? SHORT TITLE
? INTERPRETATION
? REGULATIONS
? ENFORCEMENT
? OFFENCE AND PUNISHMENT
? AMENDMENT OF SCHEDULE
? INQUIRIES
? DURATION OF ACT
? SCHEDULE
? ANNEX I
? APPENDIX
? ANNEX II
? Established by
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An Act to Implement the International Convention for Safe Containers
SHORT TITLE
Short Title
1. This Act may be cited as the Safe Containers Convention Act.
INTERPRETATION
Definitions
2. In this Act，
"Container"
?Conteneur?
"Container" means a container as defined in the Convention and to which theConvention applies;
"Convention"
?Convention?
"Convention" means the International Convention for Safe Containers set out inthe schedule;
"inspector"
?inspecteur?
"inspector" means a person designated as an inspector pursuant to section 4;
"Minister"
?ministre?
"Minister" means the Minister of Transport.
REGULATIONS
Regulations
3. (1) Subject to subsection (2)， the Governor in Council may make regulationsfor carrying out and giving effect to the provisions of the Convention， and，without restricting the generality of the foregoing， may make regulations
(a) for the detention and transportation of containers that do not carry a validSafety Approval Plate as required by the Convention;
(b) for the detention and transportation of containers in respect of which thereis significant evidence that the condition of the container creates an obviousrisk to safety;
(c) respecting the maintenance and repairing of containers;
(d) describing the circumstances and the manner in which the Minister maydispose of detained containers that have not been repossessed by the personentailed thereto;
(e) requiring that the Safety Approval Plate affixed to any or all containersapproved under the authority of the Government of Canada be in both English andFrench; and
(f) describing the circumstances in which the Minister must obtain theconcurrence of another specified Minister in the choice of the person or personsto be authorized to conduct an inquiry under subsection 13 (1).
Limitations
(2) No regulation made under subsection (1) may
(a) authorize any person to prevent the removal of the contents of a container;or
(b) authorize the continued detention of a container after its contents havebeen removed， except where an inspector believes on reasonable grounds thatthere is about to be a contravention of a regulation respecting thetransportation of containers made under paragraph (1)(a) or (b).
Proposed Regulations to be published
(3) Subject to subsection (4)， a copy of each regulation that the Governor inCouncil proposes to make under subsection (1) shall be published in the CanadaGazette and a reasonable opportunity shall be afforded to interested persons tomake representations to the Minister with respect thereto.
Exceptions
(4) Subsection (3) does not apply in respect of a proposed regulation that
(a) has previously been published pursuant to that subsection and has beenchanged as a result of representations made pursuant to that subsection; or
(b) makes no material substantive change in an existing regulation.
ENFORCEMENT
Inspectors
4. (1) The Minister may designate as an inspector for the purposes of this Actand the regulations any person who， in the Minister's opinion， is qualified tobe so designated.
Certificate to be produced
(2) The Minister shall furnish every inspector with a certificate of hisdesignation as an inspector setting out the provisions of this Act， theregulations， the Convention and Annexes I and II to the Convention that theinspector is authorized to enforce， and， on boarding any vehicle or entering anyplace described in subsection 5(1)， an inspector shall， if so required， producethe certificate to the person in charge thereof.
Powers of inspectors
5.(1) In addition to any powers that he may have pursuant to the regulations， aninspector may at any reasonable time
(a) go on board any vehicle， including a ship， train， truck， or aircraft， orenter any place in which he believes on reasonable grounds that
(i) there is significant evidence that the condition of a container creates anobvious risk to safety， or
(ii) a provision of this Act or the regulations has been contravened;
(b) go on board any vehicle， including a ship， train， truck， or aircraft， orenter any place in which he believes on reasonable grounds there is a container，for the purpose of verifying that the container carries a valid Safety ApprovalPlate as required by the Convention; and
(c) examine any record or document required under the regulations to be kept，and make copies thereof or extracts therefrom.
Assistance to inspectors
(2) The owner or person in charge of any vehicle boarded or place entered by aninspector pursuant to subsection (1) and every person found therein shall givethe inspector all reasonable assistance to enable the inspector to carry out hisduties and functions under this Act and the regulations and shall furnish theinspector with any information he may reasonably require with respect to theadministration of this Act and the regulations.
Obstruction of inspectors
6. (1) No person shall obstruct or hinder an inspector in carrying out hisduties or functions under this Act or the regulations.
False statements
(2) No person shall knowingly make any false or misleading statement， eitherorally or in writing， to an inspector engaged in carrying out his duties orfunctions under this Act or the regulations.
Removal， etc.， of detained containers
(3) Unless authorized by an inspector， no person shall remove or interfere inany way with a container detained by an inspector pursuant to the regulations.
OFFENCE AND PUNISHMENT
Contravention of Act or regulations
7. (1) Every person who contravenes a provision of this Act or the regulationsis guilty of an offence and liable on summary conviction to a fine not exceedingfive thousand dollars.
Jurisdiction in case of offences
(2) A court has jurisdiction over an offence under this Act or the regulationsif
(a) the offence was committed in the territorial jurisdiction of that court; or
(b) the accused is found or carries on business in the territorial jurisdictionof that court.
Idem
(3) Notwithstanding that an offence under this Act or the regulations wascommitted entirely in one province， the courts of another province havejurisdiction over that offence if the accused is found or carries on business inthat other province.
Jurisdiction is additional
(4) The jurisdiction conferred under subsections (2) and (3) is in addition toand not in derogation of any jurisdiction conferred under the Criminal Code.
AMENDMENT OF SCHEDULE
Amendment of schedule
8. (1) Subject to this section and sections 9 to 12， the Governor in Council mayby order amend the schedule to reflect any amendment to the Annexes to theConvention to which Canada has not objected as provided in the Convention
Tabling Order
(2) An order under subsection (1) shall be laid before Parliament not later thanthe tenth sitting day of Parliament after it is issued.
