An Act to prohibit the advertising, sale and importation of hazardous productsHazardous Products ActHazardous Products201301
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H-3SHORT TITLE
Short titleThis Act may be cited as the Hazardous Products Act.
  • R.S., c. H-3, s. 1.
INTERPRETATION
DefinitionsIn this Act,advertise[Repealed, 2010, c. 21, s. 72]analystanalysteanalyst means any person designated as an analyst under the Food and Drugs Act or pursuant to subsection 21(1);controlled product[Repealed, 2010, c. 21, s. 72]controlled product or hazardous productproduit contrôlé ou produit dangereuxcontrolled product or hazardous product means any product, material or substance specified by the regulations made pursuant to paragraph 15(1)(a) to be included in any of the classes listed in Schedule II;hazardous product[Repealed, 2010, c. 21, s. 72]importimporterimport means to import into Canada;inspectorinspecteurinspector means any person designated as an inspector pursuant to subsection 21(1);MinisterministreMinister means the Minister of Health;prohibited product[Repealed, 2010, c. 21, s. 72]restricted product[Repealed, 2010, c. 21, s. 72]sellvendresell includes offer for sale, expose for sale and distribute.
  • R.S., 1985, c. H-3, s. 2;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1992, c. 1, s. 145(F);
  • 1996, c. 8, s. 25;
  • 2010, c. 21, s. 72.
Previous Version
[Repealed, 2010, c. 21, s. 73]
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
[Repealed, 2010, c. 21, s. 73]Previous Version
CONTROLLED PRODUCTSInterpretation
DefinitionsIn this Part,bulk shipmentexpédition en vracbulk shipment has the meaning assigned by regulation;containercontenantcontainer includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank;hazard symbolsignal de dangerhazard symbol includes any design, mark, pictogram, sign, letter, word, number, abbreviation or any combination thereof that is to be displayed on a controlled product, or a container in which a controlled product is packaged, in order to show the nature of the hazard of the controlled product;hazardous wasterésidu dangereuxhazardous waste has the meaning assigned by regulation;Ingredient Disclosure Listliste de divulgation des ingrédientsIngredient Disclosure List means the Ingredient Disclosure List established by the Governor in Council pursuant to subsection 17(1);labelVersion anglaise seulementlabel includes any mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper;manufactured articlearticle manufacturémanufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product;material safety data sheetfiche signalétiquematerial safety data sheet means a document on which words, figures or symbols disclosing the information referred to in subparagraphs 13(a)(i) to (v) may be written, printed or otherwise expressed;prescribedVersion anglaise seulementprescribed means prescribed by regulation;regulationrèglementregulation means a regulation made pursuant to subsection 15(1);supplierfournisseursupplier means a person who is a manufacturer, processor or packager of a controlled product or a person who, in the course of business, imports or sells controlled products;transmitVersion anglaise seulementtransmit means to send or convey by any physical, electronic, optical or other means;work placelieu de travailwork place has the meaning assigned by regulation.Definition of “applied”For the purposes of this Part, a label is applied to a controlled product or container in which a controlled product is packaged if the label is attached to, imprinted on, stencilled on or embossed on the controlled product or container or, in the case of a bulk shipment of a controlled product, is included with or caused to accompany the bulk shipment in the manner prescribed.
  • R.S., 1985, c. H-3, s. 11;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1999, c. 31, s. 127(E).
Application
Restrictions on applicationThis Part does not apply in respect of the sale or importation of anyexplosive within the meaning of the Explosives Act;cosmetic, device, drug or food within the meaning of the Food and Drugs Act;pest control product as defined in subsection 2(1) of the Pest Control Products Act;nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive;hazardous waste;consumer product as defined in section 2 of the Canada Consumer Product Safety Act;wood or product made of wood;tobacco or a tobacco product as defined in section 2 of the Tobacco Act; ormanufactured article.
  • R.S., 1985, c. H-3, s. 12;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1997, c. 9, s. 105, c. 13, s. 62;
  • 2002, c. 28, s. 86;
  • 2010, c. 21, s. 74.
