Transportation of Dangerous Goods Regulations

16.4 (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.