Transportation of Dangerous Goods Regulations (SOR/2001-286)
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Regulations are current to 2021-01-10 and last amended on 2020-02-19. Previous Versions
PART 14Permit for Equivalent Level of Safety (continued)
Notification of a Decision
14.8 The Minister or the Director General 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 Director General within 30 days after the order is made; and
(b) give to the Director General 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 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:
Area of qualification / Domaine de compétence | This person is designated as an inspector for the purposes of the Transportation of Dangerous Goods Act, 1992. | ||
Photograph Photographie 1 1/2” x 1 1/4” 3.8 cm x 3.2 cm 3,8 cm x 3,2 cm | |||
Issuing Date / Date de délivrance | Expiry Date / Date d’expiration | Cette personne est désignée à titre d’inspecteur pour l’application de la Loi de 1992 sur le transport des marchandises dangereuses. | |
Name / Nom | |||
Inspector’s Signature / Signature de l’inspecteur | |||
Minister’s Signature / Signature du ministre | |||
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:
INSPECTION CERTIFICATE / ATTESTATION |
Date of Activity / Date de l’activité |
Activity (inspection or sample taking) / Activité (visite ou prise d’échantillon) |
Quantity of Sample / Quantité de l’échantillon |
Date Resealed / Date d’apposition du nouveau plomb |
Seal Number, if any / Numéro du plomb, le cas échéant |
Name / Signature / Certificate Number of Inspector Nom / Signature / Numéro du certificat de l’inspecteur |
Date |
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:
(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 SignatureDescription 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 ContainmentThe 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 SignatureDate(dd/mm/yyyy)
- SOR/2008-34, s. 104
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:
(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 SignatureDate(dd/mm/yyyy)Designated PersonName(print)Position(print)SignatureDate(dd/mm/yyyy)
- SOR/2008-34, s. 104
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