Review of Inspectors’ Requirements
Marginal note:Request for review
60. (1) Subject to this section, a requirement in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3) shall be reviewed on the written request of the person to whom the notice was delivered.
Marginal note:Contents of and time for making request
(2) A request under subsection (1) shall state the grounds for the request and the decision that is requested and must be delivered to the Minister within 10 days after the date on which the notice referred to in that subsection was delivered to the person who made the request.
(3) A review requested under subsection (1) may be conducted by the inspector who delivered the notice or by any other inspector or official to whom the review is assigned.
Marginal note:Refusal when grounds already considered
(4) A review requested under subsection (1) may be refused if the request does not comply with subsection (2) or if the grounds stated in the request were presented to and considered by the inspector before the notice was delivered.
Marginal note:Refusal in case of emergency
(5) If the reasons in a notice referred to in subsection (1) include the existence of an emergency concerning risks to human health or safety or the environment, the reviewer may refuse to undertake the review until he or she is satisfied that there has been sufficient compliance with the requirement in the notice to address the emergency.
Marginal note:Refusal not affected by inspector’s prior knowledge of emergency
(6) For the purposes of subsection (5), the reviewer may refuse to undertake the review no matter how long before delivery of the notice the inspector had known of the circumstances concerning the emergency.
Marginal note:Reasons for refusal
(7) A refusal under subsection (4) or (5) shall be communicated in writing to the person who made the request, with reasons for the refusal.
Marginal note:Review initiated by inspector
(8) An inspector who delivers a notice referred to in subsection (1), or any other inspector or official assigned to do so, may review the requirement included in the notice regardless of whether a request has been made under that subsection.
Marginal note:Conduct of review
(9) A review referred to in subsection (1) or (8) shall be conducted in accordance with the regulations, if any.
Marginal note:Decision on completion of review
(10) On completion of a review, the reviewer shall make a decision to confirm, amend, terminate or cancel the requirement.
(11) Written notice of the reviewer’s decision under subsection (10), with reasons, shall be delivered to the person who made the request or, if there was no request, to the person to whom the notice referred to in subsection (1) was, or could have been, delivered.
Marginal note:Delay in proceedings under section 61
(12) An application shall not be made under section 61 in relation to a requirement until
(a) the expiry of the 10-day period referred to in subsection (2) without a review having been requested under subsection (1);
(b) a request for a review has been refused under subsection (4) or (5); or
(c) a review that has been requested under subsection (1) and has not been refused under subsection (4) or (5), or a review that has been undertaken under subsection (8), has been completed and action has been taken under subsection (10).
Marginal note:Effect of amendment
(13) When the decision under subsection (10) is to amend a requirement, the notice of that decision under subsection (11) is deemed, for the purpose of section 61, to have been delivered under subsection 53(2), 57(3) or 59(3), as the case may be, and the amended requirement is subject to review under this section.
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