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
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