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. F-27Food and Drugs Act (continued)
12 The Act is amended by adding the following after section 37:
Marginal note:Conditions under which transhipment exempt
38 This Act does not apply to any packaged food, drug, cosmetic or device if
(a) it is manufactured or prepared outside Canada;
(b) it is imported solely for the purpose of export and is not sold for consumption or use in Canada; and
(c) it meets any other prescribed requirement.
R.S., c. H-3Hazardous Products Act
13 Subsection 15(1) of the Hazardous Products Act is amended by adding the following after paragraph (l):
(l.1) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;
Marginal note:R.S., c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 122
14 Subsection 21(1) of the Act is replaced by the following:
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.
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
(a) whether the hazardous product endangers human health or safety; 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 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:
a) examiner le dispositif et l’emporter pour examen complémentaire;
b) ouvrir et examiner tout emballage qui contient, à son avis, un dispositif émettant des radiations et l’emporter pour examen complémentaire;
(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
(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.
27 The Act is amended by adding the following after section 12:
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.
Costs
Marginal note:Recovery
12.3 (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.
Marginal note:Certificate of default
12.4 (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.
28 (1) Paragraph 13(1)(b) of the English version of the Act is replaced by the following:
(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;
(2) Paragraph 13(1)(c) of the Act is replaced by the following:
(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;
(3) Paragraph 13(1)(d) of the English version of the Act is replaced by the following:
(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;
(4) Paragraph 13(1)(f) of the Act is replaced by the following:
(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;
(5) Paragraph 13(1)(h) of the Act is replaced by the following:
(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
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