Safe Containers Convention Regulations

Regulations Respecting the Implementation of the International Convention for Safe Containers Whereas a copy of the proposed Regulations respecting the Implementation of the International Convention for Safe Containers, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on January 23, 1982 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto. Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 3(1) of the Safe Containers Convention Act, is pleased hereby to make the annexed Regulations respecting the implementation of the International Convention for Safe Containers. These Regulations may be cited as the Safe Containers Convention Regulations. In these Regulations, Act means the Safe Containers Convention Act; (Loi) Annex I or Annex II means Annex I or Annex II of the Convention; (Annexe I or Annexe II) approved repair facility[Revoked, SOR/94-374, s. 7] authorized organization means an organization authorized under section 12; (organisation autorisée) Board means The Board of Steamship Inspection referred to in section 304 of the Canada Shipping Act; (Bureau) Convention means the International Convention for Safe Containers (CSC) set out in the schedule to the Act; (Convention) and other words and expressions used in these Regulations have the same meaning as in the Convention or Annex I or Annex II. These Regulations apply to new and existing containers used in international transport, except those containers specially designed for air transport. 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. [Revoked, SOR/94-374, s. 7] For the purposes of subsection (1), a container may be approved by the Government of a State, other than Canada, that is a party to the Convention; an organization authorized by a government, other than the Government of Canada, that is a party to the Convention; the Board; or an authorized organization. The owner of every container shall ensure that it is maintained in a safe condition. The owner of every approved container shall ensure that it is examined in accordance with Annex I. 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: the number and type of containers owned; the date of manufacture of the containers that are to be examined; the trade in which the containers that are to be examined are engaged; the name of the person who will be carrying out the examinations and his relevant experience; the examination procedure to be used; the maximum proposed period between two consecutive examinations, which period shall not exceed 30 months; the method to be used to mark the date by which the next examination shall be carried out; and any other information that the Board may request to enable it to decide whether to give its approval to the proposed procedure. Where, with respect to a submission for approval of a proposed procedure under this section, the Board approves the proposed procedure, it shall give its approval in writing to the owner of the container; or refuses to approve the proposed procedure, it shall give the reasons for its refusal in writing to the owner of the container. 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. 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. 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 withdraw it immediately from service and ensure that it is restored to a safe condition before it continues in service; or arrange for its further transportation after appropriate means have been taken to protect the structural integrity of the container. 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 thereof or his representative in Canada shall submit the container to a repair facility along with specifications in writing for such repair. 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. 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. 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. Where an organization referred to in section 12 makes an application pursuant to that section, it shall give to the Board the following information: in the case of the testing, inspection and approval of containers, the name and description of the organization, a description of the geographical area covered by it, a description of the capability it has to perform the functions described in section 12, a description of the technical personnel directly responsible for performing the functions described in section 12, including the names and qualifications of such personnel, and a statement whether the employment is on a full time or part time basis, the number of containers to be tested in a series, the number and frequency of inspections to be carried out, the methods to be used to evaluate the capability of the work force of a manufacturer, the methods to be used to ensure production control, the type of testing equipment to be employed, a list of data that an owner may be required to submit, and the guidelines to be used in the evaluation of the applications for approval; and any other information that is related to the approval of containers. 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). No organization shall be authorized by the Board under section 12 unless it carries on business in Canada. 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. 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. Where the Board proposes to revoke an authorization under subsection (1), it shall give notice to the authorized organization referred to in that subsection of its intention and the reasons for the revocation; and afford the authorized organization a reasonable opportunity of being heard. An inspector may detain a container that does not carry a valid Safety Approval Plate as required by these Regulations. 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. 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. 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. 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). 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. 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. Where an accident or incident referred to in subsection 9(1) of the Act involves 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 property under the control of the Minister of National Defence, or 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. 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.