Coming into force of order
(3) An order referred to in subsection (2) shall come into force on the later of
(a) the thirtieth sitting day of Parliament after it has been laid beforeParliament pursuant to that subsection， and
(b) the day provided in the order
unless， before the twentieth sitting day of Parliament after the order has beenlaid before Parliament， a motion for the consideration of either House， to theeffect that the order be revoked， signed by not less than fifty members of theHouse of Commons in the case of a motion for the consideration of that House andby not less than twenty members of the Senate in the case of a motion for theconsideration of the Senate， is filed with the Speaker of the appropriate House.
Definition of "sitting day of Parliament"
(4) For the purposes of subsections (2) and (3)， a "sitting day of Parliament"means a day on which either House of Parliament sits.
Consideration of motion
9. (1) Where a motion for the consideration of the House of Commons or Senate isfiled as provided in subsection 8(3) with respect to a particular order referredto in subsection 8(2)， that House shall， not later than the sixth sitting day ofthat House following the filing of the motion， take up and consider the motion，unless a motion to the like effect has earlier been taken up and considered inthe other House.
Time for disposition of motion
(2) A motion taken up and considered in accordance with subsection (1) shall bedebated without interruption for not more than five hours and， on the conclusionof the debate or at the expiration of the fifth hour， the Speaker of the Houseof Commons or the Senate， as the case may be， shall forthwith put， withoutfurther debate or amendment， every question necessary for the disposal of themotion.
Procedure on adoption of motion
(3) If a motion taken up and considered in accordance with subsection (1) isadopted， with or without amendments， a message shall be sent from the Houseadopting the motion informing the other House that the motion has been soadopted and requesting that the motion be concurred in by that other House.
Procedure in other House
10. Within the first fifteen days next after receipt by it of a request pursuantto subsection 9(3) that the House receiving the request is sitting， that Houseshall take up and consider the motion that is the subject of the request， andall questions in connection therewith shall be debated without interruption fornot more than five hours and， on the conclusion of the debate or at theexpiration of the fifth hour， the Speaker of the House of Commons or the Senate，as the case may be， shall forthwith put， without further debate or amendment，every question necessary to determine whether or not the motion in question isconcurred in.
Where motion adopted and concurred in
11. (1) Where a motion taken up and considered in accordance with subsection9(1) or section 10 is adopted， with or without amendments， by the House in whichit was introduced and is concurred in by the other House， the particular orderto which the motion relates shall stand revoked but without prejudice to themaking of a further order of a like nature to implement a subsequent amendmentto the Annexes to the Convention to which Canada has not objected as provided inthe Convention.
Where motion not adopted or not concurred in
(2) Where a motion taken up and considered in accordance with subsection 9(1) orsection 10 is not adopted by the House in which it was introduced or is adopted，with or without amendments， by that House but is not concurred in by the otherHouse， the particular order to which the motion relates comes into force
(a) immediately on the failure to adopt the motion or concur therein， as thecase may be， if no day is provided in the order; or
(b) on the day provided in the order.
Negative resolution of Parliament
12. When each House of Parliament enacts rules whereby any order made subject tonegative resolution of Parliament within the meaning of section 39 of theInterpretation Act may be made the subject of a resolution of both Houses ofParliament 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 ordermade thereafter under subsection 8(1) is an order made subject to negativeresolution of Parliament within the meaning of section 39 of the InterpretationAct.
INQUIRIES
Minister may direct inquiry
13. (1) Where an accident or incident involving a container has resulted indeath or injury to any person， danger to the health or safety of the public ordamage to property or the environment， the Minister may direct an inquiry to bemade into that accident or incident， subject to the Canadian TransportationAccident Investigation and Safety Board Act， and may， subject to regulationsmade under paragraph 3(1)(f)， authorize any person or persons that the Ministerdeems qualified to conduct the inquiry.
Powers of persons conducting inquiries
(2) For the purpose of an inquiry under subsection (1)， any person or personsauthorized by the Minister under that subsection have all the powers of a personappointed 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 reportwith recommendations to the Minister， together with all the evidence and othermaterial that was before the inquiry.
Publication
(4) Subject to subsection (5)， a report made pursuant to subsection (3) shall bepublished by the Minister within thirty days after he has received it， unlessthe report contains a recommendation that publication be withheld in the publicinterest， in which case the Minister may withhold publication of the report inwhole 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 concurrenceof a second Minister was obtained in relation to the choice of the person orpersons to be authorized to conduct an inquiry under subsection (1)， the reportmade pursuant to subsection (3)， or any portion thereof， shall not be publishedunless 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 a manner and on such terms as he deems proper.
DURATION OF ACT
Duration of Act
14. This Act shall continue in force until a day fixed by proclamation followingtermination of the Convention or denunciation thereof by Canada， and no longer.
SCHEDULE
(Sections 2)
INTERNATIONAL CONVENTION FOR SAFE
CONTAINERS (CSC)
Preamble
THE CONTRACTING PARTIES，
RECOGNIZING the need to maintain a high level of safety of human life in thehandling， stacking and transporting of containers，
MINDFUL of the need to facilitate international container transport，
RECOGNIZING， in this context， the advantages of formalizing common internationalsafety requirements，
CONSIDERING that this end may best be achieved by the conclusion of aConvention，
HAVE DECIDED to formalize structural requirements to ensure safety in thehandling， stacking and transporting of containers in the course of normaloperations， and to this end
HAVE AGREED as follows:
ARTICLE I
General Obligation under the Present Convention
The Contracting Parties undertake to give effect to the provisions of thepresent Convention and the Annexes hereto， which shall constitute an integralpart of the present Convention.
