Version of document from 2011-06-20 to 2015-02-10:

Hazardous Products Act

R.S.C., 1985, c. H-3

An Act to prohibit the advertising, sale and importation of hazardous products

Short Title

Marginal note:Short title

 This Act may be cited as the Hazardous Products Act.

  • R.S., c. H-3, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

advertise

advertise[Repealed, 2010, c. 21, s. 72]

analyst

analyste

analyst means any person designated as an analyst under the Food and Drugs Act or pursuant to subsection 21(1); (analyste)

controlled product

controlled product[Repealed, 2010, c. 21, s. 72]

controlled product or hazardous product

produit contrôlé ou produit dangereux

controlled 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; (produit contrôlé ou produit dangereux)

hazardous product

hazardous product[Repealed, 2010, c. 21, s. 72]

import

importer

import means to import into Canada; (importer)

inspector

inspecteur

inspector means any person designated as an inspector pursuant to subsection 21(1); (inspecteur)

Minister

ministre

Minister means the Minister of Health; (ministre)

prohibited product

prohibited product[Repealed, 2010, c. 21, s. 72]

restricted product

restricted product[Repealed, 2010, c. 21, s. 72]

sell

vendre

sell includes offer for sale, expose for sale and distribute. (vendre)

  • 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.

PART I[Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

 [Repealed, 2010, c. 21, s. 73]

PART IIControlled Products

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    bulk shipment

    expédition en vrac

    bulk shipment has the meaning assigned by regulation; (expédition en vrac)

    container

    contenant

    container includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank; (contenant)

    hazard symbol

    signal de danger

    hazard 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; (signal de danger)

    hazardous waste

    résidu dangereux

    hazardous waste has the meaning assigned by regulation; (résidu dangereux)

    Ingredient Disclosure List

    liste de divulgation des ingrédients

    Ingredient Disclosure List means the Ingredient Disclosure List established by the Governor in Council pursuant to subsection 17(1); (liste de divulgation des ingrédients)

    label

    Version anglaise seulement

    label includes any mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper; (Version anglaise seulement)

    manufactured article

    article manufacturé

    manufactured 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; (article manufacturé)

    material safety data sheet

    fiche signalétique

    material 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; (fiche signalétique)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulation; (Version anglaise seulement)

    regulation

    règlement

    regulation means a regulation made pursuant to subsection 15(1); (règlement)

    supplier

    fournisseur

    supplier 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; (fournisseur)

    transmit

    Version anglaise seulement

    transmit means to send or convey by any physical, electronic, optical or other means; (Version anglaise seulement)

    work place

    lieu de travail

    work place has the meaning assigned by regulation. (lieu de travail)

  • Definition of applied

    (2) 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

Marginal note:Restrictions on application

 This Part does not apply in respect of the sale or importation of any

  • 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.

Prohibitions

Marginal note:Prohibition re sale

 Subject 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 unless

  • (a) on 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,

    • (i) 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,

    • (ii) 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,

    • (iii) 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,

    • (iv) the chemical identity of any ingredient thereof the toxicological properties of which are not known to the supplier and the concentration of that ingredient, and

    • (v) such other information with respect to the controlled product as may be prescribed; and

  • (b) the 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).
Marginal note:Prohibition re importation

 Subject to the Hazardous Materials Information Review Act, no supplier shall import a controlled product intended for use in a work place in Canada unless

  • (a) the 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; and

  • (b) the 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

Marginal note:Regulations
  •  (1) Subject to section 19, the Governor in Council may make regulations

    • (a) specifying, for each class listed in Schedule II, products, materials and substances to be included in that class;

    • (b) 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;

    • (c) prescribing information to be disclosed on a material safety data sheet or label;

    • (d) 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;

    • (e) 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;

    • (f) 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;

    • (g) prescribing the manner of determining any quantities or concentrations of controlled products exempted pursuant to any regulation made under paragraph (f);

    • (h) 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;

    • (i) defining the expressions bulk shipment, hazardous waste and work place for the purposes of this Part;

    • (j) 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;

    • (k) 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;

    • (l) 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);

    • (m) prescribing any other matter or thing that by this Part is to be or may be prescribed; and

    • (n) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:For greater certainty

    (2) For 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.

  • Marginal note:Incorporation by reference

    (3) A 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.
Marginal note:Disclosure of generic chemical identity

 Where, 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

Marginal note:Interim orders — regulations
  •  (1) The 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.

  • Marginal note:Interim orders — sections 17 and 18

    (2) The 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.

  • Marginal note:Cessation of effect

    (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) 14 days after it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) 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, and

    • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

  • Marginal note:Contravention of unpublished order

    (4) No 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.

  • Marginal note:Exemption from Statutory Instruments Act

    (5) An interim order

  • Marginal note:Deeming

    (6) For 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.

