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The Dangerous Goods Handling and Transportation Act
This is an unofficial archived version of The Dangerous Goods Handling and Transportation Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. D12

The Dangerous Goods Handling and Transportation Act

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

Definitions.

1

In this Act

"analyst" means a person so designated or appointed by the minister; ("analyste")

"Clean Environment Commission" means the commission as established under The Clean Environment Act; ("Commission de protection de 1'environnement")

"container" means transport equipment, including equipment that

(a) is carried on a chassis,

(b) is strong enough to be suitable for repeated use, and

(c) is designed to facilitate the transportation of goods, with intermediate reloading,

but does not include a vehicle; ("conteneur" )

"contaminant" means any solid, liquid, gas, waste, odour, radiation, or any combination thereof that

(a) is foreign to or in excess of, the natural constituents of the environment, or

(b) affects the natural, physical, chemical or biological quality of the environment, or

(c) is or is likely to be injurious or damaging to the health or safety of a person: ("contaminant")

"dangerous goods" means any product, substance or organism designated in the regulations, or conforming with the criteria set out in the regulations, or in any regulation adopted in accordance with this Act, and includes hazardous wastes; ("marchandises dangereuses")

"department" means the Department of the Environment and Workplace Safety and Health or such other department as may be designated by the Lieutenant Governor in Council; ("ministère")

"director" means an employee of the department so designated or appointed by the minister; ("directeur")

"domestic quantities" means quantities packaged, marketed and being handled in a single household; ("quantités domestiques" )

"environment" means all or any part or combination of the air, land or water and includes plant and animal life; ("environnement" )

"environmental accident" means a release, leakage or spillage of a contaminant into the environment otherwise than in accordance with the provisions of this Act, its licences, orders and regulations or the Clean Environment Act, its orders and regulations, or an incident which may or is likely to result in such a release, leakage or spillage, which, having regard to the environment in which the release, leakage or spillage takes place or may take place, and to the nature of the contaminant, creates or may create a hazard to human life or health, to other living organisms, or to the physical environment: ("accident relatif à l'environnement")

"environmental assessment and review process" means any process established by the Lieutenant Governor in Council to provide government and public scrutiny of environmentally significant undertakings; ("procédé d'évaluation et d'examen relatifs à l'environnement")

"environmental emergency" means an environmental accident which creates an immediate or imminent hazard which requires the taking of prompt emergency measures to protect persons, property and the environment; ("situation d'urgence")

"environmental health" means those aspects of human health that are or can be affected by chemical or physical agents or the sanitary condition of water, wastes or food; ("salubrité de 1'environnement")

"environment officer" means a department employee so designated or appointed by the minister; ("agent de 1'environnement" )

"generate" means to cause or allow to cause, by virtue of ownership, management, operation or control, the creation or storage of hazardous waste; ("générer")

"handle" except where otherwise defined by regulation, includes manufacture, generate, use, transport, transfer, process, mix, package, store, sell, apply or offer for sale or offer for transport; ("manutentionner")

"hazardous situation" means a condition, which in the opinion of an inspector or environment officer will or may result in imminent risk of serious injury or damage to the health or safety of a person, the environment, or plant or animal life; ("situation dangereuse")

"hazardous waste" means any substance or group of substances so designated by the regulations or conforming to criteria set out in regulations; ("déchets dangereux" )

"hazardous waste disposal facility" means a facility or place operated in whole or in part for the purpose of treatment, disposal or bulk storage of hazardous waste but does not include

(a) a facility or place treating, storing or disposing of hazardous wastes on the generation site and approved by the director, or

(b) a facility or place treating or storing of hazardous wastes as a part of a recycling, reuse or reclamation process; ("installation d'élimination de déchets dangereux")

"highway" means a highway as defined in The Highway Traffic Act; ("route")

"hold order" means a written instruction prohibiting the movement, transfer, transport, sale or disposal of a dangerous good until such time as the hold order is withdrawn; ("ordre d'arrêt")

"inspector" means a person so designated or appointed by the minister; ("inspecteur" )

"licensable hazardous wastes" means hazardous wastes, classes or volumes or quantities of hazardous wastes designated by the regulations; ("déchets dangereux pouvant faire l'objet d'une licence")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"municipality" means any locality the inhabitants of which are incorporated and continued under the authority of The Municipal Act, The Local Government Districts Act or any other Act of the Legislature and includes a rural municipality, an incorporated city, town or village, and a local government district; ("municipalité")

