CONSOLIDATED NEWFOUNDLAND
REGULATION 4/96
Dangerous
Goods Ticket Offences Regulations
under the
Dangerous Goods Transportation Act
(O.C. 96‑207)
Under the authority of section 22 of the Dangerous Goods Transportation Act and
the Subordinate Legislation Revision and
Consolidation Act, the Lieutenant‑Governor in Council makes the
following regulations.
REGULATIONS
Analysis
Short title
1. These regulations may be cited as the Dangerous Goods Ticket Offences Regulations.
216/91 s1
Definitions
2. In these regulations
(a) "Act" means the Dangerous Goods Transportation Act;
(b) "Federal Regulations" means the English
version, exclusive of Parts X, XI and XII and of the provisions dealing with radioactive
materials, of the Dangerous Goods
Regulations made under the Transportation
of Dangerous Goods Act (Canada), adopted under the Act; and
(c) "subsequent conviction" means a
conviction for an offence which is imposed within 2 years of the date of the
last previous conviction for an offence in the same part of the Federal
Regulations or where an offence is listed in the Schedule to these regulations
in the same part of that Schedule.
216/91 s2
Ticketable
offence
3. Violation of a regulation or federal regulation
listed in the Schedule is designated under subsection 6(3) and paragraph
22(1)(p) of the Act as an offence for which a ticket may be issued under the Summary Proceedings Act.
159/92 s1
Penalty for
offence described
4. A person convicted of an offence under a
regulation or federal regulation listed in the Schedule is liable
(a) on the first conviction, to a fine of not more
than the maximum nor less than the minimum amount prescribed for the offence in
the Schedule or in default of payment of the fine, to imprisonment for a term
of not more than the maximum nor less than the minimum term prescribed for the
offence in the Schedule; and
(b) on each subsequent conviction, to a fine of
not more than or less than 1 1/2 times the maximum and minimum amounts
prescribed for the offence in the Schedule or in default of payment of the
fine, to imprisonment for a term of not more than or less than 1 1/2 times the
maximum and minimum terms prescribed for the offence in the Schedule.
216/91 s4
Penalty for
offence not described
5. A person convicted of an offence under a
regulation or federal regulation not listed in the Schedule and for which no
other penalty is prescribed is liable on summary conviction
(a) on the first conviction, to a fine of not more
than $600 and not less than $200 or in default of payment of the fine, to
imprisonment for a term of not more than 30 days nor less than 5 days; and
(b) on each subsequent conviction, to a fine of
not more than $1,000 and not less than $600 or in default of the fine, to
imprisonment for a term of not more than 50 days nor less than 15 days.
216/91 s5
Repeal
6. The Dangerous Goods (Ticket Offences)
Regulations, 1991, Newfoundland Regulation 216/91, are repealed.
Schedule
PART A
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2.33(a)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport explosives in bulk
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1,000
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600
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50 days
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15 days
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2.33(c)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport radioactive materials that are pyrophoric or have a
subsidiary clarification of Class 1
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1,000
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600
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50 days
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15 days
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2.33(d)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport prescribed dangerous goods packaged together with
other dangerous goods in the same outer packaging
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1,000
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600
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50 days
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15 days
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3.1.1(1)
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Transportation of
Dangerous Goods Regulations (Canada)
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Offer for transport
dangerous goods not classified as prescribed
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1,000
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600
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50 days
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15 days
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5.1
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport dangerous goods without proper safety marks
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1,000
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600
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50 days
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15 days
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6.1
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport dangerous goods not complying with safety standards
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1,000
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600
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50 days
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15 days
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7.1
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport dangerous goods not complying with safety requirements
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1,000
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600
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50 days
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15 days
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8.1
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Transportation of
Dangerous Goods Regulations (Canada)
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Transport dangerous
goods not complying with safety requirements
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1,000
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600
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50 days
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15 days
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9.13(1)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to notify
appropriate people and authorities of dangerous goods occurrence
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1,000
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600
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50 days
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15 days
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PART B
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4.1
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport dangerous goods not documented as prescribed
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700
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400
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35 days
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10 days
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9.2(a)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport dangerous goods while untrained
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700
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400
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35 days
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10 days
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9.2(b)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport dangerous goods while not directly supervised by a
trained person
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700
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400
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35 days
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10 days
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9.14(1)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to provide
required information within 30 days of incident
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700
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400
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35 days
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10 days
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PART C
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3.6
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to classify
dangerous goods as prescribed
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500
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300
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25 days
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7 days
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3.7(a)
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Transportation of
Dangerous Goods Regulations (Canada)
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Improperly classify
substance as Class 1
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500
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300
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25 days
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7 days
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3.7(b)
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Transportation of
Dangerous Goods Regulations (Canada)
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Improperly classify
substance as Class 7
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500
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300
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25 days
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7 days
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3.7(c)
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Transportation of
Dangerous Goods Regulations (Canada)
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Improperly classify
substance as Class 9
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500
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300
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25 days
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7 days
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5.2
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Transportation of
Dangerous Goods Regulations (Canada)
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Transport dangerous
goods without proper safety marks where shipment originates in the U.S.A.
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500
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300
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25 days
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7 days
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5.3(1)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport dangerous goods without proper safety marks where
shipment originates in Canada
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500
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300
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25 days
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7 days
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PART D
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2.33(6)
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Transportation of
Dangerous Goods Regulations (Canada)
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Handle, offer for
transport or transport explosives loaded into firearm
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300
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200
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15 days
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5 days
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2.34
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to securely stow
cylinder containing dangerous goods
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300
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200
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15 days
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5 days
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2.35
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to comply with
prescribed requirements of Schedules II and III
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300
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200
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15 days
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5 days
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3.1(2)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to correct
classification error
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300
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200
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15 days
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5 days
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4.2
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Transportation of
Dangerous Goods Regulations (Canada)
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Transport dangerous
goods without proper documentation where shipment originates in the U.S.A.
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300
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200
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15 days
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5 days
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4.2(3)
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Transportation of
Dangerous Goods Regulations (Canada)
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Transport dangerous
goods without proper documentation, U.S.
shipment reshipped in Canada
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300
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200
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15 days
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5 days
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9.5(a)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to produce a
training certificate upon request by an inspector
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300
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200
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15 days
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5 days
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9.5(b)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to produce a
prescribed certificate, licence or authorization upon request by an inspector
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300
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200
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15 days
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5 days
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9.6
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to retain copy of
certificate of training
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150
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100
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6 days
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2 days
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9.7
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Transportation of
Dangerous Goods Regulations (Canada)
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Training not directly
related to one or more of the prescribed topics
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300
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200
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15 days
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5 days
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9.10
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to report lost or
stolen dangerous goods
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300
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200
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15 days
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5 days
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9.11
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to notify of
incident causing delay in delivery of explosives
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150
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100
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6 days
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2 days
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9.11(2)(a)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to notify
appropriate authority of incident causing delay in delivery of explosives
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300
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200
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15 days
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5 days
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9.11(2)(b)
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Transportation of
Dangerous Goods Regulations (Canada)
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Fail to notify
appropriate authority of incident causing damage to vehicle or explosives
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300
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200
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15 days
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5 days
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216/91 Sch
©Earl G. Tucker, Queen's Printer