Marginal note:Seizure by inspector

• 50. (1) An inspector who enters a place or conveyance under section 47 may seize any material or information by means of which, or in relation to which, the inspector believes on reasonable grounds this Act has been contravened.

• Marginal note:Storage and removal

  (2) An inspector may direct that seized material or information be kept or stored in the place where it was seized or be removed to any other proper place.

Marginal note:Application for restoration

• 51. (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends the Agency a notice containing the information prescribed by the regulations within the time and in the manner prescribed in the regulations.

• Marginal note:Order of restoration

  (2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that

  • (a) the applicant is entitled to possession of it; and

  • (b) it will not be required as evidence in any proceedings under this Act.

• Marginal note:Order of later restoration

  (3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant

  • (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or

  • (b) on the final conclusion of proceedings under this Act.

• Marginal note:Exception

  (4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2).

Marginal note:Forfeiture

• 52. (1) If no application is made under subsection 51(1) for the restoration of seized material or information within 60 days 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 material or information is forfeited to Her Majesty.

• Marginal note:Forfeiture with consent

  (2) Where an inspector has seized material or information and the owner or the person in whose possession it was at the time of the seizure consents in writing to its forfeiture, the material or information is forfeited to Her Majesty.

• Marginal note:Disposal

  (3) Subject to section 54, the Agency may dispose of material or information forfeited to Her Majesty in any manner that the Agency directs.

Marginal note:Search and seizure under warrant

• 53. (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act.

• Marginal note:Where warrant not necessary

  (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.

Marginal note:Maintaining viable gametes and embryos

• 54. (1) The Agency shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code pending its disposition.

• Marginal note:Disposal of material

  (2) The Agency may not dispose of human reproductive material, an in vitro embryo, a foetus or any part of an in vitro embryo or foetus unless

  • (a) the Agency has obtained the consent of the donor, in the case of human reproductive material, or the consent of the responsible person as defined in the regulations, in any other case; or

  • (b) it is disposed of in the manner prescribed by the regulations, if the Agency is not reasonably able to identify or to contact the donor or responsible person.

• Marginal note:Return to donor

  (3) If a donor or responsible person does not provide consent under subsection (2), the Agency may return the material to the donor or responsible person or may dispose of it in the manner prescribed by the regulations.

Marginal note:Designation of analysts

55. The Agency may designate any person as an analyst for the purpose of the enforcement of this Act.

Marginal note:Analysis and examination

• 56. (1) An inspector may submit to an analyst, for analysis or examination, any material or information seized 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.

Marginal note:Certificate of analyst

• 57. (1) Subject to subsections (2) and (3), in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst, stating that any material or information has been analysed or examined by the analyst and stating the results of the analysis or examination, is admissible in evidence and, in the absence of 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 it.

• Marginal note:Requiring attendance of analyst

  (2) The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate shall be admitted in evidence under subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Marginal note:Agreements for enforcement

58. The Agency may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the enforcement of this Act.

Marginal note:Assistance to enforcement officers

59. The Agency may provide assistance to the Attorney General of Canada or a province, or to a peace officer or prosecutor as those terms are defined in the Criminal Code, in the investigation and prosecution of any offence under this Act.

OFFENCES

Marginal note:Offence and punishment

60. A person who contravenes any of sections 5 to 9 is guilty of an offence and

• (a) is liable, on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or

• (b) is liable, on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both.

Marginal note:Offence and punishment

61. A person who contravenes any provision of this Act, other than sections 5 to 9, or the regulations is guilty of an offence and

• (a) is liable, on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or

• (b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Court orders

62. A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may

• (a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or

• (b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court's opinion, may lead to the commission of an offence under this Act.

Marginal note:Consent of Attorney General

63. A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada.

Marginal note:Notice to interested authorities

64. The Agency may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct.

REGULATIONS

Marginal note:Regulations of Governor in Council

• 65. (1) The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations

  • (a) defining “donor”, in relation to an in vitro embryo;

  • (b) for the purposes of section 8, respecting the giving of consent for the use of human reproductive material or an in vitro embryo or for the removal of human reproductive material;

  • (c) for the purposes of sections 10 and 11, designating controlled activities or classes of controlled activities that may be authorized by a licence;

  • (d) for the purposes of section 11, specifying parts or proportions of the human genome, and parts of the genome of any species;

  • (e) for the purposes of subsection 12(1), respecting the reasonable expenditures that may be reimbursed under a licence;

  • (e.1) for the purposes of subsection 12(3), respecting the reimbursement of a loss of income;

  • (f) respecting the conduct of controlled activities or any class of controlled activities and the use of facilities and equipment in controlled activities;

  • (g) respecting the number of children that may be created from the gametes of one donor through the application of assisted reproduction procedures;

  • (h) respecting the terms and conditions of licences;

  • (i) respecting the issuance of licences for clinical trials referred to in subsection 40(3) and the conduct of clinical trials, including the giving of consent by donors of human reproductive material or in vitro embryos and persons undergoing assisted reproduction procedures;