"offer for transport" means presenting, placing, positioning, or otherwise preparing goods for transportation on a highway; ("demande de transport")

"packaging" means any receptacle or enveloping material used to contain or protect goods, but does not include a container or means of transport; ("emballage")

"proprietary information" means information or data provided to the department on a confidential basis, the criteria for which are outlined in the regulations, or is negotiated between the department and the provider of the information; ("renseignements privés" )

"regional collection facility" means a facility to store hazardous wastes in transit to a hazardous waste disposal facility; ("installation régionale de collecte")

"safety mark" means any design, symbol, device, sign, label, placard, letter, word, number, abbreviation, or any combination thereof that is displayed or intended to be displayed on dangerous goods, packaging or containers, or vehicles used in the transporting or transferring of dangerous goods; ("indication de danger")

"safety requirements" means requirements for the transportation or transfer of dangerous goods, and the offering for transport of dangerous goods as specified in the regulations; ("règles de sécurité")

"safety standards" means standards regulating the design, construction, equipping, functioning or performance of containers, packaging or vehicles used in the transporting or transferring of dangerous goods; ("normes de sécurité")

"shipping document" means any document that accompanies dangerous goods offered for transport or transported, that describes or contains information relating to the goods and, without restricting the generality of the foregoing, includes a bill of lading, cargo manifest, shipping order, or way bill; ("document d'expédition")

"transfer" means to haul, move, convey, or deliver goods by any manner other than by means of a vehicle on a highway, or by airplane or national rail line; ("transférer" )

"transport" means hauling, moving, conveying, or delivering of goods by means of a vehicle on a highway; ("transport")

"vehicle" means a vehicle as defined in The Highway Traffic Act. ("véhicule")

Non-application of Act.

2(1)

This Act and regulations do not apply to the handling of domestic quantities of dangerous goods.

Non-application of Act.

2(2)

This Act does not apply to any offering for transport or the transportation of dangerous goods

(a) exempted by the regulations; or

(b) that are under the sole direction or control of the Minister of National Defence for Canada.

Crown bound.

2(3)

This Act binds the Crown.

Handling of dangerous goods in accordance with Act.

3

No person shall handle or dispose of dangerous goods or cause dangerous goods to be handled or disposed of except in compliance with this Act and the regulations.

Director.

4

The minister may appoint or designate an employee of the department as a director for the purposes of this Act.

Inspectors.

5(1)

The minister may appoint or designate persons as inspectors for the purposes of this Act.

Designation of federal employees as inspectors.

5(2)

The minister may, in addition or in lieu of appointing or designating inspectors under subsection (1), pursuant to any agreement entered into with the Government of Canada, or any municipal corporation designate persons employed by that government or municipal corporation or any agency of that government or municipal corporation as inspectors for the purposes of this Act.

Environment officers.

6

The minister may appoint or designate employees of the department as environment officers for the purpose of this Act.

Appointment of advisory committee.

7(1)

The minister may establish and appoint the members of such advisory committees as he considers desirable for the purpose of advising and assisting him in carrying out the purposes and provisions of this Act.

Expenses of members of advisory committees.

7(2)

Each member of an advisory committee may be paid such travelling and out-of-pocket expenses necessarily incurred by that person in discharging his duties as a member of the committee as may be approved by the minister.

Licence to handle licensable hazardous wastes.

8(1)

No person shall handle licensable hazardous wastes unless that person or that person's employer is in possession of a valid and subsisting licence issued by the director for the purpose specified on the licence.

Licence to transport hazardous waste.

8(2)

No person shall

(a) accept for transport hazardous wastes generated in Manitoba; or

(b) transport hazardous wastes into Manitoba for storage, treatment or disposal, unless that person or that person's employer is in possession of a valid and subsisting licence issued by the director, or by any other person authorized to issue a licence in the province wherein the transporter is based.

Hazardous waste to be disposed of at licensed facility.

8(3)

No person shall dispose of hazardous wastes, or cause hazardous wastes to be disposed of, except at a licensed hazardous waste disposal facility or in a manner approved or specified by the director or an environment officer.

Licence to operate hazardous waste disposal facility.

8(4)

No person shall operate or cause to be operated a hazardous waste disposal facility unless the person is in possession of a valid and subsisting licence or temporary operating permit for that facility, issued by the director.

Application for licence or temporary operating permit.

