Transportation of Dangerous Goods Regulations (SOR/2001-286)

Issuance or Refusal of an Equivalency Certificate

14.2 If an application for an equivalency certificate is refused, the Minister must notify the applicant, in writing, of the refusal and the reasons for the refusal.

Applying for Renewal of an Equivalency Certificate

14.3 A person must apply to the Minister in writing to renew an equivalency certificate and must include the following information:

• (a) if the applicant is an individual, the name of the individual;

• (b) if the applicant is a company or an association, the name of the company or association and each association member, as the names appear in letters patent, articles of incorporation or any other document that shows the legal identity of the company or the association and each association member;

• (c) the address of the place of business of the applicant;

• (d) the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;

• (e) if a person submits an application on behalf of a company or an association, the person’s name and position and the telephone number, including the area code, and address of the person’s place of business;

• (f) certification that the information provided in the original application in accordance with paragraphs 14.1(f) to (i) is still applicable and complete;

• (g) the length of time or the schedule of activities for which the renewal is requested; and

• (h) the name, position and business telephone number, including the area code, of the person who can be contacted regarding the application for a renewal and who is authorized by the applicant to speak on the applicant’s behalf.

Renewal or Refusal of a Renewal of an Equivalency Certificate

• 14.4 (1) The Minister may renew an equivalency certificate if the Minister is satisfied, on the basis of the information available and the information submitted with the application for a renewal, that the activity authorized by the equivalency certificate will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.

• (2) If an application for a renewal is refused, the Minister must notify the applicant, in writing, of the refusal and the reasons for the refusal.

Revoking an Equivalency Certificate

14.5 The Minister must notify a person, in writing, of the revocation of an equivalency certificate under subsection 31(6) of the Act and the reasons for the revocation.

Requesting a Review of a Decision to Refuse or Revoke an Equivalency Certificate

• 14.6 (1) A person may request a review of a decision to refuse or revoke an equivalency certificate within 30 days after the day on which the notification of the decision is received.

• (2) The request must be made in writing to the Minister and must include the following information:

  • (a) the name and address of the place of business of the person requesting the review;

  • (b) the reasons why the decision should be reversed; and

  • (c) all of the information necessary to support the request for the review.

Processing a Request for a Review

14.7 The Minister may issue an equivalency certificate that was refused or reissue an equivalency certificate that was revoked if the Minister is satisfied, on the basis of the information available and the information submitted with the request for review, that the activity authorized by the equivalency certificate will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations.

Notification of a Decision

14.8 The Minister must notify, in writing, the person who made the request for a review of the decision and the reasons for the decision.

PART 15Court Order

Payment of Money for Research

15.1 A person who is subject to a court order that requires payment of an amount of money under paragraph 34(1)(d) of the Act to be used to conduct programs of research must

• (a) provide a summary of the order, in writing, to the Minister within 30 days after the day on which the order is made; and

• (b) give to the Minister the amount in the form of a certified cheque, money order or bank draft, payable to the Receiver General for Canada, within the period established by the court or, if no period is established, within 90 days after the day on which the order is made.

PART 16Inspectors

Certificate of Designation

16.1 A certificate of designation issued to an inspector under subsection 10(2) of the Act must be in the following form:

Inspection Certificate

16.2 An inspection certificate provided under subsection 11(1) of the Act when an inspector opens anything for inspection or takes a sample of anything that is sealed or closed up must be in the following form:

Detention of Dangerous Goods or Means of Containment

• 16.3 (1) When an inspector detains dangerous goods or a means of containment under subsection 17(1) or (2) of the Act, the inspector must deliver a Detention Notice in the form following this section to the person who has charge, management or control of the dangerous goods or of the means of containment at the time they are detained.

• (2) The inspector must sign and date the Notice.

• (3) The detention takes effect when the Notice is signed and dated by the inspector. However, any non-compliance with the detention must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it.

• (4) The detention expires 12 months after the day on which it takes effect, but it may be revoked earlier, in writing, by an inspector.

• (5) A person may request a review of the detention at any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or of the means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:

  • (a) the name and address of the place of business of the person requesting the review;

  • (b) a copy of the Notice;

  • (c) the reasons why the detention should be revoked; and

  • (d) all of the information necessary to support the request for the review.

