Marginal note:Grounds for intervention
19. (1) If an inspector believes on reasonable grounds that doing so is necessary to prevent an anticipated release of dangerous goods that could endanger public safety, or to reduce any danger to public safety that results or could result from an actual release of dangerous goods, the inspector may do any of the following:
(a) remove the dangerous goods, or a means of containment being used to handle or transport the dangerous goods, to an appropriate place, or direct a person to remove the dangerous goods or the means of containment to such a place;
(b) direct a person to do anything else to prevent the release or reduce any resulting danger to public safety, or to refrain from doing anything that might impede the prevention of the release or the reduction of the danger; and
(c) exercise any power set out in section 15.
Marginal note:Persons liable to direction
(2) Such a direction may be issued only to any person
(a) who, when the release occurs or is anticipated or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment;
(b) who is required under section 7 to have an emergency response assistance plan that applies to the actual or anticipated release;
(c) who is responding to the actual or anticipated release in accordance with an emergency response assistance plan approved under section 7; or
(d) who causes or contributes to the occurrence of the actual or anticipated release.
- 1992, c. 34, s. 19;
- 2009, c. 9, s. 19.
Marginal note:Personal liability
20. The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence:
(a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release;
(b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and
(c) any person who acts in accordance with an authorization given under paragraph 7.1(b).
- 1992, c. 34, s. 20;
- 2009, c. 9, s. 19.
Marginal note:Minister may order inquiry
21. (1) If a release of dangerous goods from a means of containment being used to handle or transport dangerous goods has resulted in death or injury to any person or damage to any property or the environment, the Minister may direct a public inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and may authorize any person or persons that the Minister considers qualified to conduct the inquiry.
Marginal note:Powers of persons conducting inquiries
(2) For the purposes of the inquiry, any person authorized by the Minister has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.
Marginal note:Compatible procedures and practices
(3) The person or persons authorized to conduct the inquiry shall ensure that, as far as practicable, the procedures and practices for the inquiry are compatible with any investigation procedures and practices followed by any appropriate provincial authorities, and may consult with those authorities concerning compatible procedures and practices.
(4) As soon as possible after the inquiry is concluded, the person or persons authorized to conduct the inquiry shall submit a report with recommendations to the Minister, together with all the evidence and other material that was before the inquiry.
(5) The Minister shall publish the report within thirty days after receiving it.
Marginal note:Copies of report
(6) The Minister may supply copies of the report in any manner and on any terms that the Minister considers proper.
- 1992, c. 34, s. 21;
- 2009, c. 9, s. 20.
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