SECTION 32
Protective Directions
32.(1) The Minister or a person
designated for the purposes of this section may, if satisfied of the matters
described in subsection (2), direct a person engaged in handling, offering for
transport, transporting or importing 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 or the designated
person must be satisfied that the direction is necessary to deal with an
emergency that involves danger to public safety and cannot be effectively dealt
with under any other provision of this Act.
(3) The Minister or a designated
person may revoke the direction where the Minister or person is satisfied that
the direction is no longer needed.
BEHIND THE WORDS
A protective direction can only be
issued when it is necessary to deal with an emergency involving danger to
public safety that cannot be dealt with effectively under any other provision
of the TDG Act, 1992. Further, such a direction must be specific to a
person. A person includes an individual, company or legal entity. It also
provides that the Minister or designated person may revoke the direction when
the Minister or designated person is satisfied that the direction is no longer
needed.
As an example of the usefulness of
this section, should a problem with a defined type of means of containment be
suspected, a direction may be issued to require that a specified (e.g., levels
of confidence) statistical sample be inspected (parameters or protocol of
inspections defined) within a given timeframe. This would allow a study to be
conducted without placing all the means of containment out of service until
each was determined to be safe.
The result of the sample inspection
could indicate that the best course of action would be to order the removal
from service of all the means of containment, the phasing-in of a compulsory
inspection program over a specific time period or the determination that initial
indications were incorrect and the designated means of containment may remain
in service (subject to normal inspections).
RELATED SECTIONS
Subsection 13(2) - Combined with
Section 33 establishes offences
Section 33 - Establishes offences
COURT DECISIONS OF INTEREST
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