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

Marginal note:Court order

• 34 (1) Where a person is convicted of an offence, the court may make an order having any or all of the following effects:

  • (a) prohibiting the person for a period of not more than one year from engaging in any activity regulated under this Act;

  • (b) requiring the person to provide compensation, whether monetary or otherwise, for any remedial action taken or damage suffered by another person arising out of the commission of the offence;

  • (c) requiring the person to do anything that will assist in repairing any damage to the environment arising out of the commission of the offence; or

  • (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.

• Marginal note:Order additional to other punishment

  (2) The court may make the order in addition to any other punishment imposed on the person and shall have regard to the nature of the offence and the circumstances surrounding its commission.

• Marginal note:Monetary limit

  (3) The total value of what the person may be required to do under paragraphs (1)(b) to (d) in relation to a single offence must not exceed one million dollars.

• Marginal note:Breach of order

  (4) If the person contravenes or fails to comply with the order, the person is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars for each subsequent offence; or

  • (b) an indictable offence and liable to imprisonment for a term not exceeding two years.

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.

Marginal note:Continuing offence

36 Where an offence is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Marginal note:Venue

37 A complaint or an information in respect of an offence may be heard, tried or determined by any competent court of criminal jurisdiction in a province if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

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.

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.

Marginal note:Defence

40 No person shall be found guilty of an offence if it is established that the person took all reasonable measures to comply with this Act or to prevent the commission of the offence.

Evidence

Marginal note:Certificate or report of inspector

• 41 (1) In any prosecution for an offence, a certificate, report or other document, appearing to have been signed by the Minister or by an inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

• Marginal note:Copies

  (2) In any prosecution for an offence, a copy made by an inspector under section 15 and appearing to have been certified under the inspector’s signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

• Marginal note:Notice

  (3) No certificate, report or copy shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report or copy.

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.

Consequential Amendments

43 to 45 [Amendments]

Bill C-13

46 [Amendment]

Repeal

47 [Repeal]