• 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.

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.

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.

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).

• Marginal note:Providing information to Minister

  (2) Every person to whom an order under subsection (1) or (1.1) is directed shall provide to the Minister, in the time, form and manner specified in the order, the information or the results of the tests or studies that are required by the order.

• Marginal note:Information privileged

  (3) Subject to subsection (4), information received by the Minister from a person under subsection (1) or (1.1) 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 administration and enforcement of this Act or for the purposes of section 15.

• Marginal note:Information privileged

  (4) The Minister shall not, when carrying out the consultations referred to in section 19, for the purposes of subsection 15(1), disclose the name of any person from whom the Minister has received information under subsection (1) or (1.1) or any of that information that is specified, in writing, by the person as being confidential.

• Marginal note:Statutory Instruments Act

  (5) For greater certainty, orders made under subsection (1) or (1.1) are not statutory instruments within the meaning of the Statutory Instruments Act.

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.

• Marginal note:Conveyance

  (1.1) For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Disposition of samples

  (1.2) A sample taken under this section may be disposed of in any manner that an inspector considers appropriate.

• Marginal note:Individual accompanying inspector

  (1.3) An inspector may be accompanied by any individual that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (1.4) An inspector who is exercising powers or performing duties or functions under this section and any individual accompanying them may enter private property  —  other than a dwelling-house  —  and pass through it in order to gain entry to a place referred to in subsection (1).

• Marginal note:Assistance to inspectors

  (2) The owner or person in charge of the place and every person found in it shall give the inspector all reasonable assistance and provide the inspector with any information that the inspector may require for the purpose of exercising the inspector’s powers or performing the inspector’s duties or functions under this section.

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.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), the inspector shall not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.

• Marginal note:Telewarrant

  (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), the warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

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.

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.

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.

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.

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.

• Marginal note:Interference

  (2) Except with the authorization of an inspector, no person shall remove, alter or interfere in any way with a thing seized under this Act by an inspector.

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.

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.

• Marginal note:Order of restoration

  (3) Subject to section 26, the provincial court judge shall order that the thing seized be restored without delay to the applicant if, on the hearing of an application made under subsection (1), the judge is satisfied that

  • (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.

• Marginal note:No application for restoration

  (4) If no application has been made under subsection (1) for the restoration of a thing seized under this Act within 120 days after the date of the seizure, the Minister may dispose of it, at the expense of its owner or the person having possession, care or control of it at the time of its seizure, as the Minister thinks fit.

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.

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.

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.

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.