- (a) the supplier has in their possession a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1);
- (a.1) on the sale of the hazardous product to any person or government, the supplier provides to the person or government the safety data sheet referred to in paragraph (a), or causes it to be provided, if on that sale the person or government acquires possession or ownership of that hazardous product; and
- (b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.
- (a) the federal government;
- (b) a corporation named in Schedule III to the Financial Administration Act ;
- (c) a provincial government or a public body established under an Act of the legislature of a province; and
- (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act .
- R.S., 1985, c. H-3, s. 13
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 1999, c. 31, s. 128(F)
- 2014, c. 20, s. 114
Marginal note: Prohibition re importation
14 Subject to the Hazardous Materials Information Review Act , no supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada unless
- (a) the supplier obtains or prepares, on or before the importation of the hazardous product, a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1); and
- (b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.
- R.S., 1985, c. H-3, s. 14
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 114
Marginal note: Prohibition re sale
- 14.1 (1) Despite section 13, no supplier shall sell a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act , the supplier complies with the requirements set out in paragraphs 13(1)(a) to (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).
- Marginal note: Prohibition re importation (2) Despite section 14, no supplier shall import a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act , the supplier complies with the requirements set out in paragraphs 14(a) and (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).
- 2014, c. 20, s. 114
Marginal note: False information — hazardous product or container
- 14.2 (1) No supplier shall sell or import a hazardous product that is intended for use, handling or storage in a work place in Canada if the hazardous product or the container in which the hazardous product is packaged has affixed to, printed on or attached to it information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b) or 14(a) and (b), as the case may be.
- Marginal note: Safety data sheet — sale (2) No supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that is in their possession in order to comply with the requirement set out in paragraph 13(1)(a), or that they provide or cause to be provided in order to comply with the requirement set out in paragraph 13(1)(a.1), is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to meet the requirements set out in paragraphs 13(1)(a) to (b).
- Marginal note: Safety data sheet — importation (3) No supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that the supplier obtains or prepares in order to comply with the requirement set out in paragraph 14(a) is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 14(a) and (b).
- Marginal note: Course of sale (4) No supplier who sells a hazardous product that is intended for use, handling or storage in a work place in Canada shall, in the course of selling the hazardous product, communicate by any means any information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b).
- 2014, c. 20, s. 114
Preparing and Maintaining Documents
Marginal note: Requirements
- 14.3 (1) Every supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada shall prepare and maintain
- (a) a document containing a true copy of a label that represents the label that is affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged in order to meet the requirement set out in paragraph 13(1)(b) or 14(b), as the case may be, when they sell or import the hazardous product;
- (b) a document containing a true copy of a safety data sheet for the hazardous product that represents the safety data sheet that is in their possession in order to meet the requirement set out in paragraph 13(1)(a) or that they obtain or prepare in order to meet the requirement set out in paragraph 14(a), as the case may be, when they sell or import the hazardous product;
- (c) if the supplier obtained the hazardous product from another person, a document that indicates the person’s name and address, the quantity of the hazardous product obtained by the supplier and the month and year in which they obtained it;
- (d) a document that indicates, for any sales of the hazardous product that result in a transfer of ownership or possession, the locations at which those sales took place, the period during which they took place, and, for each month in that period, the quantity sold during the month; and
- (e) the prescribed documents.
- 2014, c. 20, s. 114
Regulations
Marginal note: Regulations
- 15 (1) Subject to section 19, the Governor in Council may make regulations
- (a) defining, for the purposes of Schedule 2, any word or expression used in Schedule 2 but not defined in this Act;
- (a.1) establishing, for any hazard class listed in Schedule 2, categories and subcategories of that hazard class;
- (b) respecting the classification of products, mixtures, materials and substances in a category or subcategory of a hazard class listed in Schedule 2;
- (c) respecting safety data sheets;
- (c.1) respecting labels;
- (d) respecting the preparation and maintenance of documents, including by specifying the documents to be prepared and maintained, where they are to be kept and for how long;
- (e) [Repealed, 2014, c. 20, s. 115]
- (f) exempting from the application of this Part and the regulations made under this subsection or any provision of this Part or those regulations, on any terms and conditions that may be specified in those regulations,
- (i) the sale or importation of any hazardous product or class of hazardous products either generally or in the quantities or concentrations, in the circumstances, at the places, premises or facilities, for the purposes or in the containers that are specified in those regulations, and
- (ii) any class of suppliers;
- (a) an organization established for the purpose of writing standards, such as an organization accredited by the Standards Council of Canada;
- (b) an industrial or trade organization; or
- (c) a government.
- (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or
- (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.
- (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and
- (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.
