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

Act current to 2017-12-11 and last amended on 2016-12-12. Previous Versions

Offence, Punishment and Procedure

Marginal note:Offence
  •  (1) Every person who contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable

    • (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

    • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

  • Marginal note:Defence of due diligence

    (1.1) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

  • Marginal note:Offence  —  fault

    (1.2) Every person who knowingly or recklessly contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable

    • (a) on conviction on indictment, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

    • (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

  • Marginal note:Parties to offence

    (2) If a person other than an individual commits an offence under subsection (1) or (1.2), an officer, director, or agent or mandatary, of the person 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 person has been prosecuted or convicted.

  • Marginal note:Limitation period

    (3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(b) or (1.2)(b) may be instituted at any time within two years after the day on which the subject matter of the proceedings arises.

  • Marginal note:Sentencing considerations

    (4) A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the harm or risk of harm caused by the commission of the offence.

  • Marginal note:Proof of offence

    (5) In a prosecution for an offence under subsection (1) or (1.2), it is sufficient proof of the offence to establish that it was committed by an employee, or agent or mandatary, of the accused, even if the employee, or agent or mandatary, is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.

  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 125.
Marginal note:Continuing offence

 If an offence under section 28 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

  • 2014, c. 20, s. 125.
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:Analyst’s certificate
  •  (1) Subject to this section, a certificate of an analyst stating that the analyst has analysed or examined a product, mixture, 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;
  • 2014, c. 20, s. 126.
Marginal note:Self-incrimination

 The information and results contained in the documents that a person provides under an order made under section 20 may not be used or received to incriminate the person in any proceeding against them in respect of an offence under this Act.

  • 2014, c. 20, s. 127.
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 of the peace if the accused is resident within, is carrying on business within or happens to be within the territorial jurisdiction of the provincial court judge or justice of the peace, although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • R.S., 1985, c. 24 (3rd Supp.), s. 1;
  • 2014, c. 20, s. 127.
 
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