GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Safe Containers Convention Act — S-1 12
Negative resolution of Parliament 12 When each House of Parliament enacts rules whereby any order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, subsections 8(2) to (4) and sections 9 to 11 are thereupon repealed and an order made thereafter under subsection 8(1) is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act . 1980-81-82-83, c. 9, s. 8
Safe Containers Convention Act — S-1 13
Minister may direct inquiry 13 (1) Where an accident or incident involving a container has resulted in death or injury to any person, danger to the health or safety of the public or damage to property or the environment, the Minister may direct an inquiry to be made into that accident or incident, subject to the Canadian Transportation Accident Investigation and Safety Board Act , and may, subject to regulations made under paragraph 3(1)(f), authorize any person or persons that the Minister deems qualified to conduct the inquiry. Powers of persons conducting inquiries (2) For the purposes of an inquiry under subsection (1), any person or persons authorized by the Minister under that subsection have all the powers of a person appointed as a commissioner under Part I of the Inquiries Act . Report (3) As soon as possible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report with recommendations to the Minister, together with all the evidence and other material that was before the inquiry. Publication (4) Subject to subsection (5), a report made pursuant to subsection (3) shall be published by the Minister within thirty days after he has received it, unless the report contains a recommendation that publication be withheld in the public interest, in which case the Minister may withhold publication of the report in whole or in part as he deems appropriate. Where second Minister must consent to publication (5) Where, pursuant to regulations made under paragraph 3(1)(f), the concurrence of a second Minister was obtained in relation to the choice of the person or persons to be authorized to conduct an inquiry under subsection (1), the report made pursuant to subsection (3), or any portion thereof, shall not be published unless that second Minister consents to publication. Copies of report (6) The Minister may supply copies of a report published pursuant to subsection (4) or (5) in such manner and on such terms as he deems proper. (7) [Repealed, 1989, c. 3, s. 52] R.S., 1985, c. S-1, s. 13; 1989, c. 3, s. 52
Safe Containers Convention Act — S-1 14
Duration of Act 14 This Act shall continue in force until a day fixed by proclamation following termination of the Convention or denunciation thereof by Canada, and no longer. 1980-81-82-83, c. 9, s. 10
Safe Containers Convention Act — S-1
RECOGNIZING the need to maintain a high level of safety of human life in the handling, stacking and transporting of containers,
Safe Containers Convention Act — S-1
MINDFUL of the need to facilitate international container transport,
Safe Containers Convention Act — S-1
RECOGNIZING, in this context, the advantages of formalizing common international safety requirements,
Safe Containers Convention Act — S-1
CONSIDERING that this end may best be achieved by the conclusion of a Convention,
Safe Containers Convention Act — S-1
HAVE DECIDED to formalize structural requirements to ensure safety in the handling, stacking and transporting of containers in the course of normal operations, and to this end
Safe Containers Convention Act — S-1
The Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.
Safe Containers Convention Act — S-1
For the purpose of the present Convention, unless expressly provided otherwise:
Safe Containers Convention Act — S-1 1
1 Container means an article of transport equipment: (a) of a permanent character and accordingly strong enough to be suitable for repeated use; (b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading; (c) designed to be secured and/or readily handled, having corner fittings for these purposes; (d) of a size such that the area enclosed by the four outer bottom corners is either: (i) at least 14 sq.m. (150 sq.ft.) or (ii) at least 7 sq.m. (75 sq.ft.) if it is fitted with top corner fittings; the term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.
Safe Containers Convention Act — S-1 (a)
(a) of a permanent character and accordingly strong enough to be suitable for repeated use;
Safe Containers Convention Act — S-1 (b)
(b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading;
Safe Containers Convention Act — S-1 (c)
(c) designed to be secured and/or readily handled, having corner fittings for these purposes;
Safe Containers Convention Act — S-1 (d)
(d) of a size such that the area enclosed by the four outer bottom corners is either: (i) at least 14 sq.m. (150 sq.ft.) or (ii) at least 7 sq.m. (75 sq.ft.) if it is fitted with top corner fittings; the term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.
Safe Containers Convention Act — S-1 (ii)
(ii) at least 7 sq.m. (75 sq.ft.) if it is fitted with top corner fittings; the term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.
Safe Containers Convention Act — S-1
the term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.
Safe Containers Convention Act — S-1 2
2 Corner fittings means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.
Safe Containers Convention Act — S-1 3
3 Administration means the Government of a Contracting Party under whose authority containers are approved.
Safe Containers Convention Act — S-1 4
4 Approved means approved by the Administration.
Safe Containers Convention Act — S-1 5
5 Approval means the decision by an Administration that a design type or a container is safe within the terms of the present Convention.
Safe Containers Convention Act — S-1 6
6 International transport means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.
Safe Containers Convention Act — S-1 7
7 Cargo means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.
Safe Containers Convention Act — S-1 8
8 New container means a container the construction of which was commenced on or after the date of entry into force of the present Convention.
Safe Containers Convention Act — S-1 9
9 Existing container means a container which is not a new container.
Safe Containers Convention Act — S-1 10
10 Owner means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner’s responsibility for maintenance and examination of the container by such lessee or bailee.