• (6) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

  Detention Notice
  Subsection 17(1) or (2) of the Transportation of Dangerous Goods Act, 1992
  Notice Number:	File Number:
  The dangerous goods described in this Notice are not being handled, offered for transport, transported or imported in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations. They are detained until an inspector is satisfied that the dangerous goods will be handled, offered for transport, transported or imported in compliance with the Act and the Regulations.
  The standardized means of containment described in this Notice are not being sold, offered for sale, delivered, distributed, imported or used in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations. They are detained until an inspector is satisfied that the means of containment will be sold, offered for sale, delivered, distributed, imported or used in compliance with the Act and the Regulations.
  In accordance with paragraph 13(1)(c) of the Act, a person must not remove, alter or interfere in any way with dangerous goods or the means of containment detained by an inspector unless authorized by an inspector.
  Person Receiving the Notice(include name and position of the person, company name, address of place of business, postal code, telephone number, fax number, e-mail address)
  Inspector Issuing the Notice(include name, address of place of business, postal code, telephone number, fax number, e-mail address, certificate of designation number)
  Date the Notice is Issued(dd/mm/yyyy)
  Inspector’s Name(print), Location and Signature
  Description of the Dangerous Goods(include UN number, shipping name, primary class, subsidiary class, packing group)
  Description of the Means of Containment(include serial number)
  Details of Non-compliance(include references to the Act and Regulations)
  Release of Dangerous Goods or Means of Containment
  The undersigned is satisfied that the dangerous goods described in this Notice will be handled, offered for transport, transported or imported in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations and hereby releases the dangerous goods.
  The undersigned is satisfied that the means of containment described in this Notice will be sold, offered for sale, delivered, distributed, imported or used in compliance with the Transportation of Dangerous Goods Act, 1992 and the Transportation of Dangerous Goods Regulations, and hereby releases the means of containment.
  Inspector’s Name(print)	Inspector’s Signature
  Date(dd/mm/yyyy)

Direction to Remedy Non-compliance

• 16.4 (1) When an inspector directs a person, under subsection 17(3) of the Act, to take necessary measures to remedy non-compliance with the Act and these Regulations, the inspector must deliver to that person a Notice of Direction to Remedy Non-compliance in the form following this section.

• (2) The inspector must sign and date the Notice.

• (3) The Notice must also be signed and dated by one of the following designated persons before it is delivered to the person directed by the inspector to take the necessary measures: the Director, Compliance and Response, the Chief, Response Operations, or the Chief, Enforcement, of the Transport Dangerous Goods Directorate, Department of Transport.

• (4) The direction takes effect when the Notice is signed and dated in accordance with subsections (2) and (3). However, any non-compliance with the direction must not be enforced against a person until the person has received the Notice or a copy of it or a reasonable attempt has been made to give the person the Notice or a copy of it.

• (5) The direction expires 12 months after the day on which it takes effect, but it may be revoked earlier, in writing, by an inspector.

• (6) A person may request a review of the direction at any time after it takes effect and the Notice is delivered to the person who has charge, management or control of the dangerous goods or means of containment. The request must be made in writing to the Minister or the Director General and must include the following information:

  • (a) the name and address of the place of business of the person requesting the review;

  • (b) a copy of the Notice;

  • (c) the reasons why the direction should be revoked; and

  • (d) all of the information necessary to support the request for the review.

• (7) The Minister or the Director General must notify the person, in writing, of the decision made and the reasons for the decision.

  NOTICE OF DIRECTION TO REMEDY NON-COMPLIANCE
  Delivered to persons directed by an inspector to take measures under subsection 17(3) of the Act to remedy non-compliance with the Act and Regulations.
  Person Receiving the Notice(name and position, company name, address of place of business including the postal code, telephone number, fax number, e-mail address)
  Details of Non-compliance(including reference to the Act and Regulations)
  Inspector’s Direction to Remedy Non-compliance
  Revocation(include reasons for justifying the revocation, name, title and signature of person revoking the direction)
  Inspector’s Name(print)	Inspector’s Signature
  Date(dd/mm/yyyy)
  Designated Person Name(print)	Position(print)
  Signature	Date(dd/mm/yyyy)