Law:Radiation Emitting Devices Act

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R.s.c., 1985, c. R-1

An Act respecting the sale and importation of certain radiation emitting devices


Contents

Short Title

Short title

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

R.S., c. 34(1st Supp.), s. 1.


Interpretation

Definitions

2. In this Act,

“advertise”

« publicité »

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

“analyst”

« analyste »

“analyst” means a person designated as an analyst pursuant to subsection 11(1);

“distributor”

« distributeur »

“distributor” means a person engaged in the business of selling or leasing radiation emitting devices;

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector pursuant to section 7;

“label”

« étiquette »

“label” includes any legend, word or mark attached to, included in, belonging to or accompanying any radiation emitting device or package;

“lease”

« location »

“lease” includes offer to lease and have in possession for the purpose of leasing;

“manufacturer”

« fabricant »

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

“Minister”

« ministre »

“Minister” means the Minister of Health;

“package”

« emballage »

“package” includes any thing in which a radiation emitting device is wholly or partly contained, placed or packed;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulation;

“radiation”

« radiation »

“radiation� means energy in the form of electromagnetic waves or acoustical waves;

“radiation emitting device”

« dispositif émettant des radiations »

“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);

“sell”

« vente »

“sell” includes offer for sale, have in possession for sale, deliver for sale, and distribute.

R.S., 1985, c. R-1, s. 2; 1996, c. 8, s. 32.


Restriction On Application Of Act

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.

R.S., 1985, c. R-1, s. 3; 1997, c. 9, s. 121.


Prohibitions

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 person 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.

R.S., c. 34(1st Supp.), s. 4; 1984, c. 23, s. 2.

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.

Limitation

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

Regulations re labelling, etc.

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

R.S., c. 34(1st Supp.), s. 5; 1984, c. 23, s. 2.


Notification

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 person 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.

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.

R.S., c. 34(1st Supp.), s. 6; 1984, c. 23, s. 2.


Enforcement

Inspectors

7. (1) The Minister may designate as an inspector for the purposes of this Act any person who, in the Minister’s opinion, is qualified to be so designated.

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.

R.S., c. 34(1st Supp.), s. 7.

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.

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).

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.

Assistance to inspectors

(4) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act.

Detention

(5) A radiation emitting device taken away pursuant to paragraph (1)(a) or (b) shall not be detained after the expiration of ninety days from the day it was taken away unless, before that time, proceedings have been instituted in respect of a contravention of this Act, in which case the device may be detained until the proceedings are finally concluded.

R.S., c. 34(1st Supp.), s. 8; 1984, c. 23, s. 3.

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 carrying out his duties or functions under this Act.

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., c. 34(1st Supp.), s. 9.

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.

Detention

(2) A radiation emitting device seized pursuant to subsection (1) shall not be detained after

(a) the provisions of any regulations made under section 13 that are applicable to that device have, in the opinion of the inspector, been complied with, or

(b) the expiration of ninety days from the day of seizure or such longer period as may be prescribed with respect to any device,

unless before that time proceedings have been instituted in respect of the contravention, in which case the device may be detained until the proceedings are finally concluded.

R.S., c. 34(1st Supp.), s. 10; 1984, c. 23, s. 4.

Analysts

11. (1) The Minister may designate as an analyst for the purposes of this Act any person who, in the Minister’s opinion, is qualified to be so designated.

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).

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.

1984, c. 23, s. 4.


Disposition Of Devices With Consent Of Owner

Minister may dispose of a device with owner’s consent

12. (1) Where the Minister has custody of a radiation emitting device that was

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

(b) seized under subsection 10(1) but not forfeited under section 16, or

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

the Minister may, with the consent of its owner, dispose of that device as the Minister sees fit.

Where owner’s consent deemed to have been given

(2) Where the Minister, by registered letter or by a demand served personally, requests the owner of a device referred to in subsection (1) to repossess that device and the owner fails to repossess it within thirty days of receipt of the request, the owner shall be thereupon deemed to have given the consent referred to in subsection (1).

1984, c. 23, s. 4.


Regulations

Regulations

13. (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 persons against genetic or personal injury, impairment of health or death from radiation;

(c) exempting any radiation emitting device or class of radiation emitting device from the application of all or any of the provisions of this Act or the regulations and prescribing the conditions of that exemption;

(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 persons 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 and the regulations;

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

(h) respecting the powers and duties of inspectors and analysts and the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices; and

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

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.

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., c. 34(1st Supp.), s. 11; 1984, c. 23, s. 5.


Interim Orders

Interim orders

13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

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 Act, 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.

Contravention of unpublished order

(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

Exemption from Statutory Instruments Act

(4) An 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.

Deeming

(5) For the purpose of any provision of this Act other than this section and subsection 13(2), any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

Tabling of order

(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

House not sitting

(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

2004, c. 15, s. 103.


Offence And Punishment

Contravention of sections 4 to 6

14. (1) Every person who, or whose employee or agent, contravenes section 4, 5 or 6 is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding five thousand dollars; or

(b) on conviction on indictment, to a fine not exceeding ten thousand dollars.

Contravention of other provisions, or regulations

(2) Every person who, or whose employee or agent, contravenes any provision of this Act other than section 4, 5 or 6, or any regulation, is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both.

R.S., c. 34(1st Supp.), s. 12; 1984, c. 23, s. 6.

Offence by employee or agent

15. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.

Venue

(2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

R.S., c. 34(1st Supp.), s. 13.

Forfeiture on conviction

16. (1) Where a person has been convicted of an offence under this Act, any radiation emitting device in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court.

Forfeiture on application to judge

(2) Without prejudice to the operation of subsection (1), a judge of a superior, county or district court of the province in which any radiation emitting device was seized under this Act may, on the application of an inspector and on such notice to such persons as the judge directs, order that the device and anything of a similar nature found therewith be forfeited to Her Majesty if the judge finds, after making such inquiry as the judge considers necessary, that the device is one by means of or in relation to which any of the provisions of this Act or the regulations were contravened.

Minister may dispose of forfeited goods

(3) Goods forfeited to Her Majesty under subsection (1) or (2) may be disposed of as the Minister may direct, subject to subsection (4).

Protection of persons claiming interest

(4) The provisions of sections 74 to 76 of the Fisheries Act apply with such modifications as the circumstances require to any radiation emitting device forfeited under this section as though that device were an article forfeited under subsection 72(1) of that Act.

R.S., c. 34(1st Supp.), s. 14; 1984, c. 23, s. 7.


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