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Justice Canada.
14
Equivalency Certificate
Applying for an Equivalency Certificate
14.1
A person must apply to the Minister in writing for 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)
the classification of the dangerous goods and, if the dangerous goods are in a solution or mixture, the composition and percentage (specified by volume, mass or net explosives quantity) of each chemical;
(g)
the method of packaging the dangerous goods, including a description of the means of containment and the quantity of dangerous goods in each means of containment;
(h)
whether the equivalency certificate is requested for transport by road vehicle, railway vehicle, aircraft or vessel;
(i)
a description of the proposal for an equivalency certificate, including
(i)
the requirements of the Act or these Regulations that the applicant proposes not to comply with,
(ii)
the manner in which the activity will be carried out and how that manner will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations, and
(iii)
drawings, plans, calculations, procedures, test results and any other information necessary to support the proposal;
(j)
the length of time or the schedule of activities for which the equivalency certificate is requested; and
(k)
the name, position and business telephone number, including the area code, of the person who can be contacted regarding the application for an equivalency certificate and who is authorized by the applicant to speak on the applicant’s behalf.
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.