  • Marginal note:Tabling of order

    (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

  • Marginal note:House not sitting

    (8) In 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

Marginal note:Ingredient Disclosure List
  •  (1) Subject to section 19, the Governor in Council may, by order,

    • (a) 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; and

    • (b) specify, for the purposes of paragraphs 13(a) and 14(a), a concentration for each product, material or substance included in the list.

  • Marginal note:Additions, etc.

    (2) Subject to section 19, the Governor in Council may, by order, amend the Ingredient Disclosure List

    • (a) by adding thereto any product, material or substance;

    • (b) 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); and

    • (c) by substituting a concentration for a concentration specified for any product, material or substance included therein.

  • Marginal note:Deletions

    (3) Subject 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.

  • Marginal note:Criteria

    (4) The 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

Marginal note:Amendments to Schedule II
  •  (1) Subject to section 19, the Governor in Council may, by order, amend Schedule II.

  • Marginal note:Tabling of orders

    (2) The 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.

  • Marginal note:Revocation of order by resolution

    (3) If 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

Marginal note:Consultation

 A 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

Marginal note:Minister’s request for disclosure
  •  (1) Where 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.

  • Marginal note:Disclosure

    (2) Every 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.

  • Marginal note:Information privileged

    (3) Subject 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.

  • Marginal note:Idem

    (4) The 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.

PART IIIAdministration and Enforcement

Inspectors and Analysts

Marginal note:Inspectors and analysts
  •  (1) The 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.

  • Marginal note:Certificate to be produced

    (2) The 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

Marginal note:Powers of inspectors
  •  (1) An 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 and

    • (a) examine 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;

    • (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any hazardous product;

    • (c) 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;

    • (d) 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; and

    • (e) seize 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.

  • Marginal note:Assistance to inspectors

    (2) The 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.

  • Marginal note:Certain information privileged

    (3) All 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.
Marginal note:Obstruction
  •  (1) No 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.

  • Marginal note:Interference

    (2) Except 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.
Marginal note:Storage and removal

 Any 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.
Marginal note:Application for restoration
  •  (1) Where 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).

  • Marginal note:Notice to Minister

    (2) The 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 specify

    • (a) the provincial court judge to whom the application is to be made;

    • (b) the place where and the time when the application is to be heard;

    • (c) the product, material, substance or other thing in respect of which the application is to be made; and

    • (d) the 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.

  • Marginal note:Order of immediate restoration

    (3) Subject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied

    • (a) that the applicant is entitled to possession of the product, material, substance or other thing seized, and

    • (b) that 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.

  • Marginal note:Order of later restoration

    (4) Subject 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 applicant

    • (a) on 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; or

    • (b) on the final conclusion of any such proceedings in any other case.

  • Marginal note:Where no application made

    (5) Where 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.
Marginal note:Forfeiture of hazardous product
  •  (1) Where 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.

  • Marginal note:Destruction with consent

    (2) Where 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

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting 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; and

  • (b) generally for carrying out the purposes and provisions of this Part.

  • R.S., 1985, c. 24 (3rd Supp.), s. 1.

Interim Orders

Marginal note:Interim orders
  •  (1) The 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.

  • Marginal note:Cessation of effect

    (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) 14 days after it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and

    • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

  • Marginal note:Contravention of unpublished order

    (3) No 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.

  • Marginal note:Exemption from Statutory Instruments Act

    (4) An interim order

  • Marginal note:Deeming

    (5) For 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.

  • Marginal note:Tabling of order

    (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

  • Marginal note:House not sitting

    (7) In 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

Marginal note:Contravening or not complying with Act or regulation
  •  (1) Every person who contravenes or fails to comply with any provision of this Act or of any regulation made under this Act

    • (a) is 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; or

    • (b) is 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.

  • Marginal note:Officers, etc., of corporations

    (2) Where 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.

  • Marginal note:Limitation period

    (3) Proceedings 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.
Marginal note:Exception, etc., need not be mentioned
  •  (1) No 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.

  • Marginal note:Burden of proof

    (2) In 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.
Marginal note:Certificate of analyst
  •  (1) Subject 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.

  • Marginal note:Attendance of analyst

    (2) The 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.

  • Marginal note:Notice

    (3) No 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.
Marginal note:Trial of offence

 A 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.

SCHEDULE I

[Repealed, 2010, c. 21, s. 75]

SCHEDULE II(Section 2)

  • Class A - Compressed Gas
  • Class B - Flammable and Combustible Material
  • Class C - Oxidizing Material
  • Class D - Poisonous and Infectious Material
  • Class E - Corrosive Material
  • Class F - Dangerously Reactive Material
  • R.S., 1985, c. 24 (3rd Supp.), s. 2.
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