Marginal note:Regulations

• 13. (1) The Governor in Council may make regulations

  • (a) prescribing classes of radiation emitting devices for the purposes of this Act;

  • (b) prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting persons against genetic or personal injury, impairment of health or death from radiation;

  • (c) exempting any radiation emitting device or class of radiation emitting device from the application of all or any of the provisions of this Act or the regulations and prescribing the conditions of that exemption;

  • (d) respecting the labelling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting persons against genetic or personal injury, impairment of health or death from radiation;

  • (e) prescribing the information that must be shown on any label or package and the manner in which that information must be shown;

  • (f) requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act and the regulations;

  • (g) prescribing the content of and the method of sending the notification required by subsection 6(1);

  • (h) respecting the powers and duties of inspectors and analysts and the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices; and

  • (i) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), a copy of every regulation that the Governor in Council proposes to make pursuant to paragraph (1)(a), (b), (c), (d) or (e) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to manufacturers, importers, distributors and other interested persons to make representations to the Minister with respect thereto.

• Marginal note:Exceptions

  (3) Subsection (2) does not apply in respect of a proposed regulation that

  • (a) has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or

  • (b) makes no material substantive change in an existing regulation.

Marginal note:Interim orders

• 13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act 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 Act, 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

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Deeming

  (5) For the purpose of any provision of this Act other than this section and subsection 13(2), 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.