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PART 14 PERMIT FOR EQUIVALENT LEVEL OF SAFETY TABLE OF CONTENTS Background Definitions Background There is no obligation on any person to apply for a permit for equivalent level of safety to handle, offer for transport or transport dangerous goods. However, if a person wants to conduct an activity in a way that is not consistent with the Act or Regulations, the person must apply for a permit for equivalent level of safety to do so under section 31 of the Act. Under subsection 31(1) of the Act, the Minister or a designated person may issue a permit for equivalent level of safety if the Minister or designated person is satisfied that the activity authorized by the permit will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations. The persons designated to issue a permit for equivalent level of safety are those people in the Transport Dangerous Goods Directorate, Transport Canada, who hold the following positions: Director General Director, Regulatory Affairs Branch Chief, Permits and Approvals Division PERMIT FOR EQUIVALENT LEVEL OF SAFETY Definitions Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
14.1 Applying for a Permit for Equivalent Level of Safety A person must apply to the Minister or a designated person in writing for a permit for equivalent level of safety and must include the following information:
14.2 Issuance or Refusal of a Permit for Equivalent Level of Safety Under subsection 31(1) of the Act, the Minister or a designated person may issue a permit for equivalent level of safety if the Minister or designated person is satisfied that the activity authorized by the permit will be conducted in a manner that will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations. If an application for a permit for equivalent level of safety is refused, the Minister or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal. 14.3 Applying for Renewal of a Permit for Equivalent Level of Safety A person must apply to the Minister or a designated person in writing to renew a permit for equivalent level of safety and must include the following information:
14.4 Issuance or Refusal of a Renewal of a Permit for Equivalent Level of Safety (1) The Minister or a designated person may renew a permit for equivalent level of safety if the Minister or designated person 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 permit for equivalent level of safety 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 or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal. 14.5 Revoking a Permit for Equivalent Level of Safety
14.6 Requesting a Review of a Decision to Refuse or Revoke a Permit for Equivalent Level of Safety (1) A person may request a review of a decision to refuse or revoke a permit for equivalent level of safety within 30 days after receiving notification of the decision. (2) The request must be made in writing to the Minister or the Director General and must include the following information:
14.7 Processing a Request for a Review The Minister or, in the case of a refusal or revocation by a designated person, the Director General may issue a permit for equivalent level of safety that was refused or reissue a revoked permit if the Minister or Director General is satisfied, on the basis of the information available and the information submitted with the request for review, that the activity authorized by the permit will provide a level of safety at least equivalent to that provided by compliance with the Act and these Regulations. 14.8 Notification of a Decision The Minister or the Director General must notify, in writing, the person who made the request for a review of the decision and the reasons for the decision. |
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