Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Safe Containers Convention Regulations (SOR/82-1038)

Regulations are current to 2020-11-02

Authorized Organizations (continued)

  •  (1) No organization shall be authorized by the Board under section 12 unless it carries on business in Canada.

  • (2) Notwithstanding subsection (1), where containers are manufactured outside Canada, the Board may authorize an organization that is not carrying on business in Canada to perform, with respect to those containers, the functions referred to in section 12 but such functions shall extend only to the cases specified by the Board in that authorization.

 An authorized organization shall, when the Board so requests, publish a schedule of fees for services provided by it in the performance of any of the functions referred to in section 12, such schedule to be based on the actual costs incurred by the organization.

 At the end of every year, an authorized organization shall submit to the Board a record of all approvals of containers made by it during that year.

  • SOR/94-374, s. 7

Revocation of Authorization

  •  (1) Subject to subsection (2), where an authorized organization does not comply with any requirement set out in section 13, 15 or 16, the Board may revoke the authorization granted under section 12.

  • (2) Where the Board proposes to revoke an authorization under subsection (1), it shall

    • (a) give notice to the authorized organization referred to in that subsection of its intention and the reasons for the revocation; and

    • (b) afford the authorized organization a reasonable opportunity of being heard.

  • SOR/94-374, s. 7

Detention

  •  (1) An inspector may detain a container that does not carry a valid Safety Approval Plate as required by these Regulations.

  • (2) Where there is significant evidence that the condition of a container creates an obvious risk to safety, an inspector may detain the container until it is restored to a safe condition.

  • (3) An inspector may authorize a container that has been detained to be transported after appropriate means have been taken to protect the structural integrity of the container.

  • (4) An inspector who detains a container shall forthwith affix to it a notice to that effect and shall send a written notice of the detention and the reasons therefor to the person who, according to the information at his disposal, is the owner of the container.

  • SOR/94-374, s. 7

 No person shall move or permit the moving of a container to which a notice of detention is affixed except in accordance with an authorization issued pursuant to subsection 18(3).

  •  (1) An inspector shall forthwith release a container that has been detained pursuant to subsection 18(1) where a valid Safety Approval Plate as required by the Convention has been affixed to the container.

  • (2) An inspector shall release a container that has been detained pursuant to subsection 18(2) and that is to continue in service, as soon as the container has been restored to a safe condition.

  • SOR/94-374, s. 7

Inquiries

 Where an accident or incident referred to in subsection 9(1) of the Act involves

  • (a) national defence, national security, the Canadian Forces, a visiting force as defined in the Visiting Forces Act or employees of the Department of National Defence, or

  • (b) property

    • (i) under the control of the Minister of National Defence, or

    • (ii) that is owned, occupied, possessed or controlled by a visiting force and that is deemed to be owned, occupied, possessed or controlled by the Crown pursuant to paragraph 15(b) of the Visiting Forces Act,

the Minister shall obtain the concurrence of the Minister of National Defence in the choice of the person or persons to be authorized to conduct an inquiry under that subsection.

Disposal of Containers

 Where a container is detained under these Regulations and is not repossessed by the person entitled thereto within 180 days from the date of such detention, the Minister may sell the container by public auction.

 
Date modified: