Section 3 (2) BEFORE amended by 2004-53-171, effective July 8, 2004 (BC Reg 317/2004).
(2) Subsection (1) does not apply to a regulation made under the Environment Management Act.
Section 7 (1) BEFORE amended by 2023-10-1106, effective March 30, 2023 (Royal Assent).
(1) An inspector must be provided with a certificate, in the prescribed form, of his or her designation showing the purposes, classes of dangerous goods, road vehicles or rail vehicles and the buildings or places for which he or she has been designated.
Section 9 (4) BEFORE amended by 2022-9-86, effective June 30, 2025 (BC Reg 63/2025).
(4) All costs and charges of the detention of a road vehicle or rail vehicle under subsection (2) are a lien on the road vehicle or rail vehicle, as the case may be, and the lien may be enforced in the manner provided under the Warehouse Lien Act.
Section 12 (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) is admissible in evidence in a prosecution for an offence under this Act or the regulations without proof of the signature or official character of the person appearing to have signed the certificate or report, and
Section 12 BEFORE amended by 2023-10-1107, effective March 30, 2023 (Royal Assent).
Analyst's certificate or report as evidence
12 Subject to sections 14 and 15, a certificate or report appearing to have been signed by an inspector or an analyst stating that he or she has inspected, analyzed or examined any road vehicle, rail vehicle, packaging, container, shipping document, product, substance or organism and stating the results of the inspection, analysis or examination
(a) is admissible in evidence in a prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report, and
(b) in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report.
Section 13 (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) is admissible in evidence in a prosecution for an offence under this Act or the regulations without proof of the signature or official character of the person appearing to have signed the copy or extract of a certificate or report, and
Section 18 BEFORE amended by 2023-10-1108, effective March 30, 2023 (Royal Assent).
Offence by employee or agent
18 In a prosecution for an offence against this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his or her consent and that he or she took all reasonable measures to prevent its commission.
Supplement BEFORE repealed by 2006-33-1(2)(g), effective May 18, 2006 (Royal Assent).
[Supplement]
Transport of Dangerous Goods Act
[RSBC 1996] CHAPTER 458
1 Section 9 of the Transport of Dangerous Goods Act is amended by renumbering subsection (5) as subsection (9) and adding the following subsections:
(5) A certificate signed by the minister and showing an amount of money expended by the government under subsection (2) (a), (b) or (c) is conclusive as to the amount expended.
(6) An amount shown by a certificate referred to in subsection (5) is a debt due to the government and is recoverable, subject to subsection (7), by action in the Supreme Court, from the person whose act or neglect caused or who authorized the events that caused the situation described in subsection (1) (a), (b) or (c) in proportions the court determines.
(7) If the court is satisfied that the expenditure incurred by the government under this section was either
(a) excessive, taking into consideration the magnitude of the situation described by subsection (1) (a), (b) or (c) and the results achieved by the expenditure, or
(b) unnecessary, taking into consideration the unlikelihood of significant material loss to any person had the government not acted under this section,
the court may reduce or extinguish the amount of the judgment that it otherwise would have ordered be entered against the person against whom the action under subsection (6) has been brought.
(8) For the purpose of subsection (6), anything done or omitted by a person acting in the course of the person's employment is also the act or omission of the employer.
1990-71-17.