8(5)

Where, on the coming into force of this Act, a person owns or operates a hazardous waste disposal facility without the required licence, that person shall, within 90 days after the coming into force of this Act, apply in writing to the director, for a licence or a temporary operating permit to operate the facility.

Licence to handle licensable hazardous wastes.

8(6)

Where, in the coming into force of this Act, a person is handling licensable hazardous wastes without the required licence, that person shall, within 90 days after the coming into force of this Act, apply in writing to the director, for a licence to handle the licensable hazardous wastes.

Licence to transport hazardous wastes.

8(7)

Where, on the coming into force of this Act, a person is transporting hazardous waste without the required licence, that person or that person's employer shall, within 90 days after the coming into force of this Act, apply in writing to the director, for a licence to transport hazardous wastes.

Certain operations not contraventions under Act.

8(8)

Continued operation of a hazardous waste disposal facility, or continued handling of licensable hazardous waste, or continued transport of hazardous wastes, from the date of coming into force of this Act until the date of receipt of, a licence or permit by the operator or rejection of a licence or permit by the director is not a contravention of this Act.

Prior registration to handle hazardous waste.

9(1)

No person shall

(a) generate hazardous waste; or

(b) permit hazardous waste to leave the premises where it was generated; or

(c) store or provide storage facilities for hazardous waste generated by another person;

unless that person or that person's employer is registered with the department in accordance with the regulations.

Registration of existing handling of hazardous waste.

9(2)

Where a substance is designated as a hazardous waste under the regulations, any person handling that hazardous waste shall, within 90 days from the date of the designation, register with the department in accordance with the regulations.

Certain continued handling not a contravention.

9(3)

Continued handling of a hazardous waste between the date of the designation and the 90 days referred to in subsection (2) is not a contravention of this Act.

Action by director upon receipt of application.

10(1)

Upon receipt of an application for

(a) a licence or temporary operating permit to operate a hazardous waste disposal facility; or

(b) a licence to handle licensable hazardous wastes; or

(c) a licence to transport hazardous wastes;

as required under section 8, the director may require such plans, maps, specifications, drawings, or other information with respect to the handling of the hazardous wastes as he deems necessary.

Further action by director.

10(2)

As a part of the review and assessment of an application for a licence to operate a hazardous waste disposal facility, the director

(a) may require the applicant to comply with the environmental assessment and review process; and

(b) shall refer the application to the Clean Environment Commission to hold public hearings and provide advice and recommendations.

Procedural rules for hearing.

10(3)

For the purposes of conducting public hearings as required under subsection (2) the Clean Environment Commission may establish its own rules of procedure.

Director may issue or refuse to issue licence or permit.

11(1)

Following his review and consideration of an application for a licence or permit as required by section 8, the director may

(a) issue a licence with or without such specifications, limits, terms and conditions or with a requirement for such modifications as he considers necessary; or

(b) refuse to issue the licence; or

(c) in the case of a hazardous waste disposal facility, issue a temporary operating permit with or without such specifications, limits, terms and conditions or with a requirement for such modifications as he considers necessary; or

(d) in the case of a hazardous waste disposal facility, refuse to issue the temporary operating permit applied for;

and where specifications, limits, terms and conditions are imposed, the person shall comply with those limits, terms and conditions including the modifications, if any, required by the director.

Suspension or cancellation of licence or permit.

11(2)

The director may suspend, withdraw or cancel a licence or permit issued in accordance with subsection (1) where any provision of the licence, permit, this Act or a regulation is found to have been violated, or where in his opinion a hazardous situation exists.

Manifest.

12

No person shall consign, transport, or accept for transportation, storage, treatment or disposal of hazardous waste unless the waste is accompanied by a manifest which is duly completed and processed in accordance with the regulations.

Various orders by director.

13

The director may by order

(a) direct any person handling or disposing of dangerous goods to furnish all information specified in the order that he has in his possession or may reasonably be expected to have access to relating to the dangerous goods;

(b) restrict or place conditions on the handling or disposal of any dangerous goods in Manitoba;

(c) prohibit or restrict the sale or distribution of any crop, food, feed, plant, water, produce or other material which is exposed or may have been exposed to dangerous goods or hazardous waste, and cause any or all of them to be destroyed or decontaminated or otherwise rendered harmless.

Dangerous goods to be properly packaged for transportation.