ARTICLE II
Definitions
For the purpose of the present Convention， unless expressly provided otherwise:
1. "Container" means an article of transport equipment:
(a) of a permanent character and accordingly strong enough to be suitable forrepeated use;
(b) specially designed to facilitate the transport of goods， by one or moremodes of transport， without intermediate reloading;
(c) designed to be secured and/or readily handled， having corner fittings forthese purposes;
(d) of a size such that the area enclosed by the four outer bottom corners iseither:
(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.
2. "Corner fittings" means an arrangement of apertures and faces at the topand/or bottom of a container for the purposes of handling， stacking and/orsecuring.
3. "Administration" means the Government of a Contracting Party under whoseauthority containers are approved.
4. "Approved" means approved by the Administration.
5. "Approval" means the decision by an Administration that a design type or acontainer is safe within the terms of the present Convention.
6. "International transport" means transport between points of departure anddestination situated in the territory of two countries to at least one of whichthe present Convention applies. The present Convention shall also apply whenpart of a transport operation between two countries takes place in the territoryof a country to which the present Convention applies.
7. "Cargo" means any goods， wares， merchandise and articles of every kindwhatsoever carried in the containers.
8. "New container" means a container the construction of which was commenced onor after the date of entry into force of the present Convention.
9. "Existing container" means a container which is not a new container.
10. "Owner" means the owner as provided for under the national law of theContracting Party or the lessee or bailee， if an agreement between the partiesprovides for the exercise of the owner's responsibility for maintenance andexamination of the container by such lessee or bailee.
11. "Type of Container" means the design type approved by the Administration.
12. "Type-series container" means any container manufactured in accordance withthe approved design type.
13. "Prototype" means a container representative of those manufactured or to bemanufactured in a design type series.
14. "Maximum Operating Gross Weight or Rating" or "R" means the maximumallowable combined weight of the container and its cargo.
15. "Tare Weight" means the weight of the empty container including permanentlyaffixed ancillary equipment.
16."Maximum Permissible Payload" or "P" means the difference between maximumoperating gross weight or rating and tare weight.
ARTICLE III
Application
1. The present Convention applies to new and existing containers used ininternational transport， excluding containers specially designed for airtransport.
2. Every new container shall be approved in accordance with the provisionseither for type-testing or for individual testing as contained in Annex I.
3. Every existing container shall be approved in accordance with the relevantprovisions for approval of existing containers set out in Annex I within 5 yearsfrom the date of entry into force of the present Convention.
ARTICLE IV
Testing， Inspection， Approval and Maintenance
1. For the enforcement of the provisions in Annex I every Administration shallestablish an effective procedure for the testing， inspection and approval ofcontainers in accordance with the criteria established in the presentConvention， provided however that an Administration may entrust such testing，inspection and approval to organizations duly authorized by it.
2. An Administration which entrusts such testing， inspection and approval to anorganization shall inform the Secretary-General of the Inter-GovernmentalMaritime Consultative Organization (hereinafter referred to as "theOrganization") for communication to Contracting Parties.
3. Application for approval may be made to the Administration of any ContractingParty.
4. Every container shall be maintained in a safe condition in accordance withthe provisions of Annex I.
5. If an approved container does not in fact comply with the requirements ofAnnexes I and II the Administration concerned shall take such steps as it deemsnecessary to bring the container into compliance with such requirements or towithdraw the approval.
ARTICLE V
Acceptance of Approval
1. Approval under the authority of a Contracting Party， granted under the termsof the present Convention， shall be accepted by the other Contracting Partiesfor all purposes covered by the present Convention. It shall be regarded by theother Contracting Parties as having the same force as an approval issued bythem.
2. A Contracting Party shall not impose any other structural safety requirementsor tests on containers covered by the present Convention， provided however thatnothing in the present Convention shall preclude the application of provisionsof national regulations or legislation or of international agreements，prescribing additional structural safety requirements or tests for containersspecially designed for the transport of dangerous goods， or for those featuresunique to containers carrying bulk liquids or for containers when carried byair. The term "dangerous goods" shall have that meaning assigned to it byinternational agreements.
ARTICLE VI
Control
1. Every container which has been approved under article III shall be subject tocontrol in the territory of the Contracting Parties by officers duly authorizedby such Contracting Parties. This control shall be limited to verifying that thecontainer carries a valid Safety Approval Plate as required by the presentConvention， unless there is significant evidence for believing that thecondition of the container is such as to create an obvious risk to safety. Inthat case the officer carrying out the control shall only exercise it in so faras it may be necessary to ensure that the container is restored to a safecondition before it continues in service.
2. Where the container appears to have become unsafe as a result of a defectwhich may have existed when the container was approved， the Administrationresponsible for that approval shall be informed by the Contracting Party whichdetected the defect.
ARTICLE VII
Signature， ratification， acceptance， approval and accession
1. The present Convention shall be open for signature until 15 January 1973 atthe Office of the United Nations at Geneva and subsequently from 1 February 1973until 31 December 1973 inclusive at the Headquarters of the Organization atLondon by all States Members of the United Nations or Members of any of theSpecialized Agencies or of the International Atomic Energy Agency or Parties tothe Statute of the International Court of Justice， and by any other Stateinvited by the General Assembly of the United Nations to become a Party of thepresent Convention.
2. The present Convention is subject to ratification， acceptance or approval byStates which have signed it.
3. The present Convention shall remain open for accession by any State referredto in paragraph 1.
4. Instruments of ratification， acceptance， approval or accession shall bedeposited with the Secretary-General of the Organization (hereinafter referredto as the "Secretary-General").
ARTICLE VIII
Entry into force
1. The present Convention shall enter into force twelve months from the date ofthe deposit of the tenth instrument of ratification， acceptance， approval oraccession.
2. For each State ratifying， accepting， approving， or acceding to the presentConvention after the deposit of the tenth instrument of ratification，acceptance， approval or accession， the present Convention shall enter into forcetwelve months after the date of the deposit by such State of its instrument ofratification， acceptance， approval or accession.
