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Justice Canada.
16
Inspectors
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.
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.
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.