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Disclaimer: These documents are not the official versions (more).
SAFE CONTAINERS CONVENTION ACTSafe Containers Convention Regulations
REGULATIONS RESPECTING THE IMPLEMENTATION OF THE INTERNATIONAL CONVENTION FOR SAFE CONTAINERS Short Title1. These Regulations may be cited as the Safe Containers Convention Regulations. Interpretation2. In these Regulations, "Act" « Loi » "Act" means the Safe Containers Convention Act; "Annex I" or "Annex II" « Annexe I or Annexe II » "Annex I" or "Annex II" means Annex I or Annex II of the Convention; "authorized organization"« organisation autorisée » "authorized organization" means an organization authorized under section 12; "Board" « Bureau » "Board" means The Board of Steamship Inspection referred to in section 304 of the Canada Shipping Act; "Convention" « Convention » "Convention" means the International Convention for Safe Containers (CSC) set out in the schedule to the Act; and other words and expressions used in these Regulations have the same meaning as in the Convention or Annex I or Annex II. Application3. These Regulations apply to new and existing containers used in international transport, except those containers specially designed for air transport. Approval4. (1) Subject to subsection (2), the owner of every container shall ensure that it is approved and examined in accordance with Annex I and Annex II and has affixed to it, at a readily visible place, adjacent to any other approval plate issued for official purposes, and where it will not be easily damaged, a Safety Approval Plate that conforms to the specifications set out in Annex I and contains the information, in at least the English or French language, specified in Annex I. (3) For the purposes of subsection (1), a container may be approved by
Maintenance5. (1) The owner of every container shall ensure that it is maintained in a safe condition. (2) The owner of every approved container shall ensure that it is examined in accordance with Annex I. 6. (1) The owner of every container who, in the case of a corporation, has its head office in Canada or, in the case of an individual, his domicile in Canada shall submit in writing to the Board for approval the procedure he proposes to use in respect of periodic examination of containers and shall set out in his submission the following information:
(2) Where, with respect to a submission for approval of a proposed procedure under this section, the Board
(3) Notwithstanding subsection (1), the owner of a container who has his head office or domicile in any state that is not a Contracting Party but who has a principal office in Canada may, in accordance with that subsection, submit for approval the procedure he proposes to use in respect of the periodic examination of the container. 7. Every owner of a container shall keep for a period of at least two years a record of the last examination made in respect of that container in accordance with the procedure approved by the Board under section 6. Repairs8. Where there is significant evidence that the condition of a container creates an obvious risk to safety, the owner thereof or his representative in Canada shall
9. Where a container referred to in section 8 is to be repaired in Canada for the purposes of restoring it to a safe condition, the owner there of or his representative in Canada shall submit the container to a repair facility along with specifications in writing for such repair. 10. On completion of the repair referred to in section 9, the owner of the repair facility or any person authorized by the owner for that purpose shall issue a statement in writing to the owner of the container or the owner's representative in Canada stating that the repair has been carried out at the repair facility in accordance with the written specifications submitted by the owner of the container or the owner's representative in Canada. 11. Every owner of a container or his representative in Canada who has submitted a container to a repair facility for repair pursuant to section 9 shall keep for a period of at least two years a record of the repair specifications and of the statement issued under section 10. Authorized Organizations12. The Board may, on receipt of an application from an organization, other than an organization that is engaged in container ownership, leasing, repair, maintenance or manufacture, authorize the organization to carry out the testing, inspection and approval of containers for the purposes of the Convention, Annex I and Annex II. 13. (1) Where an organization referred to in section 12 makes an application pursuant to that section, it shall give to the Board the following information:
(2) The organization shall advise the Board should there at any time be any change to the information previously submitted in accordance with paragraph (1)(a) or (b). 14. (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. 15. 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. 16. 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. Revocation of Authorization17. (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
Detention18. (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. 19. 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). 20. (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. Inquiries21. Where an accident or incident referred to in subsection 9(1) of the Act involves
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 Containers22. 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. Established bySOR/82-1038 19 November, 1982 pursuant to subsection 3(1) of the Safe Containers Convention Act. amended by PLEASE NOTE THAT THE SAFE CONTAINERS CONVENTION ACT IS NOW CHAPTER S-1 OF THE REVISED STATUTES OF CANADA, 1985. SOR/93-251 11 May, 1993 pursuant to subsection 3(1) of the Safe Containers Convention Act Section 8 preceding paragraph (a) of the french version; section 9 of the french version; paragraph 10(b); and section 13 by adding subsection 13(2). SOR/94-374 26 May, 1994 pursuant to subsection 3(1) of the Safe Containers Convention Act The definition "approved repair facility" in section 2 is revoked; the definition "Board" in section 2; subsection 4(2) is revoked; paragraph 6(1)(f); paragraph 8(b); section 10; section 12; subparagraph 13(1) after subparagraph (a)(x); subsection 13(2) is replaced; section 16; subsection 17(1); subsection 18(2) and (3); subsection 20(2); and the expression "approved repair facility" is replaced with the expression "repair facility". |
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