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An Act to amend the Transportation of Dangerous Goods Act, 1992 (S.C. 2009, c. 9)

Assented to 2009-05-14

1992, c. 34TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

 Paragraph 34(1)(d) of the Act is replaced by the following:

  • (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.

 Section 35 of the Act is replaced by the following:

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.

 Section 38 of the English version of the Act is replaced by the following:

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.

 Section 39 of the Act is replaced by the following:

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.

 Section 42 of the Act is replaced by the following:

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.

Marginal note:Terminology

 The French version of the Act is amended by replacing indications de danger with indications de sécurité in the following provisions:

  • (a) paragraph 25(a); and

  • (b) paragraph 26(1)(a).

COMING INTO FORCE

Marginal note:Order in council

 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 

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