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The defendant was convicted of transporting dangerous goods without required placards after a US regulatory exemption was found inapplicable.
A commercial trucking company was charged with transporting dangerous goods (wet-filled acid batteries) without displaying required safety placards and labels in violation of the Dangerous Goods Transportation Act.
The defendant argued that an exemption under 49 CFR 173.159(e) applied because the shipment originated from the United States.
The court rejected this argument, finding that 173.159(e) pertains only to packaging and bracing requirements, not placarding and safety marking requirements.
The court held that the exemption under section 9.1 of the Canadian Transportation of Dangerous Goods Act, 1992 only applies when United States placarding and marking requirements are met, which they were not.
The defendant was convicted.
