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Assisted Human Reproduction Act (S.C. 2004, c. 2)

Act current to 2019-06-20 and last amended on 2019-06-09. Previous Versions

Administration and Enforcement (continued)

 [Repealed before coming into force, 2012, c. 19, s. 724]

 [Repealed before coming into force, 2012, c. 19, s. 724]

Marginal note:Taking measures

  •  (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention.

  • (2) and (3) [Repealed, 2012, c. 19, s. 725]

  • Marginal note:Personal liability

    (4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith.

  • Marginal note:Exception

    (5) Subsection (4) does not apply to a person who has committed a contravention of this Act.

  • Marginal note:Statutory Instruments Act

    (6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act.

  • 2004, c. 2, s. 44
  • 2012, c. 19, s. 725

Marginal note:Definitions

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

information

information means information that is recorded in any form. (document)

material

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. (matériel)

Marginal note:Designation of inspectors

  •  (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act.

  • Marginal note:Certificates to be produced

    (2) An inspector shall be given a certificate in a form established by the Minister 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.

  • 2004, c. 2, s. 46
  • 2012, c. 19, s. 727

Marginal note:Entry by inspectors

  •  (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies.

  • Marginal note:Inspection

    (2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1),

    • (a) examine any material or information that is relevant to that purpose;

    • (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, for a purpose set out in subsection (1),

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

    • (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 that purpose 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.

  • 2004, c. 2, s. 47
  • 2012, c. 19, s. 728

Marginal note:Warrant to enter dwelling-house

  •  (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 a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, 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.

  • 2004, c. 2, s. 48
  • 2012, c. 19, s. 729

Marginal note:Obstruction and false statements

  •  (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

  •  (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

  •  (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 to the Minister notice of their intention to do so.

  • 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).

  • 2004, c. 2, s. 51
  • 2012, c. 19, s. 730
 
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