Marginal note:Security regulations

• 27.1 (1) The Governor in Council may make regulations respecting the security of the importing, offering for transport, handling or transporting of dangerous goods, including regulations

  • (a) respecting the prevention of unlawful interference with the importing, offering for transport, handling or transporting of dangerous goods and the action that is to be taken if that interference occurs or is likely to occur;

  • (b) prescribing persons or classes of persons, specifying quantities or concentrations of dangerous goods or ranges of them, and respecting the manner of determining those quantities, concentrations or ranges, for the purposes of section 5.2;

  • (c) respecting the conditions that a person is to meet to receive a transportation security clearance;

  • (d) respecting the manner of applying for, issuing, suspending and revoking a transportation security clearance and providing for the appeal or review of a refusal to issue such a clearance or of a suspension or revocation of one;

  • (e) prescribing persons or classes of persons, respecting the contents and implementation of security plans, and specifying quantities or concentrations of dangerous goods or ranges of them, for the purposes of subsection 7.3(1);

  • (f) respecting security training, including its content and its implementation, and the measures described in subsection 7.3(2);

  • (g) requiring security management systems to be established by prescribed persons or classes of persons with respect to specified quantities or concentrations of dangerous goods or ranges of them, specifying those quantities, concentrations or ranges and respecting the content or requirements of those systems;

  • (h) establishing security requirements for equipment, systems and processes used in importing, offering for transport, handling or transporting dangerous goods, including means of transport tracking and identification protocols;

  • (i) respecting the provision to the Minister of security-related information;

  • (j) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required; and

  • (k) prescribing persons or classes of persons who are to be prescribed under this Act.

• Marginal note:References in regulations

  (2) The regulations may refer to any document, in whole or in part, as it exists when the regulations are made.

Marginal note:Security measures

• 27.2 (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.

Marginal note:Deputy may make security measures

• 27.3 (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.

Marginal note:Relationship with regulations

• 27.4 (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.

Marginal note:Unauthorized disclosure — security measures

• 27.5 (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.

Marginal note:Interim orders

• 27.6 (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.

Marginal note:Exemption from Statutory Instruments Act

• 27.7 (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.

CERTIFICATES AND DIRECTIONS

Marginal note:Equivalency certificate

• 31. (1) The Minister may issue an equivalency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the manner in which the authorized activity will be carried on provides a level of safety at least equivalent to that provided by compliance with this Act.

• Marginal note:Emergency certificate

  (2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety.

• Marginal note:Temporary certificate

  (2.1) The Minister may, in the public interest, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.

• Marginal note:Immunity

  (2.2) No action lies against Her Majesty in right of Canada, the Minister, his or her Deputy or any person employed in the Department of Transport for anything done or omitted to be done in good faith under subsection (2.1).

• Marginal note:Exemption from Statutory Instruments Act

  (3) An equivalency, emergency or temporary certificate is not a statutory instrument for the purposes of the Statutory Instruments Act and the contents of an emergency certificate or a temporary certificate may be issued orally, but the emergency certificate or temporary certificate shall be issued in writing as soon as possible and the writing is conclusive proof of its content.

• Marginal note:Terms and conditions

  (4) An equivalency, emergency or temporary certificate may include terms and conditions governing the authorized activity and, if any of the terms or conditions is not complied with in the course of carrying on the activity, the Act and regulations apply to the activity as though the certificate did not exist.

• Marginal note:Scope of certificate

  (5) An equivalency, emergency or temporary certificate may specify the persons who may carry on the activity and the dangerous goods or means of containment that it may involve.

• Marginal note:Revocation of certificate

  (6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.1), respectively, or the regulations have been amended and have the same effect as the certificate.

Marginal note:Protective directions

• 32. (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety.

• Marginal note:Emergency

  (2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and that cannot be effectively dealt with under any other provision of this Act.

• Marginal note:Revocation of protective direction

  (3) The Minister may suspend or revoke the direction if the Minister is satisfied that it is no longer needed.

OFFENCES AND PUNISHMENT

Marginal note:Contraventions

• 33. (1) Every person is guilty of an offence who contravenes a provision of

  • (a) this Act;

  • (b) a direction issued under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1);

  • (c) the regulations;

  • (d) a security measure; or

  • (e) an interim order.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is liable on indictment to imprisonment for a term not exceeding two years; or

  • (b) is liable on summary conviction to a fine not exceeding $50,000 for a first offence, and not exceeding $100,000 for each subsequent offence.

• Marginal note:Exemption from Statutory Instruments Act

  (3) For greater certainty, a direction referred to in paragraph (1)(b) is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under paragraph (1)(b) unless the person was notified of the direction and, if any applicable regulations have been made under paragraph 27(1)(t), the notification was in accordance with the regulations.