An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)
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Assented to 2016-12-12
R.S., c. H-3Hazardous Products Act (continued)
15 The Act is amended by adding the following after section 26:
Removal or Forfeiture of Unlawful Imports
Marginal note:Unlawful imports
26.01 (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
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.
16 Section 27 of the Act is amended by adding the following after paragraph (a.4):
(a.41) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;
R.S., c. R-1Radiation Emitting Devices Act
17 (1) The definitions analyst, inspector and label in section 2 of the Radiation Emitting Devices Act are replaced by the following:
- analyst
analyst means an individual designated as an analyst under subsection 11(1); (analyste)
- inspector
inspector means an individual designated as an inspector under section 7; (inspecteur)
- label
label includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a radiation emitting device or a package; (étiquette)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- person
person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)
18 The portion of paragraph 4(b) of the Act before subparagraph (i) is replaced by the following:
(b) creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
19 The portion of paragraph 6(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
20 The heading before section 7 of the Act is replaced by the following:
Administration and Enforcement
21 Subsection 7(1) of the Act is replaced by the following:
Marginal note:Inspectors
7 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
22 (1) Paragraphs 8(1)(a) and (b) of the French version of the Act are replaced by the following:
(2) Subsections 8(4) and (5) of the Act are replaced by the following:
Marginal note:Assistance to inspectors
(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 to enable the inspector to exercise powers or perform duties and functions under this Act and shall furnish the inspector with any information he or she may reasonably require with respect to the administration of this Act.
Marginal note:Detention
(5) An inspector who takes away a radiation emitting device under paragraph (1)(a) or (b) shall no longer detain it if he or she is satisfied that the provisions of this Act and the regulations with respect to it have been complied with.
23 Subsection 9(1) of the Act is replaced by the following:
Marginal note:Obstruction and false statements
9 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in exercising powers or performing duties or functions under this Act.
24 Subsection 10(2) of the Act is replaced by the following:
Marginal note:Storage
(2) An inspector who seizes a radiation emitting device under subsection (1) may 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 or move it to another place.
Marginal note:Release
(3) An inspector who seizes a radiation emitting device under subsection (1) shall release it if he or she is satisfied that the provisions of this Act and the regulations with respect to it have been complied with.
25 Subsection 11(1) of the Act is replaced by the following:
Marginal note:Analysts
11 (1) The Minister may designate as an analyst for the purposes of this Act any individual who, in the Minister’s opinion, is qualified to be so designated.
26 Section 12 of the Act is replaced by the following:
Marginal note:Disposition with owner’s consent
12 (1) If the Minister has custody of a radiation emitting device, the Minister may, with the consent of and at the expense of its owner, dispose of the device as the Minister sees fit if it was
Marginal note:Owner’s consent deemed given
(2) If the Minister requests the owner of a device referred to in paragraph (1)(a) or (c) to repossess that device and the owner fails to repossess it within sixty days after receipt of the request, the owner shall be deemed to have given the consent referred to in subsection (1) in respect of that device.
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