3. Any State which becomes a Party to the present Convention after the entryinto force of an amendment shall， failing an expression of a different intentionby 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 anyParty to the Convention not bound by the amendment.
ARTICLE IX
Procedure for amending any part or parts of the present convention
1. The present Convention may be amended upon the proposal of a ContractingParty by any of the procedures specified in this article.
2. Amendment after consideration in the Organization:
(a) Upon request of a Contracting Party， any amendment proposed by it to thepresent Convention shall be considered in the Organization. If adopted by amajority of two-thirds of those present and voting in the Maritime SafetyCommittee of the Organization， to which all Contracting Parties shall have beeninvited to participate and vote， such amendment shall be communicated to allMembers of the Organization and all Contracting Parties at least six monthsprior to its consideration by the Assembly of the Organization. Any ContractingParty which is not a Member of the Organization shall be entitled to participateand vote when the amendment is considered by the Assembly.
(b) If adopted by a two-thirds majority of those present and voting in theAssembly， and if such majority includes a two-thirds majority of the ContractingParties present and voting， the amendment shall be communicated by theSecretary-General to all Contracting Parties for their acceptance.
(c) Such amendment shall come into force twelve months after the date on whichit is accepted by two-thirds of the Contracting Parties. The amendment shallcome into force with respect to all Contracting Parties except those which，before it comes into force， make a declaration that they do not accept theamendment.
3. Amendment by a Conference:
Upon the request of a Contracting Party， concurred in by at least one-third ofthe Contracting Parties， a Conference to which the States referred to in articleVII shall be invited will be convened by the Secretary-General.
ARTICLE X
Special procedure for amending the Annexes
1. Any amendment to the Annexes proposed by a Contracting PArty shall beconsidered in the Organization at the request of that Party.
2. If adopted by a two-thirds majority of those present and voting in theMaritime Safety Committee of the Organization to which all Contracting Partiesshall have been invited to participate and to vote， and if such majorityincludes a two-thirds majority of the Contracting Parties present and voting，such amendment shall be communicated by the Secretary-General to all ContractingParties for their acceptance.
3. Such an amendment shall enter into force on a date to be determined by theMaritime Safety Committee at the time of its adoption unless， by a prior datedetermined by the Maritime Safety Committee at the same time， one-fifth or fiveof the Contracting Parties， whichever number is less， notify theSecretary-General of their objection to the amendment. Determination by theMaritime Safety Committee of the dates referred to in this paragraph shall be bya two-thirds majority of those present and voting， which majority shall includea two-thirds majority of the Contracting Parties present and voting.
4. On entry into force any amendment shall， for all Contracting Parties whichhave not objected to the amendment， replace and supersede any previous provisionto which the amendment refers; an objection made by a Contracting Party shallnot be binding on other Contracting Parties as to acceptance of containers towhich the present Convention applies.
5. The Secretary-General shall inform all Contracting Parties and Members of theOrganization of any request and communication under this article and the date onwhich any amendment enters into force.
6. Where a proposed amendment to the Annexes has been considered but not adoptedby the Maritime Safety Committee， any Contracting Party may request theconvening of a Conference to which the States referred to in article VII shallbe invited. Upon receipt of notification of concurrence by a least one-third ofthe other Contracting Parties such a Conference shall be convened by theSecretary-General to consider amendments to the Annexes.
ARTICLE XI
Denunciation
1. Any Contracting Party may denounce the present Convention by effecting thedeposit of an instrument with the Secretary-General. The denunciation shall takeeffect one year from the date of such deposit with the Secretary-General.
2. A Contracting Party which has communicated an objection to an amendment tothe Annexes may denounce the present Convention and such denunciation shall takeeffect on the date of entry into force of such an amendment.
ARTICLE XII
Termination
The present Convention shall cease to be in force if the number of ContractingParties is less than five for any period of twelve consecutive months.
ARTICLE XIII
Settlement of Disputes
1. Any dispute between two or more Contracting Parties concerning theinterpretation or application of the present Convention which cannot be settledby negotiation or other means of settlement shall， at the request of one ofthem， be referred to an arbitration tribunal composed as follows: each party tothe dispute shall appoint an arbitrator and these two arbitrators shall appointa third arbitrator， who shall be the Chairman. If， three months after receipt ofa request， one of the parties has failed to appoint an arbitrator or if thearbitrators have failed to elect the Chairman， any of the parties may requestthe Secretary-General to appoint an arbitrator or the Chairman of thearbitration tribunal.
2. The decision of the arbitration tribunal established under the provisions ofparagraph 1 shall be binding on the parties to the dispute.
3. The arbitration tribunal shall determine its own rules of procedure.
4. Decisions of the arbitration tribunal， both as to its procedure and its placeof meeting and as to any controversy laid before it， shall be taken by majorityvote.
5. Any controversy which may arise between the parties to the dispute as regardsthe interpretation and execution of the award may be submitted by any of theparties for judgement to the arbitration tribunal which made the award.
ARTICLE XIV
Reservations
1. Reservations to the present Convention shall be permitted， excepting thoserelating to the provisions of articles I-VI， XIII， the present article and theAnnexes， on condition that such reservations are communicated in writing and， ifcommunicated before the deposit of the instrument of ratification， acceptance，approval or accession， are confirmed in that instrument. The Secretary-Generalshall communicate such reservations to all States referred to in article VII.
2. Any reservations made in accordance with paragraph 1:
(a) modifies for the Contracting Party which made the reservation the provisionsof the present Convention to which the reservation relates to the extent of thereservation; and
(b) modifies those provisions to the same extent for the other ContractingParties in their relations with the Contracting Party which entered thereservation.