14

No person shall offer for transport any dangerous goods unless

(a) the dangerous goods are identified in the shipping documents: and

(b) the dangerous goods are packaged or are contained in packages or containers which comply with and are identified or marked in compliance with the regulations.

Requirements.

15

No person shall transport or transfer any dangerous goods unless

(a) all applicable prescribed safety requirements are complied with; and

(b) the vehicle and all containers and packaging in it comply with all applicable safety standards and display all applicable prescribed safety marks.

Order to dispose of or remove dangerous goods.

16

Where the director is of the opinion or is advised that a situation exists that has caused, is causing or may cause a hazard to the environment or to environmental health, as a result of handling or disposing of dangerous goods, the director may issue an order to the owner of the land or to the owner of the dangerous goods or to the person in control of the dangerous goods, or any one or more of those persons to do any one or more of the following things:

(a) Dispose of the dangerous goods or materials affected by the dangerous goods, or both, in accordance with the terms of the order.

(b) Remove the dangerous goods or materials affected by the dangerous goods, or both, from the location.

(c) Take special precautions with respect to the treatment or decontamination of the area affected.

(d) Take special precautions with respect to the future use of the affected area.

Order to lessen risk or escape or spillage of any dangerous goods.

17

Where a person has possession, charge or control of dangerous goods, the director may, where he considers it reasonable and necessary to lessen the risk of an escape or spill thereof, order that person

(a) to undertake investigations, tests, surveys, and other action the director considers necessary to determine the magnitude of the risk and report the results to the director; or

(b) to prepare in accordance with the director's direction, a contingency plan containing information required by the director.

Powers of environment officer and inspector.

18(1)

Any environment officer or inspector where he has reasonable and probable cause to believe dangerous goods are being handled upon presentation of an identification card issued by the minister, for the purposes of enforcing this Act or the regulations or any order made under this Act or the regulations, may without a warrant, do any one or more of the following things:

(a) At any reasonable time, enter any place, vehicle, or premises other than a dwelling and search the place, vehicle or premises.

(b) Inspect any installation, vehicle, plant, container or machinery and inspect and test any process of handling or disposal used therein relating to dangerous goods, conduct tests, and take and retain samples of any raw or manufactured substance or material for the purpose of evidence.

(c) Detain or cause to be detained any vehicle which is transporting dangerous goods.

(d) Examine any records or documents relating to the acquisition, handling, discharge, or disposal of any dangerous goods on the premises or vehicle or any other substance on the premises that may be converted into or used to produce dangerous goods, and for the purposes of making copies of the records or documents, remove them for as long as it is necessary to make the copies.

Assistance to inspectors and environment officers.

18(2)

The owner or person who has charge, management or control of any building, place, container, packaging, or means of transport inspected pursuant to this Act or the regulations shall give an environment officer or inspector all reasonable assistance in his power to enable the inspector and environment officer to carry out his duties under this Act.

Hold orders.

19(1)

An environment officer or inspector may issue a hold order to any person storing, offering for transport, transporting, transferring or receiving any dangerous good which in the opinion of the environment officer or inspector, as the case may be, is causing or may cause a hazardous situation.

Compliance with hold order.

19(2)

No person shall move, transfer, transport, sell or dispose of any dangerous good for which a hold order has been issued until such time as the hold order has been rescinded by the environment officer or inspector, as the case may require, or by the director.

Expiry of hold order.

19(3)

A hold order issued pursuant to subsection (1) shall expire after five clear days from the date of issuance thereof unless withdrawn by the issuing inspector or an environment officer, or extended by an environment officer.

Abatement of damages.

19(4)

Notwithstanding subsections (1) and (2), a person to whom a hold order is issued may, in the event of an accident, take whatever corrective action is necessary to abate the discharge and clean the area affected.

Report to department.

19(5)

Where corrective action is taken in accordance with subsection (4). the person taking or initiating the action shall immediately report the accident and the action taken and provide a follow up report as may be requested by an environment officer to the department using the fastest possible means.

Powers of environment officer.

20

An environment officer may, where in his opinion such action is necessary to avert a hazardous situation, by written order, require any person handling, owning or having custody or control of any dangerous goods in any location within the province

(a) to remove the dangerous goods from the location; or

(b) to dispose of the dangerous goods in accordance with the regulations or as prescribed in the order; or

(c) to take special precautions and to keep records in respect of the handling of the dangerous goods; or

(d) to do any one or more of the things mentioned in clauses (a), (b) and (c).

