Marginal note:Amendment and renewal of licences

41. The Agency may, in accordance with the regulations, amend a licence or renew an expiring licence, with or without amendment.

Marginal note:Amendment, suspension or revocation for cause

42. The Agency may, in accordance with the regulations, amend, suspend or revoke the licence of a licensee who contravenes this Act or the regulations or the terms and conditions of the licence or who fails to comply with any measures ordered to be taken under this Act, and may prescribe conditions for the restoration of a suspended licence.

Marginal note:Matters to be considered

• 43. (1) In exercising its powers under sections 40 to 42, the Agency may take into account information and observations offered by any person and may seek the advice of persons having expertise related to the application or of persons representative of any interest affected by the application.

• Marginal note:Disclosure

  (2) Subject to subsection (3), the Agency shall, on request, disclose the information and observations provided under subsection (1) unless the disclosure would, in the Agency's opinion, pose a risk to the health or safety of any person.

• Marginal note:Identifying information

  (3) The identity of — or information that can reasonably be expected to be used in the identification of — a donor of human reproductive material or an in vitro embryo, a person who has undergone an assisted reproduction procedure or a person who was conceived by means of such a procedure may not be disclosed except to an applicant or licensee who, in the Agency's opinion, requires the information to support an application.

• Marginal note:Immunity

  (4) No civil or criminal proceedings may be brought against any person for offering information and observations in good faith under subsection (1).

Marginal note:Threats to health or safety

• 44. (1) The Agency may take, or order any person to take, all reasonable measures that the Agency considers necessary to prevent, reduce or mitigate any threat to human health or safety that results, or may reasonably be expected to result, from a controlled activity.

• Marginal note:Entry and management

  (2) For the purposes of taking measures referred to in subsection (1), the Agency may authorize an inspector designated under section 46 to enter the premises where the controlled activity is being undertaken and to assume the management of those premises and that activity.

• Marginal note:Recovery of costs

  (3) Any costs incurred by an inspector acting under this section shall be borne by the person who holds the licence in respect of the controlled activity or premises and, until paid, those costs are recoverable in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada.

• Marginal note:Personal liability

  (4) No person acting under this section is personally liable for so acting, either civilly or criminally, unless it is established that the person acted in bad faith.

INSPECTION AND ENFORCEMENT

Marginal note:Definitions

45. The following definitions apply in sections 47 to 62 and 65.

“information”

« document »

“information” means information that is recorded in any form.

“material”

« matériel »

“material” means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing.

Marginal note:Designation of inspectors

• 46. (1) The Agency may designate any person employed by the government of Canada or of a province, or having the qualifications specified in the regulations, as an inspector for the purpose of the enforcement of this Act.

• Marginal note:Certificates to be produced

  (2) An inspector shall be given a certificate in a form established by the Agency attesting to the inspector's designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance.

Marginal note:Entry by inspectors

• 47. (1) Subject to section 48, an inspector may at any reasonable time enter any place or conveyance in which the inspector believes on reasonable grounds that a controlled activity is undertaken or that there is any material or information in respect of which this Act applies or any information pertaining to a controlled activity.

• Marginal note:Inspection

  (2) An inspector entering a place or conveyance may

  • (a) examine any material or information that is relevant to the administration or enforcement of this Act;

  • (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information;

  • (c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information;

  • (d) take, or require any person in the place or conveyance to produce, a sample of such material; and

  • (e) conduct any test or analysis or take any measurement of such material.

• Marginal note:Examination of information

  (3) In carrying out an inspection, an inspector may

  • (a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information relevant to the administration or enforcement of this Act;

  • (b) require any person to produce such books, documents or other records for examination or copying;

  • (c) use or cause to be used any computer system to examine information relevant to the administration or enforcement of this Act that is contained in or available to the computer system;

  • (d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and

  • (e) use or cause to be used any copying equipment.

• Marginal note:Assistance and information to inspector

  (4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance and furnish them with any information that they may reasonably require.

Marginal note:Warrant to enter dwelling-house

• 48. (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not 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) If, on ex parte application, a justice of the peace is satisfied by information on oath that

  • (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,

  • (b) entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

  the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

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

Marginal note:Obstruction and false statements

• 49. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out duties 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 material or information seized under this Act.

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.