3. Any Contracting Party which has formulated a reservation under paragraph 1may withdraw it at any time by notification to the Secretary-General.
ARTICLE XV
Notification
In addition to the notifications and communications provided for in articles IX，X， and XIV， the Secretary-General shall notify all the States referred to inarticle VII of the following:
(a) signatures， ratifications， acceptances， approvals and accessions underarticle VII;
(b) the dates of entry into force of the present Convention in accordance witharticle VIII;
(c) the date of entry into force of amendments to the present Convention inaccordance with articles IX and X;
(d) denunciations under article XI;
(e) the termination of the present Convention under article XII.
ARTICLE XVI
Authentic texts
The original of the present Convention， of which the Chinese， English， French，Russian and Spanish texts are equally authentic， shall be deposited with theSecretary-General， who shall communicate certified true copies to all Statesreferred to in article VII.
IN WITNESS WHEREOF the undersigned Plenipotentiaries， being duly authorizedthereto by their respective Governments， have signed the present Convention.
DONE at Geneva this second day of December， one thousand nine hundred andseventy-two.
ANNEX I
REGULATIONS FOR THE TESTING， INSPECTION，
APPROVAL AND MAINTENANCE OF CONTAINERS
CHAPTER I-REGULATIONS COMMON TO ALL
SYSTEMS OF APPROVAL
Regulation 1
Safety Approval Plate
1. (a) A Safety Approval Plate conforming to the specifications set out in theAppendix of this Annex shall be permanently affixed to every approved containerat a readily visible place， adjacent to any other approval plate issued forofficial purposes， where it would not be easily damaged.
(b) On each container for which the construction is commenced on or afterJanuary 1， 1984 all maximum gross weight markings on the container shall beconsistent with the maximum gross weight information on the Safety ApprovalPlate.
(c) On each container for which the construction was commenced before January 1，1984 all maximum gross weight markings on the container shall be made consistentwith the maximum gross weight information of the Safety Approval Plate not laterthan January 1， 1989.
2. (a) The Plate shall contain the following information in at least the Englishor French language:
"CSC SAFETY APPROVAL"
Country of approval and approval reference
Date (month and year) of manufacture
Manufacturer's identification number of the container or， in the case ofexisting containers for which that number is unknown， the number allotted by theAdministration
Maximum operating gross weight (kilograms and lbs.)
Allowable stacking weight for 1.8 g (kilograms and lbs.)
Transverse racking test load value (kilograms and lbs.)
(b) a blank space should be reserved on the Plate for insertion of end-walland/or side-wall strength values (factors) in accordance with paragraph 3 ofthis Regulation and Annex II， tests 6 and 7. A blank space should also bereserved on Plate for the first and subsequent maintenance examination dates(month and year) when used.
3. Where the Administration considers that a new container satisfies therequirements of the present Convention in respect of safety and if， for suchcontainer， the end-wall and/or side-wall strength values (factor) are designedto be greater or less than those stipulated in Annex II， such values shall beindicated on the Safety Approval Plate.
4. The presence of the Safety Approval Plate does not remove the necessity ofdisplaying such labels or other information as may be required by otherregulations which may be in force.
Regulation 2
Maintenance and Examination
1. The owner of the container shall be responsible for maintaining it in safecondition.
2. (a) The owner of an approved container shall examine the container or have itexamined in accordance with the procedure either prescribed or approved by theContracting Party concerned， at intervals appropriate to operating conditions.
b) The date (month and year) before which a new container shall undergo itsfirst examination shall be marked on the Safety Approval Plate.
c) The date (month and year) before which the container shall be re-examinedshall be clearly marked on the container on or as close as practicable to theSafety Approval Plate and in a manner acceptable to that Contracting Party whichprescribed or approved the particular examination procedure involved.
d) The interval from the date of manufacture to the date of the firstexamination shall not exceed five years. Subsequent examination of newcontainers and re-examination of existing containers shall be at intervals ofnot more than 30 months. All examinations shall determine whether the containerhas any defects which could place any person in danger. As a transitionalprovision， any requirements for marking on containers the date of the firstexamination of new containers or the re-examination of new containers covered inRegulation 10 and of existing containers shall be waived until January 1， 1987.However ， an Administration may make more stringent requirements for thecontainers of its own (national) owners.
3.(a) As an alternative to paragraph 2， the Contracting Party concerned mayapprove a continuous examination programme if satisfied， on evidence submittedby the owner， that such a programme provides a standard of safety not inferiorto the one set out in paragraph 2 above.
(b) To indicate that the container is operated under an approved continuousexamination programme， a mark showing the letters "ACEP" and the identificationof the Contracting Party which has granted approval of the programme shall bedisplayed on the container on or as close as practicable to the Safety ApprovalPlate.
(c) All examinations performed under such a programme shall determine whether acontainer has any defects which could place any person in danger. They shall beperformed in connection with a major repair， refurbishment， or on-hire/off-hireinterchange and in no case less than once every 30 months.
(d) As a transitional provision any requirements for a mark to indicate that thecontainer is operated under an approved continuous examination programme shallbe waived until January 1， 1987. However， an Administration may make morestringent requirements for the containers of its own (national) owners.
4. For the purpose of this regulation "the Contracting Party concerned" is theContracting Party of the territory in which the owner is domiciled or has hishead office. However， in the event that the owner is domiciled or has headoffice in a country the government of which has not yet made arrangements forprescribing or approving an examination scheme and until such time as thearrangements have been made， the owner may use the procedure prescribed orapproved by the Administration of a Contracting Party which is prepared to actas "the Contracting Party concerned". The owner shall comply with the conditionsfor the use of such procedures set by the Administration in question.
CHAPTER II -- REGULATIONS FOR APPROVAL OF
NEW CONTAINERS BY DESIGN TYPE
Regulation 3
Approval of New Containers
To qualify for approval for safety purposes under the present Convention all newcontainers shall comply with the requirements set out in Annex II.