Termination, variation, etc. of order.

21

An order or any part of an order issued by the director, environment officer or inspector, may in writing be terminated, varied, suspended or extended by the director or by the person who issued the order.

Payment for carrying out work under order.

22

Where an order is issued to a person under this Act or under the regulations requiring the person to do anything or to comply with certain terms and conditions and the person fails or refuses to comply with the order, the director or the environment officer issuing the order may cause the work, if any, to be performed or carried out, and any costs incurred thereby is payable by the person to whom the order was issued, and may be recovered from the person in any court of competent jurisdiction as a debt due by that person to Her Majesty in right of Manitoba.

Obstruction.

23

No person shall obstruct or attempt to obstruct the director, environment officer, inspector or any other person in the performance of his duties or the exercise of his authority under this Act or the regulations.

Appeals from actions of environment officers and inspectors.

24(1)

Except as may be otherwise provided, any person who is aggrieved by any order, decision, instruction or directive of an environment officer or inspector may, within five days from the date of the issuance of the order, decision, instruction or directive, in writing appeal therefrom to the director.

Action by director on appeal.

24(2)

Where an appeal is made to the director under subsection (1) the director, on such considerations as he deems advisable, may

(a) vary the order, decision, instruction, or directive; or

(b) cancel the order, decision, instruction, or directive; or

(c) dismiss the appeal;

and the director shall notify the appellant of the disposition of the appeal within five days from the date of receipt of the appeal.

Appeals from director's actions.

25

Except as may be otherwise provided, any person who is aggrieved by

(a) the issuance of a licence or a permit by the director; or

(b) the refusal by the director to issue a licence or permit; or

(c) any order, decision, instruction, or directive of the director ; or

(d) the imposition of terms and conditions on a licence or permit; or

(e) the disposition of an appeal under section 24; may, within 30 days from the date of the issuance, refusal to issue, or from the date of the order, decision, instruction, directive, imposition or disposition, in writing appeal therefrom to the minister.

Disposition of an appeal by the minister.

26(1)

Where an appeal is made to the minister under section 25, the minister on such considerations as he deems advisable, may,

(a) where the appeal is against the issuance of a licence or permit, order that the licence or permit be cancelled; or

(b) where the appeal is against the refusal to issue a licence or permit order that the licence or permit be issued with or without terms and conditions; or

(c) where the appeal is against an order, decision, instruction or directive, vary the order, decision, instruction or directive; or

(d) where the appeal is against the terms and conditions of a licence, vary the terms and conditions of the licence or permit; or

(e) dismiss the appeal;

and the decision of the minister, subject to section 27, is final and not subject to any further appeal.

Appeal does not operate as stay of order, etc.

26(2)

An appeal filed in accordance with section 25, does not suspend the decision appealed against; but the minister may suspend the operation of the decision until the appeal is disposed of.

Disposition of appeal by minister.

26(3)

Where the appeal is against the disposition of an appeal by the director under subsection 24(2), the minister may

(a) vary the original order, decision, instruction or directive appealed against; or

(b) cancel the original order, decision, instruction or directive appealed against; or

(c) dismiss the appeal;

and the minister shall notify the appellant of the disposition of the appeal within five days from the date of the receipt of the appeal, and the decision of the minister is final and not subject to any further appeal.

Variation or reversal of minister's decision.

27

Notwithstanding subsection 26(1), where the minister is satisfied on the basis of new evidence or information furnished to him that it would be in the best interest of justice to reconsider his decision, he may, subject to the approval of the Lieutenant Governor in Council, vary or reverse his decision.

Reporting of environmental accident.

28

Every person responsible for and every person having the custody and control of, any contaminant involved in an environmental accident shall immediately after the occurence of the environmental accident report the accident and the details thereof in accordance with the regulations and shall follow the instructions of an environment officer with respect to the accident.

Special powers of environment officers and inspectors.

29(1)

An environment officer or an inspector for the purposes of this Act and the regulations in case of an environmental accident, may without a warrant

(a) enter any land or premises without the consent of the owner or occupant thereof; or

(b) control, contain or dispose of or cause to be controlled, contained or disposed of any contaminant or dangerous goods which are or may create a hazard to human life or health, to other living organisms or to the physical environment; or

(c) move property, erect structures, make excavations, drill holes or cause such actions to be taken, and cause such other action to be taken as may be necessary to discover the extent of the hazards created by the environmental accident to reduce the hazards caused thereby, to abate or control any discharge or release of any contaminant or to clean and restore the environment; or

(d) take such other emergency measures, or cause such other emergency measures to be taken, that are practicable and reasonable to protect persons, property and the environment; or

(e) do any or all of the things mentioned in clauses (a), (b), (c) and (d).