- (a) the federal government;
- (b) a corporation named in Schedule III to the Financial Administration Act ;
- (c) a provincial government or a public body established under an Act of the legislature of a province;
- (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act ;
- (e) a government of a foreign state or of a subdivision of a foreign state; and
- (f) an international organization of states.
- R.S., 1985, c. H-3, s. 15
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 1999, c. 31, s. 129
- 2014, c. 20, s. 115
- 2016, c. 9, s. 13
16 [Repealed, 2014, c. 20, s. 116]
Interim Orders
Marginal note: Interim orders — regulations
- 16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
- Marginal note: Interim orders — section 18 (2) The Minister may make an interim order in which any power referred to in section 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
- Marginal note: Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
- (a) 14 days after it is made, unless it is approved by the Governor in Council,
- (b) the day on which it is repealed,
- (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and
- (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
- (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act ; and
- (b) shall be published in the Canada Gazette within 23 days after it is made.
- 2004, c. 15, s. 68
- 2014, c. 20, s. 117
17 [Repealed, 2014, c. 20, s. 118]
Amendments to Schedules 1 and 2
Marginal note: Amendments to Schedules 1 and 2
18 Subject to section 19, the Governor in Council may, by order,
- (a) amend Schedule 1 to add, delete or amend a reference to anything; and
- (b) amend Schedule 2 to add, delete or amend a reference to a hazard class.
- R.S., 1985, c. H-3, s. 18
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 119
Consultation
Marginal note: Consultation
19 A regulation under subsection 15(1) or an order under section 18 may be made by the Governor in Council only on the recommendation of the Minister made after consultation by the Minister with the government of each province and with any organizations representative of workers, organizations representative of employers and organizations representative of suppliers that the Minister considers appropriate.
- R.S., 1985, c. H-3, s. 19
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 120
Tests, Studies and Compilation of Information
Marginal note: Minister’s order
- 20 (1) If the Minister has reasonable grounds to believe that a product, mixture, material or substance may be a hazardous product, the Minister may, in writing, order a person who is engaged in the business of selling or importing the product, mixture, material or substance to compile information relating to the formula, composition, chemical ingredients or hazardous properties of the product, mixture, material or substance, and any other information that the Minister considers necessary, for the purpose of determining whether the product, mixture, material or substance is or may be a danger to the health or safety of any individual who may handle it in a work place or be exposed to it in a work place.
- Marginal note: Minister’s order (1.1) If the Minister has reasonable grounds to believe that a person is engaged in the business of selling or importing a product, mixture, material or substance that is a hazardous product, the Minister may, in writing, order the person to
- (a) conduct tests or studies on the product, mixture, material or substance to obtain the information that the Minister considers necessary to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations made under subsection 15(1) or (2); and
- (b) compile any information related to the formula, composition, chemical ingredients or hazardous properties of the product, mixture, material or substance that the Minister considers necessary to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations made under subsection 15(1) or (2).
- R.S., 1985, c. H-3, s. 20
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 121
PART III Administration and Enforcement
Inspectors and Analysts
Marginal note: Inspectors and analysts
- 21 (1) The Minister may designate as an inspector or analyst for the purposes of the administration and enforcement of any provision of this Act and of the regulations any individual or class of individuals to exercise powers or perform duties or functions in relation to any matter referred to in the designation. However, if the individual is employed by a provincial government, or a public body established under an Act of the legislature of a province, the Minister may make the designation only after obtaining the approval of that government or public body.
- Marginal note: Certificate to be produced (2) The Minister shall furnish every inspector with a certificate of designation and, on entering any place in accordance with subsection 22(1), an inspector shall, on request, produce the certificate to the person in charge of that place.
- Marginal note: Objectives, guidelines and codes of practice (3) The Minister may establish objectives, guidelines and codes of practice respecting the exercise of an inspector’s or analyst’s powers, and the performance of an inspector’s or analyst’s duties or functions, under this Act.
- R.S., 1985, c. H-3, s. 21
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 122
- 2016, c. 9, s. 14
Inspection and Analysis
Marginal note: Powers of inspectors
- 22 (1) Subject to subsection 22.1(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, at any reasonable time enter any place, including a conveyance, in which the inspector has reasonable grounds to believe that an activity regulated under this Act is conducted or a thing to which this Act applies is located, and may, for that purpose,
- (a) examine or test any product, mixture, material or substance found in the place that the inspector has reasonable grounds to believe is a hazardous product and take samples of it, and examine any other thing that the inspector believes on reasonable grounds is used or is capable of being used for the manufacture, preparation, preservation, packaging, sale, importation or storage of a hazardous product;
- (b) open and examine any receptacle or package that is found in the place;
- (c) examine a document that is found in the place, make a copy of it or take an extract from it;
- (d) use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;
- (e) use or cause to be used any copying equipment that is at the place and remove the copies for examination;
- (f) take photographs and make recordings and sketches;
- (g) order the owner or person having possession, care or control of any product, mixture, material or substance found in the place that the inspector has reasonable grounds to believe is a hazardous product to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (h) order the owner or person having possession, care or control of the conveyance to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (i) order the owner or person in charge of the place to establish their identity to the inspector’s satisfaction; and
- (j) remove anything from the place for the purpose of examination, conducting tests or taking samples.
