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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 4/96

Dangerous Goods Ticket Offences Regulations
under the
Dangerous Goods Transportation Act
(O.C. 96-207)

Amended by:

58/02

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 4/96

Dangerous Goods Ticket Offences Regulations
under the
Dangerous Goods Transportation Act
(O.C. 96-207)

Under the authority of section 22 of the Dangerous Goods Transportation Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Dangerous Goods Ticket Offences Regulations.

216/91 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Dangerous Goods Transportation Act ;

             (b)  "Federal Regulations" means the English version, exclusive of Parts 10, 11, 12, 13, 14, 15 and 16 and of the provisions dealing with radioactive materials, of the Dangerous Goods Regulations made under the Transportation of Dangerous Goods Act (Canada), adopted under the Act; and

             (c)  "subsequent conviction" means a conviction for an offence which is imposed within 2 years of the date of the last previous conviction for an offence in the same part of the Federal Regulations or where an offence is listed in the Schedule to these regulations in the same part of that Schedule.

216/91 s2; 58/02 s1

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Ticketable offence

        3. Violation of a regulation or federal regulation listed in the Schedule is designated under subsection 6(3) and paragraph 22(1)(p) of the Act as an offence for which a ticket may be issued under the Provincial Offences Act .

159/92 s1; 58/02 s2

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Penalty for offence described

        4. A person convicted of an offence under a regulation or federal regulation listed in the Schedule is liable

             (a)  on the first conviction, to a fine of not more than the maximum nor less than the minimum amount prescribed for the offence in the Schedule or in default of payment of the fine, to imprisonment for a term of not more than the maximum nor less than the minimum term prescribed for the offence in the Schedule; and

             (b)  on each subsequent conviction, to a fine of not more than or less than 1 1/2 times the maximum and minimum amounts prescribed for the offence in the Schedule or in default of payment of the fine, to imprisonment for a term of not more than or less than 1 1/2 times the maximum and minimum terms prescribed for the offence in the Schedule.

216/91 s4

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Penalty for offence not described

        5. A person convicted of an offence under a regulation or federal regulation not listed in the Schedule and for which no other penalty is prescribed is liable on summary conviction

             (a)  on the first conviction, to a fine of not more than $600 and not less than $200 or in default of payment of the fine, to imprisonment for a term of not more than 30 days nor less than 5 days; and

             (b)  on each subsequent conviction, to a fine of not more than $1,000 and not less than $600 or in default of the fine, to imprisonment for a term of not more than 50 days nor less than 15 days.

216/91 s5

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Repeal

        6. The Dangerous Goods (Ticket Offences) Regulations, 1991, Newfoundland Regulation 216/91, are repealed.

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Schedule

PART A

 

 

 

Penalty

Section, subsection or paragraph

Regulations

Offence

A fine of not more nor less than the dollar amounts specified

In default of payment of the fine, imprisonment for no longer or shorter than time specified

 

 

 

Max.

Min.

Max.

Min.

1.8(a)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport explosives improperly

1,000

600

50 days

15 days

1.8(b)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport explosives that are also radioactive materials

1,000

600

50 days

15 days

2.2(1)

Transportation of Dangerous Goods Regulations (Canada)

Offer for transport dangerous goods not classified as prescribed

1,000

600

50 days

15 days

1.7(c)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport dangerous goods without proper safety marks

1,000

600

50 days

15 days


1.7(c)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport dangerous goods not complying with safety standards

1,000

600

50 days

15 days

1.7(a)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport dangerous goods not complying with safety requirements

1,000

600

50 days

15 days

8.1(1)

Transportation of Dangerous Goods Regulations (Canada)

Fail to notify appropriate people and authorities in the required time of dangerous goods occurrence

1,000

600

50 days

15 days

 

PART B

 

 

 

Penalty

Section, subsection or paragraph

Regulations

Offence

A fine of not more nor less than the dollar amounts specified

In default of payment of the fine, imprisonment for no longer or shorter than time specified

 

 

 

Max.

Min.

Max.

Min.

3.1

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport dangerous goods improperly documented as prescribed under consignor responsibility

700

400

35 days

10 days


3.2

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport, transport or import dangerous goods improperly documented as prescribed under carrier responsibility

700

400

35 days

10 days

6.1(1)(a)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport dangerous goods while untrained

700

400

35 days

10 days

6.1(1)(b)

Transportation of Dangerous Goods Regulations (Canada)

Handle, offer for transport or transport dangerous goods while not directly supervised by a trained person

700

400

35 days

10 days


8.3(2)

Transportation of Dangerous Goods Regulations (Canada)

Fail to provide required information within 30 days of incident

700

400

35 days

10 days


PART C

 

 

 

Penalty

Section, subsection or paragraph

Regulations

Offence

A fine of not more nor less than the dollar amounts specified

In default of payment of the fine, imprisonment for no longer or shorter than time specified

 

 

 

Max.

Min.

Max.

Min.

2.2

Transportation of Dangerous Goods Regulations (Canada)

Fail to classify dangerous goods as prescribed

500

300

25 days

7 days


4.5(1)

Transportation of Dangerous Goods Regulations (Canada)

Failure by a carrier to ensure that the proper safety marks remain displayed on dangerous goods.

500

300

25 days

7 days

9.1

Transportation of Dangerous Goods Regulations (Canada)

Transport dangerous goods without proper safety marks, documentation or classification where shipment originates in the U.S.A.

500

300

25 days

7 days


PART D

 

 

 

Penalty

Section, subsection or paragraph

Regulations

Offence

A fine of not more nor less than the dollar amounts specified

In default of payment of the fine, imprisonment for no longer or shorter than time specified

 

 

 

Max.

Min.

Max.

Min.

2.2(5)

Transportation of Dangerous Goods Regulations (Canada)

Failure of a consignor to correct a classification error

300

200

15 days

5 days

2.2(6)

Transportation of Dangerous Goods Regulations (Canada)

Failure of a carrier to correct a classification error

300

200

15 days

5 days

5.4

Transportation of Dangerous Goods Regulations (Canada)

Fail to securely stow dangerous goods for transport

300

200

15 days

5 days


6.2

Transportation of Dangerous Goods Regulations (Canada)

Training not directly related to one or more of the prescribed topics

300

200

15 days

5 days

6.6

Transportation of Dangerous Goods Regulations (Canada)

Fail to retain copy of certificate of training

150

100

6 days

2 days

6.8

Transportation of Dangerous Goods Regulations (Canada)

Fail to produce a training certificate upon request by an inspector

300

200

15 days

5 days

8.1(4)

Transportation of Dangerous Goods Regulations (Canada)

Failure to report an accidental release, a dangerous goods accident or a dangerous goods incident

300

200

15 days

5 days

58/02 s3