Radiation Emitting Devices Act

An Act respecting the sale and importation of certain radiation emitting devices Short title This Act may be cited as the Radiation Emitting Devices Act. Definitions In this Act, advertise includes making any representation by any means whatever for the purpose of promoting, directly or indirectly, a radiation emitting device; (publicité) analyst means an individual designated as an analyst under subsection 11(1); (analyste) distributor means a person engaged in the business of selling or leasing radiation emitting devices; (distributeur) inspector means an individual designated as an inspector under section 7; (inspecteur) 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 includes offer to lease and have in possession for the purpose of leasing; (location) 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 means the Minister of Health; (ministre) package includes any thing in which a radiation emitting device is wholly or partly contained, placed or packed; (emballage) person means an individual or an organization as defined in section 2 of the Criminal Code; (personne) prescribed means prescribed by regulation; (Version anglaise seulement) radiation means energy in the form of electromagnetic waves or acoustical waves; (radiation) radiation emitting device means any device that is capable of producing and emitting radiation, and any component of or accessory to a device described in paragraph (a); (dispositif émettant des radiations) sell includes offer for sale, have in possession for sale, deliver for sale, and distribute. (vente) Devices and vehicles to which Act not to apply This Act does not apply to 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 a motor vehicle within the meaning of the Motor Vehicle Safety Act. Sale, lease, importation 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 does not comply with the standards, if any, prescribed under paragraph 13(1)(b) and applicable thereto; or 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 does not perform according to the performance characteristics claimed for it, does not accomplish its claimed purpose, or emits radiation that is not necessary in order for it to accomplish its claimed purpose. Deception 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 Subsection (1) applies only in relation to representations relating to the emission of radiation. Regulations re labelling, etc. No person shall fail to comply with the regulations respecting the labelling, packaging or advertising of radiation emitting devices. Minister to be notified of non-compliance or defect 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 does not comply with the standards, if any, prescribed under paragraph 13(1)(b) and applicable thereto, or 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 Where the Minister determines, after being notified pursuant to subsection (1), or 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. Inspectors 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. Certificate to be produced 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. Powers of inspectors 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 examine any radiation emitting device found therein and take it away for further examination; 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 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 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 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 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. Detention 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. Obstruction and false statements 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. Interference 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. Seizure 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. Storage 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. Release 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. Analysts 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. Analysis or examination 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 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 with owner’s consent 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 taken away for further examination under paragraph 8(1)(a) or (b); seized under subsection 10(1); or voluntarily submitted to the Minister for evaluation or examination. Owner’s consent deemed given 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. Unclaimed radiation emitting devices A seized radiation emitting device is, at Her election, forfeited to Her Majesty in right of Canada if 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 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. Proceedings instituted Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the device that was seized. Disposition 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. Unlawful imports 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. Factors In making a decision under subsection (1), the inspector shall consider, among other factors whether the device creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation; and any other prescribed factors. Duty of inspector 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. Measures that may be taken and notice 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. Forfeiture 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. Recovery 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. Time limit 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. Certificate of default 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. Judgment 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. Regulations The Governor in Council may make regulations prescribing classes of radiation emitting devices for the purposes of this Act; 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; 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; 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; prescribing the information that must be shown on any label or package and the manner in which that information must be shown; 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; prescribing the content of and the method of sending the notification required by subsection 6(1); respecting the powers, duties and functions of inspectors and analysts; respecting the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices; respecting the costs in relation to anything required or authorized under this Act; respecting the implementation, in relation to radiation emitting devices, of international agreements that affect those devices; prescribing anything that by this Act is to be prescribed; and generally, for carrying out the purposes and provisions of this Act. Publication of proposed regulations 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 Subsection (2) does not apply in respect of a proposed regulation that has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or makes no material substantive change in an existing regulation. Interim orders 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 An interim order has effect from the time that it is made but ceases to have effect on the earliest of 14 days after it is made, unless it is approved by the Governor in Council, the day on which it is repealed, the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order 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 An interim order is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and shall be published in the Canada Gazette within 23 days after it is made. Deeming 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 A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting 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. Contravention of sections 4 to 6 Every person who, or whose employee or agent, contravenes section 4, 5 or 6 is guilty of an offence and liable on summary conviction, to a fine not exceeding five thousand dollars; or on conviction on indictment, to a fine not exceeding ten thousand dollars. Contravention of other provisions, or regulations 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 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 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. Offence by employee or agent 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 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. Forfeiture on conviction If 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 in right of Canada if the forfeiture is directed by the court. Forfeiture on application to judge Without prejudice to the operation of subsection (1), a judge of a superior court of the province in which any radiation emitting device was seized under this Act may, on the application of an inspector and on any notice to those persons as that judge directs, order that the device and anything of a similar nature found with it be forfeited to Her Majesty in right of Canada if the judge finds, after making any inquiry that 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 Goods forfeited to Her Majesty in right of Canada under subsection (1) or (2) may be disposed of as the Minister may direct, subject to subsection (4). Protection of persons claiming interest 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.