- R.S., 1985, c. H-3, s. 22
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 123
Marginal note: Warrant or consent required to enter dwelling-house
- 22.1 (1) If the place mentioned in subsection 22(1) is a dwelling-house, an inspector is not authorized to 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) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the individual who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that
- (a) the dwelling-house is a place described in subsection 22(1);
- (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 22(1); and
- (c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.
- 2014, c. 20, s. 123
- 2022, c. 17, s. 64
Marginal note: Seizure
22.2 An inspector may seize and detain anything that they have reasonable grounds to believe
- (a) was used in the contravention of any provision of this Act or of the regulations; or
- (b) is something in relation to which a provision of this Act or of the regulations was contravened.
- 2014, c. 20, s. 123
Marginal note: Certain information privileged
22.3 All information that, under the Hazardous Materials Information Review Act , a supplier is exempt from disclosing under this Act and that is obtained by an inspector in the exercise of their powers or the performance of their duties or functions under this Act is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of the administration and enforcement of this Act.
- 2014, c. 20, s. 123
Marginal note: Analysis and examination
- 22.4 (1) An inspector may submit to an analyst, for analysis or examination, anything seized by the inspector, or any sample of it, or any samples taken by the inspector.
- Marginal note: Certificate or report (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.
- 2014, c. 20, s. 123
Marginal note: Obstruction
23 No person shall obstruct, or provide false or misleading information either orally or in writing to, an inspector while the inspector is exercising powers or performing duties or functions under the provisions of this Act or of the regulations.
- R.S., 1985, c. H-3, s. 23
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 123
Dealing with Seized Things
Marginal note: Storage of seized things
- 24 (1) An inspector who seizes a thing under this Act may
- (a) 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 at the place where it was seized or move it to, and store it at, another place; or
- (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it at their expense at the place where it was seized or to move it to, and store it at, another place at their expense.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 123
Marginal note: Release of seized things
24.1 An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and of the regulations that relate to it have been complied with.
- 2014, c. 20, s. 123
Marginal note: Application for restoration
- 25 (1) If a thing has been seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may, within 120 days after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order of restoration under subsection (3).
- Marginal note: Notice to Minister (2) The notice referred to in subsection (1) shall be delivered to the Minister at Ottawa at least 30 clear days before the day on which the application to the provincial court judge is to be made, by means of registered mail, a method of courier service that provides a record of delivery and requires a signature on delivery, or any other prescribed method, and shall specify
- (a) the provincial court judge to whom the application is to be made;
- (b) the place and time at which the application is to be heard;
- (c) the thing in respect of which the application is to be made; and
- (d) the evidence on which the applicant intends to rely to establish that
- (i) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure, and
- (ii) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened.
- (a) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure;
- (a.1) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened; and
- (b) the thing is not and will not be required as evidence in any proceedings in respect of an offence under section 28.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 123
Marginal note: Forfeiture — conviction for offence
- 26 (1) If a person has been convicted of an offence under section 28, the court may order that a thing seized under this Act by means of or in respect of which the offence was committed be forfeited to Her Majesty in right of Canada. The thing forfeited may be disposed of, as the Minister directs, at the expense of its owner, the person who was entitled to possession of it at the time of its seizure or the person who has been convicted of the offence.
- Marginal note: Forfeiture — consent of owner (2) If the owner of a thing seized under this Act consents in writing to its forfeiture, the thing is forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of its owner, as the Minister directs.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 123
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
- (a) whether the hazardous product endangers human health or safety; and
- (b) any other prescribed factors.
- 2016, c. 9, s. 15
Orders for Taking Measures
Marginal note: Taking measures
- 26.1 (1) The Minister may order a supplier to take any measure that the Minister considers necessary to remedy a non-compliance, or to prevent non-compliance, with the provisions of this Act or of the regulations, if the Minister believes on reasonable grounds that any provision of this Act or of the regulations has been contravened in relation to the hazardous product.
- Marginal note: Measures (2) The measures referred to in subsection (1) include measures related to the label or safety data sheet for the hazardous product or to stopping the sale or importation of the hazardous product or causing it to be stopped.
- Marginal note: Notice (3) The order shall be provided in the form of a written notice that sets out the reasons for the measure and the time within which and manner in which the measure is to be carried out.
- Marginal note: Statutory Instruments Act (4) For greater certainty, orders made under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act .
