:Order

    (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in the security of the importing, offering for transport, handling or transporting of dangerous goods, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that it considers appropriate, and may require any person to give evidence that relates to the security measure.

  • 2009, c. 9, s. 26

Marginal note:Interim orders

  •  (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under subsection 27.1(1) if the Minister believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods or to public safety.

  • Marginal note:Deputy may make interim orders

    (2) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister specifies, an interim order whenever the deputy believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods or to public safety.

  • Marginal note:Duration

    (3) An interim order comes into force immediately when it is made but ceases to have effect on the earliest of

    • (a) the day that is 14 days after the day on which it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) the day on which a regulation made under subsection 27.1(1) that has the same effect as the interim order comes into force, and

    • (d) the day that is two years after the day on which the interim order is made or that is at the end of any shorter period that the interim order specifies.

  • Marginal note:Publication

    (4) An interim order shall be published in the Canada Gazette within 23 days after the day on which it is made.

  • Marginal note:Tabling of order

    (5) A copy of each interim order shall be tabled in each House of Parliament within 15 days after the day on which it is made.

  • Marginal note:House not sitting

    (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

  • 2009, c. 9, s. 26

Marginal note:Exemption from Statutory Instruments Act

  •  (1) Security measures and interim orders are not statutory instruments for the purposes of the Statutory Instruments Act.

  • Marginal note:Precondition for contravention

    (2) No person shall be found to have contravened any security measure, or any interim order that has not been published in the Canada Gazette under subsection 27.6(4) at the time of the alleged contravention, unless it is proved that, at the time of the alleged contravention, the person had been notified of the security measure or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

  • Marginal note:Certificate

    (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the security measure or interim order was given to persons likely to be affected by it or that reasonable steps had been taken to bring its purport to their notice is, in the absence of evidence to the contrary, proof that notice was given to those persons.

  • 2009, c. 9, s. 26
 
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