Previous Version
Prohibitions
Prohibition re saleSubject to the Hazardous Materials Information Review Act, no supplier shall sell to any person a controlled product intended for use in a work place in Canada unlesson the sale of the controlled product, the supplier transmits to that person a material safety data sheet with respect to the controlled product that discloses the following information, namely,where the controlled product is a pure substance, the chemical identity of the controlled product and, where the controlled product is not a pure substance, the chemical identity of any ingredient thereof that is a controlled product and the concentration of that ingredient,where the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in the Ingredient Disclosure List for that ingredient, the chemical identity and concentration of that ingredient,the chemical identity of any ingredient thereof that the supplier believes on reasonable grounds may be harmful to any person and the concentration of that ingredient,the chemical identity of any ingredient thereof the toxicological properties of which are not known to the supplier and the concentration of that ingredient, andsuch other information with respect to the controlled product as may be prescribed; andthe controlled product or container in which the controlled product is packaged has applied to it a label that discloses prescribed information and has displayed on it all applicable prescribed hazard symbols.
  • R.S., 1985, c. H-3, s. 13;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1999, c. 31, s. 128(F).
Prohibition re importationSubject to the Hazardous Materials Information Review Act, no supplier shall import a controlled product intended for use in a work place in Canada unlessthe supplier obtains or prepares, on the importation of the controlled product, a material safety data sheet with respect to the controlled product that discloses the information referred to in subparagraphs 13(a)(i) to (v) and keeps the material safety data sheet available for such purposes as may be prescribed; andthe controlled product or container in which the controlled product is packaged has applied to it a label that discloses prescribed information and has displayed on it all applicable prescribed hazard symbols.
  • R.S., 1985, c. H-3, s. 14;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Regulations
RegulationsSubject to section 19, the Governor in Council may make regulationsspecifying, for each class listed in Schedule II, products, materials and substances to be included in that class;establishing, for any class listed in Schedule II, divisions or subdivisions of that class and specifying, for each controlled product included in that class, the division or subdivision into which it falls;prescribing information to be disclosed on a material safety data sheet or label;prescribing the form and manner in which information shall be disclosed on a label and the manner in which a label shall be applied to a controlled product or container in which a controlled product is packaged;prescribing hazard symbols and the manner in which hazard symbols shall be displayed on a controlled product or container in which a controlled product is packaged;exempting from the application of this Part and the regulations or any provision thereof, on such terms and conditions as may be specified in the regulations, the sale or importation of controlled products in such quantities or concentrations, in such circumstances, at such places, premises or facilities, for such purposes or in such containers as are specified in the regulations;prescribing the manner of determining any quantities or concentrations of controlled products exempted pursuant to any regulation made under paragraph (f);prescribing circumstances in which, for the purposes of paragraphs 13(a) and 14(a), a material safety data sheet may disclose, in lieu of the concentration of an ingredient of a controlled product, a range of concentration within which the concentration falls and prescribing the range of concentration that shall be disclosed on the material safety data sheet in such circumstances;defining the expressions “bulk shipment”, “hazardous waste” and “work place” for the purposes of this Part;requiring any supplier who sells or imports a controlled product intended for use in a work place in Canada to provide, as soon as is practicable in the circumstances, any information referred to in paragraph 13(a) that is in the supplier’s possession to any physician or other medical professional specified in the regulations who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency;requiring any physician or medical professional to whom information is provided by a supplier pursuant to any regulation made under paragraph (j) to keep confidential any information specified by the supplier as being confidential, except for the purpose for which it is provided;subject to the Hazardous Materials Information Review Act, requiring any supplier who sells or imports a controlled product intended for use in a work place in Canada to identify, as soon as is practicable in the circumstances, on request of any person within a class of persons specified in the regulations, the source of information for any toxicological data used in the preparation of any material safety data sheet that has been transmitted to any person by the supplier pursuant to paragraph 13(a) or has been obtained or prepared by the supplier pursuant to paragraph 14(a);prescribing any other matter or thing that by this Part is to be or may be prescribed; andgenerally for carrying out the purposes and provisions of this Part.For greater certaintyFor greater certainty, a regulation made pursuant to paragraph (1)(a) may describe a product, material or substance specified thereby to be included in a class listed in Schedule II by reference to any properties or characteristics of the product, material or substance or by reference to any other criteria and any product, material or substance that has those properties or characteristics or meets those criteria shall, for the purposes of this Act, be deemed to have been included in that class by the regulation.Incorporation by referenceA regulation made pursuant to subsection (1) incorporating a law, standard or specification by reference may incorporate that law, standard or specification as amended from time to time.
