PART 16Inspectors (continued)
Direction Not to Import or to Return to Place of Origin
16.5 (1) When an inspector directs, under subsection 17(4) of the Act, a person who has charge, management or control of dangerous goods or means of containment that the dangerous goods or means of containment not be imported into Canada or, if they are already in Canada, that they be returned to their place of origin, the inspector must deliver to that person a Notice of Direction Not to Import or to Return to Place of Origin in the form following this section.
(2) The inspector must sign and date the Notice.
(3) The direction takes effect when the Notice is signed and dated by the inspector. 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.
(4) The direction 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 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.
(6) 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 NOT TO IMPORT OR TO RETURN TO PLACE OF ORIGIN Subsection 17(4) of the Transportation of Dangerous Goods Act, 1992 The dangerous goods or the means of containment 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 are directed not to be imported or to be returned to the place of origin. 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(write out date in full) Description of the Dangerous Goods(include UN number, shipping name, primary class, subsidiary class, packing group, if any) Description of the Means of Containment (include the serial number, if any) Details of Non-compliance and Why Action to Remedy the Non-compliance Is Not Possible or Desirable (include references to the Act and Regulations) Revocation (include reasons justifying the revocation, and the name, title and signature of the person revoking the direction)Inspector’s Name(Print)Inspector’s SignatureDate(dd/mm/yyyy)
- SOR/2008-34, s. 104
PART 17Site Registration Requirements
17.1 In this Part, site means a permanent location where dangerous goods are imported, offered for transport, handled or transported and are in the direct possession of a person conducting these activities, but does not include a location where dangerous goods are used only in the scope of a person’s work or as raw materials in products that they manufacture.
17.2 (1) Subject to subsection (2), this Part applies to a person who imports, offers for transport, handles or transports dangerous goods at a site located in Canada that they own or operate.
(2) Subsection (1) does not apply to
(a) a person who imports, offers for transport, handles or transports dangerous goods originating from outside Canada and passing through Canada to a destination outside Canada without any handling being done in Canada;
(b) a person conducting cross-border movements who does not have a headquarters in Canada or who does not operate a site in Canada where importing, offering for transport, handling or transporting activities take place;
(c) a person who offers for transport, handles or transports dangerous goods at a site that are in quantities necessary for a federal, provincial or municipal officer to carry out their duties with respect to the enforcement of federal, provincial or municipal law; or
(d) a person operating one or more oil wells.
17.3 (1) A person must not import, offer for transport, handle or transport dangerous goods at a site that they own or operate in Canada unless they are registered in the registration database relating to dangerous goods on the Department of Transport website in accordance with subsection (2) and comply with sections 17.4 and 17.5.
(2) A person registers in the database by providing the following information:
(a) the business number assigned to them by the Canada Revenue Agency, if any;
(b) their name and the address of their headquarters;
(c) the phone numbers and email addresses of both a contact person and their replacement when absent;
(d) the addresses of all sites where dangerous goods are imported, offered for transport, handled or transported;
(e) the mode of transport of dangerous goods used at each site;
(f) for each site, the classes and divisions of dangerous goods that were imported, offered for transport, handled or transported within the previous fiscal year, if any; and
(g) for each site, the importing, offering for transport, handling or transporting activities that were undertaken in the previous fiscal year, if any.
Exception — 12 months after coming into force
17.3.1 Despite subsection 17.3(1), a person to whom this Part applies on the day of its coming into force may import, offer for transport, handle or transport dangerous goods at a site that they own or operate in Canada without being registered in the registration database referred to in that subsection for 12 months after that day.
17.4 A person must renew their registration annually within 30 days of the anniversary date of their initial registration by validating or, if applicable, updating the information referred to in subsection 17.3(2) in the registration database relating to dangerous goods on the Department of Transport website.
Changes to Information
17.5 A person must update the information in the registration database relating to dangerous goods on the Department of Transport website within 60 days after the day on which any change occurs to the information that they provided under paragraphs 17.3(2)(a) to (e) on their initial registration or annual renewal.
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