Non-application of section 24.

29(2)

Section 24 does not apply to an order, decision, instruction or directive requiring a person to clean up or take any other action pursuant to subsection (1); but nothing in this section deprives a person who incurs cost in complying with an order, decision, instruction or directive from recovering those costs from another person where he believes that another person is responsible for complying with the order, decision, instruction, or directive.

Issuance of instructions by environment officer.

30(1)

Upon receipt of a report of an environmental accident, an environment officer may issue instructions to the person reporting the accident, or to any other person the environment officer considers qualified, to offer assistance in the performance of the functions outlined in section 29.

Persons as agents of government.

30(2)

Where a person is performing duties pursuant to the instructions of an environment officer in the event of an environmental accident, that person shall be deemed to be an agent of the government and shall have the powers and protection of an environment officer for the purpose of carrying out the specific instructions of the environment officer.

Exemption from liability.

30(3)

Any person requested to act under subsection (1) is not personally liable in respect of any act or omission in the course of complying with the request.

Recovery of costs.

30(4)

Where any action is taken by an environment officer, or person acting on the instructions of an environment officer in accordance with this section, the costs incurred by the government are a debt due to the government by the person having ownership, custody or control at the time of the accident, of the contaminant, and are recoverable by the government in a court of competent jurisdiction.

Penalties.

31(1)

Every person who contravenes any provision of this Act or the regulations or fails to comply with any order, decision, instruction or directive of the minister, director, environment officer or inspector or with the terms and conditions of a licence or permit issued pursuant to this Act or the regulations, is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Imprisonment.

31(2)

Where a person is convicted of an offence under this Act, in addition to the penalty set out in subsection (1), he may be sentenced to imprisonment for a term not exceeding six months.

Separate offences.

32

Where a contravention or violation of any provision of this Act or the regulations, or a failure to comply with an order, decision, directive, instruction of the minister, director, environment officer or inspector, or the terms and conditions of a licence or permit issued, granted or made under this Act or the regulations, continues for more than one day, the offender is guilty of a separate offence for each day that the contravention, violation or failure continues.

Laying of information.

33

Any person may lay an information in respect of any offence against this Act or the regulations.

Liability of director or officer of corporation.

34

Where a corporation is guilty of an offence under this Act or the regulations, any director or officer of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence, is party to and guilty of the offence and is liable, on summary conviction to the penalties provided under this Act.

Admissibility of report or certificate as evidence.

35(1)

A certificate or report purporting to have been signed by an inspector, environment officer or analyst stating that he has made an inspection or analyzed or examined a vehicle, product, substance or organism and stating the results of the inspection, analysis or examination, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report.

Admissibility of copy of extract as evidence.

35(2)

A copy or an extract made by an inspector, environment officer or analyst and purporting to have been certified under his signature as a true copy or extract, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of any evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

Analyst or inspector may be required to attend.

35(3)

The party against whom a certificate or report is produced under subsection (1) or against whom a copy or an extract is produced under subsection (2) may require the attendance of the inspector, environment officer or analyst who signed or appears to have signed the certificate or report, copy or extract, for the purposes of cross-examination.

Service of duplicate of report etc., on a party required.

35(4)

No certificate, report, copy or extract referred to in subsection (1) or (2) shall be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced, at least seven days prior to the date fixed for the hearing a notice of the intention together with a duplicate of the certificate, report, copy or extract.

Order binding on subsequent purchaser.

36

An order issued pursuant to this Act or the regulations and directed to a person who owns or handles dangerous goods is binding on a person who purchases or otherwise acquires custody or control over those dangerous goods.

Proprietary information.

37

Where proprietary information is provided to the department in accordance with sections 9. 10, 13, 17 and 18, no person to whom that information has been provided shall knowingly, without the consent in writing of the person by whom the information was provided

(a) communicate or allow to be communicated to any person; or

(b) allow any other person to inspect or have access;

to the information except for the purposes of the administration or enforcement of this Act.

Insurance.

