GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Hazardous Products Act — H-3 14.3
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. Period for keeping documents (2) The supplier shall keep the documents for six years after the end of the year to which they relate or for any other period that may be prescribed. Keeping and providing documents (3) The supplier shall keep the documents at the supplier’s place of business in Canada or at any prescribed place and shall, on written request, within the time and in the manner specified in the request, provide them to the Minister or an inspector. Exemption  — outside Canada (4) The Minister may, subject to any terms and conditions that he or she may specify, exempt a supplier from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the supplier to keep them in Canada. 2014, c. 20, s. 114
Hazardous Products Act — H-3 15
ccredited by the Standards Council of Canada; (b) an industrial or trade organization; or (c) a government. Reproduced or translated material (4) A regulation made under subsection (1) or (2) may incorporate by reference documents that the Minister reproduces or translates from documents produced by a person or body other than the Minister (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. Jointly produced documents (5) A regulation made under subsection (1) or (2) may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws. Internally produced standards (6) A regulation made under subsection (1) or (2) may incorporate by reference technical or explanatory documents that the Minister produces, including (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. Incorporation as amended from time to time (7) Documents may be incorporated by reference as amended from time to time. For greater certainty (8) Subsections (3) to (7) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. Definition of government (9) In this section, government means any of the following or their institutions: (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
Hazardous Products Act — H-3 16.1
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. 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. 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. Contravention of unpublished order (4) 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 (5) 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 (6) For the purpose of any provision of this Part other than this section and section 19, 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 (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting. 2004, c. 15, s. 68; 2014, c. 20, s. 117
Hazardous Products Act — H-3 18
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
Hazardous Products Act — H-3 19
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
Hazardous Products Act — H-3 20
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. 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). 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. 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. 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. 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 . R.S., 1985, c. H-3, s. 20; R.S., 1985, c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 121
Hazardous Products Act — H-3 21
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. 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. 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
Hazardous Products Act — H-3 22.1
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). 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. 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. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 2014, c. 20, s. 123 2022, c. 17, s. 64
Hazardous Products Act — H-3 22.2
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
Hazardous Products Act — H-3 22.3
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
Hazardous Products Act — H-3 22.4
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. 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
Hazardous Products Act — H-3 23
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
Hazardous Products Act — H-3 24
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. 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. R.S., 1985, c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 123
Hazardous Products Act — H-3 24.1
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
Hazardous Products Act — H-3 25
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). 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. 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. 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. R.S., 1985, c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 123
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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. 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
Hazardous Products Act — H-3 26.01
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. 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. 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. 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. 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. 2016, c. 9, s. 15
Hazardous Products Act — H-3 26.1
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. 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. 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. 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
Hazardous Products Act — H-3 26.2
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