Regulation 4
Design Type Approval
In the case of containers for which an application for approval has beensubmitted， the Administration will examine designs and witness testing of aprototype container to ensure that the containers will conform to therequirements set out in Annex II. When satisfied， the Administration shallnotify the applicant in writing that the container meets the requirements of thepresent Convention and this notification shall entitle the manufacture to affixthe Safety Approval Plate to every container of the design type series.
Regulation 5
Provisions for Approval by Design Type
1. Where the containers are to be manufactured by design type series，application made to be an Administration for approval by design type shall beaccompanied by drawings， a design specification of the type of container to beapproved and such other data as may be required by the Administration.
2. The applicant shall state the identification symbols which will be assignedby the manufacturer to the type of container to which the application forapproval relates.
3. The application shall also be accompanied by an assurance from themanufacturer that he will:
a) produce to the Administration such containers of the design type concerned asthe Administration may wish to examine;
b) advise the Administration of any change in the design or specification andawait its approval before affixing the Safety Approval Plate to the container;
c) affix the Safety Approval Plate to each container in the design type seriesand to no others;
d) keep a record of containers manufactured to the approved design type.
This record shall at least contain the manufacturer's identification numbers，dates of delivery and names and addresses of customers to whom the containersare delivered.
4. Approval may be granted by the Administration to containers manufactured asmodifications of an approved design type if the Administration is satisfied thatthe modifications do not affect the validity of tests conducted in the course ofdesign type approval.
5. The Administration shall not confer on a manufacturer authority to affixSafety Approval Plates on the basis of design type approval unless satisfiedthat the manufacturer has instituted internal production-control features toensure that the containers produced will conform to the approved prototype.
Regulation 6
Examination during Production
In order to ensure that containers of the same design type series aremanufactured to the approved design， the Administration shall examine or test asmany units as it considers necessary， at any stage during production of thedesign type series concerned.
Regulation 7
Notification of Administration
The manufacturer shall notify the Administration prior to commencement ofproduction of each new series of containers to be manufactured in accordancewith an approved design type.
CHAPTER III -- REGULATIONS FOR APPROVAL OF
NEW CONTAINERS BY INDIVIDUAL APPROVAL
Regulation 8
Approval of Individual Containers
Approval of individual containers may be granted where the Administration， afterexamination and witnessing of tests， is satisfied that the container meets therequirements of the present Convention; the Administration， when so satisfied，shall notify the applicant in writing of approval and this notification shallentitle him to affix the Safety Approval Plate to such container.
CHAPTER IV -- REGULATIONS FOR APPROVAL OF
EXISTING CONTAINERS AND NEW CONTAINERS
NOT APPROVED AT THE TIME OF MANUFACTURE
Regulation 9
Approval of Existing Containers
1. If， within 5 years from the date of entry into force of the presentConvention， the owner of an existing container presents the followinginformation to an Administration:
(a) date and place of manufacture;
(b) manufacturer's identification number of the container if available;
(c) maximum operating gross weight capability;
(d) (i) evidence that a container of this type has been safely operated inmaritime and/or inland transport for a period of at least two years， or
(ii) evidence to the satisfaction of the Administration that the container wasmanufactured to a design type which had been tested and found to comply with thetechnical conditions set out in Annex II， with the exception of those technicalconditions relating to the end-wall and side-wall strength tests， or
(iii) evidence that the container was constructed to standards which， in theopinion of the Administration， were equivalent to the technical conditions setout in Annex II， with the exception of those technical conditions relating tothe end-wall and side-wall strength tests;
(e) allowable stacking weight for 1.8 g (kilograms and lbs.); and
(f) such other data as required for the Safety Approval Plate; than theAdministration， after investigation， shall notify the owner in writing whetherapproval is granted; and if so， this notification shall entitle the owner toaffix the Safety Approval Plate after an examination of the container concernedhas been carried out in accordance with Regulation 2.
2. Existing containers which do not qualify for approval under paragraph 1 ofthis Regulation may be presented for approval under the provisions of Chapter IIor Chapter III of this Annex. For such containers the requirements of Annex IIrelating to end-wall and/or side-wall strength tests shall not apply. TheAdministration may， if it is satisfied that the containers in question have beenin service， waive such of the requirements in respect of presentation ofdrawings and testing， other than the lifting and floor-strength tests， as it maydeem appropriate.
3. The examination of the container concerned and the affixing of the SafetyApproval Plate shall be accomplished not later than 1 January， 1985.
Regulation 10
Approval of New Containers Not Approved at
Time of Manufacture
If， on or before 6 September， 1982， the owner of a new container which was notapproved at the time of manufacture presents the following information to anAdministration:
(a) date and place of manufacture;
(b) manufacturer's identification number of the container if available;
(c) maximum operating gross weight capability;
(d) evidence to the satisfaction of the Administration that the container wasmanufactured to a design type which had been tested and found to comply with thetechnical conditions set out in Annex II;
(e) allowable stacking weight for 1.8 g (kilograms and lbs.); and
(f) such other data as required for the Safety Approval Plate; theAdministration， after investigation， may approve the container， notwithstandingthe provisions of Chapter II. Where approval is granted， such approval shall benotified to the owner in writing， and this notification shall entitle the ownerto affix the Safety Approval Plate after an examination of the containerconcerned has been carried out in accordance with Regulation 2. The examinationof the container concerned and the affixing of the Safety Approval Plate shallbe accomplished not later than 1 January， 1985.
APPENDIX
The Safety Approval Plate， conforming to the model reproduced below， shall takethe form of a permanent， non-corrosive， fire-proof rectangular plate measuringnot less than 200 mm by 100 mm. The words "CSC Safety Approval" of a minimumletter height of 8 mm and all other words and numbers of a minimum height of 5mm shall be stamped into， embossed on or indicated on the surface of the Platein any other permanent and legible way.