- 2014, c. 20, s. 123
Review of Orders for Taking Measures
Marginal note: Review officer
26.2 The Minister may designate as a review officer for the purposes of reviewing orders under section 26.3 any individual or class of individuals who, in the Minister’s opinion, is qualified to be so designated.
- 2014, c. 20, s. 123
Marginal note: Request for review
- 26.3 (1) Subject to any other provision of this section, an order made under section 26.1 shall be reviewed by a review officer other than the individual who made the order, on the written request of the person who was ordered under it to take a measure, but only on grounds that involve questions of fact alone or questions of mixed law and fact.
- Marginal note: Contents of and time for making request (2) The written request shall state the grounds for review and set out the evidence, including evidence that was not considered by the individual who made the order, that supports those grounds and the decision that is sought. It shall be delivered to the Minister within seven days after the day on which the order is provided under subsection 26.1(3).
- Marginal note: No authority to review (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
- Marginal note: Reasons for refusal (4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
- Marginal note: Review initiated by review officer (5) A review officer — other than the individual who made the order — may review an order made under section 26.1, whether or not a request is made under subsection (1).
- Marginal note: Order in effect (6) An order made under section 26.1 continues to apply during a review unless the review officer decides otherwise.
- Marginal note: Completion of review (7) A review officer shall complete the review no later than 30 days after the day on which the request is delivered to the Minister.
- Marginal note: Extension of period for review (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
- Marginal note: Reasons for extension (9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
- Marginal note: Decision on completion of review (10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
- Marginal note: Notice (11) The person who made the request or, if there is no request, the person to whom the order was directed, shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
- Marginal note: Effect of amendment (12) An order made under section 26.1 that is amended is subject to review under this section.
- Marginal note: Certain information privileged (13) All information that, under the Hazardous Materials Information Review Act , a supplier is exempt from disclosing under this Act and that is obtained by a review officer in the exercise of their powers or the performance of their duties or functions under this section is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except as may be necessary for the purposes of the administration and enforcement of this Act.
- 2014, c. 20, s. 123
Regulations
Marginal note: Regulations
27 The Governor in Council may make regulations
- (a) respecting the performance of an inspector’s, analyst’s or review officer’s duties or functions and the circumstances in which an inspector or a review officer may exercise their powers;
- (a.1) respecting the taking of samples and the seizure, detention, forfeiture or disposition of anything under this Part;
- (a.2) respecting the form of notices referred to in subsections 25(2) and 26.1(3) and the time within which and manner in which orders are to be provided under subsection 26.1(3);
- (a.3) respecting the measures referred to in section 26.1;
- (a.4) respecting the review of orders under section 26.3;
- (a.41) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;
- (a.5) prescribing anything that by this Part is to be prescribed; and
- (b) generally for carrying out the purposes and provisions of this Part.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 124
- 2016, c. 9, s. 16
Interim Orders
Marginal note: Interim orders
- 27.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
- Marginal note: Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
- (a) 14 days after it is made, unless it is approved by the Governor in Council,
- (b) the day on which it is repealed,
- (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
- (d) one year after the interim order is made or any shorter period that may be specified in the interim order.
- (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act ; and
- (b) shall be published in the Canada Gazette within 23 days after it is made.
- 2004, c. 15, s. 69
Offence, Punishment and Procedure
Marginal note: Offence
- 28 (1) Every person who contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable
- (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or
- (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.
- (a) on conviction on indictment, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or
- (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 125
Marginal note: Continuing offence
28.1 If an offence under section 28 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
- 2014, c. 20, s. 125
Marginal note: Exception, etc., need not be mentioned
- 29 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under section 28 of this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under section 28.
- Marginal note: Burden of proof (2) In any prosecution for an offence mentioned in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, excuse or qualification does not operate in favour of the accused, whether or not it is set out in the information or indictment.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
Marginal note: Analyst’s certificate
- 30 (1) Subject to this section, a certificate of an analyst stating that the analyst has analysed or examined a product, mixture, material or substance and stating the result of the analysis or examination is admissible in evidence in any prosecution for an offence mentioned in subsection 29(1) and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
- Marginal note: Attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
- Marginal note: Notice (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 126
Marginal note: Self-incrimination
30.1 The information and results contained in the documents that a person provides under an order made under section 20 may not be used or received to incriminate the person in any proceeding against them in respect of an offence under this Act.
- 2014, c. 20, s. 127
Marginal note: Trial of offence
31 A complaint or information in respect of an offence under section 28 may be heard, tried or determined by a provincial court judge or a justice of the peace if the accused is resident within, is carrying on business within or happens to be within the territorial jurisdiction of the provincial court judge or justice of the peace, although the matter of the complaint or information did not arise in that territorial jurisdiction.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 127
