Hazardous Products Act (R.S.C., 1985, c. H-3)

Act current to 2018-07-05 and last amended on 2018-05-23. Previous Versions

Marginal note:Warrant or consent required to enter dwelling-house
  •  (1) If the place mentioned in subsection 22(1) is a dwelling-house, an inspector is not authorized to enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the individual who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

    • (a) the dwelling-house is a place described in subsection 22(1);

    • (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 22(1); and

    • (c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

  • Marginal note:Use of force

    (3) In executing a warrant issued under subsection (2), the inspector shall not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.

  • Marginal note:Telewarrant

    (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), the warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

  • 2014, c. 20, s. 123.
Marginal note:Seizure

 An inspector may seize and detain anything that they have reasonable grounds to believe

  • (a) was used in the contravention of any provision of this Act or of the regulations; or

  • (b) is something in relation to which a provision of this Act or of the regulations was contravened.

  • 2014, c. 20, s. 123.
Marginal note:Certain information privileged

 All information that, under the Hazardous Materials Information Review Act, a supplier is exempt from disclosing under this Act and that is obtained by an inspector in the exercise of their powers or the performance of their duties or functions under this Act 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.

  • 2014, c. 20, s. 123.
Marginal note:Analysis and examination
  •  (1) An inspector may submit to an analyst, for analysis or examination, anything seized by the inspector, or any sample of it, or any samples taken by the inspector.

  • Marginal note:Certificate or report

    (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.

  • 2014, c. 20, s. 123.
Marginal note:Obstruction

 No person shall obstruct, or provide false or misleading information either orally or in writing to, an inspector while the inspector is exercising powers or performing duties or functions under the provisions of this Act or of the regulations.

  • R.S., 1985, c. H-3, s. 23;
  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 123.

Dealing with Seized Things

Marginal note:Storage of seized things
  •  (1) An inspector who seizes a thing under this Act may

    • (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it at the place where it was seized or move it to, and store it at, another place; or

    • (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it at their expense at the place where it was seized or to move it to, and store it at, another place at their expense.

  • Marginal note:Interference

    (2) Except with the authorization of an inspector, no person shall remove, alter or interfere in any way with a thing seized under this Act by an inspector.

  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 123.
Marginal note:Release of seized things

 An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and of the regulations that relate to it have been complied with.

  • 2014, c. 20, s. 123.
Marginal note:Application for restoration
  •  (1) If a thing has been seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may, within 120 days after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister, 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 delivered to the Minister at Ottawa at least 30 clear days before the day on which the application to the provincial court judge is to be made, by means of registered mail, a method of courier service that provides a record of delivery and requires a signature on delivery, or any other prescribed method, and shall specify

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

    • (b) the place and time at which the application is to be heard;

    • (c) the 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

      • (i) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure, and

      • (ii) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened.

  • Marginal note:Order of restoration

    (3) Subject to section 26, the provincial court judge shall order that the thing seized be restored without delay to the applicant if, on the hearing of an application made under subsection (1), the judge is satisfied that

    • (a) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure;

    • (a.1) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened; and

    • (b) the thing is not and will not be required as evidence in any proceedings in respect of an offence under section 28.

  • Marginal note:No application for restoration

    (4) If no application has been made under subsection (1) for the restoration of a thing seized under this Act within 120 days after the date of the seizure, the Minister may dispose of it, at the expense of its owner or the person having possession, care or control of it at the time of its seizure, as the Minister thinks fit.

  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 123.
Marginal note:Forfeiture  — conviction for offence
  •  (1) If a person has been convicted of an offence under section 28, the court may order that a thing seized under this Act by means of or in respect of which the offence was committed be forfeited to Her Majesty in right of Canada. The thing forfeited may be disposed of, as the Minister directs, at the expense of its owner, the person who was entitled to possession of it at the time of its seizure or the person who has been convicted of the offence.

  • Marginal note:Forfeiture  — consent of owner

    (2) If the owner of a thing seized under this Act consents in writing to its forfeiture, the thing is forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of its owner, as the Minister directs.

  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 123.

Removal or Forfeiture of Unlawful Imports

Marginal note:Unlawful imports
  •  (1) An inspector who has reasonable grounds to believe that an imported hazardous product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or of the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.

  • Marginal note:Factors

    (2) In making a decision under subsection (1), the inspector shall consider, among other factors

    • (a) whether the hazardous product endangers human health or safety; and

    • (b) any other prescribed factors.

  • Marginal note:Duty of inspector

    (3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the hazardous product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

  • Marginal note:Measures that may be taken and notice

    (4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the hazardous product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

  • Marginal note:Forfeiture

    (5) If a person is notified under subsection (4) that they may consent to the forfeiture of the hazardous product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

  • 2016, c. 9, s. 15.
 
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