1. Country of Approval and Approval Reference as given in the example on line 1.(The country of Approval should be indicated by means of the distinguishing signused to indicate country of registration of motor vehicles in international roadtraffic.)
2. Date (month and year) of manufacture.
3. Manufacturer's identification number of the container or， in the case ofexisting containers for which that number is unknown， the number allotted by theAdministration.
4. Maximum Operating Gross Weight (kilograms and lbs.).
5. Allowable Stacking Weight for 1.8 g (kilograms and lbs.).
6. Transverse Racking Test Load Value (kilograms and lbs.)
7. End Wall Strength to be indicated on plate only if end walls are designed towithstand a load of less or greater than 0.4 times the maximum permissiblepayload， i.e. 0.4 P.
8. Side Wall Strength to be indicated on plate only if the side walls aredesigned to withstand a load of less or greater than 0.6 times the maximumpermissible payload， i.e. 0.6 P.
9. First maintenance examination date (month and year) for new containers andsubsequent maintenance examination dates (month and year) if Plate used for thispurpose.
ANNEX II
STRUCTURAL SAFETY REQUIREMENTS AND TESTS
Introduction
In setting the requirements of this Annex， it is implicit that in all phases ofthe operation of containers the forces as a result of motion， location， stackingand weight of the loaded container and external forces will not exceed thedesign strength of the container. In particular， the following assumptions havebeen made;
(a) the container will so be restrained that it is not subjected to forces inexcess of those for which it has been designed;
(b) the container will have its cargo stowed in accordance with the recommendedpractices of the trade so that the cargo does not impose upon the containerforces in excess of those for which it has been designed.
Construction
1. A container made from any suitable material which satisfactorily performs thefollowing tests without sustaining any permanent deformation or abnormalitywhich would render it incapable of being used for its designed purpose shall beconsidered safe.
2. The dimensions， positioning and associated tolerances of corner fittingsshall be checked having regard to the lifting and securing systems in which theywill function.
Test loads and test procedures
Where appropriate to the design of the container， the following test loads andtest procedures shall be applied to all kinds of containers under test:
________________________________________
TEST LOADINGS AND APPLIED FORCES TEST PROCEDURES
________________________________________1. LIFTING
________________________________________
The container， having the prescribed INTERNAL LOADING， shall be lifted in such away that no significant acceleration forces are applied. After lifting， thecontainer shall be suspended or supported for five minutes and then lowered tothe ground.
(A) LIFTING FROM CORNER FITTINGS
Internal loading:
A uniformly distributed load such that the combined weight of container and testload is equal to 2 R. (i) Lifting from top corner fittings:
Containers greater than 3，000 mm (10 ft.) (nominal) in length shall have liftingforces applied vertically at all four top corner fittings.
Containers of 3，000 mm (10 ft.) (nominal) in length or less shall have liftingforces applied at all four top corner fittings， in such a way that the anglebetween each lifting device and the vertical shall be 30o.
Externally applied forces:
Such as to lift the combined weight of 2 R in the manner prescribed (under theheading TEST PROCEDURES). (ii) Lifting from bottom corner fittings:
Containers shall have lifting forces applied in such a manner that the liftingdevices bear on the bottom corner fittings only. The lifting forces shall beapplied at angles to the horizontal of:
30o for containers of length 12，000 mm (40 ft.) (nominal) or greater;
37o for containers of length 9，000 mm (30 ft.) (nominal) and up to but notincluding 12，000 mm (40 ft.) (nominal)，
45o for containers of length 6，000 mm (20 ft.) (nominal) and up to but notincluding 9，000 mm (30 ft.) (nominal)，
60o for containers of less than 6，000 mm (20 ft.) (nominal).
(B) LIFTING BY ANY OTHER ADDITIONAL METHODS
Internal loading:
A uniformly distributed load such that the combined weight of container and testload is equal to 1.25 R.
Externally applied forces:
Such as to lift the combined weight of 1.25 R in the manner prescribed (underthe heading TEST PROCEDURES).
Internal loading:
A uniformly distributed load such that the combined weight of containers andtest load is equal to 1.25 R.
Externally applied forces:
Such as to lift the combined weight of 1.25 R， in the manner prescribed (underthe heading TEST PROCEDURES). (i) Lifting from fork lift pockets:
The container shall be placed on bars which are in the same horizontal plane，one bar centred within each fork lift pocket which is used for lifting theloaded container. The bars shall be of the same width as the forks intended tobe used in the handling， and shall project into the fork pocket 75 per cent ofthe length of the fork pocket.
(ii) Lifting from grappler arm positions:
The container shall be placed on pads in the same horizontal plane， one undereach grappler arm position. These pads shall be of the same sizes as the liftingarea of the grappler arms intended to be used.
(iii) Other Methods:
Where containers are designed to be lifted in the loaded condition by any methodnot mentioned in (A) or (B)(i) and (ii) they shall also be tested with theINTERNAL LOADING AND EXTERNALLY APPLIED FORCES representative of theacceleration conditions appropriate to that method.
________________________________________2. STACKING
________________________________________
1. For conditions of international transport where the maximum verticalacceleration forces very significantly from 1.8 g and when the container isreliably and effectively limited to such conditions of transport， the stackingload may be varied by the appropriate ratio of acceleration forces.
2. On successful completion of this test the container may be rated for theallowable superimposed static stacking weight which should be indicated on theSafety Approval Plate against the heading "Allowable stacking weight for 1.8 g(kilograms and lbs.)".
Internal loading:
A uniformly distributed load such that the combined weight of container and testload is equal to 1.8 R. Tank containers may be tested in the tare condition. Thecontainer， having the prescribed INTERNAL LOADING， shall be placed on four levelpads which are in turn supported on a rigid horizontal surface， one under eachbottom corner fitting or equivalent corner structure. The pads shall becentralized under the fittings and shall be of approximately the same plandimensions as the fittings.