Safe Containers Convention Act — S-1 11
11 Type of container means the design type approved by the Administration.
Safe Containers Convention Act — S-1 12
12 Type-series container means any container manufactured in accordance with the approved design type.
Safe Containers Convention Act — S-1 13
13 Prototype means a container representative of those manufactured or to be manufactured in a design type series.
Safe Containers Convention Act — S-1 14
14 Maximum Operating Gross Weight or Rating or R means the maximum allowable combined weight of the container and its cargo.
Safe Containers Convention Act — S-1 15
15 Tare Weight means the weight of the empty container including permanently affixed ancillary equipment.
Safe Containers Convention Act — S-1 16
16 Maximum Permissible Payload or P means the difference between maximum operating gross weight or rating and tare weight.
Safe Containers Convention Act — S-1 1
1 The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.
Safe Containers Convention Act — S-1 2
2 Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I.
Safe Containers Convention Act — S-1 3
3 Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within 5 years from the date of entry into force of the present Convention.
Safe Containers Convention Act — S-1 1
1 For the enforcement of the provisions in Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided however that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.
Safe Containers Convention Act — S-1 2
2 An Administration which entrusts such testing, inspection and approval to an organization shall inform the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) for communication to Contracting Parties.
Safe Containers Convention Act — S-1 3
3 Application for approval may be made to the Administration of any Contracting Party.
Safe Containers Convention Act — S-1 4
4 Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.
Safe Containers Convention Act — S-1 5
5 If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.
Safe Containers Convention Act — S-1 1
1 Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.
Safe Containers Convention Act — S-1 2
2 A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided however that nothing in the present Convention shall preclude the application of provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term “dangerous goods” shall have that meaning assigned to it by international agreements.
Safe Containers Convention Act — S-1 1
1 Every container which has been approved under article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.
Safe Containers Convention Act — S-1 2
2 Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.
Safe Containers Convention Act — S-1 1
1 The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United Nations or Members of any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.
Safe Containers Convention Act — S-1 2
2 The present Convention is subject to ratification, acceptance or approval by States which have signed it.
Safe Containers Convention Act — S-1 3
3 The present Convention shall remain open for accession by any State referred to in paragraph 1.
Safe Containers Convention Act — S-1 4
4 Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the Organization (hereinafter referred to as “the Secretary-General”).
Safe Containers Convention Act — S-1 1
1 The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.
Safe Containers Convention Act — S-1 2
2 For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.
Safe Containers Convention Act — S-1 3
3 Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intention by that State, (a) be considered as a Party to the Convention as amended; and (b) be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.
Safe Containers Convention Act — S-1 (a)
(a) be considered as a Party to the Convention as amended; and
Safe Containers Convention Act — S-1 (b)
(b) be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.
Safe Containers Convention Act — S-1 1
1 The present Convention may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article.
Safe Containers Convention Act — S-1 2
2 Amendment after consideration in the Organization: (a) Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly. (b) If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance. (c) Such amendment shall come into force twelve months after the date on which it is accepted by two-thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.
Safe Containers Convention Act — S-1 (a)
(a) Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly.
Safe Containers Convention Act — S-1 (b)
(b) If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.
Safe Containers Convention Act — S-1 (c)
(c) Such amendment shall come into force twelve months after the date on which it is accepted by two-thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.
Safe Containers Convention Act — S-1
Upon the request of a Contracting Party, concurred in by at least one-third of the Contracting Parties, a Conference to which the States referred to in article VII shall be invited will be convened by the Secretary-General.
Safe Containers Convention Act — S-1 1
1 Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.
Safe Containers Convention Act — S-1 2
2 If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.
Safe Containers Convention Act — S-1 3
3 Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one-fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.
Safe Containers Convention Act — S-1 4
4 On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; an objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies.
Safe Containers Convention Act — S-1 5
5 The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this article and the date on which any amendment enters into force.
Safe Containers Convention Act — S-1 6
6 Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a Conference to which the States referred to in article VII shall be invited. Upon receipt of notification of concurrence by at least one-third of the other Contracting Parties such a Conference shall be convened by the Secretary-General to consider amendments to the Annexes.
Safe Containers Convention Act — S-1 1
1 Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary-General. The denunciation shall take effect one year from the date of such deposit with the Secretary-General.
Safe Containers Convention Act — S-1 2
2 A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment.
Safe Containers Convention Act — S-1
The present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months.
Safe Containers Convention Act — S-1 1
1 Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be the Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.
Safe Containers Convention Act — S-1 2
2 The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute.
Safe Containers Convention Act — S-1 3
3 The arbitration tribunal shall determine its own rules of procedure.
Safe Containers Convention Act — S-1 4
4 Decisions of the arbitration tribunal, both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote.
Safe Containers Convention Act — S-1 5
5 Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award.
Safe Containers Convention Act — S-1 1
1 Reservations to the present Convention shall be permitted, excepting those relating to the provisions of articles I — VI, XIII, the present article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in article VII.
Safe Containers Convention Act — S-1 2
2 Any reservations made in accordance with paragraph 1: (a) modifies for the Contracting Party which made the reservation the provisions of the present Convention to which the reservation relates to the extent of the reservation; and (b) modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.
Safe Containers Convention Act — S-1 (a)
(a) modifies for the Contracting Party which made the reservation the provisions of the present Convention to which the reservation relates to the extent of the reservation; and
Safe Containers Convention Act — S-1 (b)
(b) modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.
Safe Containers Convention Act — S-1 3
3 Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General.