  • R.S., 1985, c. H-3, s. 15;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 1999, c. 31, s. 129.
Disclosure of generic chemical identityWhere, pursuant to the Hazardous Materials Information Review Act, a supplier is exempt from disclosing on a material safety data sheet or label the chemical identity of a controlled product or the chemical identity of any ingredient of a controlled product, the supplier shall disclose on the material safety data sheet or label the generic chemical identity of the controlled product or ingredient with as much precision as is consistent with the exemption.
  • R.S., 1985, c. H-3, s. 16;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Interim Orders
Interim orders — regulationsThe Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.Interim orders — sections 17 and 18The Minister may make an interim order in which any power referred to in sections 17 and 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.Cessation of effectAn interim order has effect from the time that it is made but ceases to have effect on the earliest of14 days after it is made, unless it is approved by the Governor in Council,the day on which it is repealed,in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, andone year after the interim order is made or any shorter period that may be specified in the interim order.Contravention of unpublished orderNo person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.Exemption from Statutory Instruments ActAn interim orderis exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; andshall be published in the Canada Gazette within 23 days after it is made.DeemingFor the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.Tabling of orderA copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.House not sittingIn order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.
  • 2004, c. 15, s. 68.
Ingredient Disclosure List
Ingredient Disclosure ListSubject to section 19, the Governor in Council may, by order,establish a list, to be known as the Ingredient Disclosure List, of products, materials and substances, any of which may be an ingredient of a controlled product; andspecify, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance included in the list.Additions, etc.Subject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure Listby adding thereto any product, material or substance;by specifying, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance added thereto pursuant to paragraph (a); andby substituting a concentration for a concentration specified for any product, material or substance included therein.DeletionsSubject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure List by deleting therefrom any product, material or substance, and the concentration specified for that product, material or substance, if the Governor in Council is satisfied that the inclusion of the product, material or substance in the Ingredient Disclosure List is no longer necessary.CriteriaThe Governor in Council shall, in making any order pursuant to subsection (1), (2) or (3), be guided by the health and safety criteria for ingredient disclosure established by the Minister after consultation by the Minister with the government of each province and with such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate.
  • R.S., 1985, c. H-3, s. 17;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Amendments to Schedule II
Amendments to Schedule IISubject to section 19, the Governor in Council may, by order, amend Schedule II.Tabling of ordersThe Minister shall cause a copy of each order made pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the order is made.Revocation of order by resolutionIf both Houses of Parliament resolve that an order or any part of an order made pursuant to subsection (1) should be revoked, the order or that part thereof is thereupon revoked.
  • R.S., 1985, c. H-3, s. 18;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Consultation
ConsultationA regulation under subsection 15(1) or an order under section 17 or 18 may be made by the Governor in Council only on the recommendation of the Minister made after consultation by the Minister with the government of each province and with such organizations representative of workers, organizations representative of employers and organizations representative of suppliers as the Minister deems appropriate.
