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Transportation of Dangerous Goods Regulations (SOR/2001-286)

Regulations are current to 2026-07-21 and last amended on 2026-07-01. Previous Versions

PART 14Equivalency Certificate (continued)

[
  • SOR/2023-155, s. 50
]

Issuance or Refusal of an Equivalency Certificate

 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

[
  • SOR/2023-155, s. 53
]

 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

  •  (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

 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

[
  • SOR/2023-155, s. 57
]
  •  (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

 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

 The Minister must notify, in writing, the person who made the request for a review of the decision and the reasons for the decision.

PART 15Court Order

Payment of Money for Research

 A person who is subject to a court order that requires payment of an amount of money under paragraph 34(1)(d) of the Act to be used to conduct programs of research must

  • (a) provide a summary of the order, in writing, to the Minister within 30 days after the day on which the order is made; and

  • (b) give to the Minister the amount in the form of a certified cheque, money order or bank draft, payable to the Receiver General for Canada, within the period established by the court or, if no period is established, within 90 days after the day on which the order is made.

PART 16Inspectors

 [Repealed, SOR/2026-127, s. 68]

Certificate of Inspection

[
  • SOR/2026-127, s. 69(E)
]

 A certificate issued by an inspector to a person under subsection 16.1(1) of the Act must include the following information:

  • (a) the seal number of any seal removed from a means of containment;

  • (b) the seal number of any new seal applied to a means of containment after the inspection or sampling;

  • (c) the UN number, shipping name and quantity of any dangerous goods subject to inspection or sampling;

  • (d) the quantity of any sample taken;

  • (e) a description of any means of containment opened and, if applicable, the serial number of the means of containment;

  • (f) a description of the means of transport used or to be used;

  • (g) the name, contact information and signature of the person to whom the certificate is issued;

  • (h) the name, certificate of designation number and signature of the inspector issuing the certificate; and

  • (i) the geographic location and date of the inspection or sampling.

Detention of Dangerous Goods or Means of Containment

  •  (1) An inspector who, under subsection 17(1) of the Act, detains dangerous goods or a means of containment must issue a notice of detention to the person who has the charge, management or control of the dangerous goods or means of containment. The notice must include the following information:

    • (a) the UN number and shipping name of any dangerous goods detained;

    • (b) a description of any means of containment detained and, if applicable, the serial number of the means of containment;

    • (c) a description of any non-compliance, including the applicable references to the Act and these Regulations;

    • (d) the name and contact information of the person to whom the notice is issued;

    • (e) the name, certificate of designation number and signature of the inspector issuing the notice;

    • (f) the geographic location where the notice is issued; and

    • (g) the date on which the notice is issued.

  • (2) The detention expires 12 months after the day on which the notice is issued, but it may be revoked earlier, in writing, by the inspector.

  • (3) A person may request a review of the detention at any time after it takes effect and the notice has been issued to the person who has the charge, management or control of the dangerous goods or means of containment. 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) 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 review.

Direction to Remedy Non-compliance

  •  (1) An inspector who, under subsection 17(2) of the Act, directs a person to take measures necessary to remedy non-compliance with the Act must issue a notice of direction to that person. The notice must include the following information:

    • (a) a description of any non-compliance, including the applicable references to the Act and these Regulations;

    • (b) a description of the measures in the inspector’s direction;

    • (c) the name and contact information of the person to whom the notice is issued;

    • (d) the name, certificate of designation number and signature of the inspector issuing the notice;

    • (e) the geographic location where the notice is issued; and

    • (f) the date on which the notice is issued.

  • (2) Before a notice is issued to the person directed by the inspector to take necessary measures under subsection (1), the notice must be signed and dated by one of the following Department of Transport officials:

    • (a) the Director, Compliance Support Branch, Transportation of Dangerous Goods Program Hub;

    • (b) the Supervisor of the Inspector, Transportation of Dangerous Goods Program Hub; or

    • (c) the Chief, Oversight Advisory Team.

  • (3) The direction expires 12 months after the day on which the notice is issued, but it may be revoked earlier, in writing, by the inspector.

  • (4) A person may request a review of the direction at any time after it takes effect and the notice has been issued to the person who has the charge, management or control of the dangerous goods or means of containment. 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) 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 review.

Direction Not to Import or to Return to Place of Origin

  •  (1) An inspector who, under subsection 17(3) of the Act, directs that dangerous goods or a means of containment not be imported into Canada or that they be returned to their place of origin must issue a notice of direction to the person who has the charge, management or control of the dangerous goods or means of containment. The notice must include the following information:

    • (a) the UN number and shipping name of any dangerous goods subject to the notice;

    • (b) a description of any means of containment and, if applicable, the serial number of the means of containment;

    • (c) a description of any non-compliance, including the relevant references to the Act and these Regulations, as well as the reasons why measures to remedy the non-compliance are not possible or desirable;

    • (d) the name and contact information of the person to whom the notice is issued;

    • (e) the name, certificate of designation number and signature of the inspector issuing the notice;

    • (f) the geographic location where the notice is issued; and

    • (g) the date on which the notice is issued.

  • (2) The direction expires 12 months after the day on which the notice is issued, but it may be revoked earlier, in writing, by the inspector.

  • (3) A person may request a review of the direction at any time after it takes effect and the notice has been issued to the person who has the charge, management or control of the dangerous goods or means of containment. 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) 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 review.

PART 17Site Registration Requirements

Definition

 In this Part, site means a permanent location where dangerous goods are imported, offered for transport, handled or transported and are in the direct possession of a person conducting these activities, but does not include a location where dangerous goods are used only in the scope of a person’s work or as raw materials in products that they manufacture.

Application

  •  (1) Subject to subsection (2), this Part applies to a person who imports, offers for transport, handles or transports dangerous goods at a site located in Canada that they own or operate.

  • (2) Subsection (1) does not apply to

    • (a) a person who imports, offers for transport, handles or transports dangerous goods originating from outside Canada and passing through Canada to a destination outside Canada without any handling being done in Canada;

    • (b) a person conducting cross-border movements who does not have a headquarters in Canada or who does not operate a site in Canada where importing, offering for transport, handling or transporting activities take place;

    • (c) a person who offers for transport, handles or transports dangerous goods at a site that are in quantities necessary for a federal, provincial or municipal officer to carry out their duties with respect to the enforcement of federal, provincial or municipal law; or

    • (d) a person operating one or more oil wells.

Registration

  •  (1) A person must not import, offer for transport, handle or transport dangerous goods at a site that they own or operate in Canada unless they are registered in the registration database relating to dangerous goods on the Department of Transport website in accordance with subsection (2) and comply with sections 17.4 and 17.5.

  • (2) A person registers in the database by providing the following information:

    • (a) the business number assigned to them by the Canada Revenue Agency, if any;

    • (b) their name and the address of their headquarters;

    • (c) the phone numbers and email addresses of both a contact person and their replacement when absent;

    • (d) the addresses of all sites where dangerous goods are imported, offered for transport, handled or transported;

    • (e) the mode of transport of dangerous goods used at each site;

    • (f) for each site, the classes and divisions of dangerous goods that were imported, offered for transport, handled or transported within the previous fiscal year, if any; and

    • (g) for each site, the importing, offering for transport, handling or transporting activities that were undertaken in the previous fiscal year, if any.

 

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