Transportation of Dangerous Goods Act, 1992

Marginal note:Grounds for intervention

• 19 (1) If an inspector believes on reasonable grounds that doing so is necessary to prevent an anticipated release of dangerous goods that could endanger public safety, or to reduce any danger to public safety that results or could result from an actual release of dangerous goods, the inspector may do any of the following:

  • (a) remove the dangerous goods, or a means of containment being used to handle or transport the dangerous goods, to an appropriate place, or direct a person to remove the dangerous goods or the means of containment to such a place;

  • (b) direct a person to do anything else to prevent the release or reduce any resulting danger to public safety, or to refrain from doing anything that might impede the prevention of the release or the reduction of the danger; and

  • (c) exercise any power set out in section 15.

• Marginal note:Persons liable to direction

  (2) Such a direction may be issued only to any person

  • (a) who, when the release occurs or is anticipated or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment;

  • (b) who is required under section 7 to have an emergency response assistance plan that applies to the actual or anticipated release;

  • (c) who is responding to the actual or anticipated release in accordance with an emergency response assistance plan approved under section 7; or

  • (d) who causes or contributes to the occurrence of the actual or anticipated release.