Exemption from s. 58 of the Act
 61. (1) Subject to subsection (10), section 58 of the Act does not apply to an activity at a particular location if the person engaged in or proposing to engage in the activity at that location, (a)  gives the risk management official a notice described in subsection (2) and complies with any applicable requirements in subsections (3), (4) and (5); or (b)  gives the risk management official a notice described in subsection (7).  O. Reg. 246/10, s. 12. (2) If the person has a prescribed instrument that regulates the activity the person is engaged in or is proposing to engage in at the particular location, the person may give the risk management official a notice identifying the instrument.  O. Reg. 246/10, s. 12. (3) A person giving a notice under subsection (2) shall, at the same time, give the risk management official a copy of the instrument identified in the notice.  O. Reg. 246/10, s. 12. (4) If the instrument identified in a notice under subsection (2) contains a statement that conditions have been included in the instrument to ensure that, for the purposes of the activity the person is engaged in or is proposing to engage in at the particular location, it conforms to the significant threat policies set out in the source protection plan, the notice shall also identify where the statement appears in the instrument.  O. Reg. 246/10, s. 12. (5) If the instrument identified in a notice under subsection (2) does not contain a statement described in subsection (4), but the person giving the notice has a statement in writing from the person or body who issued or created the instrument indicating that, for the purposes of the activity the person is engaged in or is proposing to engage in at the particular location, the instrument conforms to the significant threat policies set out in the source protection plan, the person shall give the risk management official a copy of the statement at the same time the notice is given.  O. Reg. 246/10, s. 12. (6) If a person gives a notice under subsection (2) that does not identify where a statement described in subsection (4) appears and no statement is given to the risk management official under subsection (5), the risk management official shall give the person a notice in writing specifying the date by which the person shall give the risk management official, (a)  a copy of a prescribed instrument that regulates the activity the person is engaged in or is proposing to engage in at the particular location and that contains a statement that, for the purposes of engaging in the activity at that location, conditions have been included in the instrument to ensure that it conforms to the significant threat policies set out in the source protection plan; or (b)  a copy of a prescribed instrument that regulates the activity the person is engaged in or is proposing to engage in at the particular location and a statement in writing from the person or body who issued or created the instrument indicating that, for the purposes of engaging in the activity at that location, the instrument conforms to the significant threat policies set out in the source protection plan.  O. Reg. 246/10, s. 12. (7) If the person does not have a prescribed instrument that regulates the activity the person is engaged in or is proposing to engage in at the particular location, the person may give the risk management official a notice that describes the actions the person will take to obtain a prescribed instrument that will regulate the activity at that location and that will conform to the significant threat policies set out in the source protection plan.  O. Reg. 246/10, s. 12. (8) The risk management official shall give a person who gives a notice under subsection (7) a notice in writing specifying the date by which the person shall give the risk management official, (a)  a copy of a prescribed instrument that regulates the activity the person is engaged in or is proposing to engage in at the particular location and that contains a statement that, for the purposes of engaging in the activity at that location, conditions have been included in the instrument to ensure that it conforms to the significant threat policies set out in the source protection plan; or (b)  a copy of a prescribed instrument that regulates the activity the person is engaged in or is proposing to engage in at the particular location and a statement in writing from the person or body who issued or created the instrument indicating that, for the purposes of engaging in the activity at that location, the instrument conforms to the significant threat policies set out in the source protection plan.  O. Reg. 246/10, s. 12. (9) The risk management official may in writing extend the date specified in a notice given under subsection (6) or (8) before the date specified in the notice has passed.  O. Reg. 246/10, s. 12. (10) If a person fails to give the risk management official anything required by a notice under subsection (6) or (8) by the required date, the risk management official may give the person a notice terminating the exemption provided by subsection (1), effective on a date specified in the notice.  O. Reg. 246/10, s. 12. (11) If the Director approves a form to be used for notices given under subsection (2) or (7), a notice shall be in that form.  O. Reg. 246/10, s. 12. (12) The risk management official shall give a copy of a notice received under subsection (2) or (7) to the Director.  O. Reg. 246/10, s. 12. (13) If the risk management official is required to give a person a notice under subsection (6), subsection 59 (2) of the Act does not apply until the person complies with the notice.  O. Reg. 246/10, s. 12. (14) Subsection 59 (2) of the Act does not apply to a person who gives a notice under subsection (7) until the person complies with the notice given under subsection (8).  O. Reg. 246/10, s. 12. (15) Subsections (13) and (14) apply whether or not a notice given to a person under subsection (6) or (8) was given before or after the person made an application under subsection 59 (2) of the Act with respect to the activity at the particular location.  O. Reg. 246/10, s. 12.