SECTION 8

Marking of a Standardized Means of Containment

8. No person shall sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it displays all applicable prescribed safety marks.

BEHIND THE WORDS

This section ensures that a means of containment that is "passed off" as a standardized means of containment shall be marked with the relevant safety mark(s) before it is sold, offered for sale, delivered, distributed, imported or used. The words "passed off" are taken from the Criminal Code and can be viewed as doing anything to cause a potential customer, user, etc., to believe that the means of containment is a standardized means of containment. For example, a means of containment marked with a safety mark indicating compliance with a standard must be viewed as a standardized means of containment.

Section 6 would ensure that once such a mark is put on a means of containment the means of containment must satisfy the standard so indicated. Section 5 ensures that only the "correct" means of containment are used to transport dangerous goods.

RELATED SECTIONS

Section 5 - Proper means of containment must be used

Section 6 - Means of containment must satisfy claims made

Section 33 - Establishes offences

COURT DECISIONS OF INTEREST

See trademark provisions of the Criminal Code, Sections 406 to 414. Also Trademarks Act R.S.C. 1985 T-13.

Section 8 Transportation of Dangerous Goods Act, 1992

R. vs Wray's Fire Protection (Kingston) Ltd

09-21-94, Ontario Provincial Court,

Charged under Section 8 with unlawfully delivering a standardized means of containment which did not display all applicable prescribed safety marks.

Accused company requalified cylinders before being registered with Transport Canada. Markings on cylinders were not prescribed safety marks as no registration number was included.

Court imposed a fine of $2,500 and made the following order under Section 34 of the TDG Act, 1992.

"Order pursuant to Section 34(1) of the Transportation of Dangerous Goods Act for re-certification of all cylinders certified during the period from January 1st,1993 to November 1st, 1993."

R. v Wrays Fire Protection (Kingston) Ltd.

"Please refer to the disclaimer on page 0-1"

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