SECTION 14
Financial Responsibility
14.(1) No person shall handle,
offer for transport, transport or import dangerous goods, or manufacture or
import standardized means of containment, unless the person is financially
responsible in accordance with the regulations.
(2 A person who handles, offers for
transport, transports or imports dangerous goods, or manufactures or imports
standardized means of containment, shall provide the prescribed proof of
financial responsibility to an inspector who requests the proof.
(3) This section does not apply to
Her Majesty in right of Canada or a province or to the entities named in
Schedules II and III to the Financial Administration Act.
BEHIND THE WORDS
The Regulations may establish
activities and classes of dangerous goods for which a person must be able to
prove financial responsibility before handling, offering for transport,
transporting or importing dangerous goods or manufacturing or importing
standardized means of containment. For example, with respect to trucks, the
regulations are expected to require proof of insurance to the levels now set
uniformly by the provinces across Canada, i.e., one million dollars for
dangerous goods and two million dollars for dangerous goods as listed in
Schedule XII of the Regulations. This will be proposed through the normal
regulation making procedures. Currently, the only other category being actively
considered is for those persons responsible for an ERAP. Consideration may be
given at a future date to requiring financial responsibility for manufacturers
or importers of standardized means of containment.
Enforcement of this section is
expected to be conducted in the same way as the verification of a person's
automobile insurance. That is, during the course of an inspection, an inspector
will request to see proof of financial responsibility which would be provided
in the form of an insurance card, proof of a bond or some other document deemed
acceptable as a result of regulation. It is emphasized that proof will only be
required when specifically requested by an inspector pursuant to regulations.
This section will not apply to
federal and provincial government departments, nor to certain crown
corporations.
Regulations could allow for
conditions under which persons may satisfy the Minister that they self-insure
to a satisfactory level.
There is no requirement for the
form in which the financial responsibility must be to satisfy the conditions of
the section. On a case-by-case basis it may be acceptable to have insurance, a
bond, other financial instruments, etc.
RELATED SECTIONS
Section 9 - Funds may be required
to provide the notices, or to deal with the recalls
Section 22 - Funds may be required
to compensate the government for its expenses
Section 33 - Establishes offences
Section 34 - Funds may be required
to satisfy a court order
COURT DECISIONS OF INTEREST
"Please refer to the disclaimer on page 0-1"
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