  • R.S., 1985, c. H-3, s. 19;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Disclosure
Minister’s request for disclosureWhere the Minister has reason to believe that a product, material or substance is a product, material or substance that may be included in a class listed in Schedule II by a regulation made pursuant to paragraph 15(1)(a), the Minister may, by registered mail, send a written notice to any person who is engaged in the business of manufacturing, processing, importing, packaging or selling the product, material or substance requesting the disclosure of information relating to the formula, composition, chemical ingredients or hazardous properties of the product, material or substance and such other information as the Minister deems necessary for the purpose of determining whether the product, material or substance is or may be a danger to the health or safety of any person who may handle it in a work place or be exposed to it in a work place.DisclosureEvery person to whom a notice referred to in subsection (1) is sent shall disclose to the Minister, in the manner and within the period specified by the Minister in the notice, any information described in that subsection that is requested in the notice and is in the possession of the person.Information privilegedSubject to subsection (4), information received by the Minister from a person pursuant to subsection (1) is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except as may be necessary for the administration or enforcement of this section or for the purposes of section 15.IdemThe Minister shall not, when consulting with the government of a province or an organization of workers, organization of employers or organization of suppliers pursuant to section 19, for the purposes of section 15, disclose the name of any person from whom the Minister has received information pursuant to subsection (1) or any of such information that is specified, in writing, by the person as being confidential.
  • R.S., 1985, c. H-3, s. 20;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
ADMINISTRATION AND ENFORCEMENTInspectors and Analysts
Inspectors and analystsThe Minister may designate as an inspector or analyst for the purposes of this Act any person who, in the Minister’s opinion, is qualified to be so designated.Certificate to be producedThe Minister shall furnish every inspector with a certificate of designation and, on entering any place pursuant to subsection 22(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
  • R.S., 1985, c. H-3, s. 21;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Search, Seizure and Forfeiture
Powers of inspectorsAn inspector may at any reasonable time enter any place where the inspector believes on reasonable grounds any hazardous product is manufactured, prepared, preserved, processed, packaged, sold or stored for sale, processing or packaging andexamine any product, material or substance that the inspector believes on reasonable grounds is a hazardous product and take samples thereof, and examine any other thing that the inspector believes on reasonable grounds is used or is capable of being used for the manufacture, preparation, preservation, processing, packaging, sale or storage of a hazardous product;open and examine any receptacle or package that the inspector believes on reasonable grounds contains any hazardous product;examine any books, records or other documents that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or of any portion thereof;where the inspector believes on reasonable grounds that any computer system on the premises contains data relevant to the enforcement of this Act or that such data is available to the computer system, use the computer system or cause it to be used to search any data contained in or available to the computer system, reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and seize the printout or other output for examination or copying; andseize any product, material or substance, or any labelling, advertising material or other thing, by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or of any regulation made under this Act has been contravened or has not been complied with.Assistance to inspectorsThe owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector such assistance and furnish the inspector with such information as the inspector may, for the purpose of exercising the powers referred to in paragraphs (1)(a) to (e), reasonably require them to give or furnish.Certain information privilegedAll information that, pursuant to the Hazardous Materials Information Review Act, a supplier is exempt from disclosing under paragraph 13(a) or (b) or 14(a) or (b) and that is obtained by an inspector who is admitted to any place pursuant to the powers conferred on an inspector by subsection (1) is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of the administration and enforcement of this Act.
  • R.S., 1985, c. H-3, s. 22;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
ObstructionNo person shall obstruct, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out any duties or functions under this Act or any regulation made under this Act.InterferenceExcept with the authority of an inspector, no person shall remove, alter or interfere in any way with any thing seized under this Act by an inspector.
