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The Dangerous Goods Handling and Transportation Amendment Act

S.M. 1989-90, c. 37

Bill 82, 2nd Session, 34th Legislature

The Dangerous Goods Handling and Transportation Amendment Act

(Assented to March 8, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

CCSM c. D12 amended

1           The Dangerous Goods Handling and Transportation Act is amended by this Act.

Section 1 amended

2           The definition of "environmental assessment and review process" in section 1 is amended by striking out "established by the Lieutenant Governor in Council" and substituting "set out in The Environment Act".

Section 31 repealed and substituted

3           Section 31 is repealed and the following is substituted:

Penalties

31          Every person who contravenes any provision of this Act or the regulations or fails to comply with any order, decision, instruction or directive of the minister, director, environment officer or inspector or with the terms and conditions of a licence or permit issued pursuant to this Act or the regulations, or an order of a judge made pursuant to section 32.3, is guilty of an offence.

Section 32 amended

4           Section 32 is amended by adding "or an order of a judge made pursuant to section 32.3," after "regulations,".

Sections 32.1 to 32.3 added

5           The following is added after section 32:

Penalties on individuals

32.1(1)     Subject to subsection (2), any person found guilty of an offence under this Act is liable

(a) for a first offence, to a fine of not more than $50,000. or to imprisonment for not more than six months, or to both; and

(b) for each subsequent offence, to a fine of not more than $100,000. or to imprisonment for not more than one year, or to both;

and in addition, where in the opinion of the judge the individual is unwilling or unable to remedy the situation or condition giving rise to the offence, the judge may suspend, or revoke all or part of the licences or permits that have been issued pursuant to this Act or the regulations and under which the individual operates, for such time as the judge deems fit; and the individual shall not thereafter continue to carry on any operation affected thereby until the licences, approvals or permits, as the case may be, are restored by the judge or by the minister.

Penalties on corporations

32.1(2)     Any corporation found guilty of an offence under this Act is liable

(a) for a first offence, to a fine of not more than $500,000.; and

(b) for each subsequent offence, to a fine of not more than $1,000,000.;

and in addition, where in the opinion of the judge the corporation is unwilling or unable to remedy the situation or condition giving rise to the offence, the judge may suspend or revoke all or part of the licences or permits that have been issued pursuant to this Act or the regulations and under which the corporation operates, for such time as the judge deems fit; and the corporation shall not thereafter continue to carry on any operation affected thereby until the licences, or permits, as the case may be, are restored by the judge or by the minister.

Judge may restore licence

32.2        Where a judge suspends or revokes a licence or permit in accordance with section 32.1, the judge or the minister shall restore the licence, or permit upon receipt of satisfactory evidence that the condition or situation giving rise to the offence has been rectified.

Other penalties

32.3        A judge may, in addition to a fine or other penalty, require the convicted person to do any or all of the following things:

(a) take such action as may be necessary to refrain from committing any further offence under this Act, or from causing further environmental damage;

(b) take such action as may be necessary to clean or restore the environment from damage caused by the offence;

(c) pay such damages or make restitution to any person who suffered damages by the offence as the judge may deem appropriate;

(d) pay such additional fine in an amount no greater than the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, notwithstanding any maximum fine elsewhere provided.

Coming into force

6           This Act comes into force on a day fixed by proclamation.