  • (j) respecting the qualifications for licences for controlled activities or any class of controlled activities;

  • (k) respecting the issuance, amendment, renewal, suspension, restoration and revocation of licences;

  • (l) respecting the information to be provided in respect of applications for a licence or for the renewal or amendment of a licence;

  • (m) respecting the identification and labelling of human reproductive materials and in vitro embryos used in controlled activities;

  • (n) respecting the creation and maintenance of records by a licensee, and access to them by the Agency;

  • (o) respecting the collection, use and disclosure of health reporting information, including the health reporting information collected under subsection 14(1) and disclosed under section 15;

  • (p) respecting the counselling services referred to in paragraph 14(2)(b);

  • (q) respecting the providing of information under paragraph 14(2)(d);

  • (r) respecting the reporting to the Agency of information obtained by a licensee under this Act;

  • (s) for the purposes of paragraph 15(2)(d) or 18(5)(b), specifying the provisions of any federal or provincial law;

  • (s.1) respecting the notification of the Agency under subsection 15(3.1);

  • (t) for the purposes of subsection 16(2) or (3), respecting the destruction of health reporting information, human reproductive material or in vitro embryos;

  • (u) for the purposes of paragraph 18(6)(c), identifying professional licensing and disciplinary bodies;

  • (v) prescribing the information to be made available under section 19 and the manner of its availability for inspection by the public;

  • (w) for the purposes of subsection 46(1), specifying the qualifications of inspectors;

  • (x) respecting the treatment and disposition of material or information seized under this Act or the Criminal Code;

  • (y) for the purposes of subsection 51(1), prescribing the information and the time and manner of sending it;

  • (z) for the purposes of subsection 54(2) or (3), defining “responsible person” and prescribing the manner of disposing of human reproductive material, an in vitro embryo, a foetus or any part of an in vitro embryo or foetus;

  • (z.1) for the purposes of section 71, fixing a day; and

  • (z.2) exempting controlled activities or classes of controlled activities, generally or in circumstances prescribed by the regulations, from the provisions of this Act, subject to any terms and conditions prescribed in the regulations.

• Marginal note:Incorporation by reference

  (2) The regulations may incorporate any document by reference, regardless of its source, either as it reads on a particular date or as it is amended from time to time.

• Marginal note:Documents in one language

  (3) Where a document that is available in both official languages has been incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version.

• Marginal note:Statutory Instruments Act

  (4) A document does not become a regulation within the meaning of the Statutory Instruments Act merely because it is incorporated by reference.

Marginal note:Proposed regulations to be laid before Parliament

• 66. (1) Before a regulation is made under section 65, the Minister shall lay the proposed regulation before each House of Parliament.

• Marginal note:Report by committee

  (2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee may review the proposed regulation and report its findings to the House.

• Marginal note:Standing Committee on Health

  (2.1) The committee of the House of Commons referred to in subsection (2) shall be the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House.

• Marginal note:Making of regulations

  (3) A regulation may not be made before the earliest of

  • (a) 30 sitting days after the proposed regulation is laid before Parliament,

  • (b) 160 calendar days after the proposed regulation is laid before Parliament, and

  • (c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation.

• Marginal note:Explanation

  (4) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it.

• Marginal note:Alteration

  (5) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.

Marginal note:Exceptions

• 67. (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that

  • (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 66 should not apply in the circumstances; or

  • (b) the regulation must be made immediately in order to protect the health or safety of any person.

• Marginal note:Notice of opinion

  (2) If a regulation is made without being laid before Parliament, the Minister shall lay before each House of Parliament a statement of the Minister's reasons.

EQUIVALENCY AGREEMENTS

Marginal note:Non-application of provisions in a province

• 68. (1) The Governor in Council may, by order, declare that any or all of sections 10 to 16, 46 to 53 and 61 and any corresponding provisions of the regulations do not apply in a province, except in respect of Her Majesty in right of Canada, if the Minister and the government of that province agree in writing that there are law of the province in force that are equivalent to those sections and the correcponding provisions of the regulations.

• Marginal note:Term of agreement

  (2) An agreement made under subsection (1) shall be for a period of five years, or any shorter period agreed to by the parties, but may be renewed.

• Marginal note:Protection of human health and safety

  (3) An order under subsection (1) does not prevent the Agency from taking measures under section 44.

• Marginal note:Adaptation of this Act

  (4) Where an order has been made under subsection (1) in respect of a province, any person carrying on an activity in the province that would be a controlled activity under this Act shall obtain health reporting information in accordance with section 14 and disclose it under paragraph 15(2)(a) as if the person were a licensee under this Act, and sections 17 and 18 apply in respect of that health reporting information.

• Marginal note:Transitional

  (5) When provisions of this Act cease to apply in a province by virtue of this section, a licence issued in respect of a person or premises in the province continues in effect in that province as if it were issued under provincial law.