  • R.S., 1985, c. H-3, s. 23;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Storage and removalAny thing seized under this Act may at the option of an inspector be kept or stored in the place where it was seized, or be removed to any other proper place by or at the direction of an inspector.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Application for restorationWhere any product, material, substance or other thing has been seized under this Act, any person may, within two months after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister by registered mail addressed to the Minister at Ottawa, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order of restoration under subsection (3).Notice to MinisterThe notice referred to in subsection (1) shall be mailed at least fifteen clear days prior to the day on which the application is to be made to the provincial court judge and shall specifythe provincial court judge to whom the application is to be made;the place where and the time when the application is to be heard;the product, material, substance or other thing in respect of which the application is to be made; andthe evidence on which the applicant intends to rely to establish that the applicant is entitled to possession of the thing in respect of which the application is to be made.Order of immediate restorationSubject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfiedthat the applicant is entitled to possession of the product, material, substance or other thing seized, andthat the thing seized is not and will not be required as evidence in any proceedings in respect of an offence under section 28,the judge shall order that the thing seized be restored forthwith to the applicant.Order of later restorationSubject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing seized but is not satisfied with respect to the matters mentioned in paragraph (3)(b), the judge shall order that the thing seized be restored to the applicanton the expiration of four months after the date of the seizure if no proceedings in respect of an offence under section 28 have been commenced before that time; oron the final conclusion of any such proceedings in any other case.Where no application madeWhere no application has been made under subsection (1) for the restoration of any product, material, substance or other thing seized under this Act within two months after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing seized shall be delivered to the Minister who may make such disposition of it as the Minister thinks fit.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Forfeiture of hazardous productWhere a person has been convicted of an offence under section 28, any hazardous product seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty and shall be disposed of as the Minister directs.Destruction with consentWhere an inspector has seized a hazardous product under this Act and the owner thereof or the person in whose possession the product was at the time of seizure consents in writing to its destruction, the hazardous product is forfeited to Her Majesty and shall be destroyed or otherwise disposed of as the Minister directs.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Regulations
RegulationsThe Governor in Council may make regulationsrespecting the powers and duties of inspectors and analysts and the taking of samples and the seizure, detention, forfeiture and disposition of products, materials, substances and other things; andgenerally for carrying out the purposes and provisions of this Part.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Interim Orders
Interim ordersThe Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.Cessation of effectAn interim order has effect from the time that it is made but ceases to have effect on the earliest of14 days after it is made, unless it is approved by the Governor in Council,the day on which it is repealed,the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, andone year after the interim order is made or any shorter period that may be specified in the interim order.Contravention of unpublished orderNo person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.Exemption from Statutory Instruments ActAn interim orderis exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; andshall be published in the Canada Gazette within 23 days after it is made.DeemingFor the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.Tabling of orderA copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.House not sittingIn order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
  • 2004, c. 15, s. 69.
Offence, Punishment and Procedure
Contravening or not complying with Act or regulationEvery person who contravenes or fails to comply with any provision of this Act or of any regulation made under this Actis guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; oris guilty of an indictable offence and liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both.Officers, etc., of corporationsWhere a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.Limitation periodProceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Exception, etc., need not be mentionedNo exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under section 28 of this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under section 28.Burden of proofIn any prosecution for an offence mentioned in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, excuse or qualification does not operate in favour of the accused, whether or not it is set out in the information or indictment.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Certificate of analystSubject to this section, a certificate of an analyst stating that the analyst has analysed or examined a product, material or substance and stating the result of the analysis or examination is admissible in evidence in any prosecution for an offence mentioned in subsection 29(1) and in the absence of any evidence to the contrary is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.Attendance of analystThe party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.NoticeNo certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
Trial of offenceA complaint or information in respect of an offence under section 28 may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.
  • R.S., 1985, c. 24 (3rd Supp.), s. 1.
[Repealed, 2010, c. 21, s. 75]Previous Version(Section 2)Class A - Compressed GasClass B - Flammable and Combustible MaterialClass C - Oxidizing MaterialClass D - Poisonous and Infectious MaterialClass E - Corrosive MaterialClass F - Dangerously Reactive Material
  • R.S., 1985, c. 24 (3rd Supp.), s. 2.
RELATED PROVISIONS — R.S., 1985, c. 24 (3rd Supp.), s. 57
Review by ParliamentOn the expiration of two years after the coming into force of section 12 of the Hazardous Products Act, as enacted by this Act, that section shall stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose and the committee shall, as soon as practicable thereafter, undertake a comprehensive review of the exemptions provided by that section and shall, within one year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report thereon to Parliament including any recommendations pertaining to the continuation of any of those exemptions.
 — 1996, c. 8, s. 32(2)