Radiation Emitting Devices Act (R.S.C., 1985, c. R-1)

Short Title

Marginal note:Short title

1 This Act may be cited as the Radiation Emitting Devices Act.

Interpretation

Marginal note:Definitions

2 In this Act,

advertise

advertise includes making any representation by any means whatever for the purpose of promoting, directly or indirectly, a radiation emitting device; (publicité)

analyst

analyst means an individual designated as an analyst under subsection 11(1); (analyste)

distributor

distributor means a person engaged in the business of selling or leasing radiation emitting devices; (distributeur)

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)

lease

lease includes offer to lease and have in possession for the purpose of leasing; (location)

manufacturer

manufacturer means a person engaged in the business of manufacturing radiation emitting devices or of modifying or assembling, to any extent, radiation emitting devices; (fabricant)

Minister

Minister means the Minister of Health; (ministre)

package

package includes any thing in which a radiation emitting device is wholly or partly contained, placed or packed; (emballage)

person

person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)

prescribed

prescribed means prescribed by regulation; (Version anglaise seulement)

radiation

radiation means energy in the form of electromagnetic waves or acoustical waves; (radiation)

radiation emitting device

radiation emitting device means

• (a) any device that is capable of producing and emitting radiation, and

• (b) any component of or accessory to a device described in paragraph (a); (dispositif émettant des radiations)

sell

sell includes offer for sale, have in possession for sale, deliver for sale, and distribute. (vente)

Restriction on Application of Act

Marginal note:Devices and vehicles to which Act not to apply

3 This Act does not apply to

• (a) a radiation emitting device that is designed primarily for the production of nuclear energy within the meaning of the Nuclear Safety and Control Act; or

• (b) a motor vehicle within the meaning of the Motor Vehicle Safety Act.

Prohibitions

Marginal note:Sale, lease, importation

4 Except as authorized by regulations made under paragraph 13(1)(c), no person shall sell, lease or import into Canada a radiation emitting device if the device

• (a) does not comply with the standards, if any, prescribed under paragraph 13(1)(b) and applicable thereto; or

• (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

  • (i) does not perform according to the performance characteristics claimed for it,

  • (ii) does not accomplish its claimed purpose, or

  • (iii) emits radiation that is not necessary in order for it to accomplish its claimed purpose.

Marginal note:Deception

• 5 (1) No person shall label, package or advertise a radiation emitting device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, character, value, composition, merit or safety.

• Marginal note:Limitation

  (2) Subsection (1) applies only in relation to representations relating to the emission of radiation.

• Marginal note:Regulations re labelling, etc.

  (3) No person shall fail to comply with the regulations respecting the labelling, packaging or advertising of radiation emitting devices.

Notification

Marginal note:Minister to be notified of non-compliance or defect

• 6 (1) Where a person who is the manufacturer or importer of a radiation emitting device becomes aware, after the device has left the person’s premises, of the fact that the device

  • (a) does not comply with the standards, if any, prescribed under paragraph 13(1)(b) and applicable thereto, or

  • (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

    • (i) does not perform according to the performance characteristics claimed for it,

    • (ii) does not accomplish its claimed purpose, or

    • (iii) emits radiation that is not necessary in order for it to accomplish its claimed purpose,

  the person shall forthwith notify the Minister.

• Marginal note:Minister may order notification

  (2) Where the Minister determines,

  • (a) after being notified pursuant to subsection (1), or

  • (b) through the Minister’s own investigation, research, inspection or testing,

  that a radiation emitting device falls under paragraph (1)(a) or (b), the manufacturer or importer of the device shall, if directed by the Minister, notify such persons as the Minister requires of the defect or non-compliance, by such method, giving such details and within such time period as are specified by the Minister.

Administration and Enforcement

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.

• Marginal note:Certificate to be produced

  (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and, on entering any place described in subsection 8(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

Marginal note:Powers of inspectors

• 8 (1) An inspector may at any reasonable time enter, subject to subsection (2), the premises of any manufacturer, distributor or importer of a radiation emitting device in which he believes on reasonable grounds there is a radiation emitting device, or any place in which he believes on reasonable grounds there is a radiation emitting device that is owned by a manufacturer, distributor or importer, and may

  • (a) examine any radiation emitting device found therein and take it away for further examination;

  • (b) open and examine any package that the inspector believes on reasonable grounds contains a radiation emitting device and take it away for further examination; and

  • (c) examine any books, reports, test data, records, shipping bills and bills of lading or other documents or papers found in any premises or place referred to in this subsection that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.

• Marginal note:Warrant required to enter dwelling-house

  (2) Where a premises or place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) Where a justice of the peace is satisfied by information on oath that the conditions for entry described in subsection (1) exist, he may issue a warrant under his hand authorizing an inspector to enter that dwelling-house.

• 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.

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.

• Marginal note:Interference

  (2) Except with the authority of an inspector, no person shall remove or interfere in any way with a radiation emitting device detained by an inspector pursuant to regulations made under section 13.

Marginal note:Seizure

• 10 (1) Where an inspector believes on reasonable grounds that this Act has been contravened, the inspector may seize any radiation emitting device in relation to which he believes on reasonable grounds the contravention was committed.

• 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.

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.

• Marginal note:Analysis or examination

  (2) An inspector may submit to an analyst for analysis or examination any radiation emitting device the inspector has taken away under paragraph 8(1)(a) or (b) or seized under subsection 10(1).

• Marginal note:Certificate or report

  (3) Where an analyst has made an analysis or examination, he may issue a certificate or report setting out the results of the analysis or examination.

Disposition of Devices with Consent of Owner

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

  • (a) taken away for further examination under paragraph 8(1)(a) or (b);

  • (b) seized under subsection 10(1); or

  • (c) voluntarily submitted to the Minister for evaluation or examination.

• 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.

Forfeiture

Marginal note:Unclaimed radiation emitting devices

• 12.1 (1) A seized radiation emitting device is, at Her election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or

  • (b) the owner or the person who is entitled to possess it does not claim it within 60 days after the day on which they are notified that the inspector has released the seized device.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the device that was seized.

• Marginal note:Disposition

  (3) A seized device that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Removal or Forfeiture of Unlawful Imports

Marginal note:Unlawful imports

• 12.2 (1) An inspector who has reasonable grounds to believe that an imported radiation emitting device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the device, 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

  • (a) whether the device creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation; and

  • (b) any other prescribed 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 radiation emitting device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the device, 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 radiation emitting device the opportunity to take a measure in respect of the device, 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 radiation emitting device 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 radiation emitting device and the person consents to its forfeiture, the device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.