Disclaimer: This tool is for technical reference only and is not the official version of the regulations. The authoritative source is
Justice Canada.
Certificates and Directions
31
(1)
The Minister may issue an equivalency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the manner in which the authorized activity will be carried on provides a level of safety at least equivalent to that provided by compliance with this Act.
(2)
The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety.
(2.1)
The Minister may, in the public interest, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.
(2.2)
No action lies against Her Majesty in right of Canada, the Minister, his or her Deputy or any person employed in the Department of Transport for anything done or omitted to be done in good faith under subsection (2.1).
(3)
An equivalency, emergency or temporary certificate is not a statutory instrument for the purposes of the Statutory Instruments Act and the contents of an emergency certificate or a temporary certificate may be issued orally, but the emergency certificate or temporary certificate shall be issued in writing as soon as possible and the writing is conclusive proof of its content.
(4)
An equivalency, emergency or temporary certificate may include terms and conditions governing the authorized activity and, if any of the terms or conditions is not complied with in the course of carrying on the activity, the Act and regulations apply to the activity as though the certificate did not exist.
(5)
An equivalency, emergency or temporary certificate may specify the persons who may carry on the activity and the dangerous goods or means of containment that it may involve.
(6)
The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.1), respectively, or the regulations have been amended and have the same effect as the certificate.
32
(1)
The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety.
(2)
The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and that cannot be effectively dealt with under any other provision of this Act.
(3)
The Minister may suspend or revoke the direction if the Minister is satisfied that it is no longer needed.