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

Act current to 2019-06-20 and last amended on 2016-12-12. Previous Versions

Administration and Enforcement (continued)

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 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.

  • R.S., 1985, c. R-1, s. 9
  • 2016, c. 9, s. 23

Marginal note:Seizure

  •  (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.

  • R.S., 1985, c. R-1, s. 10
  • 2016, c. 9, s. 24

Marginal note:Analysts

  •  (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.

  • R.S., 1985, c. R-1, s. 11
  • 2016, c. 9, s. 25

Disposition of Devices with Consent of Owner

Marginal note:Disposition with owner’s consent

  •  (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.

  • R.S., 1985, c. R-1, s. 12
  • 2016, c. 9, s. 26

Forfeiture

Marginal note:Unclaimed radiation emitting devices

  •  (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.

  • 2016, c. 9, s. 27

Removal or Forfeiture of Unlawful Imports

Marginal note:Unlawful imports

  •  (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.

  • 2016, c. 9, s. 27

Costs

Marginal note:Recovery

  •  (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the storage, movement or disposition of any radiation emitting device.

  • Marginal note:Time limit

    (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

  • 2016, c. 9, s. 27

Marginal note:Certificate of default

  •  (1) Any debt that may be recovered under subsection 12.3(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

  • Marginal note:Judgment

    (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

  • 2016, c. 9, s. 27

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) prescribing classes of radiation emitting devices for the purposes of this Act;

    • (b) prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation;

    • (c) exempting, with or without conditions, any radiation emitting device or class of radiation emitting device, including devices imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations;

    • (d) respecting the labelling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation;

    • (e) prescribing the information that must be shown on any label or package and the manner in which that information must be shown;

    • (f) requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act;

    • (g) prescribing the content of and the method of sending the notification required by subsection 6(1);

    • (h) respecting the powers, duties and functions of inspectors and analysts;

    • (h.1) respecting the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices;

    • (h.2) respecting the costs in relation to anything required or authorized under this Act;

    • (h.3) respecting the implementation, in relation to radiation emitting devices, of international agreements that affect those devices;

    • (h.4) prescribing anything that by this Act is to be prescribed; and

    • (i) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Publication of proposed regulations

    (2) Subject to subsection (3), a copy of every regulation that the Governor in Council proposes to make pursuant to paragraph (1)(a), (b), (c), (d) or (e) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to manufacturers, importers, distributors and other interested persons to make representations to the Minister with respect thereto.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of a proposed regulation that

    • (a) has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or

    • (b) makes no material substantive change in an existing regulation.

  • R.S., 1985, c. R-1, s. 13
  • 2016, c. 9, s. 28
 
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