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The Dangerous Goods Handling and Transportation Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 25

THE DANGEROUS GOODS HANDLING AND TRANSPORTATION AMENDMENT ACT


 

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. D12 amended

1         The Dangerous Goods Handling and Transportation Act is amended by this Act.

2         Subsections 10(2) and (3) are repealed and the following is substituted:

Environmental review and assessment

10(2)     As part of the review and assessment of an application for a licence to operate a hazardous waste disposal facility, the director may require the applicant to comply with an environmental assessment and review process specified by the director.

Factors to consider

10(3)     In deciding whether to take any action under subsection (2), the director shall consider all the relevant factors, including

(a) the proximity of the proposed facility to a residential area;

(b) the toxicity of the hazardous waste to be disposed of at the facility; and

(c) the type of facility and its proposed capacity.

3         The English version of the section heading for section 17 is amended by striking out "risk or escape" and substituting "risk of escape".

4         Subsection 22(2) is amended by adding "or the regulations" after "an order made under this Act".

5         The section heading for section 31 is repealed and "Offences" is substituted.

6         The following is added immediately after section 33:

Limitation on prosecution

33.1      An information in respect of an offence against this Act or the regulations may be laid within one year from the time that the subject matter of the proceedings arose or within one year from the day on which evidence, sufficient to justify a prosecution for the offence, came to the knowledge of an environment officer, and a certificate of the officer as to the day on which the evidence came to his or her knowledge is prima facie proof of the date of the receipt of the evidence.

7         Subsection 40(1) is amended by adding the following after clause (ee):

(ff) the fees payable for licences, permits, approvals, specifications of disposal methods, registrations and orders obtained, issued or applied for under this Act or the regulations;

(gg) the designation or classification of substances as special wastes and the handling and disposal of special wastes;

(hh) the designation or classification of substances as petroleum products or allied petroleum products, the storage and handling of petroleum products and allied petroleum products and the construction, installation and operation of storage facilities for petroleum products and allied petroleum products.

8         Section 36 is amended by renumbering it as subsection 36(1) and adding the following as subsections 36(2) to (5):

Transfer of licence or permit

36(2)     No person shall, without the prior written approval of the director, transfer or assign, or acquire by way of a transfer or assignment, a licence or permit issued under this Act or the regulations.

Director may impose conditions

36(3)     In approving the transfer of a licence or permit, the director may by order impose any terms or conditions on the transferee or the transferor that the director considers appropriate.

Reissuance of transferred licence or permit

36(4)     Where a licence or permit has been transferred with the director's written approval, the director shall reissue the licence or permit in the name of the transferee.

Terms and conditions binding on transferee

36(5)     A transferee of a licence or permit issued under this Act or the regulations shall comply with the terms and conditions of the licence or permit.

Coming into force

9(1)       This Act, except section 8, comes into force on the day it receives royal assent.

Coming into force: section 8

9(2)      Section 8 is retroactive and is deemed to have come into force on December 1, 1995.