Externally applied forces:
Such as to subject each of the four top corner fittings to a vertical downwardforce equal to 1/4 x 1.8 x the allowable superimposed static stacking weight.Each EXTERNALLY APPLIED FORCE shall be applied to each of the corner fittingsthrough a corresponding test corner fitting or through a pad of the same plandimensions. The test corner fitting or pad shall be offset with respect to thetop corner fitting of the container by 25 mm (1 in.) laterally and 38 mm (11/2in.) longitudinally.
________________________________________
3. CONCENTRATED LOADS (a) ON ROOF
________________________________________
Internal loading:
None.
Externally applied forces:
A concentrated load of 300 kg (660 lbs.) uniformly distributed over an area of600 mm x 300 mm (24 in. x 12 in.). The EXTERNALLY APPLIED FORCES shall beapplied vertically downwards to the outer surface of the weakest area of theroof of the container.
________________________________________
3. CONCENTRATED LOADS (b) ON FLOOR
________________________________________
Internal loading:
Two concentrated loads each of 2，730 kg (6，000 lbs.) and each applied to thecontainer floor through a contact area of 142 cm2 (22 sq.in.) The test should bemade with the container resting on four level supports under its four bottomcorners in such a manner that the base structure of the container is free todeflect.
A testing device loaded to a weight of 5，460 kg (12，000 lbs.) that is 2，730 kg(6，000 lbs) on each of two surfaces having， when loaded， a total contact area of284 cm2 (44 sq. in.) that is 142 cm2 (22 sq. in) on each surface， the surfacewidth being 180 mm (7 in.) spaced 760 mm (30 in.) apart， centre to centre，should be manoeuvred over the entire floor area of the container.
Externally applied forces:
None.
________________________________________4. TRANSVERSE RACKING
________________________________________
Internal loading:
None The container in tare condition shall be placed on four level supports oneunder each bottom corner and shall be restrained against lateral and verticalmovement by means of anchor devices so arranged that the lateral restraint isprovided only at the bottom corners diagonally opposite to those at which theforces are applied.
Externally applied forces:
Such as to rack the end structures of the container sideways. The forces shallbe equal to those for which the container was designed. The EXTERNALLY APPLIEDFORCES shall be applied either separately or simultaneously to each of the topcorner fittings on one side of the container in lines parallel both to the baseand to the planes of the ends of the container. The forces shall be appliedfirst towards and then away from the top corner fittings. In the case ofcontainers in which each end is symmetrical about its own vertical centreline，one side only need be tested， but both sides of containers with asymmetric endsshall be tested.
________________________________________
5. LONGITUDINAL RESTRAINT (STATIC TEST)
________________________________________
When designing and constructing containers， it must be borne in mind thatcontainers， when carried by inland modes of transport may sustain accelerationsof 2 g applied horizontally in a longitudinal direction.
Internal loading:
A uniformly distributed load， such that the combined weight of a container andtest load is equal to the maximum operating gross weight or rating， R. In thecase of a tank container， when the weight of the internal load plus the tare isless than the maximum gross weight or rating， R， a supplementary load is to beapplied to the container. The container having the prescribed INTERNAL LOADINGshall be restrained longitudinally by securing the two bottom corner fittings orequivalent corner structures at one end to suitable anchor points.
Externally applied forces:
Such as to subject each side of the container to longitudinal compressive andtensile forces of magnitude R， that is， a combined force of 2 R on the base ofthe container as a whole. The EXTERNALLY APPLIED FORCES shall be applied firsttowards and then away from the anchor points. Each side of the container shallbe tested.
________________________________________6. END-WALLS
________________________________________
The end-walls should be capable of withstanding a load of not less than 0.4times the maximum permissible payload. If， however， the end-walls are designedto withstand a load of less or greater than 0.4 times the maximum permissiblepayload such a strength factor shall be indicated on the Safety Approval Platein accordance with Annex I， Regulation 1.
Internal loading:
Such as to subject the inside of an end-wall to a uniformly distributed load of0.4 P or such other load for which the container may be designed. The prescribedINTERNAL LOADING shall be applied as follows:
Both ends of a container shall be tested except where the ends are identicalonly one end need be tested. The end-walls of containers which do not have opensides or side doors may be tested separately or simultaneously.
The end-walls of containers which do have open sides or side doors should betested separately. When the ends are tested separately the reactions to theforces applied to the end-wall shall be confined to the base structure of thecontainer.
Externally applied forces:
None.
________________________________________7. SIDE-WALLS
________________________________________
The side-walls should be capable of withstanding a load of not less than 0.6times the maximum permissible payload. If， however， the side-walls are designedto withstand a load of less or greater than 0.6 times the maximum permissiblepayload， such a strength factor shall be indicated on the Safety Approval Platein accordance with Annex I， Regulation 1.
Internal loading:
Such as to subject the inside of a side-wall to a uniformly distributed load of0.6 P or such other load for which the container may be designed. The prescribedINTERNAL LOADING shall be applied as follows:
Both sides of a container shall be tested except where the sides are identicalonly one side need be tested. Side-walls shall be tested separately and thereactions to the internal loading shall be confined to the corner fittings orequivalent corner structures. Open topped containers shall be tested in thecondition in which they are designed to be operated， for example， with removabletop members in position
Externally applied forces:
None.
LIST OF AMENDMENTS
Established by the Revised Statutes of Canada， 1985.
CHAPTER S-1.
. INTERPRETATION .
Section Revised Statutes of Canada In force
yyyy/mm/dd
13(1) S.C.1989， c. 3， s. 52(1) 1990/03/29
13(7) repealed S.C.1989， c. 3， s. 52(2) 1999/03/29 | 
