CNLR 4/96 - Dangerous Goods Ticket Offences Regulations under the Dangerous Goods Transportation Act

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 1. Short title 2. Definitions 3. Ticketable offence 4. Penalty for offence described 5. Penalty for offence not described 6. Repeal Schedule Short title 1. These regulations may be cited as the Dangerous Goods Ticket Offences Regulations. 216/91 s1 Back to Top 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 Back to Top 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 Back to Top 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 Back to Top 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 Back to Top Repeal 6. The Dangerous Goods (Ticket Offences) Regulations, 1991, Newfoundland Regulation 216/91, are repealed. Back to Top 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