38

The director may require any person who engages in the handling of dangerous goods, or any class thereof to provide evidence of financial responsibility in the form of insurance or an indemnity bond, or in any other form satisfactory to the director.

Power to conduct inquiry.

39(1)

Where an accident or incident involving a discharge or emission of dangerous goods results in a death or injury to any person, danger to the health or safety of the public, or to property or the environment, the minister may order that a public inquiry be held, and may appoint a person or persons to conduct the inquiry and to prepare a report in accordance with such terms of reference as he deems necessary at the time.

Powers of persons conducting inquiry.

39(2)

A person appointed by the minister under this section to conduct an inquiry or carry out an investigation, for the purpose of the inquiry or the investigation, has all the powers of a commissioner under Part V of The Manitoba Evidence Act.

Regulations.

40(1)

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by this Act, has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations respecting

(a) the designation of substances as dangerous goods;

(b) the designation of substances as hazardous wastes, or licensable hazardous wastes;

(c) the classification and handling of dangerous goods and containers thereof;

(d) the prohibition and restriction of the handling of certain dangerous goods;

(e) the reporting of environmental accidents and the information to be included in the report;

(f) the designation of dangerous goods by classes, volumes, mixture or other specified criteria for which registration is required for handling or generation and for which a manifest is required for transporting;

(g) the requirement of, and process for registration for handling designated dangerous goods;

(h) the issuing of licences and permits under this Act;

(i) the keeping and disposition of records, relating to the handling of dangerous goods;

(j) types of information and criteria for information to be declared to be proprietary information;

(k) implementation requirements, forms, disposition and procedures for a manifest system;

(l) the location, design, construction and operation of facilities and equipment used for handling dangerous goods;

(m) the types and designs or the prohibition of types and designs or materials for use as containers for packaging dangerous goods;

(n) standards and requirements for disposal systems such as recycling, reuse, deposit and refund, of dangerous goods or containers thereof;

(o) the use, location, design, and placement of placards and notices for facilities containing dangerous goods;

(p) training, qualification, certification and licensing of handlers of dangerous goods;

(q) training, qualification and examination of inspectors and environment officers;

(r) the collection and administration of monies for a fund for abatement, clean-up, restoration and compensation arising from environmental accidents;

(s) the setting of fees or limits to fees charged by hazardous waste disposal facilities for services rendered;

(t) the requirement and installation of automatic sensing devices or monitoring equipment in industrial settings;

(u) the prescribing, use and disposition of forms for the purposes of this Act and the regulations;

(v) the care, continued maintenance and restoration of hazardous waste disposal facilities that are no longer in use or are abandoned;

(w) exemptions from the application of the Act and the regulations or any provision thereof, the transporting of dangerous goods in such quantities or concentrations, in such circumstances, for such purposes or in such vehicles as are specified in the regulations;

(x) the manner of identifying any quantities or concentrations of dangerous goods exempted under clause (w);

(y) the procedure for applying for a permit or licence required under this Act;

(z) safety marks, safety requirements, and safety standards of general or particular application;

(aa) shipping documents and other documents to be used in respect of the transportation or transfer of dangerous goods, the information to be included in those documents and the persons by whom and manner in which the documents are to be used and retained;

(bb) the form, amount, nature, class, terms and conditions of insurance or bond that shall be provided and carried by persons or classes of persons while transporting dangerous goods in a vehicle or class of vehicle on a highway;

(cc) the circumstances under which the transport of dangerous goods is prohibited;

(dd) the definition of "handle".

Adoption of other regulations.

40(2)

Any regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes that the Lieutenant Governor in Council considers necessary, any code or standard, or any regulation made by any other government in Canada or recognized technical organization, and may require compliance with any code, standard or regulation so adopted.

Conflict between Acts.

41

Where there is a conflict between any provision of this Act or the regulations and the provisions of any other Act or regulations, the provision of this Act or the regulations, as the case may be, prevails.

Application of regulation.

42

A regulation or any provision thereof may be made to apply to a part or all of the province.

Municipality may make by-laws.

43

Notwithstanding any provision of this Act, a municipality, including The City of Winnipeg, may make by-laws respecting the transportation of dangerous goods within the municipality or City; but where there is a conflict between the provisions of a by-law made by a municipality or The City of Winnipeg and any provision of this Act or a regulation made under this Act, the provision of this Act or the regulation as the case may be, prevails.

Commencement.

44

Sections 8 to 12 of this Act come into force on a day fixed by proclamation.